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