HomeMy WebLinkAboutDavitoria BCC June 16 letter15 Cape Lane
Brewster, MA 02631
Phone (774) 323-3027
Cell (508) 221-0358
jpolloni@senie-law.com
WWW.SENIE-LAW.COM
June 16, 2022
Tom Lee, Chair
Barnstable Conservation Commission
200 Main Street
Barnstable, MA 02601
Re: Amended Order - 55 & 61 Beechwood Road - SE3-5739
Dear Mr. Lee:
This letter is to provide context for the proposed mitigation in response to comments on
the amendments to the order of conditions originally approved for this project.
The topography of the site makes it a challenging project to execute. The multiple retaining
walls are evidence of this difficulty. Several retaining walls were originally approved for this
project, holding back Beechwood Road and protecting the septic system, allowing for changes in
grade, and supporting the driveway. There has been an increase in hardscape primarily from these
changes in location and size of retaining walls. Essentially, the entire lot needs some measure of
retaining in order to prevent erosion. The retaining wall on the Northeast side of the lot has actually
significantly reduced erosion and storm water runoff by diverting water into the construction area.
After construction is completed, this flow will be directed to a drywell in the lawn area. This has
been aided as well by the Town’s efforts to reconstruct the stormwater drain at the intersection of
Beechwood Road and Huckins Neck Road.
Mr. Davitoria has also proposed to change the entry of the driveway. Again, because of
topography a 90 degree entrance off of Beechwood Road is not desirable. The drop from
Beechwood down to the garage makes it a challenging entrance. Whereas directing the driveway
to the Northeast along the retaining wall makes it both safer from a driving standpoint, as well as
more manageable from a water runoff perspective.
2
Client: Stanley Davitoria
Matter: 55 & 61 Beechwood Road, Barnstable
Date: June 16, 2022
Page 2
Mr. Davitoria has reduced the hardscape around the lawn area, and pledged to plant
extensively around the property as shown on the proposed mitigation site plan. We believe this
should be satisfactory.
Regarding the discussion on the application of Barnstable regulations 704-3, regarding
mitigation plantings, I believe it is appropriate to provide hardscape mitigation within the 50-100
ft. buffer zone to the extent it can be provided. The overall intent of 704-3(D) is to compensate for
the disturbance to the 50’ buffer. There is simply no other reason to include the following language:
“In no case shall the total area of mitigation plantings required by greater than that which is
necessary to restore a 50’ undisturbed buffer in its entirety.” This in no way means the 50’ buffer
is actually restored, as the mitigation is being provided within the 50-100’ zone.
While the 70 sq ft encroachment of the retaining wall has already been approved without a
waiver of the performance standards, should the Commission choose to view this as a circumstance
requiring a waiver of performance standards, the Commission should exercise their discretion in
favor of the proposed mitigation. The work in leaving only 70 sq ft of encroachment was a feasible
and practical limitation on work within the 50’ buffer. This is an exceptional and limited
circumstance that will not extend to other projects or be precedent setting in any way.
The calculation of mitigation for a waiver is 4:1. The area of disturbance within the 50 ft.
buffer zone is 70 sq. ft, and requires 280 sq ft of mitigation. The proposed mitigation on site, as
shown on the Proposed Mitigation Site Plan dated June 14, 2022 shows 1055 sq ft of mitigation,
well above what is required.
Taking both these provisions together, the Commission is guaranteeing that the 50’ zone
is maintained in the best way possible, and ensuring the least effects to Wequaquet Lake.
For these reasons, we respectfully ask that you approve the proposed amendment of the
order of conditions for this project.
3
Client: Stanley Davitoria
Matter: 55 & 61 Beechwood Road, Barnstable
Date: June 16, 2022
Page 3
Sincerely,
Jonathan M. Polloni
JMP/
Enclosures
Cc: Client