HomeMy Public PortalAboutConservation Minutes 2008-02-26 Orleans Conservation Commission
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Town Hall, Nauset Room LEAN
Work Meetinq, Tuesdav, Februa;�'g S OFF ICE,,
08 MAR ® PM 1® 4 1
PRESENT: Adrienne Pfluger, Bob Royce, Bill Parish, George Christie, Acting
Chairman; Harry Herrick, (Members); Steve Phillips, James Trainor, Jimmy
Dishner, (Associate Members); and Jennifer Wood, Conservation Administrator.
ABSENT: Arnold Henson, Chairman; and Judith Bruce, Vice-Chairman;
(Members).
The Meeting opened at 8:30 a.m.
CONTINUATIONS
Paul RontV, Jr. (HH1), 648 South Orleans Road by Felco, Inc. Proposed
additions to an existing dwelling. Work will occur within 100' of a Bordering
Vegetated Wetland, a Coastal Bank, & within the Pleasant Bay ACC. A letter
from Felco Engineering requesting a Continuance was submitted. George
Christie said this Application was first heard in December, 2007 and keeps
getting continued with no submission of new information. All the information
pertaining to this Application should be presented at the next Hearing. The
Conservation Administrator will call the Engineer and request it.
MOTION: A motion to continue this Hearing to the Meeting on March 4, 2008
was made by Bill Parish and seconded by Bob Royce.
VOTE: Unanimous.
William & Diane Richardson (AH1), 17 Rock Harbor Road by East Cape
Engineering, Inc. The removal of an existing barn & greenhouse; proposed
construction of a dwelling with septic components within 100' of an Isolated
Vegetated Wetland (local Bylaw only). Katelyn Merrill, from East Cape
Engineering, said the section of the circular driveway closest to the wetland will
be removed and vegetated with native plantings, including native shrubs and a
native Conservation mix. There will be no mowing within 50' of the wetland. The
new proposed driveway will be expanded to the southeast for parking and a
turn-around for 4 cars to serve both dwellings. This new driveway will be
pervious, with a leaching catch basin for run-off. Ms. Merrill said the existing
large trees are now shown on the Site Plan, and none of these trees will be
removed. The force main from the pump chamber will go around the trees. Ms.
Merrill said the alarm system for the pump chamber will sound off outside of the
dwelling, not inside. Jenny Wood said the Order will include Conditions for
Planting Plans and a No-Mow Zone within 50' of the resource area, Harry
Herrick asked how Much room is needed for vehicles? Ms. Merrill said there is
room for 4 cars. James Trainor said an alarm system inside the dwelling makes
more sense. Jimmy Dishner agreed. Ms. Merrill said the alarm system could be
either way, outside or inside.
MOTION.- A motion to approve this project, conditioned on Standard Conditions
PAGE 2-MINUTES-WORK MEETING-TUESDAY, FEBRUARY 26, 2008
for Planting Plans, a No-Mow Zone within 50' of the resource area, and the alarm
system for the pump chamber located inside the dwelling and subject to approval
from the Board of Health, was made by Bill Parish and seconded by Bob Royce.
VOTE: Unanimous.
Beth McCartnev (AHU 137 Portanimicut Road by Ryder & Wilcox, Inc. The
proposed construction of a new dwelling on an existing foundation, an addition
onto a crawl space, & a porch over an existing deck; removal of a bulkhead &
remainder of a deck; & construction of a covered walkway. or will occur within
100' of the Top of a Coastal Bank, within Land Subject to Coastal Storm
Flowage, & within the Pleasant Bay ACC. A letter from Ryder & Wilcox
requesting a Continuance was submitted.
MOTION: A motion to continue this Hearing to the Meeting on March 4, 2008
was made by Bill Parish and seconded by Bob Royce.
VOTE: Unanimous.
DISCUSSION
Hopkins Lane Communitv Garden, Hopkins Lane. Joan Hitchcock has retired
as Garden Coordinator at Hopkins Lane Gardens. Gretel Norgeot has agreed to
take over as Garden Coordinator with the approval of the Commission.
