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HomeMy WebLinkAboutmin of conservation com 07/14/2003 .~ f"' Conservation Commission Meeting Minutes July 14, 2003 I~l f ,'" " 1::'/ ')- ".... Present: Paul Boyden, Chair; Christine Flass, Carole Matthew, Diane ReadY/!~ttSll1it~ Bob BeanO. , ! ! Richard Lewis, Conservation and Environmental Planner' r rS 1._, (J 11. Meeting called to order at 7:30 p.m. I 2. Request for Determination of Applicability- 168 GDbert Street - Larry Tortosa The chair read the public hearing notice for the construction of a new septic system, with grading and associated work within 100 feet of a wetland resource area, Ted Trowbridge, Hutchins-Trowbridge Associates, presented the plan for the repair of an existing system. The proposed system is the same distance from the wetland as the existing system, and has been inspected by Mr. Lewis. Mr. Lewis said he had been contacted by Mike Trowbridge just prior to filing, to tell him the system had failed and needed to be repaired immediately. There is sufficient area between the work and the wetland area, so no silt or other material escaped the work site. He said the Health Agent has also inspected the new system. Motion: To issue a negative determination (Flass-Bean) r Mr. Boyden asked about the contactor; Mr. Trowbridge said they have been used for years. He said the old system had an auxiliary field, but a new auxiliary field is not required for a repair. Mr. Boyden asked where the material that was removed went. Mr. Trowbridge said he didn't know; Mr. Lewis said he would check with Mr. Leite. All in favor. PASSES 2. Request for Determination of Applicability - 25 Winter Street - Butcbins- Trowbridge Associates The chair read the public hearing notice for the construction of a new septic system, with grading and associated work within 100 feet of a wetland resource area. Ted Trowbridge, Hutchins-Trowbridge Associates, explained the existing system is 15 feet from the pond, and the new system is proposed to be 50 feet from the wetland. Ms. Flass asked if the silt fence would be adequate; Mr. Lewis said it would be. Mr. Trowbridge said the existing system would be drained and left in place. Mr. Lewis said the same tank would be used for the new system, with the pipes rerouted. Mr. Bean asked about the grade; Mr. Trowbridge said the grade would be cut back some for the gravity system; the top of the system would be at a 95 foot elevation. r Motion: To issue a negative determination (Flass-Smith) All in favor. PASSES July 14,2003 Minutes Conservation Commission Page 1 of? I Public Bearing continued - Notice of Intent - 1301 East Street - Peter Fontanini Ted Trowbridge, Hutchins-Trowbridge Associates, explained the plan for the construction of a single-family house with grading, excavation, and associated work within 100 feet of a wetland resource area. /~ Ms. Matthew said she would have liked to have seen the revised plan prior to the meeting. Mr. Lewis said the commission hadn't walked the site yet, so the hearing would definitely be continued. Mr. Boyden asked about the 12-inch concrete drain; Mr. Trowbridge explained it is an invert. [Ms. Ready arrived at this time] Ms. Matthew asked about the letter from Natural Heritage regarding the driveway; Mr. Trowbridge said he believed Natural Heritage was concerned about a pond. Mr. Lewis said the driveway goes around a pond in the center of the site, then over an existing culvert, and makes a bend toward an isolated wetland pocket to the left of the driveway. Initially the wetland boundary came up to the 98-foot contour, and when he visited the site he didn't think it looked wet. The wetland review came back and shifted the wetland and shrank it and brought it closer to the pond area at the right of the driveway. He said he thought the Natural Heritage comment was about the driveway crossing the wetland, if it is in fact a wetland. He said once the commission approves the boundary, the applicant can go back to Natural Heritage with the wetland line, so the impact can be determined. ~ Mr. Trowbridge explained it is a 17-acre parcel with one house lot, with all work outside the loo-foot buffer zone and the area near the pond stabilized. Ms. Matthew asked the distance from the driveway and the wetland; Mr. Trowbridge said it is 25 feet. Mr. Lewis said there is an existing roadway at the left of the plan going over the existing culvert, and the property has been actively farmed for years. He said he would like the commission to look at the proposed driveway, which runs between the pond and the wetland area, and stabilization of the driveway needs to be examined. Ms. Flass asked how the line was determined; Mr. Trowbridge said