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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