HomeMy Public PortalAboutConservation Minutes 2010-10-07 Orleans Conservation Commission ca
Town Hall, Nauset Room
Work Meetinq, Tuesdav, December 7, 2010
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PRESENT: Arnold Henson, Chairman; Judith Bruce, Vice-Chairman; Bob Royce;
Adrienne Pfluger; Steve Phillips; James Trainor; Jamie Ballieft; Jim O'Brien (Associate
Member); John Jannell, Acting Conservation Administrator.
ABSENT: Jennifer Wood, Conservation Administrator
8:30 a.m. Call to Order
Notice of Intent
Continuations
Continued from 9/21/2010 (JBr1, AP1, JBal), 10/5/10
Patrick & Janet Recian, 21 Tancilewood Terrace. by Ryder &Wilcox, Inc. and
Assessor's Map 20, Parcel 82,. The proposed removal of invasive plants and planting of
native plants. Work will occur on and within the buffer to a Coastal Bank. The applicant
requests that this hearing be continued to December 14, 2010.
MOTION: A motion to continue the hearing to December 14 was made by Judith Bruce
and seconded by Adrienne Pfluger.
VOTE: Unanimous
Continued from 10/19/2010, 11/16/2010
Robert& Sally Roda (AHU 187 Namequoit Road. by Coastal Engineering Co, Inc..
The proposed installation of a rock revetment and beach nourishment to a Coastal
Bank. Work will occur on a Coastal Bank, Coastal Beach, and within 100' of the Top of
a Coastal Bank. A new plan has been submitted. Roy Okurowski of Coastal
Engineering explained that after the site visit by the Conservation Commission, the plan
was changed to eliminate any rock being brought in from off site; existing rock will be
excavated and used to cover the coir envelopes. Seth Wilkinson of Wilkinson
Ecological Design said that the revegetated areas would extend outward, and that rock
from the groin located on the Roda's property would be used to cover the coir
envelopes. Arnold Henson asked what the commitment would be for renourishment, as
there was concern about an ongoing obligation to the site., Roy Okurowski explained
that after the initial 300 yards of sand was used on site, each spring observations would
be done to determine how much sand would be required to renourish, then the site
would be renourished accordingly. Seth Wilkinson explained the standard for the sand
nourishment would be 1-2' of sand on top of the rocks at all times to ensure the coir
envelopes worked effectively. Judith Bruce asked if the sand access ramp would be
maintained or would only be used during the construction. Seth Wilkinson said they
would like to maintain the ramp to no greater than 6 , and that it will be planted and
blanketed, with the ramp itself only being used during the dormant season. Arnold
Henson brought up concern about end scour, and the southeast fetch's effect on the
bank project. Roy Okurowski explained that end scour would not be a factor because
the rocks would be buried. Steve Phillips asked about the maintenance of the coir
envelopes, and who would be performing the monitoring. Robert Roda, the applicant,
said that he was at the house 8 months a year, and Seth Wilkinson explained his
company, in the event of a major storm, monitors all of their projects to ensure that no
damage has occurred. Judith Bruce emphasized that if a storm event occurred during
the winter it would not be left to be replenished until to the spring, and Arnold Henson
suggested it be conditioned that the area be renourished annually and after a storm
event. Robert Roda agreed with this condition, and Arnold Henson said his concern
was with the ongoing maintenance for the bank should the property be sold. Adrienne
Pfluger asked about the trees that would be lost due to the cutting back of the bank, and
Seth Wilkinson said they would be relocating the trees on either side of the construction
access.
MOTION: A motion to approve the November 29, 2010 plan with the condition that any
time at which the toe stones are exposed or in the event of a storm they must be
covered by sand as detailed in accordance with the ongoing conditions was made by
Judith Bruce and seconded by Adrienne Pfluger.
VOTE: 6-0-1; James Trainor recused.
