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HomeMy Public PortalAboutConservation Minutes 2009-07-14 Orleans Conservation Commission cvfft_a� Town Hall, Nauset Room Work Meeting, Tuesday, July 14, 2009 TOWN OF ORLEANS TOWN CLERKS OIRFICI_�_ PRESENT: Adrienne Pfluger, Bob Royce, Bill Parish, Vice-ChaQFWWLkhot 2* Henson, Chairman; Judith Bruce, Harry Herrick, (Members); Steve Phillips, James Trainor, Jamie Balliett, (Associate Members); and Jennifer Wood, Conservation Administrator. ABSENT: George Christie (Resigned effective, 7/14/09). The Meeting opened at 8:30 a.m. CHANGES AND APPROVAL OF SEA CALL FARM SUPPORTERS CONTRACT Patty Crow, Vice-President of the Sea Call Farm Supporters, discussed the proposed changes in the Agreement. She said they would like to mow a 4'-wide path through the wood lot. The other work new to the Agreement such as, the foundation plantings and herb gardens, have been weeded by the Supporters in the past, and they would like to make it part of the Agreement. Ms. Crow said they have increased the number of bedrooms in the house to 4. The new bedroom needs a baseboard. The foundation work has been completed on the greenhouse, funded by the Community Preservation Committee. Arnold Henson asked how the greenhouse will be used when it is finished? Ms. Crow said the Community Gardeners could start seeds. The uses have not been finalized. Ms. Crow said there is a Plan to replace the large trees in the wind break within 5 years. She said the Tree Warden told her this is a large project that would need outside funding for tree removal and replacement, and site preparation. Jenny Wood said the Tree Warden was concerned about large healthy trees being removed. They may have to wait until these trees have declined substantially before removal. Ms. Crow said there are 2 trees close to the farmhouse that may have to be removed soon. Judith Bruce asked about replacing them immediately when they are removed? Ms. Wood said the trees need to be the same size for a wind break, so they should be replaced at the same time, and all the stumps would have to be pulled. Ms. Crow said they considered a row of replacement trees behind the existing row, but then the new trees would compete for space. MOTION: A motion to accept the Sea Call Farm Supporters Agreement was made by Judith Bruce and seconded by Bob Royce. VOTE: Unanimous. DISCUSSION Richard Cryer, 52 Willie Atwood Road. This is concerning a request to construct a shed approximately 65' to 3 freshwater wetlands-0' to the top of a coastal bank, and 15' to the 10'-contour representing the Cape Cod Bay ACEC. David Lyttle, from Ryder & Wilcox, and Richard Cryer, the Applicant, were present. Mr. Lyttle said the proposed location will require no tree removal. PAGE 2-MINUTES-WORK MEETING-TUESDAY, JULY 14, 2009 Arnold Henson said they are proposing to add structure in a sensitive area. Judith Bruce asked if the shed could be located closer to the road? Mr. Cryer said there are trees along the road. Steve Phillips asked if they could place the shed next to the garage? Mr. Lyttle said yes--then the shed would be located off of the bank and within an already disturbed area. The shed will be 10' x 12'. Mr. Henson said the shed could be located off the northeast end of the garage or the northwest side. Mr. Cryer said there are trees around the garage. Mr. Lyttle asked what type of filing was needed for the shed located next to the garage? The project would require a variance, so a Notice of Intent must be filed. Steve Phillips said he would require mitigation planting so the project was a benefit. CERTIFICATES OF COMPLIANCE Peter Feldman (2006), 8 Tides End Lane. This Certificate of Compliance request is for an Order for renovations and decks that was amended for a septic upgrade and conditioned on a Planting Plan. The septic system has a Certificate of Compliance with the Board of Health. An As-Built Plan has been submitted showing minor changes in the rock wall landward of the house, and a modification of the driveway shape. The driveway is now shell rather than the approved pavement. A major effort was done to remove invasive species and replant with natives. There are still areas wider than 4' covered with mulch. The Commission accepted the rest of this project, but will hold the Certificate of Compliance until the areas of mulch have been reduced. Charles Woodward (1989), 17 Lucy's Lane. This is a Certificate of Compliance request for a septic upgrade and small additions, porch, and deck that is in compliance with the Board of Health and built as shown on the Site Plan. MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Bob Royce. VOTE: Unanimous. Charles Woodward (1992), 17 Lucy's Lane. This Certificate of Compliance request is for a dock. The dock is built as shown on the License. MOTION: A motion to release this Certificate of Compliance was made by Bill Parish and seconded by Judith Bruce. VOTE: Unanimous. ADMINISTRATIVE REVIEWS Underhill/Lavoie, 6 Skymeadow Drive. The Applicants want to: Replace old cement paver walks with dry-laid bluestone; Replace foundation plantings; Remove 9 trees surrounding the dwelling that are too close to the house. This lot has many other trees; Install a section of organic lawn that will not be irrigated on PAGE 3-MINUTES-WORK MEETING-TUESDAY JULY 14 2009 the landward side of the dwelling along the drive, and a small section near the garage; Plant bare areas remaining from invasive species removal for the Certificate of Compliance with Itea, amsonia, and maidenhair fern, and the area by the post-and-rail fence on the seaward side of the dwelling with sweet fern and fothergilla. This area has been opened for a view that they would like to maintain by pruning down the native shrubs slightly to 6', pruning out the young trees, and minor pruning of suckering on the oaks. They would like to cut down the understory on the side of the lot in the Spring and Fall to promote native grass growth. MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Judith Bruce. VOTE: Unanimous. Friends of Crystal Lake (Jonathan Stark), Town Landings at Crystal Lake. The Applicants would like to put up signs at both Town Landings that read "Protect Our Lake Please Do Not Feed the Waterfowl" and "No Internal Combustion Motors". They would like to put 2 in the parking