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HomeMy WebLinkAboutConservation Minutes 2/8/1988lf1l \V1LJ MONDAY, FEBRUARY 8, 1988, 9� PAGE ONE Members Present: Chairman Sweet, Comms. Da r dy,e Mandell,- O'Neill, Ouellette, Smith y WA, N The meeting was called to order at 7:30. 9 s'- a., REQUEST FOR "CONSULTING MEMBER" 'STATUS FOR JOHN 'RHOADS Mi. John Rhoads, an engineer, has soffered ; his services as volunteer consultant to the commission, but wishes to clarify his status so that it falls within the town guidelines for such membership, Members of the commission discussed issues such as potential conflict: of interest, oath of office, the legality of associate membership on the Commission, etc. MOTION: To accept his offer as volunteer consultant and to so inform the Board of Selectmen. (0'NEILL - MANDELL; motion withdrawn), MOTION: That Mr. Rhoads be designated an approved consultant to the Conservation Commission. (GRADY - O'NEILL; all in favor) VOTED Dick will write to Mr. Rhoads, with 'a copy of the letter to be sent to the Board of Selectmen. KEITH DEVELOPMENT CORPORATION - SE211 -209 Dick proposed an Amended Order of 'Conditions for the project, having received 'a new plan which eliminates filling of the wetlands. MOTION: To accept the orders as written and amended by the Agent. (O'NEILL 7 MANDELL; all in favor) VOTED WETLAND PROTECTION ACT HEARING CONTINUATION - SE211 -220 Neponset Associates - -Witch Pond II MOTION: To continue the hearing to 'March 28 at 7:35, per the applicant's request; but to grant no 'further continuation without written explanation of the reasons.' (O'NEILL - 'GRADY; all in favor) VOTED WETLAND PROTECTION ACT HEARING - SE211 -.232 Clinical Science Laboratory 51 Francis Ave; filling of 2400 square feet_ of wetlands proposed` Mssrs. Neudorfer, Amoruso, and Elfbaum were 'present to describe and answer questions about the proposed project. Mr. Neudorfer stated that, given the ' isolated, flat nature of the area to be filled, he felt it would be futile to attempt replication by transplanting vegetation. Dick felt that the area is not bordering vegetated wetland,', but isolated land. The commission will walk the site at 9:00 on March 5. MOTION: To continue the hearing to March 14 at 7 :35. (01NEILL - OUELLETTE; all in favor), VOTED AMENDED ORDER OF CONDITIONS - FILE SE211 -171 Mr. Blackman's plans have changed since his original Orders were issued. Only one lot has been permitted instead of two; grading and the septic system have been removed from the wetlands. The Board of Health is in the process of approving the new plan, according to Mr. Blpckman. MOTION: To approve the amended order as written by the Agent, adding a f request for an approved Board of Health plan. (MANDELL - OUELLETTE; all in favor) VOTED P1HpJl 1GLL l.V1VJ6tlV H11VlY a.VV1lSi1JJ1VlV Ml(VU1GJ MONDAY, FEBAUA Y 8, 19„88 , PAGE TWO WETLAND PROTECTION ACT HEARING = SE211 -231 Whiteville;Pond. restoration, Franklin St. area, Endriunas Brothers r Mr. Al Endriunas, speaking on behalf of the members of the Whiteville Pond Association (many of whom were present in the audience) explained a plan to excavate the pond to a depth of about 20 feet, within a three -year time frame. 'Mr. Bob Nelson added that all abutters were in favor of the project.' The Army Corp of Engineers and Department of Fisheries and Wildlife will have to be involved. Groundwater will be pumped during the project; excavated material' will be stored on -site if wet, then sold, with the 'proceeds being used to 'fund the project. Dick`Lewi's noted that while the plans show one temporary sedimentation pool, the Notice of Intent indicates more than one. He also suggested that the use of hay 'bales as long -term siltation devices might be ineffective, as they will be continually submerged. A'series of small pools may have to be constructed, as well as a diversion channel, which will require siltation control all along the way. These controls, as well as construction procedures for channel, berm, etc.