MOTION: A motion to approve Gretel Norgeot as the Hopkins Lane Community
Gardens Coordinator was made by Bill Parish and seconded by Harry Herrick.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
an Meanv, 15 Smunqler's Path. Last heard: 11/6/07. The plan to erect 3
(Private-Property/No-Vehicle-Trespass) signs and install a line of stones on the
beach has been changed to erect 4 (Private Property, Respect Owners Rights,
No Trespassing of Any Kind). 2 of these signs will replace existing signs on the
dune edge. 1 sign will be placed next to the boundary marker on the beach, and
1 sign will be placed in the dune near the marsh. The Commission had
determined that stone walls cannot be built on the beach as they are a hazard.
MOTION: A motion to approve this Administrative Review was made by Bill
Parish and seconded by Bob Royce.
VOTE: Unanimous.
Roger Stacev, 632 South Orleans Road. This request is for the following:
Remove 1 Norway maple near the dwelling in the rear; prune 11 English oaks, 2
on the rear of the property, 2 along the drive, and 7 along the street. The Tree
Warden is in agreement to the pruning of the street trees for safety reasons.
PAGE 3-MINUTES-WORK MEETING-TUESDAY, FEBRUARY 26, 2008,
This work will be done by Bartlett Tree Experts.
MOTION: A motion to approve this Administrative Review was made by Bill
Parish and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Ric hardLeStage 12 Fla ywardLane. This is a request to remove 6 trees--2
pitch pines, 1 Norway maple, and 3 locusts. There is no recent wetland
delineation in the file. The flood elevation is at contour 13. The house is
approximately 40' from the coastal bank. Two of the trees are behind the house
about 80' from the bank. The others may be within or close to 30' of Land Subject
to Coastal Storm Flowage. Two of the trees are leaning. No replanting was
offered with this filing. Jenny Wood said there is not a lot of buffer at this site,
and a Restoration Plan should be offered. This Applicant came before the
Commission last fall to discuss an addition. George Christie said, as a result of
that discussion, the Applicant was informed they could file a Notice of Intent but
due to the sensitivity of the location in the ACEC and closeness to the top of the
coastal bank, they may not get approval. The Applicant built a cantilevered
addition without filing with the Conservation Commission or the Building
Department. The Application in the Building Department is just to replace
windows and siding. David Lyttle, from Ryder & Wilcox, said he has just been
out to the site. They did not construct an addition as large as they proposed at
the Discussion. They constructed a bay window that is cantilevered 4" off the
ground. Steve Phillips said he recalled from the informal Discussion that Arnold
Henson said a cantilevered window would probably be approved. Mr. Phillips
asked if there was any floor in the "window"? Mr. Lyttle said the floor was the
same as the rest of the house—you could walk on it. Bob Royce said that is not
awindow. Jenny Wood said this project is within 40' of the coastal bank and
within the ACEC, and in order to accept it, the Plan would have to be an
improvement to existing conditions. The Applicant could include a Planting Plan
for buffer improvement with the Notice of Intent filing. Removal and replacement
of the trees noted on the Administrative Review could also be filed under the
Notice of Intent.
Stanley and Bonnie Snow, 22 Gibson Road. This is a request to repair an
existing elevated wooden walkway. There will be no changes to the design and
no work on the foundation of the walkway. Tim Gainey is the Builder.
MOTION: A motion to approve this Administrative Review was made by Bill
Parish and seconded by Adrienne Pfluger.
VOTE: Unanimous.
Kathi Grant, 120 Narnequoit Road. This is a request to remove 1 dead tree
near the water. There is no recent wetland delineation in the file. The coastal
bank is likely a few feet in front of the dwelling. The flood elevation is at contour
PAGE 4-MINUTES-WORK MEETING-TUESDAY, FEBRUARY 26, 2008
13. There is not a lot of screening in front of this house and most of the trees are
limbed up. No replanting was offered with this filing. George Christie said a
replacement planting is needed for this site. This Administrative Review will be
placed on hold.
