HomeMy Public PortalAboutConservation Minutes 2007-10-16 Orleans Conservation Commission
Town Hall, Nauset Room
Hearing, Tuesday, October 16, 2007 TOWN OF ORLEANS
TOWN CLERKS OFFICE
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PRESENT: Adrienne Pfluger, Bob Royce, Bill Parish, Arnold Henson, Chainq 23 AM 10: 40
Judith Bruce, Vice-Chairman; George Christie, Harry Herrick, (Members); Steve
Phillips, James Trainor, (Associate Members); and Jennifer Wood, Conservation
Administrator.
ABSENT: Jimmy Dishner, (Associate Member).
The Meeting opened at 8:30 a.m.
REQUEST FOR DETERMINATION
Massachusetts Highway Department, Thomas F. Maguire, Route 6 in the
vicinity of Cedar Pond. The proposed installation of leaching-type retention
basins upstream of the existing catch basins as drainage improvement for Cedar
Pond. Work will occur within 100' of Cedar Pond. Thomas Maguire, District
Environmental Engineer, and George Ayoub, in charge of maintenance for the
District, were present from the Massachusetts Highway Department. Mr.
Maguire said when he was presenting a previous repair project to the roadway,
the Commission expressed concerns with the drainage into Cedar Pond. (nis
proposal is a follow-up to that discussion. There are several outlets into Cedar
Pond from Route 6. This proposal is for the installation of retention areas to the
existing catch basins for each outlet into Cedar Pond. Run-off from the road
goes directly into the Pond now. When there is a rainstorm, water will go into the
new proposed basins, then the overflow will be directed into the existing basins.
Mr. Maguire said that 70% of storms produce half an inch or less. This proposal
will contain the first flush or first half-inch that contains most of the pollutants
within the new leaching basins. These retention areas have been used
successfully at many Cape locations because of the high permeability of most of
the soils. The standard catch basin is proposed to be 6' deep with holes in the
side, encompassed by a couple feet of stone, and filter fabric. The basins will
retain about 172 cubic feet of water that would account for a half-inch of
stormwater on each section of the road. Mr. Maguire said on the low point in the
roadway 2 basins are proposed. Arnold Henson asked if it was feasible to make
the leaching facilities large enough to retain 1"? Mr. Ayoub said the numbers
given to the Commission are conservative. These drainage structures will pick
up more than 1" in the first 10 minutes, and 4'/2" in less than 2 hours. Arnold
Henson asked if they were made larger, would they do more to protect the Pond?
Mr. Ayoub said they have proposed them to be larger. Mr. Maguire said he had
received an email from Judith Bruce asking why they were not building vegetated
swales as discussed at the previous Meeting? Mr. Maguire said the cost was
prohibitive. It is estimated at $25,000 to put in the retention basis and $85,000 to
build the swales. Mr. Ayoub said his Department maintains retention basins but
not vegetated swales. Judith Bruce asked if this proposal would take up the
nutrients going into the Pond? Mr. Maguire said most of the nutrients, coliform,
and hazardous materials are attached to particulate matter. They will hit the
basins and infiltrate into the ground and will never reach the Pond. Ms. Bruce
PAGE 2-MI N UTES-HEARI NG-TUESDAY OCTOBER 16 2007
said nitrogen does not adhere to particulate matter. A vegetated swale would
address the nitrogen. Ms. Bruce said this proposal is a lot less costly but won't
do what is needed in this area. Arnold Henson said this is what the State is
prepared to do now. Mr. Maguire agreed and said when a full Highway
reconstruction project is considered, the State could possibly do more. Arnold
Henson asked for a time line for the proposed work? Mr. Ayoub said they may
be able to start this fall, but more likely the work will be done next spring. George
Christie said some improvement is better than nothing. Mr. Maguire said when
they re-do Route 6, they will consider vegetated swales then. A definite time
cannot be given for re-doing Route 6 as it will depend on the economics in the
Commonwealth and when Route 6 needs rnajor repairs Amoid Henson said this
will be an improvement now.
