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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