Continued from 11/2/2010, 11/16/2010
Patrick Dower, 27 Standish Road. by Ryder &Wilcox, Inc. The proposed removal of
an existing dwelling and the construction of a new single-family dwelling. Work will
occur within 100' of Land Subject to Coastal Storm Flowage, a Coastal Bank, and a
Coastal Dune. Construction access to the site will be within Land Subject to Coastal
Storm Flowage. A new plan has been submitted. Stephanie Sequin of Ryder &Wilcox
went over the changes for the new submission, and John Jannell said that the Variance
requested at the last hearing had been submitted. Judith Bruce asked if the dwelling
would become 2-stories, and said that a planting plan would be needed for screening
for the resource area. Stephanie Sequin said that the building would be 2-stories, and a
planting plan would be submitted. Judith Bruce asked that the proposed landscaping
plan include naturalized areas. Patrick Dwyer, the applicant, said he was not interested
in maintaining a lawn and would like to plant beach rose and beach grass. Steve
Phillips suggested that the planting plan provide a view corridor, and Judith Bruce asked
that the planting plan include cedar trees.
MOTION: A motion to approve this project pending the submission of an approved
planting plan was made by Judith Bruce and seconded by Jamie Balliett.
VOTE: Unanimous
Certificates of Compliance
Last heard 1015/10 and site visit Commission said they could substitute shrubs.
Ross Bierkan (Mc Crossan)2006, 20 Buffiehead Lane. COC request for an Order to
remove and rebuild a dwelling. The dwelling was built as shown on the site,plan with the
addition of 3 AC units on the north side of the dwelling. The 7 trees proposed to be
planted in the old driveway were not planted; this area is now an extension of the lawn.
Steve Phillips asked about the current condition of the driveway, and Seth Wilkinson
said he had removed the gravel on it. Judith Bruce asked about the naturalization of
that area, and John Jannell said that when he went on site, 7 Chokecherries had been
planted, though needed to become established. Arnold Henson wanted to hold the
application so that a follow up site visit may be performed.
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Last Heard 11/23/10 (BR1, SP1, J01)
Terri & Fred Clark, 14 Pride's Path. COC request for an Order for the construction of
the breezeway, garage addition, and driveway and Septic System alterations. None of
the proposed mitigation work was completed. The applicant will re-file for the remaining
work to be done under a new Notice of Intent. David Lyttle of Ryder &Wilcox explained
that the applicant wished to have a Certificate for the work completed because the
Order of Conditions was going to expire, and the applicant would be unable to proceed
with the work at this time due to financial restrictions. Arnold Henson was concerned
why the applicant wanted a Certificate versus an Extension on the approved Order.
David Lyttle said the Certificate would be for the construction that was completed, and
the mitigation to the driveway. David Lyttle was concerned that if the applicant was put
in a bind they would have to sell their property, and would need a Certificate of
Compliance in order to complete the real estate transfer. The Commission debated
whether or not property could be transferred with an outstanding Order. Judith Bruce
was-concerned if the applicant was issued a Certificate for the work completed and then
had a new filing for the work not completed under the existing Order, that the amount of
mitigation offered for the new filing would not be comparable. David Lyttle said he
would file an Amended Order for the work to be done, and an Administrative Review for
the mitigation.
Mark & Susan Adomev f2/2812006), 47 Twiss Road. COC Request for an Order for
the removal of an existing dwelling, construction of a new dwelling, installation of a new
septic system, construction and grading of a driveway, and an approved landscaping
plan. Two AC units were installed off of the southwest end of the dwelling, a generator
was installed off the northside connector between the garage and the dwelling, and an
underground propane tank was installed off of the north side of the building. An as-built
plan has not been submitted to reflect these changes. Judith Bruce said the applicant
would need as as-built to receive their Certificate of Compliance. The Commission
asked whether or not the applicant was in compliance, and John Jannell said that they
had completed the work.
MOTION: A motion to issue the Certificate of Compliance pending the submission of an.
as-built was made by Judith Bruce and seconded by James Trainor.
VOTE: Unanimous
Mark & Susan Adorney (12/5/2006), 47 Twiss Road. COC request for an Order to
remove a timber bulkhead and install gabion toe protection to stabilize an existing
eroding bank.
MOTION: A motion to issue the Certificate of Compliance was made by Judith Bruce
and seconded by Jamie Ballieft.
VOTE: Unanimous
IJM Trust, 315 South Orleans Road. COC request for an Order to install a Title V
septic system. The system was installed in 1994 and received a Certificate of
Compliance with the Health Department.
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MOTION: A motion to issue the Certificate of Compliance was made by Judith Bruce
and seconded by Steve Phillips.
