HomeMy Public PortalAboutConservation Minutes 2008-09-02 Orleans Conservation Commission
Town Hall, Nauset Room
A dl I'
Hearinq, Tuesdav, Seotember 2, 2008 TUlr'l 0'_ ORLE.'t
T0404 CLEMKIS
08SEP -9 AIM10: 07
PRESENT: Bob Royce, Bill Parish, Vice-Chairman; Arnold Henson, Chairman-
7
George Christie, Harry Herrick, (Members),- Steve Phillips, James Trainor, Jamie
Ballieft, (Associate Members); and Jennifer Wood, Conservation Administrator.
ABSENT: Adrienne Pfluger and Judith Bruce, (Members).
The Meeting opened at 8:30 a.m.
NOTICE OF INTENT
Georae & Carolann Naiiarian/Iliff, 33 Bufflehead Lane by Ryder & Wilcox, Inc.
The proposed reconstruction of an existing culvert & drainage swale. Work will
occur in &within 100' of a Salt Marsh & a Bordering Vegetated Wetland, & on
Land Subject to Coastal Storm Flowage. Stephanie Sequin, from Ryder &
Wilcox, Seth Wilkinson, from Wilkinson Ecological Design, George Najarian, the
Applicant, and Carolyn Illiff, the Owner of the property, were present. Ms. Sequin
said Mr. and Mrs. Najarian own the property to the northwest on the other side of
the road where a pond is located. There is a 12" metal pipe culvert that drains
from the pond underneath the road to a vegetatdd swale on Mrs. Illiffs property
that empties into Woods Cove. Ms. Sequin said the swale overflows and floods
Mrs. Illiff's property. They are proposing to replace the culvert in the same
location, with the same-sized culvert. It will be lowered 1 foot to allow salt water
on exceptional tides to go up the culvert into the freshwater wetland. The swale
would be deepened and re-graded by hand. There is a high spot now that
prevents the water from running off into the Cove. Arnold Henson asked how
much deeper the swale would be? Ms. Sequin said between 6" — 12". Mr.
Henson said they are increasing the drainage coming from the marsh and
lowering the level of the pond. Mr. Wilkinson said there is an odd pitch to the
existing pipe. It is a foot lower on the Woods Cove side of the road than the
pond side. They are proposing to install a headwall with batter boards and to
start off with the same elevation to the culvert that exists now. The goal is to
keep the same water elevation in the groundwater-supported pond, but to allow
flushing with salt water. Mr. Wilkinson said this area has had an estuary
connection in the past. They hope to improve water quality and provide more
habitat, for example, the American eel. Currently, no salt water is getting back
into the pond. Arnold Henson said if there is a gated drainage system, who will
control the water level? Mr. Wilkinson said there are locking mechanisms to keep
out vandals. He said as the water flows out, it picks up silt and deposits it at the
edge of the beach, creating a small delta that holds the water back. Steve
Phillips asked who owns the road where the culvert is located? Mr. Wilkinson
said it is a private road with each property owner owning to the middle of the
road. George Christie asked if the road will be impacted by this project? Mr.
Wilkinson said Mike Antinorelli from AMA Excavation will close the road for
between a half to potentially one day. They will dig up the old pipe and drop a
pre-cast culvert on the gravel bed. Jenny Wood asked if the water runs from this
pond for a couple of months only as it is dry now? Mr. Wilkinson said this stream
PAGE 2-MINUTES-HEARING-TUESDAY, SEPTEMBER 2, 2008
is dry for most of the year, and runs in the spring. Ms. Wood asked for the depth
of the pond? Mr. Wilkinson said the depth varies. LEC Consulting studied this
pond years ago, and it is not very deep. Cat-tails have grown in thickly in the last
couple of years. There is a good buffer around the pond. Arnold Henson asked
about the cat-tails? Mr. Wilkinson said they are somewhat salt-tolerant. This
action would not alter the cat-tails. This area will not be an estuary--it will only
become a little brackish. He said they would monitor the salinity. Mrs. Illiff said
she has owned her property for 35 years and in the Spring, the pond becomes
full and drains into her yard. She gives her full support to this project. Jenny
Wood asked if they would be digging out the salt marsh and other vegetation?