MOTION: A motion to grant a Negative Determination for this proposal was
made by George Christie and seconded by Bill Parish.
VOTE: 6-1-0 Approved (Judith Bruce voted "Nay").
NOTICES OF INTENT
Roger StaceyiEstaie of Eleanor Giark Earicr; 62-6 Souih Orieans Road by
Ryder & Wilcox, Inc. The proposed construction of an addition to an existing
dwelling; relocation of a portion of an existing barn/cottage onto a new
foundation; a portion of the existing barn & entire shed to be removed; installation
of a septic system to serve both dwellings, & the pumping & removal of the
existing septic systems. Work will occur within 100' of the Edge of a Marsh,
Coastal Bank, Land Subject to Coastal Storm Flowage, & within the Pleasant
Bay ACEC. Stephanie Sequin, from Ryder & Wilcox, passed out new Site Plans
and said this Site Plan reflects what the Commissioners saw in the field. The
cottage has been turned 90 degrees and the septic system has been moved 4' to
save large trees. Arnold Henson asked where the ACEC boundary line was?
Ms. Sequin said the entire peninsula is within the ACEC. Mr_ Henson asked if
they are increasing the square footage within the ACEC? Ms. Sequin said yes,
they are proposing 137 square feet of additional coverage, but it is further away
than the existing structures to be removed. Ms. Sequin said there is a coastal
bank on the north side that wraps around to the west and southwest, where it
becomes a gentler slope. To the south on this property, the land flattens out and
there is no coastal bank, but there is the flood zone. Ms. Sequin said this
proposal is for an addition onto an existing dwelling, part of which was
constructed in 1831 and has small rooms. This proposal is for a large family-
room addition. Initially, they were going to remove the entire barn structure, but
decided to keep it as housing for summer employees. Now it is 5' from the bank
and is proposed to be relocated to 19' from the bank. The shed on the site was
also used as living quarters and will be removed. Arnold Henson asked if more
structures could be removed to mitigate for the new addition? Judith Bruce
asked if the size of the addition could be reduced? Ms. Sequin said the deck on
the main house could be eliminated and a dry-laid patio could be proposed in
place of the deck, or the patio could be entirely eliminated. The new structure is
PAGE 3-MINUTES-HEARING-TUESDAY, OCTOBER 16 2007
proposed for 47' from the bank. An increased buffer will be provided plus the
upgrade to the septic system. The 2 cesspools will be eliminated within 50' of
the bank and the location will have the same number of bedrooms. A
denitrification septic system will be installed. Arnold Henson asked for the net
decrease in the total coverage if the cottage is removed also? Ms. Sequin said
that would be a 295 square foot reduction. Judith Bruce asked if the proposed
addition is 2-stories? Ms. Sequin said there is a stairway up to the second floor
balcony. The existing building is 25'-high and the proposed addition will be
23'-high. There are no bedrooms proposed for the new addition. George
Christie said the existing dwelling has 4 bedrooms now, and with the relocated
cottage, this site will have 7 bedroors. Ms_ Sequin said the main house has 3
bedrooms and a parlor, which by the Board of Health's definition is a bedroom.
The leaching area is proposed to be 63' from the coastal bank in the
southwestern portion of this lot. The new septic system will be 100' from the
marsh on the remaining portion of this lot. The cottage is not occupied year-
round, but the main house is. Jenny Wood said the septic leaching area is
located near the flood zone and the over-dig is within the flood zone. This area
could be flooded. Ms. Wood asked if there were other places on this property to
locate the leaching system? Ms. Wood said the proposed addition is next to the
flood zone and a fuii foundation could be flooded. She asked it a crawl space
would be considered? There is no Plan for invasive species removal or a
Replanting Plan submitted with this proposal. Ms. Sequin said the deck
proposed within the flood zone is up on the second floor above the flood
elevation and the addition could be constructed on a crawl space. The Applicant
is working with Bartlett Tree Experts on a Vegetation Plan. Arnold Henson said
he is concerned with increasing living space within the ACEC. Judith Bruce said
she wants to see equal living space or less, but the denitrification septic system
is a positive.
