HomeMy Public PortalAboutConservation Minutes 2008-01-15 Orleans Conservation Commission
Town Hall, Nauset Room
Hearinq, Tuesdav, January 1 hE46
PRESENT: Adrienne Pfluger, Bob Royce, Bill PaR&; Vr?dd I go� Chairman;
Judith Bruce, Vice-Chairman; George Christie, Harry Herrick, (Members); Steve
Phillips, James Trainor, Jimmy Dishner, (Associate Members); and Jennifer
Wood, Conservation Administrator.
The Meeting opened at 8:30 a.m.
NOTICES OF INTENT
James & Phvllis Wansiewicz, 68 Freeman Lane by East Cape Engineering,
Inc. After-the-fact filing to install 2 retaining walls; to remove portions of an
unpermitted driveway & replace with permeable pavers; to remove existing wire
fencing; & to stabilize an existing ramp with permeable pavers & plantings. Work
occurred and will occur within 100' of the Top of a Coastal Bank, a Salt Marsh, &
within Land Subject to Coastal Storm Flowage. Katelyn Merrill, from East Cape
Engineering, and Phyllis Wansiewicz, the Applicant, were present. Ms. Merrill
said this filing was for additional work that could not be accepted on an As-Built
Plan for a previously requested Certificate of Compliance. The revision date on
this Site Plan is October 15, 2007 and a variance was requested for work within
50' to the top of the coastal bank. Arnold Henson said this filing reflects what the
Commission requested. George Christie asked if these were new Plans? Ms.
Merrill said this is the Site Plan that was submitted with the As-Built. It includes
the changes to the driveways, removing the wire and chain-link fences, removing
the patio blocks from the marsh, the changes to the dwelling, the retaining walls,
and re-building the ramp on the coastal bank. The work that the Commission
requested has not been started yet, but will be completed under this active Order
of Conditions.
MOTION: A motion to approve this project, with a revision date on the Site Plan
of October 15, 2007, was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
Warren & Elizabeth Spicka, 24 Uncle Mark's Wav by Ryder & Wilcox, Inc. The
proposed construction of an addition to an existing dwelling. Work will occur
within 100' of the Top of a Coastal Bank. David Lyttle, from Ryder & Wilcox, said
the Applicant purchased one of the properties behind them, with a separate
access from Tonset Road. They have also altered the property line next to the
proposed addition to get a 25' sideline setback to comply with Zoning. The
addition will have a full foundation. There is only a crawl space under the
existing house now. The Applicants want a cellar for storage. The addition is
within the 75-buffer from the resource area. Mr. Lyttle said the construction
access will be from the driveway around the rear of the house to the proposed
addition. No work will occur between the house and the top of the coastal bank.
The limit of work runs from the corner of the deck to the property line, with the
proposed work outside of the 50'-buffer. Bob Royce said the fence close to the
PAGE 2-MINUTES-HEARING-TUESDAY, JANUARY 15, 2008
building is not shown on the Site Plan. Mr. Lyttle said they own both sides of the
fence near the addition now. Jimmy Dishner said the fence does not reflect the
new property line and suggested the fence be put on the Site Plan. Judith Bruce
said if this fence remains, there is no wildlife corridor. Mark Seelen, an Abutter,
said he wants the fence to remain for privacy reasons. Mr. Seelen asked for an
explanation of the survey markers? Mr. Lyttle offered to meet him on site to
explain the property line markers. Mr. Seelen said he does not want the shared
right-of-way that is his driveway used to bring in all of the supplies and take out
the dirt. This driveway has taken 2-3 years to recover from the previous building.
