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HomeMy WebLinkAboutmin of conservation com 03/03/2003 r Conservation Commission Meeting March 3, 2003 "....'- !;' . Present: Paul Boyden, Chair; Christine Flass, Diane Ready, Jack Smith Richard Lewis, Conservation and Environmental Planner 11. Meeting called to order at 7:30 p.m. C r; '- I F;i 3: ti 9 "~; }-', i, i_I..I r'. 'l '; SETTS 2. Public Hearing Notice of Intent - Bay Brook Village LLC - Branch Street _ DEP File #SE 211-679 The chair opened the public hearing for the construction of a 24-lot residential subdivision with roadway, drainage and utilities, and seven homes with grading and associated work within 100 feet of a wetland resource area. Mr. Oberlander presented the certified mail green cards. Mr. Boyden explained this public hearing is strictly to discuss conservation issues, and those will be the only items discussed. r David Oberlander, BDO Engineering, representing Bay Brook Village, LLC, explained the plan for a 1,300 foot-long cul-de-sac with three wetland areas on Branch Street. The major wetland area is east of the site, and Mr. Oberlander said it is a marginal wetland. The wetland area is wooded, and has been flagged. However, because of the snow, Mr. Lewis has been unable to verify the wetland flags. There are two isolated wetland areas under 5,000 square feet. One is a depression in the woods with some wetland vegetation and standing water during the wet season, and goes somewhat off site. The second appears to be manmade and may have been a farm pond. The 25-foot no build buffer zone is shown on the plan, with no work proposed within the 25-foot area, but there will be a drainage outfall. The 100-foot buffer zone line is shown; part of the roadway and most of the cul-de-sac, the drainage area, and several proposed lots enter into the buffer zone. Board Comments Mr. Lewis said he has spoken with Mr. Oberlander about his inability to visit the site because of the weather, and suggested a continuation to give the weather a chance to break. Mr. Oberlander said a continuation would be fine. Mr. Oberlander said he has conducted a constant head test with Mr. Field and the soils are good. He said he has submitted a preliminary plan to the ZBA, and when he receives comments on that, they will be addressed and a full drainage report and a full plan will be submitted. Mr. Lewis said with a regular subdivision, the commission would want Mr. Sullivan's review of the drainage calculations and hydrology, and he assumed that process would be the same with this application. Mr. Oberlander said he would do that. Mr. Lewis suggested he, Mr. Sullivan and Mr. Oberlander get together before the next meeting. r Mr. Oberlander said in the preliminary plan, he proposed a drainage swale near the wetland area, as well as two leaching manholes near Branch Street. Mr. Boyden said the public would be able to look at that report when it is submitted. Mr. Lewis said it was likely the ZBA process would begin in a month or so, and the abutters would be notified of that public hearing. , T r Ms. Ready said the commission has the discretion to ask for a 25- to 50-foot no disturb zone, and has been asking for 50 feet on new construction. She said it looked like that could be achieved on most of this plan. Mr. Oberlander said it could be done on most of the site, but the cul-de-sac and several other spots would come close to the 25 feet. He said some of those spots would depend on whether the two smaller wetland areas are jurisdictional or not, such as on Lot 19. Ms. Flass asked where the nearest stream is located. Mr. Oberlander said the Back Bay Brook crosses Branch Street more than 200 feet away from this site, so the Rivers Act would not apply. He said the Canoe River is also outside of200 feet away. Mr. Oberlander said the site is within the Zone C of the flood map. Mr. Oberlander said the site was flagged in August 2002, and the wetland he thought was manmade was dry; however, there is water in it now. The other small wetland was also dry at the time, but will probably have water in it now. Ms. Flass asked if National Heritage Wildlife had been checked; Mr. Lewis said it had been, and there was nothing on site. r Mr. Oberlander said the drainage will probably not change drastically, but he will provide additional data. There will be several pairs of catch basins connected to manholes, then connected to a water quality swale near the cul-de-sac. The paved road is proposed to be 22 feet wide with a five-foot sidewalk on one side. Mr. Oberlander showed the commission a full set of plans, including topography; he said the site is very flat. The site is on sanitary sewer, and the last five houses will have individual grinder pumps connected