Town of Orleans, Windmill Park, 27-33 Route 6A. The Parks and Beaches
Department has a request to work on the Windmill Park Conservation Area. The
understory in the lot line to the south will be mowed. It is mostly Rosa rugosa
and will come right back. There is also bamboo there that will have an herbicide
wiped on it. The area to the east has a lot of native roses with a few cane roses
and honeysuckle. The cane roses and honeysuckle will be removed.
MOTION: A motion to approve this Administrative Review was made by Bill
Parish and seconded by Bob Royce.
VOTE: Unanimous,
Paul ulcher, Parks and Beaches Superintendent, Area of Pochet
Wash-Over, Nauset Beach. Michael Ford, Town Counsel, was also present.
Mr. Fulcher said the Town is in the process of applying for a Section 10 Permit
from the State and the Federal Government to allow off-road vehicles on Nauset
each this summer. Mr. Fulcher said he needs permission from the Commission
to establish an alternate route along the Atlantic Ocean to avoid the Pochet
wash-over area. Vehicles must be able to go around the existing least tern
colony in that area. Mr. Fulcher said he would like this vehicular track to be
permanent as there will be less impact to the beach itself. The wash-overs in the
back trail are turning it into one big puddle. George Christie asked where the new
road would go? Mr. Fulcher said the road will come from the back trail right out
to the beach and back to the beach trail after the wash-over. There will be no
disturbance to the existing grass. Steve Phillips asked if they were altering the
area? Mr. Fulcher said no, they will be driving across the sand. He said past
studies have shown it is better that vehicles travel on the Ocean-side of the
beach instead of the back trail. Mr. Phillips said there will be narrow sections at
high tide. Mr. Fulcher said it would be similar to the existing Trail 1 that is used
only at low tide. The new road will be clearly marked, and the existing trail will be
temporarily blocked off so that only 1 route is open. George Christie asked
Attorney Ford if approval is needed from other Agencies? Attorney Ford said
there is no Order of Conditions for this area of Nauset Beach, but the Order for
Nauset Spit will be applied to this area. That Order of Condition allows Mr.
Fulcher to come back before the Commission to request changes to the trails as
the beach dynamics change. Attorney Ford said the Section 10 Plan must be
approved by the State and the Federal Government. There will be a series of
Public Hearings. This plan for relocating the vehicular access track will be
incorporated into the Section 10 process. Mr. Fulcher said there have been
plover nests on the ocean-side of the wash-over area, Vehicles can bypass the
nests. The beach closures are for fledged chicks. Once the chicks have fledged,
Monitors will be used to lead vehicles past each brood. If the chicks are not
PAGE 5-MINUTES-WORK MEETING-TUESDAY, FEBRUARY 26, 2008
found, the escort Monitoring will be suspended until they are found. George
Christie asked about Chatham's involvement in the Section 10 process? Mr.
Fulcher said since Chatham does not have much beach left, they are not that
interested. Attorney Ford said the Section 10 process will be in negotiation for
about 6 weeks, and there may be changes to this Plan. If that is the case, they
will return to the Commission for approval. James Trainor said the new road will
be an improvement. Jenny Wood asked about the least tern colony? Mr.
Fulcher said there were 40 pairs last year, and 45 the previous year.
MOTION: A motion to approve the installation of a new vehicular track to the
ocean-side of the Pochet wash-over area was made by Bill Parish and seconded
by Harry Herrick.
VOTE: Unanimous.
CHAIRMAN'S BUSINESS
Approval of the Minutes from the Hearing/Work Meeting on February 19, 2008.
MOTION: A motion to approve the Minutes from the Hearing/Work Meeting on
February 19, 2008 was made by Bill Parish and seconded by Bob Royce.
VOTE: Unanimous.
The Site Visits were discussed by the Commissioners.
The Meeting was adjourned at 9:15 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approved _ Dated