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HomeMy Public PortalAboutConservation Minutes 2008-02-26 Orleans Conservation Commission ,I S 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