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HomeMy Public PortalAboutConservation Minutes 2007-10-09 Orleans Conservation Commission Town Hall, Nauset Room OF 4R Work Meeting, Tuesday October 9 2007 'W_ `tS ' IOWN CLERKS OFFICE 87 OCT 16 PM 1: 37 PRESENT: Adrienne Pfluger, Bob Royce, Bill Parish, Arnold enson, Chairman; Judith Bruce, Vice-Chairman; George Christie, Harry Herrick, (Members); Steve Phillips, (Associate Member); and Jennifer Wood, Conservation Administrator. ABSENT: James Trainor and Jimmy Dishner, (Associate Members). The Meeting opened at 8:30 a.m. FINDINGS Pat and Jim Robert, 207 Barley Neck Road. MOTION: A motion to approve the Findings for the 207 Barley Neck Road Denied Application was made by George Christie and seconded by Bill Parish. VOTE: Unanimous. CONTINUATION Joseph F. White (BP1, JD1), 46 Arey's Lane by Ryder & Wilcox, Inc. The proposed construction of dug-in timber steps on a Coastal Bank and the revegetation of a previously cleared area on a Coastal Bank. Work will occur on a Coastal Bank, within Land Subject to Coastal Storm Flowage &the Pleasant Bay ACEC, and within 100' of the Edge of a Salt Marsh. Seth Wilkinson, from Wilkinson Ecological Design and Joseph White, the Applicant, were present. Mr. Wilkinson passed out new Site Plans revised to show the elimination of the proposed dug-in timber steps and the addition of trees on the south side of Arey's Lane. He distributed a revised sheet on Planting Specifics, including his estimate for the cost of materials and labor at $15,000. Mr. Wilkinson said it is important how the initial work is done plus how the plantings are cared for in the next 2-3 years. Mr. Wilkinson said he looked at the water side of Arey's Lane for suitable sites for new trees. Unfortunately, the best sites were not on the property of Mr. White. Because of the slope on Mr. White's property, he recommends 10-12' cedars instead of larger trees. Arnold Henson asked about the condition of the cherry that was cut in half? Mr. Wilkinson said this tree is re-sprouting and could be pruned to a tree shape over time. Judith Bruce asked about the oak that had the lower branches pruned off? Mr. Wilkinson said the branches will not grow back but new trees will grow into that area. Jenny Wood asked about the birch? Mr. Wilkinson said the birch blew over and re-sprouted. Arnold Henson said the size of the proposed trees is the maximum height for remaining healthy. Mr. Wilkinson agreed. Bags will be placed at the bases of the new trees that will be filled with water, and the planting will begin this Fall. Arnold Henson asked if a new Site Plan would be submitted showing the extension of Mr. White's property lines on the south side of Arey's Lane? Mr. Wilkinson said yes. He said the existing dug-in steps will be planted around rather then removed, because removal could cause more erosion. Arnold Henson said the Order will be conditioned not to use the old stairway. George PAGE 2-MINUTES-WORK MEETING-TUESDAY, OCTOBER 9, 2007 Christie asked if the uprooting of the green brier will be done by machinery? Mr. Wilkinson said there is green brier on either side of the cleared area that he will need some equipment to remove. The cedars will also need a mini-excavator to plant. Mr. Wilkinson said he will use a machine to remove the green brier, then plant immediately. This Order will be conditioned to include the $15,000 bond for the plant materials and the labor. Mr. Wilkinson said that the Applicant has cooperated, and he intends to have all the plants installed this Fall. He asked if the bond amount could be reduced? Jenny Wood asked how much? Mr. Wilkinson said 50%. George Christie asked who would be doing this work? Mr. Wilkinson said there will be a signed Contract with him to complete this planting. Judith Bruce said the $15,000 bond will provide motivation to complete this Planting Plan and the Applicant will not be allowed to do this work himself. The Commissioners said the full amount of the bond should remain. George Christie asked if there was water on site for irrigation? Mr. White said there is a well and a portable generator. Adrienne Pfluger asked if there was a concern about the run-off created by the watering system? Mr. Wilkinson said the concern was for an automated irrigation system. Instead, rotary sprinklers will be used while the Applicant is on site, a couple of times a week. Skip Hall, an Abutter, submitted a letter of thanks to the Commission. MOTION: A motion to approve this project, subject to receipt of a Site Plan showing the Applicant's property lines to the water's edge, and conditioned on the abandonment of the dug-in steps, pruning of the cherry tree to regain tree form, the standard Planting Plan Conditions, and receipt of the $15,000 Bond, was made by Judith Bruce and seconded by Bill Parish. VOTE: Unanimous. DISCUSSION James and Phyllis Wansiewicz (1999), 68 Freeman Lane. Tim Brady, from East Cape Engineering, and Mr. and Mrs. Wansiewicz, the Owners of this property, were present. Mr. Brady said the Owners want to know if the fence should be removed, left alone, or changed. Mrs. Wansiewicz said an electric fence will not work on this property. The coyotes and other dogs can come in but her dogs