` should be detailed on the plans. Bottom sediment material would not be suitable to prevent erosion and siltation. He also explained that the size and extent of the project mandate a wildlife study, before the Commission can issue any Order of Conditions for the project. Dick will outline his concerns in a'letter to Arthur Borden of Hayward- Boynton & Williams. MOTION: To 'continue to March 14 at 8:00. (O'NEILL - 'GRADY; all in favor) VOTED WETLAND PROTECTION ACT HEARING CONTINUATION - SE211 -233 Golden Hill Homes-- Boundry,Road, Lot 8- -House grading and septic system within 100 ft. buffer zone of bordering vegetated wetlands MOTION: To 'continue the hearing to February 22 at 7:35, per request of the applicant. (OUELLETTE - O'NEILL; all in favor) VOTED ORDER OF CONDITIONS - JACKSON VILLAGE, SE211 -228 Dick explained that new plans, dated Feb. 4, showed the roof drain system, removal of scupper, and redefining of the slope on one section of the parking lot. He explained that he was not totally satisfied with the test holes taken in November, and therefore had requested new test holes in his proposed order of conditions. MOTION: To add a condition requiring that the (plans, methods,` and timetable for cleaning out the Back Bay Brook before construction shall be submitted to the Conservation Commission for review, at a minimum, or public hearing under a Request for Determination of Applicability or a Notice of Intent, at a maximum. (O'NEILL - OUELLETTE; all in favor) VOTED MOTI s ON: To_i sue orders as recommended by'the Agent and amended by the Commission.' (O'NEILL - ;DAVISON; all opposed) VOTED DOWN MnivSYIELD CONSERVATION COMMMISSION MINUTES' MONDAY, FEBRUARY 8, 1988 + `PAGE THREE' Commission Grady stated his reservations about approving the project given its scope and location within the buffer zone of the sensitive Back Bay Brook: area, the concerns of the Board of Selectmen, and the concerns and past experiences of the abutters. He pointed out that the Commission had no guarantees that there would be no exacerbation of flooding conditions in the area, other than the assurances of the developer's engineer. - He cited page 23 of a recently issued (Jan. '88) "List of Confirmed Disposal Sites and 4 Locations to be Investigated" which lists Merckens Chocolate Factory [upstream of the proposed project] as 'a suspected hazardous material location.; Given' such unknowns, added to the lack of test holes from appropriate locations and the uncertainty about the functional capacity of some of the retention basins,' Commissioner Grady suggested that caution was in order. Additionally, the Commission noted that its policy has been to discourage and to minimize construction within the buffer zone whenever possible. MOTION: To deny the project for reasons above to be articulated by the Chairman and the Commission's Agent'. (GRADY - O'NEILL; all in favor) VOTED MINUTES MOTION: To accept the minutes of January 28, 1988 as submitted. (O'NEILL - OUELLETTE; all in favor, Smith & Mandell abstaining) VOTED CORRESPONDENCE 1. Letter' regarding timetable for the Treetops subdivision (SE211 -193); Commissioner Mandell has concerns about water in the area; Dick Lewis will check on it. 2. Request for Certificate of Compliance for Danielle Lane (Lot 37), SE211 -134< MOTION:! To issue the Certificate of Compliance for Lot 37, as recommended by the Agent'. (OUELLETTE - O'NEILL; all in favor) VOTED 3. Notification of Wetlands Habitat workshop on Feb. 27. NEW BUSINESS Commissioner Mandell raised the possibility of a local bylaw which would not permit work within the buffer zone. Chairman Sweet added that he would like to work out something with regard to major waterways, to provide an "automatic" greenbelt. Chairman Sweet and Dick Lewis have met with the Finance Committee and with Town Manager Dwyer, who has proposed a full -time Agent position, which could be shared with another department, for $3000 less than the Commission had requested. Approved by: ' -� /pkf Date to Town Clerk: i }