Mr. Seelen said the construction access should come down Uncle Mark's Way
and not the shared right-of-way. He said he has no objection to the proposed
addition. Mr. Lyttle said he does not want to impinge on the right-of-way with this
project. There are also a number of easements, such as view rights, on this
property and Mr. Lyttle said they have been careful not to encroach. Adrienne
Pfluger asked about the existing stairway to the marsh that is not shown on the
Site Plan? Mr. Lyttle said he did not locate everything on this property on the
Site Plan. Arnold Henson said he wants a complete record of this property on
the Site Plan. Arnold Henson said the Commission needs to see the adjacent
property now owned by this Applicant, with the proposed construction access.
Mr. Lyttle said he would show the additional 40' of access to the site, with the
other property boundaries. Jenny Wood said due to the recent cutting at the top
of the bank, this filing would need a restoration Planting Plan. They will also
need a good 50' buffer to build within 75' to the top of the bank. She said the salt
marsh is more landward than shown by the wetland flags. Mr. Lyttle said the
edge of the salt marsh was flagged by Russ Holden from Ryder &Wilcox, but the
Commission does not need to agree on the wetland delineation of the salt marsh,
as there is a more landward resource area the top of the coastal bank. Jenny
Wood said the Site Plan could note that the marsh extends more landward than
is shown. George Christie asked if the Site Plan shows an additional deck? Mr.
Lyttle said there is a small, triangular section of deck that is proposed to be
connected to the corner of the addition within 75'. George Christie said he wants
to see one Site Plan that shows the proposed addition and everything else on the
property for the record. There was not a clear explanation of what the property to
the northeast of this site would be, or whether wildlife habitat was protected.
Arnold Henson said there is no vegetated buffer at this site. Mr. Lyttle said he is
aware a Planting Plan is needed. He will work out the fence and construction
access issues with the Abutter, and will have a Planting Plan submitted.
MOTION: A motion to continue this Hearing to the Meeting on January 22, 2008
was made by Bill Parish and seconded by Harry Herrick.
VOTE: Unanimous.
CONTINUATION
Cape Tradewinds II Realty Trust, 8 & 14 Canal Road by Coastal Engineering
Co., Inc. Proposed property redevelopment & upgrades; construction of a new
6,300 square foot restaurant, renovation of existing buildings & parking areas;
PAGE 3-MINUTES-HEARING-TUESDAY, JANUARY 15. 2008
construction of a new sewage disposal system & stormwater drainage systems.
Work will occur within 100' of a Coastal Bank, within 100' of a Freshwater
Wetland, &within Land Subject to Coastal Storm Flowage. David Michniewicz,
from Coastal Engineering, Seth Wilkinson and Brian McGowan, from Wilkinson
Ecological Design, and Tom Wilburn, from the 99 Restaurant, were present. Mr.
Michniewicz said they did a hydrogeological study to determine the groundwater
flow direction. 4 monitoring wells were installed and they looked at the height of
the groundwater in relation to the wetlands to the north of this property. Mr.
Michniewicz said the flow direction is toward the north, northeast and then turns
toward the salt marsh system through culverts. This on-site determination
coincides with the Town's groundwater mapping. Mr. Michniewicz said this site is
within the watershed toward Boat Meadow Creek and not towards Town Cove.
They completed a mounding study, with a peak daily flow, and determined the
groundwater underneath the leaching area would only mound 1.6". They also
examined stormwater systems during a 24-hour storm and determined that
although the groundwater will mound underneath the leaching basins, it will be
returned back to normal within 1 day. Arnold Henson asked for the total increase
in impervious surface that will cover this property? Mr. Michniewicz said the total
square footage of impervious surfaces will increase by 9,586 square feet. They
are increasing the coverage, but also are removing 5,300 square feet between
50-75', and 2,000 square feet within 0-50'. Mr. Michniewicz said they will be
improving the stormwater drainage that now is going directly into the wetlands
untreated. Judith Bruce said the groundwater calculations for septage peaks and
stormwater calculations are separate. The septage flow will not stop during
storms—what are they together? Mr. Michniewicz said even if a rainfall event
mounds the flow for a short period of time, it will not alter the direction of the flow.