Mr. Wilkinson said there is a root mat of quack grass that has a negative pitch.
This area will have to be maintained to become a meandering creek. George
Christie asked about a Planting Plan to maintain stabilization of this area? Mr.
Wilkinson said they would provide a Plan. Jenny Wood asked if they need to
lower the pipe? Ms. Sequin said they will not be able to get regular flushing
without lowering the pipe. On the pond side, the elevation is 7.9' and the extreme
rack line is at 75. Unless the pond side is lower than the extreme rack line, the
salt water won't go into the pond. Mr. Wilkinson said the highest tide every
month might reach the pond. Arnold Henson said they are attempting to
increase the salt water flushing and to prevent the yard from flooding in the
Spring. Mr. Wilkinson agreed. Jenny Wood said it would be useful to see a Site
Plan showing the depths of the pond and the rest of the system to the Cove.
George Christie asked what the DEP's concerns were? Jenny Wood said there
was no narrative for working in a resource area; are they lowering the water
level? Digging out the marsh? And who is going to control the water level?
Christine Kantor, an Abutter said she and the other Abutters support this project
as the pond is a mosquito breeding area. Jenny Wood asked how much water
leaves the pond in the Spring? How long does the water flow out? What is the
depth of the water in the Spring? What is the depth of water when the stream is
dry? Ms. Wood said the Commission should have some idea of the change this
project would have on the pond.
MOTION: A motion to continue this Hearing to the Meeting on September 16,
2008 was made by Bill Parish and seconded by George Christie.
VOTE: Unanimous.
CONTINUATIONS
John Laurino, 27 Blue Heron Wav by Felco, Inc. Proposed revegetation with
trees & shrubs. Work will occur on &within 100' of a Coastal Bank, &within 100'
of the Edge of a Marsh. David Lajoie, from Felco, Inc., submitted a request for a
Continuance.
MOTION: A motion to continue this Hearing to the Meeting on September 9,
2009 was made George Christie and seconded by Bill Parish.
VOTE: Unanimous.
PAGE 3-MINUTES-HEARING-TUESDAY. SEPTEMBER 2, 2008
Lvnn & Dona Pike, 33 Cove Road by Ryder &Wilcox, Inc. The proposed
removal of an existing dwelling & cottage; the construction of a new dwelling; the
pumping & abandonment of an existing cesspool & overflow & the installation of
a new septic system; relocation of an existing driveway; grading & landscaping.
Work will occur within 100' of the Top of a Coastal Bank & Land Subject to
Coastal Storm Flowage. David Lyttle, from Ryder &Wilcox, Rick Cleary, the
Builder, and Dona and Lynn Pike, the Applicants, were present. Mr. Lyttle said
they have a new Site Plan showing a reduction in hardscape. The patios are
smaller and a section of the paved driveway will be gravel. He said 4 bedrooms
between 2 buildings will be reduced to 3 bedrooms in a one-story structure with a
drive-under garage. The height of the main building will be reduced. Mr. Lyttle
said the existing structure has 1,014 square feet within 50', and 1,139 square
feet are proposed, for an increase of a little over 100'. Arnold Henson said there
is a substantial increase of coverage within the 75 to 100' buffers. Jenny Wood
asked for the new ridge height? Mr. Lyttle said the existing ridge is 41.2', and the
new proposed peak of the roof will be at 40.7'. The main ridge of the whole new
house is at 38.3', 2.9' lower than what exists. Steve Phillips pointed out that the
second building is much lower than the proposed. George Christie asked if the
entire house could be moved outside the 50' buffer? Mr. Lyttle said due to the
25' property line setback, and the septic system to the west, it is not possible to
move this dwelling outside of 50'. The new dwelling is oriented to face away
from the Yacht Club. The other choice would be a long narrow house across the
entire lot. Jenny Wood said there was a note from Ray Dobson, an Abutter,
about trimming some trees. Dona Pike said those trees are not on their property.