to a manhole. Mr. Oberlander said the pavement could probably be kept about 46 feet away from the wetland on Lot 23, with the house at about 41 feet. He said he will be able to stay 50 feet away in most spots, with a few exceptions. Ms. Flass asked about areas where the lawns might expand into the wetland over the years, saying the commission has been requiring signage or fences, as well as deed restrictions in some cases. Mr. Lewis said that could be a recommendation to the ZBA. Ms. Flass said she was concerned about one of the smaller wetland areas being a vernal pool and requiring additional protection. Mr. Boyden said the commission would want the runoff from each house to be collected on site. Mr. Oberlander suggested dry wells, which would cover the requirements for recharge. r Public Comment John Gruskas, 15 Farm Pond Path, said the area was dry in August, and suggested using caution when describing it as dry. He said many of his neighbors have had r flooding problems and have installed sump pumps or French drains, and he was concerned about additional drainage problems. Mr. Oberlander explained his drainage calculations study pre- and post- construction conditions, and he is required to devise drainage structures which will result in no increase in runoff from the site. He said this site is downhill from the existing houses, toward the large wetland area. He said even without any drainage structures, the wetland is so large the abutters wouldn't notice any change. Mr. Gruskas asked about the catch basins; Mr. Oberlander said they would be tied to a leaching trench and recharge into the ground near house 134. This will avoid runoff onto Branch Street. Gary Price asked about the impact of the removal of mature trees. Mr. Oberlander said he uses a computer program and a stormwater guideline to arrive at a number based on the soil type and ground cover for each portion of the project. The numbers are put together to result in a "runoff number" for the site. Mr. Price said the trees absorb a lot of moisture in the ground; Mr. Oberlander said the program accounts for mature trees versus pavement. Mr. Price asked about trees that will be preserved; Mr. Oberlander said the site will not be clear cut, but everything in the roadway will be cut, as well as clearing for the houses and driveways. r Mr. Oberlander said the site is very flat, and will remain so post-development. There will be undulations built into the road to keep the runoff moving, as well as a crown in the middle of the roadway. Water crossing the road will be caught by the catch basins. Some of the lots will have some fill brought in. Dan Lemlin, 27 Farm Pond Path, said he has had three 100-year floods in his basement, and that site is a lot wetter than many believe. He was concerned that taking the trees out will allow additional water to flow off this site. Mr. Gruskas said the pond in their development fills up very quickly, which often results in flooded basements. Mr. Oberlander said the groundwater is at elevation 137, and the roadway runs from 144-145. He said the drainage swale would be a grass-lined channel, which is a DEP best management practice, and will be designed for the 100-year storm. The swale starts at elevation 139 and is relatively flat. Mr. Oberlander said the elevation of flag 19 is at 139; the spot elevations shown are existing contours. Bill Bryer, 158 Branch Street, said one of the small wetlands is partially on his property and it is wet right now. He asked if there would be additional runofffrom the new Lot 19, which is close to his house. Mr. Oberlander said the house would have a dry well to collect the runoff, which will hold the water and release it slowly. He said the volume would be the same before and after, but the engineering would ensure the runoff rate would be less than or equal to pre-construction conditions. The r r dry wells will be designed above the high groundwater level, so the groundwater's impact on their functioning will be minimal. Mr. Lewis explained the outcome of this will be an Order of Conditions with a variety of conditions, including the dry wells. He said stormwater will be addressed with the commission; any normal subdivision going through the process will have had its drainage issues reviewed by the Town Engineer. Since there won't be that normal subdivision review, the commission will have to work with the applicant and Town Engineer to address stormwater management issues. Motion: To continue the public hearing to April 14, 2003 at 7:45 p.m. (plass-Ready) All in favor. PASSES /3. Correspondence Mr. Lewis explained he had received a letter from Mr. Clemmey regarding the dumping of snow by the town at the Plymouth Street recreational facility. The area