Judith Bruce said this leaching facility will direct the flow toward Rock Harbor
Creek. Mr. Michniewicz said there is a division in the middle of the existing motel
property with this side flowing toward Boat Meadow. The culverts in the rotary
also flow into Boat Meadow Creek. George Christie said at the informal Meeting
with the Board of Health, they suggested a septage treatment plant covering this
site, the motel, Wendy's, and the mini-golf course. Mr. Michniewicz said that was
suggested, but the proposed system is in compliance with Title 5 and his clients
do not think this is necessary. Judith Bruce said Rock Harbor Creek needs
nitrogen reduction. George Christie asked if both items proposed by the Board of
Health—a shared septage treatment plant and a nitrogen-reducing system—
were rejected by the Applicant? The Commission asked that these issues be
reconsidered. James Trainor asked about Well #5 on the Groundwater Plan,
near Route 6? Mr. Michniewicz said there is standing water within the wetland in
the middle of the rotary, and the wetlands at the rear of the property. The water
goes through the culverts to the Boat Meadow system. Mr. Trainor asked if they
must maintain run-off on their own property? Mr. Michniewicz said these culverts
are part of a State drainage system. The Applicant is containing overland flow on
their lot. Mr. Trainor said due to the amount of pavement at this site the water
runs to the edge of the State property. Arnold Henson polled the Commission
about a nitrogen-reducing system. There was a unanimous opinion to consider a
denitrification system. Judith Bruce asked if this proposal had been shown to
PAGE 4-MINUTES-HEARING-TUESDAY, JANUARY 15. 2008
Eastham as it is a large project right on their border? Mr. Michniewicz said this
Plan has not been shared with Eastham. Jimmy Dishner said with the impact this
could have on the watershed, a nitrogen-reducing system should be considered.
Arnold Henson said given the impact that this project will have to the resource
areas, the Commission has the right to require a denitrification system. Mr.
Michniewicz said they have looked at passive nitrogen removal. They could
install 1 or more irrigation wells down-gradient of the septic system, intercept the
plume, and use that water for irrigation. This would provide some nitrogen
reduction. Judith Bruce said irrigation is a good idea and worked for Snow's
however, Snow's is a retail store, not 3 restaurants. A passive irrigation system
may not reduce the nitrogen enough. Arnold Henson asked about the portion of
the Planting Plan that was for the Town property? Mr. Michniewicz said at the
informal Site Plan Review Meeting, the Town requested the parking area within
the Town layout be removed. Arnold Henson asked if they were going to work
on Town property? Mr. Michniewicz said they will be removing pavement and
then replanting the area. George Christie asked if they needed approval from the
Town for this Planting Mitigation Plan? Mr. Wilkinson said they received
approval through the Site Plan Review process. Arnold Henson asked if all the
proposed parking was needed for the gift shop/ice cream shop, as it is very close
to the top of the bank? James Trainor said the pavement comes to within 10-12'
at that location. He asked if the run-off would be contained? Mr. Michniewicz
said now the run-off sheets over the pavement to the wetland. There is not much
groundwater separation, so they are proposing to construct a vegetated swale at
the end of the pavement to hold the water instead of the drainage basins on the
remainder of the property. Judith Bruce asked if there would be any flow into
Jeremiah's Gutter? Mr. Michniewicz said it is contained in a culvert, and flows to
the north. Jenny Wood said she is very concerned about the amount of
proposed coverage on this property. 3/ of the entire buffer is already covered
and they are proposing to build on the only remaining open space of an already
compromised lot. The proposed drainage system does not compensate for
vegetation. Annual mowing shown on the proposed Plan cannot be approved,
the Applicant must apply every year. Mr. Wilkinson said they are proposing to
transplant native grass from the building site to the area they are restoring within
the buffer. Arnold Henson said now there is 1 large wide open field area, and if
this is replaced, it is with small green areas. There will be no more wide open
area for wildlife habitat. Mr. Michniewicz said they have proposed only a small
amount of new pavement from 75-100'. Jenny Wood asked if all of the proposed
parking places were required or could there be a reduction? Mr. Michniewicz
said they have proposed 50 parking spaces over what the Zoning Bylaw
requires. Arnold Henson asked if some spaces could be removed? Mr.