vegetation was used. Mr. Lewis said the wetland line is well defined. Mr. Boyden asked why the house was located as shown; Mr. Trowbridge said that was where the client wanted it. The house as proposed is now 440 feet from the septic system. Mr. Lewis said the applicant had told him he plans to build a solar house. Ms. Flass asked if the augur should be used to examine the soils. Mr. Lewis said he has visited the site several times, and the isolated area is very clear by the vegetation. He said he has not seen the flagging in place. Mr. Trowbridge said he has done two boring holes. ---, July 14,2003 Minutes Conservation Commission Page 2 of7 Motion: To continue the public hearing to August 11, 2003 at 7:45 pm and to do a site r--- walk Wednesday, July 23, 2003 at 4:30 pm (Ready-Bean) Mr. Boyden said the plan should note this will be for one house only. Mr. Lewis said if the applicant wanted to subdivide the land, he would have to go to the Planning Board. He said a note about the single-family house could be put in the finding. All in favor. PASSES I 3. Correspondence Certificate of Compliance - 40 Angelina Lane SE 211-134. Mr. Lewis said a final certificate was never issued on the revised order. This would be a partial certificate, which he recommended issuing. Motion: To issue a partial certificate of compliance on SE 211-134 (Bean-Smith ) All in favor. PASSES I 4. Public Bearing - Notice of Intent - 245 Willow Street - Allan Willis, Jr. The chair read the public hearing notice for the construction of a new home, with grading and associated work within 100 feet of a wetland resource area. Mr. Lewis said he had received a copy of a 1978 deed for a 73-acre parcel, but that doesn't establish this property. He also had a copy of a 1993 RIM Fonn A plan creating the lots along Willow Street, as well as this parcel. r-- Earl Chartier, RIM Engineering, said there is an existing driveway with a water line down the left side. The hay bales would be staked from the beginning on the right side of the driveway approximately five feet ofT, back to the house, which will be 84 feet away from wetland flag 28. The siltation control will be wrapped around to encompass the septic area on the downhill side. A limit of clearing will be set up so too much overgrowth will not be removed as a buffer for the neighbors, All water will shed to the existing wetland. The house shown on the revised plan with a side-entry driveway. Ms. Flass asked about the existing driveway; Mr. Chartier said it is gravel, but he isn't positive how far it runs into the site. Ms. Matthew asked the distance between flag 6 and the driveway; Mr. Chartier said it was approximately 19 feet. Mr. Boyden asked for the distances from flags 4,5,6, 7 and 9 to the driveway. Mr. Chartier said 4 is 28 feet; 5 is 24.5 feet; 6 is 19 feet; 7 is 20 feet; 8 is 21.5 feet; 9 is 26 feet. The driveway is proposed to be 14-15 feet wide. Ms. Matthew asked if there is an existing tree line along the river. Mr. Chartier said he didn't know. Mr. Lewis said the site is well vegetated. He said this area is not an ACEC. Mr. Chartier said the site is approximately 133,000 square feet. r--- Ms. Matthew said the commission's by-law requires a 25-foot setback from the wetland. Mr. Lewis said this may fall within the limited project criteria; a house couldn't be put near the street, so the only real buildable area is where the site widens out. Therefore, July 14,2003 Minutes Conservation Commission Page 3 of7 -. some crossing may have to be done within the 25-foot no disturb zone as a way to get from Point A to Point B. He said he didn't know the shape ofthe existing access road. ') Ms. Matthew said the driveway appears very close to the property line. Mr. Lewis said there is an existing retaining wall between the driveway and the wetland area, which has been there for many years. He suggested a site walk. Public Comment Patricia Mann, 40 Fisher Lane, asked what the dotted line is; Mr. Chartier said that is the l00-foot buffer line from the wetland. Steven Harris, 289 Willow Street, asked the history of projects being approved within the loo-foot buffer zone. Mr. Lewis explained the commission's position, as well as the position of the DEP. He said in the event of an appeal, if the work takes place within the 100-foot buffer zone but won't have an immediate and recognizable impact on the wetland area, there are, in a high majority of cases, protective measures to protect the wetland area. Ms. Matthew said in some cases, certain trees and shrubs can be left as a natural barrier. Ms. Ready said the loo-foot buffer doesn't mean building cannot occur, but rather the commission looks at the project, and the town's by-law requires a 25 