lot at the swimming beach and 1 near the Mutt Mitt dispenser at the fishing landing. MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bill Parish. VOTE: Unanimous. Ann Fleck Henderson, 13 Mizzentop Lane. The Applicant would like to cut down 60 trees in the buffer to a Coastal Bank. Part of the cutting is to open an area around an apple tree; the other is for a view-cutting to the top of the bank. They would also like to limb several oaks for the view-cutting. Many of these trees are small. She is cutting most of the trees in her buffer. The family donated property to the Orleans Conservation Trust (OCT). The adjacent lot is owned by the OCT and is well-treed. Some of the trees proposed for removal may be on the OCT property. This Administrative Review will be placed on hold while this is determined. Mary Louise Voller, 18 Sage's Way. This proposal was continued from last week. This request is for the proposed pumping and abandonment of a septic tank and a leaching pit between 15' and 45' to the top of a coastal bank; and for the installation of piping, and a new 2000-gallon septic tank and a pump chamber within 65-100' of the top of the coastal bank, and within 95' to a freshwater wetland. There is perched water in the test holes for the leaching system that is greater than 100' to the freshwater wetland and the coastal bank. This will be a 7-bedroom system. The Order to approve this dwelling was for 3-bedrooms. There is also another 3-bedroom dwelling on this lot. Stephanie Sequin, from Ryder &Wilcox, said the 100' buffer lines have been added to the Site Plan. There are no variances required from the Board of Health. Ms. Sequin explained PAGE 4-MINUTES-WORK MEETING-TUESDAY, JULY 14, 2009 that the original Plan showed an unfinished area upstairs. When the upstairs was finished off, the dwelling went from 3 bedrooms and a sunroom to 7 without approval. Judith Bruce asked if this project needed any Conditions? Jenny Wood said the area of the new septic tank is flat and grassy. Steve Phillips asked how wide the path to the water is? Ms. Sequin said from 12' to 18'. She said there is an On-Going Condition on the Certificate of Compliance that the path be limited to 4'-wide. This path has not grown in yet. Judith Bruce said she has no problem with the septic upgrade, but the path should be allowed to grow in. MOTION: A motion to approve this Administrative Review for a septic upgrade was made by Judith Bruce and seconded by Bill Parish. VOTE: Unanimous. Julie and Chris Schwachenwald, 23 Beginners Lane. The shed that would require a variance and Notice of Intent has been removed from the Administrative Review heard last week. The request is now to replace a 6'-high wooden pool fence in the same location. Information on non-toxic wood products was submitted. This pool was built in 1987. A Notice of Intent was filed but the Order was never issued. The fence was not shown on the Plan for the Notice of Intent. This work is within the buffer to a vernal pool. A Site Plan showing the fence has been submitted by the Applicants. Judith Bruce asked if the fence could be raised at least 3" off the ground so any vernal pool animals could cross the area? MOTION: A motion to approve this Administrative Review, subject to the agreement with the Applicants to raise the fence at least 3" as it is within the buffer zone to a vernal pool, was made by Judith Bruce and seconded by Bill Parish. VOTE: Unanimous. John Sommers, 7 & 8 South Little Bay Road. This request is to cut down two large oaks at the southwest corner of the property, landward of the dwellings, at the neighbor's request. There is no coastal bank or ACEC delineation to the south of this property. The project may be just within the buffer and outside the ACEC. Jenny Wood said there is no Site Plan. These trees are between the 2 dwellings with a large privet hedge behind them on the property line. Arnold Henson asked about the view from the water? Steve Phillips offered to view the area from the water to determine if the trees are providing screening. This Administrative Review will be placed on hold. Edward and Natalie Bagdonas, 54 Beach Road. This Administrative Review was filed at our request for vegetation restoration within 100' to a freshwater PAGE 5-MINUTES-WORK MEETING-TUESDAY JULY 14 2009 wetland. The Applicants have submitted a Site Plan showing the existing trees and brushy areas at the perimeter of the property. They request to restore the ground layer with native seed mixes, low bush blueberry, and lupine in selected areas, and the shrub layer with new shrubs and a small tree. They listed the proposed work seasonally. This summer they would like to remove invasive species including bittersweet and multiflora rose and also poison ivy. They would like to transfer mulch to the 4'-wide path through the site. In the fall they request to remove a pile of boards that was an old shed and a large pine leaning toward the house, and to plant the shrubs and a small tree. In late fall or early spring they request to install the seed mixes, including site preparation and watering. MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Judith Bruce. VOTE: Unanimous. PROPOSED POLICY Policy to pay small bills for the Community Gardens. This policy would allow the purchase of gardening equipment, such as a hose, in a timely fashion. The Policy also needs approval from the Town Administrator. MOTION: A motion to approve this Policy for small bills generated by the Community Gardeners was made by Judith Bruce and seconded by Bill Parish. VOTE: Unanimous. CHAIRMAN'S BUSINESS Approval of the Minutes from the Hearing/Work Meeting on July 7, 2009. MOTION: A motion to approve the Minutes from the Hearing/Work Meeting on July 7, 2009 was made by Bill Parish and seconded by Judith Bruce. VOTE: Unanimous. OTHER MEMBER'S BUSINESS Arnold Henson said Bill Parish and George Christie will no longer be continuing on the Conservation Commission. The Commission gave Mr. Parish and Mr. Christie, who was not present, a standing ovation for their years of dedicated service to the Town. The Site Visits were discussed by the Commissioners. The Meeting was adjourned at 9:10 a.m. Respectfully submitted, Leslie Derrick, Conservation Commission Secretary PAGE 6-MINUTES-WORK MEETING-TUESDAY JULY 14 2009 Approved I ' i Dated ` J