VOTE: Unanimous
Last Heard September 14, 2010 (AH1, AP1, JBI)
William & Nancy Brotherton (2007), 17 Blue Rock Road. COC request for an Order
to remodel and add an addition to an existing house including a new foundation,
additional driveway construction, and the installation of a water service. A revised plan
was submitted and approved by the Commission on 10/19110. A planting plan has been
submitted and approved showing only native plantings and areas on the bank and slope
to be revegetated. John Jannell recommended that no action be taken at this time. The
plants had only been in the ground a couple of months and needed time to become
established. Russell Holden of Ryder &Wilcox asked about the timeline for the
plantings, and Steve Phillips asked if the applicant was aware of the maintenance
required for the plantings. John Jannell stated that the plants had been put in per the
plan, and they needed to be established for a period of time before the Certificate of
Compliance could be issued. Russell Holden said he would inform the applicant.
William & Nancy Brotherton (Amended), 17 Blue Rock Road. COC request for an
Order to remodel and add an addition to an existing house that was amended to
upgrade the septic system. A revised plan was submitted and approved by the
Commission 10/19/10. John Jannell recommended that no action betaken at this time,
as the Certificate of Compliance included plantings that have not been established; the
Commission concurred.
Mark Picton (2/14/95) 01311) 001), 22-24 Priscilla Lane. COC request for an Order
for additions to an existing dwellings and a new septic system. An As-Built Plan has
been submitted reflecting the following changes: The driveway has a different
configuration. One of the decks on Dwelling B is smaller. The additions to Dwelling A
were not built other than a foundation off the west side. The deck on the northwest
corner of Dwelling B was not built. The area around the wetlands was allowed to
naturalize. The pipe emptying into the wetland and the rubble within the wetland have
both been removed as per the request of the Commission from the 11/3/09 hearing.
Two drywells have been installed to handle the roof runoff and foundation draining as
part of a newly issued Order, DEP# SE 54-2054. The remaining work being performed
on the site falls under the newly issued Order.
MOTION:A motion to issue the Certificate of Compliance was made by Judith Bruce
and seconded by James Trainor.
VOTE: Unanimous
Mark Picton (11/3/97) 0131) 001), 22-24 Priscilla Lane. COC request for an
Amended Order which reconfigured the footprint of the structures and the parking
areas.
MOTION: A motion to issue the Certificate of Compliance was made by Judith Bruce
and seconded by Adrienne Pfluger.
VOTE: Unanimous
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Administrative Review
Tom & Mary Heiser. 27 Carlton Road. The proposed construction of a screened
porch and the rebuild of an existing deck in the existing footprint. The porch will be
constructed on hand dug sono tube footings. Work to occur within 100' of the Top of a
Coastal Bank. Judith Bruce asked if this would be a screened porch of the existing
deck, and David Lyttle said no, and the new deck would extend 11, into the 100' buffer
zone. Judith Bruce asked if the room would be a 3 season room or a screened in deck,
and whether or not the work would be done in the ACEC. David Lyttle said it would be
a screened in deck, and work would not occur within the ACEC. Arnold Henson was
concerned about setting a precedent, and Judith Bruce said that screened in porches in
deck areas had been approved through Administrative Reviews in the past. Steve
Phillips asked if stairs would be built to access the porch, and David Lyttle said no.
MOTION: A motion to approve this project was made by Jamie Ballileft and seconded
by Judith Bruce
VOTE: Unanimous
Jav Haqenbuckle, Nauset Beach Camp #4. The proposed residing of the camp with
cedar shingles. Work will occur within 100' of the top of a Coastal Bank, Coastal Dune,
Barrier Beach, and Land Subject to Coastal Storm Flowage. Work to be done by Kurt
Martin.
MOTION: A motion to approve this project was made by Judith Bruce and seconded by
James Trainor.
VOTE: Unanimous
Bill Sargent, 63 Old Field Road. The proposed construction of an additional 70 feet of
gabions to protect the toe of the marsh. This would be a continuation of gabions
located East of the marsh. Work will occur within Coastal Beach, Salt Marsh, Land
Subject to Coastal Storm Flowage, and Coastal Bank. The Commission determined
that the scope of the project was too big to be filed under an Administrative Review.