MOTION: A motion to continue this Hearing to the Meeting on November 20,
2007 was made by George Christie and seconded by Judith Bruce.
VOTE: Unanimous.
J. Bruce Hirschberg, 47 White's Lane by Ryder & Wilcox, Inc. The proposed
reconstruction of an existing licensed pier & float. Proposed changes will include
the expansion of the dock & ramps from 2' 8"-wide to 3'-wide; the use of 8" stub
piles in the marsh with 4" x 4" posts instead of 5" pilings, & the change from a
rope to a wooden hand-rail. Work will occur on a Salt Marsh, over Land Under
the Ocean, within Land Subject to Coastal Storm Flowage & the Pleasant Bay
ACEC. David Lyttle, from Ryder & Wilcox, and Bruce Hirschberg, the Applicant,
were present. Arnold Henson asked if the proposed dock will be exactly the
same length into the River or will it go out farther? Mr. Lyttle said the proposed
dock is exactly the same length as the approved dock shown on the Interim
License. The proposed dock is in compliance with the approved Plan. Mr. Lyttle
said Todd Rattle, the previous Owner, used locust posts for the interim approval
Plan. The new Owner wants to use conventional lumber. They are proposing a
PAGE 4-MINUTES-HEARING-TUESDAY, OCTOBER 16, 2007
railing on one side of the pier to replace the rope railing. 4" x 4" posts will go up
36" for the railing. Mr. Lyttle said they are proposing a 1 time installation of stub
piles within the salt marsh for seasonal installation. Arnold Henson asked if the
width is increasing? Mr. Lyttle said the pier will be 3'-wide. There will be no
pressure-treated wood. Mr. Lyttle said he has not shown the float stops for the
float so that it will not touch bottom in this area. George Christie said on the
Interim Approval Plan, on Page 1, the dock is shown beginning at the edge of the
wetland but on Mr. Lyttle's Plan the dock begins at the edge of mean high water.
Mr. Christie asked if this dock was planned for a different location? Mr. Lyttle
said this dock is located in the same place as the existing locust piles. The
marsh extends right up to the bottorn of the bank. Arnold Henson said the end of
this dock must not extend further into the River. Judith Bruce said the wooden
hand-rail is safer than the previous rope railing. Jenny Wood asked if the height
is the same? Mr. Lyttle said yes, the elevation of the existing deck will remain at
6.7'. Ms. Wood asked if the dock is different than the Interim Approval, what
happens next? Mr. Lyttle said an Interim License has 1 year to respond. They
will file this Plan and the new dock will be the standard on the new License.
MOTION- A motion to approve this project, subject to the installation of float
stops for the float, was made-by Biii Parish and seconded by Judith Bruce.
VOTE: Unanimous.
Christopher Post/Estate of Joan Post, 67 Uncle Israel's Road by Grover
Septic & Design. The proposed replacement of a failed septic system to an
existing dwelling. Work will occur within 100' from the Edge of a Freshwater
Wetland. Dan Croteau, Doug, and Andy Grover, Representatives for the
Applicant, were present. Mr. Croteau said the new septic system will have a
1,500 gallon tank to replace the 1,000 gallon tank. The capacity will remain at 3
bedrooms. They have placed the system as far from the wetland as possible and
the leaching field will be at the highest elevation. George Christie asked about
the infiltrator system? Mr. Croteau said this system goes together easily and
does not require filter fabric. Jenny Wood said when the revegetation takes
place, the English ivy in the front yard near the new septic system should be
removed and not replanted. Judith Bruce said this is a septic upgrade and it is
the best they can do.