cannot defend themselves. Judith Bruce said to remove the extra chain link section and the extra wire added to the split-rail section. Jenny Wood reiterated the previous Discussion about the additional landscaping that had been put on this property without approval. She said the extent of the fence and the boat ramp were the remaining features of concern. Ms. Wood said the Certificate of Compliance would not be released for 1 year after the boat ramp was installed to be sure it was working well. Bill Parish suggested a pen for the dogs instead of the whole yard. Judith Bruce said the dog pen should be erected near the basement, close to the house. There has been too much unapproved development on this lot. The Commission agreed. Mrs. Wansiewicz said the wire was placed behind the split-rail section of the fence to keep the dogs in. She offered to remove this wire and return the split-rail fence to what it was when they purchased this property. The Plan will be revised to show only the original PAGE 3-MINUTES-WORK MEETING-TUESDAY, OCTOBER 9, 2007 post & rail fence. REVISED PLANS William Reiher (March 2005), 7 Richwood Farm Lane. This request is to reduce the size of the dwelling and build it further from the wetland. The footprint will be reduced from 3,600 square feet to 2,800 square feet. The limit of work will be located 76' away from the wetland which is 20' landward of the approved limit of work. This work would have to be finished next year by March, 2008. Only a 1 year extension is possible. A new Notice of Intent would have to be filed after that. Tim Brady, from East Cape Engineering, said the Applicant will request an Extension in February and the work will be done within a year from the Extension. MOTION: A motion to accept this Revised Plan was made by Judith Bruce and seconded by Bill Parish. VOTE: Unanimous. Douglas Nickerson (2007), 110 Beach Road. The revised Site Plan shows an access and utility easement through Lot 1 to Lot 2 on the existing driveway. It is greater than 75' to the wetland except in one area. The access and utility easement shown on the approved Plan to the east has been reduced from 20' to 10' and the septic line is now shown within the 100'-buffer to a vegetated wetland. David Lajoie, from Felco Engineering, said the eastern easement will still have the septic line to be directed to the leaching field. There will just be trenching in that area, not a driveway. (James Trainor arrived at the Meeting at this time, 9:12 a.m.) Arnold Henson said the only item closer to the wetland with this request will be the buried septic line. George Christie said this Plan is still noted as a Preliminary Development Plan. Mr. Lajoie said this Plan has been approved and it is not preliminary anymore. Adrienne Pfluger said to erect a silt fence and not hay bales, as is incorrectly noted in Construction Note 2. Mr. Lajoie agreed. MOTION: A motion to accept this Revised Plan was made by George Christie and seconded by Judith Bruce. VOTE: Unanimous. REQUEST FOR EXTENSION Robert Payne (2003) (Brotherton), 17 Blue Rock Road. The Order of Conditions for a septic system has already been granted a one year extension to October 10, 2007. Our Bylaw limits extensions to 1 year. The Brothertons now own this property. The 2003 Site Plan with this Order does not show the changes to the dwelling accepted under a recent Order. Work on this septic system has not begun. Terry Ryder, from Ryder &Wilcox, said the septic system would PAGE 4-MINUTES-WORK MEETING-TUESDAY, OCTOBER 9, 2007 remain in the exact same location and is noted on the new Site Plan for the new Owners. This will be the same design as originally approved. Arnold Henson said they could amend that Order of Conditions for the dwelling to include this system. Then the new filing would be accurate for where they are today. MOTION: A motion to approve this 1-Year Extension, subject to the consideration of Town Counsel, was made by Judith Bruce and seconded by George Christie. VOTE: 4-3-0 Approved (Arnold Henson, George Christie, and Judith Bruce voted "Nay"). CERTIFICATES OF COMPLIANCE Leon Earl & Carol Sylver (2003), 21 Cheney Road. This is a request for a Certificate of Compliance for a 4-bedroom septic upgrade to the main house that has been completed and is in compliance with the Board of Health. MOTION: A motion to release this Certificate of Compliance was made by Judith Bruce and seconded by Bill Parish. VOTE: Unanimous. Leon Earl & Carol Sylver, Amended Order (2003), 21 Cheney Road. The Order was amended to a 5-bedroom system and for the installation of a septic line from the garage to connect it to the new system. No work was done under this Amended Order. A Plan showing a separate leaching system for 2 bedrooms for the garage has been filed under an Administrative Review with Duke and Brannock (see below). MOTION: A motion to release this Certificate of Compliance for no work being done under the Amended Order was made by Bill Parish and seconded by George Christie. VOTE: Unanimous. ADMINISTRATIVE REVIEWS C. Duke and Lisa Brannock, 21 Cheney Road. This request is for a proposed connection of a septic pipe from the garage to a new septic tank and a 2-bedroom leaching field outside the 100'-buffer to the