MOTION: A motion to approve this project was made by Steve Phillips and seconded by
Judith Bruce.
VOTE: 0-7-0 Denied. A Notice of Intent must be filed for this work.
Sara Corcoran. 111 Freeman Lane. The proposed mowing around the fruit trees and
mowing a path to maintain the honey beehive. Work will occur within 100' of a
Freshwater Wetland.
MOTION: A motion to approve this project was made by Jamie Ballieft and seconded by
Bob Royce.
VOTE: Unanimous
McLennen Trust, 661 S. Orleans Road. The proposed removal of dead and
dangerous trees. Work will Occur within 100' of the top of a Coastal Bank. Work to be
done by Miranda's Landscaping. Adrienne Pfluger asked how many trees were going to
be removed. John Jannell reported that 3 pitch pines would be removed, and their
removal was the result of the installation of underground utilities damaging the roots.
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MOTION: A motion to approve this project was made by Judith Bruce and seconded by
Bob Royce.
VOTE: Unanimous
Town of Orleans, Across from Franz Road. The proposed removal of 1 oak shrub
within the 50' buffer zone. The oak shrub will be replaced with one 3-4' tall beach plum;
Dan Connolly has been consulted. Work to be done by Wilkinson Ecological. Judith
Bruce asked if the tree was located in the Skaket Dune. John Jannell said the tree was
located in the Skaket Dune in the town right-of-way, and had been repetitively hit by
snow plows. John Jannell said the oak shrub had been topped for a view. The
Commission requested that John Jannell write in his comments that no pruning of the
beach plum would be permitted.
MOTION: A motion to approve this project was made by Judith Bruce and seconded by
Steve Phillips.
VOTE: Unanimous
Dave Winnick, 10 Windv Hill Road. The proposed installation of a natural gas
generator on the back left side of the house. Work will occur within 100' of Edge of
Wetland. Work to be done by Mark Kiefer. John Jannell said the applicant moved the
proposed location of the generator to a more suitable location between the house and
the driveway.
MOTION A motion to approve this project was made by Steve Phillips and seconded by
Bob Royce.
VOTE: Unanimous
Request for Extension
Jov Fopiano, 16 Honevsuckle Lane. Request for a 1 year extension to complete the
work under the Order. Work is by East Cape Engineering.
MOTION: A motion to approve the Extension was made by Judith Bruce and seconded
by Bob Royce.
VOTE: 7-0.
Jill Fopiano, 12 Honevsuckle Lane. Request for a 1 year extension to complete the
work under the Order. Work is by East Cape Engineering.
MOTION: A motion to approve the Extension was made by Judith Bruce and seconded
by Bob Royce.
VOTE: 7-0.
Request to Use Conservation Property
Windmill, Wedding, 6/18/11, Matt Condon &Allyson Vallone, 30 People, 3-6pm
MOTION: A motion to approve this event was made by Adrienne Pfluger and seconded
by James Trainor.
VOTE: Unanimous
Windmill, Wedding, 9/24/11, Phoenix Kovacs & Donald Vinci, 180 People , 4-6pm
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MOTION: A motion to approve this event was made by Judith Bruce and seconded by
James Trainor.
VOTE: Unanimous
Kent's Point, Educational Walk, 12/11/10, Kris Ramsey & Bob Prescott, 10-25 People
10am-12pm
MOTION: A motion to approve this project was made by Adrienne Pfluger and
seconded by Judith Bruce.
VOTE: Unanimous
Chairman's Business
Approval of the Minutes from the Work Meeting on November 23, 2010.
MOTION: A motion to approve the minutes was made by Judith Bruce and seconded by
Adrienne Pfluger.
VOTE: 6-0-1, Steve Phillips abstained.
The meeting was adjourned at 10:03am.
Respectfully submitted,
Erin C. Shupenis, Principal Clerk, Orleans Conservation Commission
Site Visit
Continued from 9/21/2010 (JBr1, AP1, JBal), 10/5110
Patrick & Janet Regan 21 Tanglewood Terrace
by Ryder &Wilcox, Inc. and Assessor's Map 20, Parcel 82,. The proposed removal of
invasive plants and planting of native plants. Work will occur on and within the buffer to
a Coastal Bank.
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