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Site Plan Review Committee Minutes 11/21/2007
SITE PLAN REVIEW COMMITTEE
NOVEMBER 21, 2007 - Minutes

A meeting of the Site Plan Review Committee was called to order at 10:00 a.m. in Skaket Meeting Room at the Orleans Town Hall.  Departments Present: George Meservey (Planning); Ericka Wood (Health); Bill Quinn / Robert Felt (Fire); Brian Harrison  (Building); Jennifer Wood (Conservation).   
Absent:  Mark Budnick (Highway); Todd Bunzick (Water).


INFORMAL REVIEW:    Daniels Construction & Demolition (C&D) Recycling Facility, Giddiah Hill Road

The Site Plan Review Committee discussed a letter received from the Cape Cod Commission requesting comments on the proposed Daniels Recycling Facility in the Industrial District on Giddiah Hill Road.   Larry Hineline (Green Seal Environmental) explained the recycling expansion to 250 tons per day of recyclable construction & demolition (C & D) materials as well as an expansion in the footprint of the existing building from 9,800 square feet to 19,400 square feet to allow all dumping to be done inside the building.  Hineline stated that the Daniels Facility is the only operating C&D on Cape Cod and serves six towns as well as private contractors.  Hineline stated that the demand of a C&D facility is so great that there are days that the present Daniels Recycling Facility cannot handle the needs of the market.  Hineline stated that the doors in the rear of the building will be closed to control exposure to the neighbors, leaving the doors on the side of the building for daily use.  Hineline stated that the Daniels Recycling Facility has a clean record of operation and the proposed building expansion will improve the environmental footprint.  Hineline noted that there are traffic issues, particularly at the tight intersection of Giddiah Hill Road and Finlay Road.  Hineline stated that there will be an increase in traffic of 3-4 trucks noting that larger trucks will be used.  Hineline stated that Paul Daniels has agreed to negotiate with the town to reconstruct the intersection of Giddiah Hill Road and Finlay Road to alleviate ongoing traffic issues.  

Hineline stated that an additional wing will be added onto the existing Daniels Recycling Facility and paving will be provided for truck traffic.  Hineline indicated that a leaching system will be designed to handle roof runoff.  Hineline stated that this project will have to go through the application processes for various State and Local agencies such as the Massachusetts Environmental Protection Agency, the Executive Office of Environmental Affairs, the Cape Cod Commission, Orleans Site Plan Review, and the Orleans Board of Health.  Heinlein state that the Daniels Recycling Facility currently possesses a Massachusetts Environmental Protection Agency certificate.  Hineline stated that there will be an Environmental Notification Filing for this project.  Hineline noted that the Daniels Family has considered relocating some of the doors on the building, based on neighbor complaints.    
 
Comments:       

Fire:   The Fire Department does not support the idea of permanently eliminating the rear doors since they would be vital for smoke removal in case of a fire in the building.  Sprinkler systems put out fires, but additional effort needs to be used to eliminate smoke.  Due to the vast increase proposed for the recycling facility, a Fire Protection Engineer will have to review and endorse plans with regard to whether there is adequate water supply for the proposed expansion.  

Building:       No complaints have been filed with the Building Department on the existing construction and demolition facility.  More information is needed on the building layout in order to be able to comment.  There are significant traffic concerns in the area and a special permit may be required after more information is provided to the town by the applicant.      

Health: The Board of Health granted a Site Assignment to Paul S. Daniels, Inc. for the construction and operation of a solid Waste Handling Facility in April 2000for a maximum  design capacity of less than 50 tons per day of C&D and 40 tons per day of wood waste.  The applicant has proposed in increase in the size of the facility from 9,800 square feet to 19,400 and an increase in capacity to 250 tons per day with no differentiation between wood waste and C&D materials.  The additional tonnage and increase in the square foot of the building is considered a Minor Site Assignment modification as noted in 310 CMR: 16.00 (as shown in the Department of Environmental Protection - Massachusetts Environmental Policy Act) which is not to be confused with the Cape Cod Commission’s terminology of “minor modification”.  This Site Assignment modification process must take place after the Board of Health provide public notice and holds a public hearing in accordance with the requirements of 310 CMR 16.00.  Various items must be reviewed for the Site Assignment such as:  Traffic access to the site (including traffic congestion, pedestrian and vehicular safety, road configurations, alternate routes and vehicles emissions), Impact on wildlife and wildlife habitat, Areas of Critical Environmental Concern (ACEC), Protection of Open Space, Potential Air Quality Impacts, potential for creation of nuisances (including noise, litter, vermin, odors, bird hazards to air traffic and other nuisance problems), size of the facility, existing facilities, consideration of other sources of contamination or pollution, threats to public health safety or the environment and regional participation.  

Conservation:   There are no conservation issues, but a clarification was requested on the types of Commercial & Demolition (C&D) intended to be treated at this facility.   

Planning:       Site Plan Committee reviews are limited to the proposed property and does not have the allowance to look at adjacent unrelated property issues.         



Public Comments:

Using multiple photographs, Peter (and Linda) Coneen explained constant on-going large-size heavy truck traffic safety issues resulting from congestion and the difficult turning radius at the intersection of Giddiah Hill Road and Finlay Road.  Coneen stated that as a mixed use area, there are 75-80 businesses as well as approximately 25 residential vehicles which use the intersection as their only means of entering and exiting the Industrial District.  Coneen stated that there are many instances where stationery personal and commercial vehicles cause excess congestion problems on the road for other vehicles which are moving through the area.  Coneen complained that the existing glass shop is a pre-existing, non-conforming building (which Coneen alleged has been enlarged several times without proper building permits and does not meet building setback requirements) is owned by Paul Daniels has ongoing illegal parking issues which exacerbate the traffic problems at this intersection.  Coneen reported that in October 2006, Daniels further expanded his frontage on Finlay Road by 60’ with the removal of fences.  Coneen showed the committee  photographs of truck deliveries, garbage pickup and truck repairs being done infringing onto the heavily traveled Giddiah Hill Road.  Coneen also showed photographs of drainage problems causing large deep puddles on Giddiah Hill Road.  Coneen stated that materials processed through the Daniels C&D Recycling Facility are sold as retail out of the old glass shop.  Linda Coneen stated that Cape & Islands Glass is renting the building from Paul Daniels and therefore it is a part of the traffic problems in this area.  

ACTION:  There was a consensus of the Site Plan Review Committee that this application should be forwarded to the Traffic Study Committee (possibly with a request for the help of a Traffic Engineer from the Cape Cod Commission) for their review and comments.  Brian Harrison agreed to research (with Town Counsel) the allegation of illegal building expansions to the glass shop alluded to by the Coneens.  The Site Plan Review Committee will forward a set of comments and suggested conditions to the Cape Cod Commission as requested.  There was a consensus of the Site Plan Review Committee that this application will have to come back for a Formal Site Plan Review.

APPROVAL OF MINUTES:  November 7, 2007

MOTION:  On a motion by Bill Quinn, seconded by Brian Harrison, the Committee voted to approve the minutes of November 7, 2007.  

VOTE:   4-0-1      The motion passed by a majority.  (Erika Woods abstained)  



The meeting adjourned at 10:52 a.m.


Respectfully submitted:





Karen C. Sharpless
Recording Secretary