Michniewicz said yes, however people may park on the lawn if there are not
adequate parking spaces. Judith Bruce said then this is a very over-developed
site. George Christie said even though the new building is outside the
100'-buffer, it is still within the Commission's jurisdiction. Mr. Wilkinson said the
onus is with the permitting board to provide data and evidence that work outside
the buffer is affecting the resource areas. If there is a nitrogen problem within
this area, the Commission needs to document it. Arnold Henson said there is a
PAGE 5-MINUTES-HEARING-TUESDAY, JANUARY 15, 2008
long string of parking toward the north of the proposed restaurant within 100'.
Jenny Wood said there is no grandfathering under the Wetland Act, and this
Commission could ask for something to be removed to balance this site. Mr.
Wilkinson said the Commission regulates activities. This work is mostly outside
the Commission's jurisdiction. Arnold Henson asked that lot coverage and
nitrogen removal be addressed. Chris Kanaga, from the audience, said other
projects of this magnitude have been asked to monitor their areas much longer
than a few months to determine groundwater issues. He said this project has a
multi-Town aspect for groundwater, traffic, and additional lighting. Mr. Kanaga
asked if this project should be referred to the Cape Cod Commission? Arnold
Henson said this Commission could refer this project to the Cape Cod
Commission because of the impacts to the abutting Town of Eastham. Mr.
Kanaga said the Cape Cod Commission could provide evidence more readily
with their personnel on the levels of nitrogen.
MOTION: A motion to continue this Hearing to the Meeting on January 22, 2008
was made by Bill Parish and seconded by Bob Royce.
VOTE: Unanimous.
DISCUSSION
Marvann Meils, 30 Deer Run. Representative, Seth Wilkinson. Several trees
were removed in the buffer and Ms. Meils was asked to file a Planting Plan for
the buffer with a Notice of Intent. This work could also go forward under an
Enforcement Order. Mr. Wilkinson said some cherry trees were cut down without
approval. Success for a small amount of replanting would be low due to the
heavy invasion of bittersweet. The new plants would be overrun. Mr. Wilkinson
said the better alternative would be to address the whole property between the
private landing and the neighbor to the west. The invasive plants will be
removed and then the entire area will be replanted. A Site Plan of this area
already exists. Mr. Wilkinson asked whether the expense of a Notice of Intent is
necessary to restore this site? A Land Management Plan could be submitted
with the existing Site Plan. A Bond of$2,000 will be offered to guarantee the
success of the replanting. Mr. Wilkinson said this work could go forward under
an Enforcement Order, than the Applicant would spend money on plants and not
paperwork. George Christie asked how long this work would take? Mr.
Wilkinson said it is a 3-Year Plan. George Christie asked about a fine? Ms.
Wood said they will be receiving more money in the cost of the plants than a fine.
The Commission agreed that this work under an Enforcement Order was a good
approach. At the end of the Meeting they also said they would consider this
Application filed under an Administrative Review with a Bond.
CERTIFICATES OF COMPLIANCE
Doris Sherbak (1987), 38 Dalev's Terrace. This Certificate of Compliance
request is for an Order for a single-family dwelling and septic. The house is built
in the same general area as shown. It is slightly larger. The deck toward the
wetland is smaller and there is an entranceway deck on the front, away from the
PAGE 6-MINUTES-HEARING-TUESDAY, JANUARY 15, 2008
wetland. There are no gutters or French drains. An As-Built Plan was not
submitted, except in reference to the proposed kiln. The septic is in compliance
with the Board of Health.