Mr. Lyttle read his variance request into the record. Jenny Wood asked to have
the variance request revised to remove the section on whether the coastal bank
was a sediment source or contained flood waters. She said that was up to the
Commission, not the Applicant. Arnold Henson said he remains concerned with
the overall increase in coverage within 50'. George Christie said there are more
pluses to this project than minuses. There is no Planting Plan offered, but the
Order will be conditioned for one. Arnold Henson asked if the lawn would
remain? Mr. Lyttle said there are hydrangeas and roses along the fence that will
remain. Arnold Henson said a buffer should be established along the wall.
Steve Phillips asked that some of the lawn be reduced and the area planted with
native shrubs. Mr. Henson asked for the distance between the patio and the wall
now? Mr. Lyttle said it is 15' to the southerly side and 30' to the northerly.
Arnold Henson asked if they would offer a 10'-wide buffer strip above the
retaining wall? Mr. Lyttle agreed. Mr. Henson said there would be a lot more
mass visible from the Town Landing. The buffer strip would be 10'-wide and
have native shrubs to be approved the Conservation Administrator. Steve
Phillips asked if they would consider a tree for the right-hand side of the property
where the building increases in height? Dona Pike said there is a huge tree on
the Town property now. Mr. Phillips said that tree won't screen the building. Bob
Royce said the elevation of the new building will be less and this is a good Plan.
MOTION: A motion to approve this project and its revised variance (to eliminate
the statement that this bank is not a sediment source and does not restrict flood
PAGE 4-MI NUTES-HEARING-TUESDAY, SEPTEMBER 2, 2008
waters), with the Site Plan dated August 27, 2008, and conditioned on a 10'-wide
buffer strip of native shrubs along the concrete wall to be approved by the
Conservation Administrator, was made by George Christie and seconded by Bill
Parish.
VOTE: 6-1-0 Approved (Bill Parish voted "Nay").
James & Lisa Silvestri, 14 Grev moor Way by Ryder & Wilcox, Inc. The
proposed construction of additions to an existing dwelling & the relocation of an
existing deck & bulkhead. Work will occur within 100' of a Bordering Vegetated
Wetland & within 100' of a Vernal Pool. David Lyttle and Bernadette Macleod,
from Ryder &Wilcox, and James Silvestri, the Applicant, were present. Ms.
Macleod said the Plans have been revised to show that everything has been
moved out of the 50' buffer. The deck has been moved to the side of the house
away from the vernal pool, the addition has been pushed to the north away from
the vernal pool, the bulkhead has been moved to the side of the addition, and
they are going to return the lawn area within the 50' buffer to a naturalized area.
MOTION: A motion to approve this project with the Site Plan dated August 27,
2008, conditioned on the addition of a naturalized area within the 50' buffer and
no lawn, was made by Bill Parish and seconded by George Christie.
VOTE: Unanimous.
CERTIFICATES OF COMPLIANCE
Elaine and Robert Koch (2006), 7 Blossom Lane. This Certificate of
Compliance request is for an Order that was filed at the Commission's request
due to tree cutting--vegetation alteration. The top of bank with sumac and Rosa
rugosa is currently pruned to 4-5', and the trees on the bank have been trained to
one leader and have not been pruned recently. There is no path or stairway to
the shore on this property.
MOTION: A motion to release this Certificate of Compliance was made by
George Christie and seconded by Bill Parish.
VOTE: Unanimous.
Carolyn Br n (1992), ro man Place. This request for a Certificate of
Compliance is for an Order for an existing dock that was built on the right-of-way.
On-Going Conditions for Existing Docks will remain on the Certificate of
Compliance.
MOTION: A motion to release this Certificate of Compliance was made by Bill
Parish and seconded by Bob Royce.
VOTE: Unanimous.
