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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 ni 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