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HomeMy Public PortalAboutConservation Minutes 2007-03-27 Orleans Conservation Commission Town Hall, Skaket Room K ,mac Work Meeting,.Tuesday, March 27, 2007 PRESENT: Bob Royce, Bill Parish, Arnold Henson, Chairman; Judith Bruce, Vice-Chairman; George Christie, Harry Herrick, (Members); Adrienne Pfluger, (Associate Member); and Jennifer Wood, Conservation Administrator. ABSENT: Jim Snedecor, (Member); and John Sargent, (Associate Member). The Meeting opened at 8:30 a.m. CONTINUATIONS Miller Brothers, LLC (Jim S, AH1, John S1), 31 Ruggles Road by Michael Talbot & Associates, Inc. The proposed flush-cutting to the ground of a 12"-diameter oak tree approximately 58' from the Top of the Coastal Bank; removal of invasive species within 50' to the Coastal Bank; & planting of native species for replacement & screening. The Commission received a letter from Attorney Turano Flores requesting a Continuation to the Meeting on April 24, 2007. MOTION: A motion to-continue this Hearing to the Meeting on April 24, 2007 was made by Bill Parish and seconded by Bob Royce. VOTE: Unanimous. Kevin & Michele Russell (Jim S, HH2, JB2,BP1,John S1), 61 Briar Spring Road by Ryder & Wilcox, Inc. Proposed removal of an existing dwelling & driveway & construction of a new dwelling & driveway; pumping & abandonment of existing cesspools & the installation of a new septic system; relocation of water line; grading & landscaping. Work will occur within 100' of a Coastal Bank & Land Subject to Coastal Storm Flowage, & within the ACEC. David Lyttle, from Ryder & Wilcox, and Seth Wilkinson, from Wilkinson Ecological Design, were present. Mr. Lyttle said Mr. Wilkinson's Landscaping Plan is on Page 2 of the Site Plan. The Site Plan has not changed from last week. Arnold Henson said he remains concerned with the encroachment of the building into the ACEC and thinks the deck could be reduced. Bill Parish said he does not like the deck within the ACEC either. Mr. Lyttle said this is an elevated deck, not cantilevered. This deck will be on posts that are 8-9' off of the ground, with no foundation. Judith Bruce asked if the building could be pushed back? Mr. Lyttle said they have pushed the house back as far as they can. Jenny Wood asked Mr. Wilkinson if there were enough trees on the bank as there are none shown in the Planting Plan? Mr. Wilkinson said yes, there is a heavy stand of cedars on the coastal bank. George Christie said there has been significant mitigation offered and the house is located as far back as possible from the resource area. Adrienne Pfluger and Bob Royce agreed. MOTION: A motion to approve this project with its variance and ACEC narrative, with the Plans revised March 22, 2007 was made by George Christie and PAGE 2-MINUTES-WORK MEETING-TUESDAY, MARCH 27, 2007 seconded by Bob Royce. VOTE: 4-2-1 Approved (Arnold Henson and Bill Parish voted "Nay" and Judith Bruce abstained). William P. & Nancy L. Brotherton (Jim S, AH1, John S2, JB1, HH1, BPI), 17 Blue Rock Road by Ryder &Wilcox, Inc. The proposed construction of an addition to an existing dwelling; renovation of the dwelling including a new foundation; additional driveway construction; & installation of a water service. Work will occur within 100' of a Coastal Bank. David Lyttle, from Ryder & Wilcox, Patty Crow, Landscape Architect, and William and Nancy Brotherton, the Applicants, were present. Mr. Lyttle said he met with Franke Construction and based on the Contractor's opinions, all that needs to be fixed is the foundation, the chimney, and the roof. The house is in good shape. Mr. Lyttle said this house will not be a tear down. The insulation and attic do not have any water damage. New windows, doors, and siding will be added. The ridge height and line will not change. Ms. Crow said the English ivy and invasive species will be replaced with natives. Arnold Henson asked how many cubic yards of the hill on the north will be removed for the addition? Mr. Lyttle said he does not have the number with him. Judith Bruce asked if the original house will remain as is? Mr. Lyttle said there will be interior changes, but their goal is for the dwelling to look similar to what existed in 1983. Ms. Crow said she has been in touch with the Friends of Gladys Taber Society and they are delighted with this proposal. George Christie