MOTION- A motion to approve this project subject to the approval by the Board
of Health and the removal of the English ivy, not to be replanted, was made by
George Christie and seconded by Judith Bruce.
VOTE: Unanimous.
REVISION TO A SITE PLAN
Patricia Crow, 10 Richardson Lane. An Order of Conditions for a single-family
dwelling is revised to include a 20'-long, 3'-high, dry-laid stone wall. The wall will
retain the earth that is eroding in this area which is used as a pathway to the
GE 5-MINUTES-HEARING-TUESDAY, OCTOBER 16, 200-17
back door and is covered with pea stone or mulch. The safety of the pathway will
also be improved as the slope is currently not easy to navigate. A variance
request was included as this wall is within the 50' buffer to a freshwater wetland.
Jenny Wood said this is a proposal for a minor project as there is erosion from
the parking area into the 50' buffer. Judith Bruce said this site has been
improved by the invasive species removal and a small wall will provide wildlife
habitat. Arnold Henson said this wall is a structure within 50' and the Abutters
should be notified. Then the Commission will consider this revision to the
approved Site Plan.
CERTiFiCATES OF COMPLiANCE
Joan G. Kirnetz, Trustee/Reef Realty (1998), 9 Sheep's Pasture Point. This
request for a Certificate of Compliance for a single-family dwelling was heard
June 12, 2007 and held for an As-Built Plan showing the decks and porches.
This As-Built Plan has been submitted.
MOTION: A motion to grant this Certificate of Compliance was made by George
Christie and seconded by Bill Parish.
VOTE: unanimous
eyspan Energy Delivery (2003), lueber Island Road. This request for a
Certificate of Compliance for a gas main installation and connection from the
existing gas main on Marshwind Lane to a connection to 22 Blueberry Island
Road was heard July 3, 2007 and held for an interpretation of the Contractor
sheets. A Site Plan with the gas main drawn in has been submitted. The line is 2'
further north into the road bed than shown on the approved Site Plan.
MOTION: A motion to grant this Certificate of Compliance was made by George
Christie and seconded by Bill Parish.
VOTE Unanimous.
eyspan Energy Delivery (2003), Tom's Hollow Road. This request for a
Certificate of Compliance for a gas main installation and connection from the
existing gas main on Quanset Road to a connection to 50 Tom's Hollow Road
was heard July 3, 2007 and held for an interpretation of the Contractor sheets. A
Site Plan with the gas main drawn in has been submitted. The gas line remains
on or within several feet of the approved Site Plan until it cuts the corner and is
placed on the opposite side of the street within 5' of the vegetated wetland. This
project is substantially different than what was approved as the gas line was
moved to the opposite side of the street, next to the vegetated wetland. Bill
Parish said he did not necessarily want to see the line pulled up, but requested
the Contractor come in and explain why they changed the location of this gas
line. This Administrative Review will be placed on hold.
PAGE 6-MINUTES-HEARING-TUESDAY, OCTOBER 16, 2007
ADMINISTRATIVE REVIEWS
Old Cape Cod Corporation, 152 Route 6A. Representative, Ryder and Wilcox.
This request is for the proposed removal of an existing commercial building, the
construction of an office building, installation of a septic system, parking,
drainage and landscaping. The limit of work is 93' to the wetland. The building
will be 110' to the wetland. The existing building was 140' to the wetland. This
building will have a walkout basement toward the wetland. Stephanie Sequin,
from Ryder & Wilcox, said none of the proposed structures are within the 100'
buffer. The only work within the buffer zone is for excavation and to remove the
stairway down the bank. Only 40 square feet within the 100' buffer is included
within the limit of work. Arnold Henson asked if they are proposing to dig out the
bank for a ground floor access? Ms. Sequin said they are working the foundation
into the existing topography. Arnold Henson said an Administrative Review filing
is not designed for tearing down buildings. Ms. Sequin said they have shown the
silt fence erected behind the building. The area off the property is flat to the
wetland and the work will be easily contained on the Applicant's property. Ms.