top of a coastal bank. The open area over the garage is considered one bedroom now. A 2-bedroom system is the minimal size system that can be installed. The water line will also have to be relocated and is shown on the Plan. Terry Ryder, from Ryder & Wilcox, said this proposal does not include adding another- bedroom. They are eliminating the need for a pump chamber by building a separate leaching field down-slope. This new septic tank will be located further away from the resource area. Judith Bruce asked if the garage has an apartment? Mr. Ryder said a studio apartment that had a cesspool located on the other side of the property PAGE 5-MINUTES-WORK MEETING-TUESDAY, OCTOBER 9, 2007 line. This cesspool will be abandoned. Judith Bruce said she could not approve a second bedroom in this garage as it is within 100' of the bank and there will be increased intensity of use. This Administrative Review will be placed on hold for an Administrative Review that clearly states no second bedroom will be added to this system. Margaret Wormley, 7, 9, & 11 Nauset Farms Lane. This is a request to fill in a cesspool that is 74' to an isolated wetland. This request also includes the construction of an access across an existing lawn from the driveway that is 30' away from the wetland to install a new septic system. The wetland tags were no longer on site. This request is for a temporary access only. MOTION: A motion to approve this Administrative Review was made by Judith Bruce and seconded by Bill Parish. VOTE: Unanimous. Gary Furst, 27 Beach Plum Lane. This is a request to prune 5 cherry trees along the edge of the marsh down 4' to around 8'-high in the view to Cape Cod Bay. The Applicant also wants to stabilize one large red maple near the dwelling with cables and to prune the ends of the branches away from the dwelling. Certified Arborists will be doing this pruning work. This dwelling does not face any public viewing areas and there is a row of trees between the existing lawn and the marsh. MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Adrienne Pfluger. VOTE: Unanimous. Loren Scherbak, 38 Daley's Terrace. This is a request to build a 7"-11" thick concrete slab with 4' footings. The slab will be 15' x 12' and used as a base for a wood-fired ceramic kiln. The kiln itself will be 9' x 5'. It will be shaped like 2 brick boxes. The smaller box is for the wood fire. There is not a lot of smoke with the kiln. The slab will be 65' from the edge of Kettle Pond at its closest point, 25` from the edge of a ditch leading from Kettle Pond to an overgrown bog, and 58' to the bog. Doris Scherbak, the Owner of this property, was present. Arnold Henson asked if this project could be moved farther away from the bog? Mrs. Scherbak said no trees will be removed at this site and the cranberry bog on the other side of the ditch has not been used since 1988. There are trees growing in the bog now. Judith Bruce asked if high water flows from the pond to this bog? Mrs. Scherbak said no, the bog is higher than the pond. Ms. Bruce said really high water in the pond can flow over the street. Arnold Henson said there must be other places on site farther from the wetland areas, and he suggested the kiln be placed up to the north of the dwelling. Mrs. Scherbak said that is too close to the street and this is not a structure. Bill Parish said this project calls for a concrete pad with a roof, therefore it is a permanent structure. George Christie said this PAGE 6-MINUTES-WORK MEETING-TUESDAY, OCTOBER 9, 2007 project is for 180 square feet of concrete pad with a roof. Arnold Henson asked about the area east of the dwelling? He said to attempt to relocate this project outside the jurisdiction of the Commission, then she would not have to file a Notice of Intent. Mrs. Scherbak said she will have her daughter speak with the Conservation Administrator about an alternative site. Melinda Oleksiak, 212 Brick Hill Road. This is a request to remove invasive species and improve the habitat in and along the shoreline to Ice House Pond. The Applicant wants to: 1. Continue the removal of bittersweet, honeysuckle vines, and a few multiflora roses along the edge of the street to the land owned by the Conservation Trust. This area is well vegetated and the removal of these vines and few bushes will not leave any bare areas; 2. Start to dig up and remove yellow irises out of the pond edge. The few areas they have removed the irises has already recovered with native species; 3. Remove a wisteria vine and replace it with a virburnum in the yard area; 4. Remove a few Rosa rugosa in the edge of the lawn and put in meadow plants; 5. Remove 1 black walnut tree out of 7 to open up the canopy for existing shrubs and remove 1 lower limb and dead wood out of the black walnuts. MOTION: A motion to approve this Administrative Review was made by Bill Parish and seconded by Judith Bruce. VOTE: Unanimous. CHAIRMAN'S BUSINESS Approval of the Minutes from the Hearing/Work Meeting on October 2, 2007. MOTION: A motion to approve the Minutes from the Hearing/Work Meeting on October 2, 2007 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 9:46 a.m. Respectfully submitted, Leslie Derrick, Conservation Commission Secretary v d Dated Appro e J