MOTION: A motion to release this Certificate of Compliance was made by
George Christie and seconded by Bill Parish.
VOTE: Unanimous.
Thomas and Patricia Westcott (1996), 13 Sheep's Pasture Point. This
Certificate of Compliance request is for a garage addition and a septic upgrade.
The connection to the dwelling from the garage is wider than shown on the
approved Plan. There is recent pruning of shrubs on the coastal bank. The last
filing we had for vegetation work on the bank was in 2004. The septic is in
compliance with the Board of Health. Katelyn Merrill, from East Cape
Engineering, said the changes were minor.
MOTION: A motion to release this Certificate of Compliance was made by
George Christie and seconded by Bill Parish.
VOTE: Unanimous.
ADMINISTRATIVE REVIEWS
Town of Orleans, Skaket Beach Culvert. The Order of Conditions to replace
the culvert under Skaket Beach Road was filed on 2/7/2003. It was extended for
2 years to 2008 and Amended 6126/06. They have not completed the work as
there has been a delay in the shipment of the tide-gate valve. They anticipate
that this work will be completed in late February. They also anticipate some
seeding and site restoration items that will need to be completed in the spring
when the weather is warmer. They expect to have the work completed by May
31, 2008. The Highway Department would like to replace the concrete bollard on
the sides of the road with a timber guardrail.
MOTION: A motion to approve this Administrative Review was made by Bill
Parish and seconded by Judith Bruce.
VOTE: Unanimous.
David Shedlarz, 10 Sheep's Pasture Point. All of this work is on the second
story within the existing roof area. The request is to widen an existing dormer by
5' and put a new gable roof over it; put a new deck in front of the dormer and
connect it to the existing deck on one side, and build a new deck on the other
side over a 5' by 10' roof area. This work is greater than 50' from the resource
area and on the other side of a paved driveway. Jenny Wood said when she
visited this site, she saw some unapproved concrete posts, and a walkway of
stone leading down to the beach. A letter will be sent to this Applicant about
these structures.
PAGE 7-MIN UTES-HEARI NG-TUESDAY, JANUARY 1 , 200
MOTION: A motion to approve this Administrative Review with a letter to be sent
about the other structures built without filing, was made by Bill Parish and
seconded by Bob Royce.
VOTE: Unanimous.
CHAIRMAN'S BUSINESS
Approval of the Minutes from the Work Meeting on January 8, 2008.
MOTION: A motion to approve the Minutes from the Work Meeting on January
8, 2008 was made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
ADMINISTRATIVE REVIEW (CONTINUED)
Robert and Anqela McCov, 4 u, plea Road. Representative, Seth
Wilkinson. This is a request for vegetation restoration of the 50'-buffer, including
the removal of honeysuckle, multiflora rose, autumn olive, and bittersweet. All
native plants will be protected and any voids will be replanted with maritime
shrub species on 6' centers in the fall of 2008. A $2,000 escrow account is
offered to ensure replanting. A native grass mix will be sown under erosion
control blankets secured over any disturbed soils. Mr. Wilkinson said he will be
using the cut-and-wipe treatment to the bittersweet stems, while avoiding the
existing native plants. He said the planting will be done within 1 year of the
approval for the Administrative Review, with the $2,000 and submitted to
guarantee survival. Judith Bruce asked if additional screening would be needed if
the cedar trees do not survive the removal of the bittersweet. Mr. Wilkinson said
the cedar trees are in good shape. George Christie asked about the equipment
that will be used? Mr. Wilkinson said he will be using low ground-pressure
machines. One is a mini-excavator and the other machine is a small-track
bobcat. Both of these machines are more sophisticated than a gravely, and use
of them will reduce the amount of herbicide required.
MOTION: A motion to approve this Administrative Review was made by Bill
Parish and seconded by Adrienne Pfluger.
VOTE: Unanimous.
The Meeting was adjourned at 10.-00 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
Approv ed Dated