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EDGE RIVER BANK
KED BY R.J. CADILLAC
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1
PARCEL 2
2700± S. F.
70,
P�
N /F
LU CCI
EDGE WETLAND & TOP COASTAL
BANK MARKED BY BRADFORD HALL
EX STING LEACHING
N /F
MACKEY
'ocE' N/F
MAZZAMARO
i o-
6 Chiron Road
Narrative
The proposed proicct is to replace an existing 4 bedroom single story 2 family rental duplex with a 3
bedroom 2 story single famil} o xner occupied home.
'rhe property is the last house on the right (north side) on Chilton Road. It fronts on the back Nvaters of
Mill Creek in West Yarmouth. Per the assessors card the lot was first built upon in 1940. Judy Cahill's
--randfather. Michael Mastrangelo purchased 6 Chilton in 1945. The Assessing records indicate that a
structure was on the property in 1940.
The locus property sits upon an armed and densely vegetated coastal bank. Both existing an proposed
structures are in an AE I 1 flood zone. with adjacent grades ranging from approximately 8.5 to 9.8 feet
on the flood map system. Mill Creek is considered Riverfront. Most of Parcel 1 is within the first
hundred feet of the river bank (7.502 SF).
The existing duplex is a seasonal rental property. It exists in a current configuration that is not
compatible with a single family house. It does not comply with current zoning dimensional
requirements or the current building codes. The proposed 2 story. 3 bedroom house will be a single
family owner occupied home. Judy (Shadra«y) Cahill and her husband Ralf(both retired) will live
there. The proposed new structure will have approximately the same lot coverage as the existing
structure The existing structure is 19' from the coastal bank. 26' from wetlands and 36' from the river
bank. The proposed structure is 19' from coastal bank at two points, 27' and 28' from wetlands. and 40'
and 45' from river bank at the same two points.
You have two plans. The 8 112" x 1 I'" plan is ail existing conditions plan showing the existing 4
bedroom duplex. On the existing conditions plan we have added a 5' vegetative buffer landward of'the
coastal bank. This gives us a proposed vegetative buffer from I V to 16' in depth from the edge of
wetlands.
The site plan is 17"x 22- This was approved by the Board of Health at public hearing. If you look at
the site plan you will note the existing structure is shaded. The proposed structure (shown with heavy
solid line) is no closer to resource areas than the existing structure.. The existing gross floor area is
1228 s.f. With the 2'"i floor taken into account usable floor area will double.
While the proposed structure is the same distance from the coastal bank as the existing structure. we
have reduced the sewage loading by one bedroom. moved the leaching 13' further from the wetlands,
and raised leaching 'h' to make it 5 %' above groundwater.
The proposed structure meets current zoning setbacks. current building codes and -will be compliant
with FEMA regulations and the new flood maps. This project will be an upgrade to the neighborhood
in moving from a two family rental to a one family ovnier occupied property, in moving from an old
% porn down structure to a new code compliant structure. by increasing the side yard setback abutting a
neighbors house by 12'. in decreasing the number of bedrooms. and in moving the leaching further
horizontally and vertically front (lie wetlands.
CONSERVATION COMMISSION MEETING MINUTES
November 3rd, 2016
Members Present:
Member(s) Absent
Staff:
Start Time:
Rick Bishop, Tom Durkin, Phil Johnston, Ellie Lawrence, Cris
Luttazi and Brendan Quirk
Audrey Russano
Kelly Grant - Conservation Administrator
7:00 p.m.
Notice of lntent:
SE83-2086, John Muscatel, 44 Grandview Drive, South Yarmouth, proposed pier exlension and
relocation of float system on Bass River. Mr. Bob Perry of Cape Cod Engineering represented the
applicant and presented the proposed work. Commissioner Lawrence expressed concerned with the
depth of water and with the float size proposed. She would like to see like to see the outside float on
stops and see the inside float removed from the plan. Commissioner Durkin expressed the same
concerns, particularly with the need to meet the required water depth. Commissioner Luttazj concurred
with these concerns and commented that even with float stops there will be an impact to the resource
area. Commissioner Johnston commented that the project also does not meet the requirement for 75ft
from adjacent floats. Mr. Perry replied that the proposal is maintaining distances as per the existing
conditions. Commissioner Bishop noted that there is no Order of Conditions on record for the existing
structure, and there are at least 3 areas of non-compliance with the regulations. Commissioner Bishop
suggested that removing the groin may reduce the issue of sedimentation. Mr. Perry replied that this
would be an arduous task. The Conservation Administrator (CA) read into the record comments from the
Division of Marine Fisheries, Yarmouth Waterways Committee and from the Yarmouth Harbormaster.