in question is the rear portion of the site, for which the commission issued an Order of Conditions in 2000. Mr. Lewis said he has visited the site several times. There is a silt fence at the 25-foot boundary at the back of the proposed field, which is incomplete. There are loam piles in the area; the town used the area for snow dumping during the last large storm. A portion of the silt fence was pushed until it was knocked over, and a snow pile went over the fence. Lewis said the silt fence will r need to be reestablished after the snow melts. He said he had a call from an Old Elm Street resident, who said he noticed an oily smell on site; Mr. Lewis said he didn't notice any smell on his site visits. He said in the final design, there will be a swale around the field to a double catch basin, and another swale leading to a larger catch basin; however, the site and drainage components are incomplete at this time. The state issued a snow disposal policy in 2001, and other than the fact that the silt fence was disturbed, this is not a bad place to dispose of snow. Mr. Lewis said Hodges Brook runs under Plymouth Street, but is not close to this work; this site is not within the water resource protection district or the ACEC. Mr. Lewis has walked the site with the DPW Director and with Mark Cook; he suggested a memo to Mr. Azinheira with the commission's concerns. The order expired February 2003, so the town will either need an extension or a new Order of Conditions. Mr. Boyden suggested the commission recommend the town establish a snow removal plan. Motion: To send Mr. Azinheira, with a copy to the Board of Selectmen, a letter recommending the town establish a snow removal plan (Ready-Flass) r Mr. Leonard Flynn said the NRT is an abutter to this site, and he has visited it. He said the site is a mess and looks like a storage facility for earthen material. He said the town needs to consider what will happen when that much snow is dumped on a site that already has significant water problems. r- Mr. Clemmey said the Order of Conditions has expired, which he said Mr. Lewis's letter to the Board of Selectmen did not mention. He said he believes the runoff from snow dumping does flow into Hodges Brook. He showed the commission pictures of the area showing snow with what he purported to be oil on top. He said he had samples taken and will provide the commission with the results. He said the snow is being dumped in several other areas than the one indicated in Mr. Lewis's letter. Mr. Boyden asked if snow dumping is a violation of the Order of Conditions. Mr. Lewis said he didn't believe so. Mr. Clemmey said the order specifies "no debris" shall be dumped on site. Ms. Flass said there appeared to be two issues; one with the snow removal policy and the other that the order has expired and the site is a mess. Amendment to the Motion: To send Mr. Azinheira, with a copy to the Board of Selectmen, a letter recommending the town establish a snow removal plan and to include a second letter to invite the DPW to meet with the commission and explain how it plans to address the expired order of conditions and to stabilize the site. (Flass -Smith) All in favor. PASSES r Mr. Mangiaratti suggested the commission invite the DPW representatives in to explain the concerns and tell them what the commission wants done about it, then decide the best course of action. Mr. Lewis said he would get in touch with Mr. Azinheira. Mr. Clemmey said he believed the next discussion item, with Mr. Flynn, is a violation of the open meeting act, and that Mr. Mangiaratti is not here for Mr. Flynn's discussion. Mr. Flynn said he is here to discuss potential land purchases, which can be done under executive session. Mr. Flynn said they are talking with land owners about the possible purchase of land, which can be discussed under executive session. Motion: To go into executive session for Mr. Flynn's land acquisition discussion and Mr. Mangiaratti's pending litigation discussion, and to come out of executive session to adjourn the meeting (Smith-Ready) All in favor. PASSES r r- Conservation Commission Meeting March 3, 2003 Minutes Continued I 6. Adjournment Mr. Lewis said he had received a new application for an age 55 and over housing development on Peter DeGirolamo's land on East Street, and suggested scheduling it for the first meeting in April. Motion: To cancel the March 17 meeting unless the East Street applicant wants to hold his public hearing before April meeting (Ready-Flass) All in favor. PASSES Motion: To adjourn at 10:45 p.m. (plass-Ready) All in favor. PASSES Date of Next Meeting: March 17,2003 at 7:30 p.m. ~U-e.J.. i'( Signature of Chair ~ n \ (; \.. .. \/ \ ~\I) ~ 01. dCl"" \ LY ~'r/ c) 3 Date of Approval r r T T