Sequin said the work area is the only item within the Commission's jurisdiction.
Bill Parish asked if they could move the work limit to alongside the buffer zone?
Ms. Sequin said then it would be too tight to the foundation. George Christie
asked if the project needed conditions% Arnold Henson asked it the topography
within 100' of the resource area would remain unchanged? Ms. Sequin said yes.
Steve Phillips asked what kind of access existed to the rear of the building? Ms.
Sequin said there is no driveway, just vegetated ground. This Administrative
Review was amended to reflect that the topography within the 100' buffer will
remain unchanged.
MOTION- A motion to approve this Administrative Review, as amended, was
made by Bill Parish and seconded by Judith Bruce.
VOTE Unanimous.
C. Duke and Lisa Brannock, 21 Cheney oa . This Administrative Review
was heard last week and held for a revision to the Administrative Review stating
that the number of bedrooms in the garage will not be increased. The request is
for a proposed connection of a septic pipe from the garage to a new septic tank
and 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. Stephanie Sequin, from Ryder &
Wilcox, said the new Owner is reluctant to have the septic system restricted to
just 1 bedroom. Ms. Sequin suggested adding a statement to the Site Plan that
the approval of this system shall not be construed as implying approval for future
alterations to the garage. Judith Bruce said the Commission did not want to
approve 2 bedrooms for the garage at this location due to the sensitivity of the
area. Arnold Henson said the Administrative Review should reflect that the
Commission does not want another bedroom in the garage. Ms. Sequin said the
main house could have 2 bedrooms combined into 1, then the garage could have
PAGE 7-MINUTES-HEARING-TUESDAY, OCTOBER 16, 2007
another bedroom added. There would be no net increase on the property. This
Administrative Review was amended to reflect the intent of the Commission that
there be no more than 1 bedroom in the garage and if any renovations to this
garage are considered, the Applicant must come before the Commission for
approval.
MOTION.- A motion to approve this Administrative Review, as amended, was
made by Bill Parish and seconded by Judith Bruce.
VOTE: Unanimous.
Christopher Norton, 539 South Orleans Road. This is a request to remove
one locust tree leaning toward the house. This tree is 30' from the edge of a
freshwater wetland.
MOTION: A motion to approve this Administrative Review was made by Bill
Parish and seconded by Adrienne Pfluger.
VOTE: Unanimous.
National City Bank of Kentucky Trust, 13 KiingsbuEy Lane. This is a request
to pump out existing cesspools and fill them with clean sand. One cesspool is
within 80' to the top of a coastal bank--the other is outside the 100'-buffer. The
installation of a new Title 5 septic system will be outside the 100'-buffer except
for the pipe from the house to the septic tank.
MOTION: A motion to approve this Administrative Review was made by George
Christie and seconded by Judith Bruce.
VOTE: Unanimous.
Bonnie McNally, 24 Blueberry Island Road. This is a request to screen-in and
add a shed roof to a 12' x 14' deck. The deck is within 63' to a cranberry bog.
Additional sonotubes will be needed to be up to Code. The small second-floor
deck over this proposed screened-in porch will be removed. The Applicant is
applying for the Certificate of Compliance for the construction of this dwelling and
septic from 1983. The Commission decided to hold this Administrative Review
until the Certificate of Compliance from 1983 has been approved.
CHAIRMAN'S BUSINESS
Approval of the Minutes from the Work Meeting on October 9, 2007.
MOTION: A motion to approve the Minutes from the Work Meeting on October 9,
2007 was made by Bill Parish and seconded by Bob Royce.
VOTE: Unanimous.
PAGE 8-MINUTES-HEARING-TUESDAY, OCTOBER 16, 2007
The Meeting was adjourned at 10:15 a.m.
Respectfully submitted,
Leslie Derrick, Conservation Commission Secretary
� �Approved ���� '`� Dated J