Given these comments and the lack of compliance with the regulations the CA recommended denying the
project as proposed. The property owner Mr. Muscatel commented that currently the floats sit on the
bottom and that would like to move the dock out to the same distance as the neighboring dock to improve
the water depth. The dock was damaged during a hurricane in 1991 at which point it was rebuilt in the
current configuration. The wall has deteriorated over time and is repaired every two years. They are
trying to avoid having boats sitting on the bottom. The cA commented that there appears to be an
unpermitted beach nourishment area on the property that may be contributing as a sediment source to
the area.
commissioner Durkin made a motion to approve the Notice of lntent. seconded by commissioner
Luttazi. Votes:
Affirmative: 0
Negative: 6
The motion does not carry and approval of the project is denied.
Documents of record:
Hydrographic Plan showing Proposed Modificatiotl/Extension to an Existing pier, Ramp and Float
Facility in Bass River at 44 Grandview Drive, south yarmouth, MA, cape cod Engineering
August 12, 2016.
Letter trom Division of Marine Fisheries Dated November 2, 2016
1
e
Meetinq Minutes:
Commissioner Durkin suggested that all the Commission members should review the minutes for
accuracy, rather than relying on the interpretation of the CA. The CA will send the minutes to all
Commissioners for comment.
Commissioner Durkin made a motion to approve the minutes of the 1012012016 meeting. Seconded by
Commissioner Lawrence. Motion carries unanimously.
Discussion:
6 Chilton Road - Mr. Ron Cadillac and Mr. Bud Shadrawy described the proposed plan and asked for
the Commissions feedback. The property will become a single family home with 3 bedrooms rather than
a 4 bedroom duplex. Commissioner Quirk asked if the structure will be completely demolished. Mr.
Cadillac confirmed that it will be demolished. Commissioner Lawrence expressed concern about how
close the proposed structure is to coastal bank. Commissioner Durkin asked for clarification of the square
footage ofthe structure. Commission Luttazi commented that 3 points were now close to coastal bank
but appreciates the site constraints. Comm issioner Johnston commented thatthe proposal doesnot
conform to the by-law regulations. He stated that the Commission may allow a structure to be built within
the same footprint but cannot allow further encroachment into the setback. The property owner
responded that there is no alternative due to septic system layout issues. commissioner Bishop
suggested the applicant should either use existing footprint or revise the plan to bring lhe new structure
2
Memo from the Town of Yarmouth WateNays/Shellfish Advisory Committee dated November 2,
2016.
Email from the Town of Yarmouth Harbormaster to the Conservation Administrator Kelly Grant,
dated November ld , 2016.
Request for Amended Order of Conditions:
SE83-2065, Steve and Gail Trulli, 184 Blue Rock Road, Yarmouth, proposed changes to stairway
design, expansion of saltmarsh restoration, and coastal bank plantings. Mr. Nick Crawford of CraMord
Land Management and Ms. Jen Crarvford of Jenick Design Studio represented the applicant and
presented the proposed project changes and updated the new Commission members on the project
status to date. The pro.,ect is proceeding well and salt mash grasses are growing well. Cool weather
species are sprouting nowwith recent rain. Diamond pier footings will be used to secure the steps with
little disturbance to the coastal bank. An additional 200 square feet of saltmarsh and 10 new bayberry
plants will provide mitigation for the currently non-compliant deck on the coastal bank. Commissioner
Quirk asked if diamond pier footings can be used close to the water. Mr. CraMord confirmed that they
can. Commissioner Lawrence commented that it was good to see the salt marsh growing in. She would
like to see the English ivy removed from the bank and replaced with native species. The CA responded
that during previous discussions with the property owner, removal of the ivy was excluded from the
conditions of the project due to the financial burden, on the expectation that the property owner would
address the ivy removal at a later date. Commissioner Durkin expressed appreciation for the quality of
the project. Commissioner Luttazi expressed appreciation for the salt marsh restoration work.
Commissioner Lawrence made a motion to issue an Amended Order of Conditions. Seconded by
Commissioner Durkin. The motion carries unanimously.
Documents of record:
Revised Landscaping Plan, 184 Blue Rock Road, Yarmouth, MA Revised 10/18/16 Jenick Studio
outside the 35' setback. The applicant replied that would create a terrible layout for a home. The
Commission discussed the option of reducing the scope of the expanded footprint back to the 35ft
setback while leaving the existing section of the footprint that extends to 19'. There was general support
for this suggestlon.
Oraft revisions to dock regulations - Commissioners Bishop and Lawrence suggested they review the
first draft of the revised dock regulations with the CA and bring recommended changes to the
Commission for approval.
Staff Updates
Rail trail project, request for letter from DOT - The CA reported to the Commission on a request from
MASSDOT excusing them from the requirement to submit a Turtle Protection Plan based on a
determination made by the Natural Heritage and Endangered Species Program. The Commission asked
the CA to provide the letter as requested.
Conservation Land Policy - The CA provided the Commission with a draft conservation land policy that
will be made available to the public. The Commission will review and provide comments to the CA and
will be voted on at the next meeting.
Commissioner Durkin made a motion to adjourn the meeting at 8.23pm. Seconded by Commissioner
Lawrence. Motion carries unanimously.
3
The CA highlighted some of the Open Meeting Law requirements for the new commission members.
Commissioner Durkin asked the CA to provide an electronic copy of the guide to all the commission
members.