said he is concerned that once the addition has been added, there will be no historical significance, and how close this location is to the coastal bank. Mr. Christie asked about the machinery and potential damage to that area. Mr. Lyttle said to put in the new foundation, they are proposing to dig a driveway into the lower area of the basement. They will dig out from the landward side underneath the building. Mr. Lyttle said there will be no machinery around the coastal bank, only near the dwelling. Mr. Christie said this work is all within 50' of the bank and the Order will be conditioned for access to this area. Jenny Wood said the proposal is to build within 75' and there is no permanent 50' buffer at this site. The existing house is already within the 50' buffer and the Applicants are asking to build outside the 50' buffer also. In exchange, they are offering to remove English ivy and install restoration planting along the edges of this lot. Mr. Lyttle said they are proposing to remove an existing shed to compensate for the addition within 50'. They are not increasing total square footage within the 50' buffer. Bill Parish asked if it would be feasible to move the building back further? Mr. Lyttle said it would be feasible, but it would disturb the entire lot, and a narrow house is all that could be built. Jenny Wood asked for the elevation of the addition? Mr. Lyttle said the ridgeline will be 30" higher than the other portion of the dwelling. He will submit Plans showing the elevations. Jenny Wood said the lack of buffer to the top of the bank is a concern with this project. There is a potential for run-off and erosion down the bank due to the increased activity near this area. Arnold Henson asked why there was no planting proposed on the corner between the main part of the dwelling and the bank? Ms. Crow said this could be planted. Arnold Henson suggested a Site PAGE 3-MINUTES-WORK MEETING-TUESDAY, MARCH 27, 2007 Visit with the Administrator, Mr. Lyttle, and Ms. Crow to hear suggestions about improving this site. Arnold Henson said the pools closest to the top of the bank could be removed. Judith Bruce said more disturbance could occur with the removal of these pools. Bob Royce said the largest pool leaks a great deal. Arnold Henson asked if the patio could be cut back? Ms. Crow said there is 8' of buffer in that location. George Christie said he is satisfied with this basic proposal, but he wants to see the elevations for the addition on the Site Plan. MOTION: A motion to continue this Hearing to the Meeting on April 3, 2007 was made by George Christie and seconded by Bill Parish. VOTE: Unanimous. DISCUSSION Bruce Hirschberg, 20 Bufflehead Lane. Mr. Hirschberg wants to update the Commissioners on the construction progress made at this site to date. This Order has Special Conditions that no work can be done on this site March through August while the ospreys are present on their nest, and no construction trucks can go over 12 mph on Bufflehead Road to this property. Mr. Hirschberg said that Mr. McCrossan is no longer involved with this property. There is a new Owner. The heavy construction is done, such as the concrete slabs in the basement. He is working on finishing up the interior. Mr. Hirschberg had collected information on ospreys nesting near busy areas that he submitted to the Commission. Adrienne Pfluger asked if he had contacted Dennis Murley or Bob Prescott from the Audubon Society? Mr. Hirschberg said no. Ms. Pfluger said the osprey nest on Gibson Road has not been finished perhaps due to disturbance from the road. Arnold Henson asked how many trucks and cars would be going to this property? Mr. Hirschberg said he would regulate the traffic. The plumbers have started the rough plumbing in the house, and they drive 2 pick-up trucks. There will be other workmen also such as sheet rockers and electricians. Mr. Henson asked what heavy trucks will be at the site? Mr. Hirschberg said the excavating has been done. There will be landscaping at the end of this project. Mr. Hirschberg said he would dictate what trucks will arrive when. George Christie said he has already received calls about the traffic and condition of the road to this site. Arnold Henson said a lot of items still need to be delivered. Judith Bruce said there will be many people coming and going. George Christie asked