PAGE 5-MINUTES-HEARING-TUESDAY. SEPTEMBER 2, 2008
ADMINISTRATIVE REVIEWS
Farber/Niles, Sea Call Farm (Rock). This is a request to conduct subsurface
probing of the beach to determine the extent of the boulder spread.
MOTION: A motion to approve this Administrative Review was made by Bill
Parish and seconded by Bob Royce.
VOTE: Unanimous.
Snow Point Property Owners Assc., (Trudie Soderstrom), Woods Cove
Road. This is a request for the clearing of vegetation along an existing path no
wider than 8'. No trees will be cut down or pruned. Vines will be removed and
shrubs pruned according to the kind of shrub. This work will be done by Ocean's
Edge Landscaping.
MOTION: A motion to approve this Administrative Review was made by George
Christie and seconded by Bill Parish.
VOTE: Unanimous.
Doris Prescott, 14 Gibson Road. This is a request to dig 2 test holes for a
leaching system within 100' of Town Cove. This request was filed by Felco, Inc.
The test holes will be performed within the driveway.
MOTION: A motion to approve this Administrative Review was made by Bill
Parish and seconded by Bob Royce.
VOTE: Unanimous.
John and Lorraine Couqhlan, 15 Blue Heron Way. This is a request to
remove 5 arborvitae--3 of the arborvitae are at the end of the row of arborvitae
between the dwelling and the boathouse. The other 2 are too close to the boat
house. The Applicants also want to cut autumn olive sprouts to the ground by
hand in the field buffer to the marsh, and remove bittersweet from the trees, and
poison ivy.
MOTION: A motion to approve this Administrative Review was made by Bill
Parish and seconded by Bob Royce.
VOTE: Unanimous.
Orleans Conservation TrustlVince 011ivier, Namequoit Bo-q.. This is a request
to conduct late summer maintenance mowing of previously mown portions of the
bog to prevent weeds from going to seed. They will also treat target species in
the wetland with systemic herbicide, and mechanically remove a 2-acre root mat
of green brier. This work will be done by Wilkinson Ecological Design. Mr.
Wilkinson said this is a continuation of the restoration work on Namequoit Bog.
PAGE 6-MINUTES-HEARING-TUESDAY, SEPTEMBER 2, 2008
New White cedar spouts are 6" tall. A root-mat was removed in the northwest
corner, and the diversity is increasing. Jenny Wood said this area is very
beautiful.
MOTION: A motion to approve this Administrative Review was made by Bill
Parish and seconded by Bob Royce.
VOTE: Unanimous.
Bill and Kim VonThaden, 23 Champlain Road. This is a request to spot-treat
invasive species( bittersweet) growing in the meadow. The treated areas will be
densely planted with native warm season grass mix. This work will be done by
Wilkinson Ecological Design.
MOTION: A motion to approve this Administrative Review was made by Bill
Parish and seconded by Bob Royce.
VOTE: Unanimous.
Orleans Conservation Trust &Timothy Earle, Tar Kiln Road. This is a
request to hand-remove phragmites in the creek leading out of Uncle Seth's
Pond. The plant material will be composted on upland property of Timothy Earle.
This work will be done by the Hook Fisherman's Association (Jeff Norgeot). Mr.
Wilkinson said this will be a 3-year process and he will update the Commission
on his progress. Initially this will be a mechanical removal, then spot treatments.
MOTION: A motion to approve this Administrative Review was made by Bill
Parish and seconded by Bob Royce.
VOTE: Unanimous.
CHAIRMAN'S BUSINESS
Approval of the Minutes from the Work Meeting on August 26, 2008.
MOTION: A motion to approve the Minutes from the Work Meeting on August
26, 2008 was made by Bill Parish and seconded by Bob Royce.
VOTE: Unanimous.
The Meeting was adjourned at 9:50 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
PAGE 7-MINUTES-HEARING-TUESDAY, SEPTEMBER 2, 2008
Approved .� .�`,�V� Dated
J