how long will it take to finish? Mr. Hirschberg said the new owner wants a July 15th occupancy date, and he must keep working to meet that deadline. Jenny Wood asked if any work needed to be done on the outside of the building? Mr. Hirschberg said the shingling is not finished but he didn't think the noise would disturb the ospreys. Judith Bruce said Mr. Hirschberg will not be able to control the speed of the trucks coming and going. Mr. Hirschberg said he will control the people that show up daily. Judith Bruce said the Conditions to the Order were agreed upon during the Hearings and they should not be changed now. Arnold Henson asked that a written protocol on the traffic to and from this site and how it will be controlled be submitted next week. He asked for the Commission's opinions. Bob Royce said the trucks coming in the PAGE 4-MINUTES-WORK MEETING-TUESDAY, MARCH 27, 2007 morning and then leaving in the afternoon should not be a problem. Adrienne Pfluger said the traffic needed to be regulated and asked if the shingling gun would create a disturbance? Mr. Hirschberg said the stapling gun makes less noise than using a hammer. George Christie said the Conditions on the Order should not be changed. Harry Herrick agreed that a commitment had been made. Arnold Henson said this house may have been sold, but the new owners must be aware of the restrictions on this building project. Mr. Henson said that Mr. Hirschberg has until the next Meeting to finish shingling and come in with a protocol for controlling traffic and access to this house. Judith Bruce said when the ospreys arrive, this work must stop. CERTIFICATES OF COMPLIANCE Walter Stone (1983), 17 Pilgrim Lake Terrace East. Order of Conditions for a single-family home. The house appears similar to the Site Plan. There is no statement from the Engineer that it is built as shown. The front deck is larger than the Site Plan and there is also a deck on the side. There has been some pruning in the wetland toward Pilgrim Lake and the invasive species vinca has been planted in that area. Jenny Wood said this house is very close to the wetland. The Commission usually requests an As Built Plan be submitted from an Engineer showing the existing conditions. The invasive species should be removed. The pruning within the wetland is minor, but the Certificate of Compliance could have a Continuing Condition not to work within the wetland. This Certificate of Compliance will be held for the submission of an As Built Plan from the Engineer. Attorney Joseph D'Elia said he has already contacted Coastal Engineering. Dennis Bradley (1986), 32 Hayward Lane. Order of Conditions for a dock that was never built. No work was done under this Order. MOTION: A motion to grant this Certificate of Compliance was made by Bill Parish and seconded by Bob Royce. VOTE: Unanimous. ADMINISTRATIVE REVIEWS Susan W. Sargent, 35 Crystal Lake Drive. This is a request to remove 1 dead pitch pine near Crystal Lake. MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Bob Royce. VOTE: Unanimous. Arnold Henson, 177 Barley Neck Road. This is a request for the pumping and abandonment of an existing cesspool and leach pit within 1 00' from the Edge of a Wetland. The installation of a new septic system will occur outside the 100' buffer. PAGE 5-MINUTES-WORK MEETING-TUESDAY, MARCH 27, 2007 MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Bob Royce. VOTE: 6-0-0 Approved (Arnold Henson recused himself). REQUEST TO RELEASE FUNDS FROM THE CONSERVATION TRUST FUND $500.00 is requested as our share of the Orthophotography of the Outer Beach in conjunction with the work done by Chatham. Parks and Beaches, Planning, and the MIS Department also contribute to this project. MOTION: A motion to approve the release of$500 from the Conservation Trust Fund was made by George Christie and seconded by Judith Bruce. VOTE: Unanimous. CHAIRMAN'S BUSINESS Approval of the Minutes from the Hearing/Work Meeting on March 20, 2007. MOTION: A motion to approve the Minutes from the Hearing/Work Meeting was made by George Christie and seconded by Adrienne Pfluger. VOTE: 5-0-2 Approved (Bill Parish and Judith Bruce abstained). The Site Visits were discussed by the Commissioners. The Meeting was adjourned at 9:45 a.m. Respectfully submitted, Leslie Derrick, Conservation Commission Secretary .� Dated Approved f��� � 4P14