to 50 foot buffer around construction in certain cases. Mr. Harris asked if the site was a buildable lot; Mr. Lewis said the commission had received documentation that there was a Form A plan on this site. He also mentioned this lot was created before the Rivers Act. Adam Merkin, 251 Willow Street, lives in the lot adjacent to the driveway and asked how close it could be built to the property line. Mr. Lewis said there are no zoning regulations about placement of driveways. Ms. Matthew asked if there are trees along Mr. Merkin's lot; he said he had planted one tree, but it is off his lot. ~ Motion: To continue the public hearing to August 11, 2003 at 8: 15 pm and to do a site walk Thursday, July 17, 2003 at 4:30 p.m. (Bean-Ready) All in favor. PASSES [Mr. Boyden left the meeting at this time] Motion: To appoint Mr. Bean Acting Chair (Flass-Smith) All in favor. PASSES 5. Public Bearing - Notices of Intent - Routes 106 and 140/Copeland Drive- Rosewood Realty Trust The chair read the public hearing notice for the construction of a 42-unit apartment complex, with proposed wetland crossings and work within the 200-foot Riverfront Zone; and the construction of a sanitary sewer line; both projects involve work within 100 feet of various wetland resource areas. Patrick Garner, representing the applicant, explained the plan for a 40B application, which has been approved by the Zoning Board of Appeals. As a 40B plan, it is exempt from most local bylaws, but not from the Wetland Protection Act. The plan shows three buildings and a number of resource areas. There are BVWs bordering Robinson Brook, which is a perennial stream. There is an intermittent stream to a culvert that runs under ~, July 14,2003 Minutes Conservation Commission Page 4 of7 . .' Route 106 for 250-300 feet to a culvert at another intermittent stream. Most of the site is r- within the l00-foot buffer or is a BVW. The wetlands came before the commission about a year ago, and the line is the same on this plan. The driveway is off Chauncy Street with an exit onto Copeland Drive. The site has sewer and water with an existing easement from the property across Route 106 (Brookside Properties office condo). There is a Notice ofIntent on that site. The main driveway and road to the third building cross the intermittent streams, and part of the driveway at the Copeland Drive side of the site crosses the stream. Mr. Garner explained that approximately 30-50 years ago, the section around the Copeland Drive entrance was filled, and that may have been connected to the wetlands on the other side of the proposed driveway. The road will be constructed and a portion of the fonner wetland area will be restored; the Wetland Protection Act requires improvement of what is found. He said they have been sensitive to the watershed in tenns of replication, which will be done at a 1.5 or 2 ratio. Mr. Garner explained the road will drain from Chauncy to Copeland; there will be a high point at about the center of the driveway with catch basins at the low points. The system will use retention basins, which will hold the storm flow for 10-14 hours. A pre- development analysis was done; the runoff from the buildings will be picked up in dry wells; the runoff from the parking areas will go to the basins. The final manholes at each run of pipe, before he water enters the basin, have oil-water separators. r- Ms. Flass said June 1997 had massive rains and asked about problems at the Chauncy Street side of this site. Mr. Garner said they used the FEMA maps for this site and designed the system for the typical storms. Mr. Lewis said the culvert under Route 106 may not be as large as it should be, but it is also a heavily vegetated site and may have become backed up during those stonns. Mr. Lewis said the copy of the Notice of Intent were provided to the Town Engineer; he hopes to have comments for the continued hearing. He asked the engineers to look specifically at the DEP stormwater management guidelines. Ms. Matthew asked about snow storage. Mr. Garner said the snow will be stored in upland areas; the grading will be flat in that area. Ms. Ready said she was concerned about the sand, salt and chemicals in the snow. Mr. Garner said they have approximately two parking spaces per unit with a few extra guest spaces. Mr. Lewis said the ZBA had been concerned about parking along the roadway from a public safety point-of-view. r--- Ms. Matthew asked about the possibility of a drain being installed at the snow storage area. Mr. Garner said the snow would melt and flow overland. Ms. Ready suggested asking for a no salt/no chemicals condition in the commission's decision. Mr. Lewis said the ZBA had been concerned about the parking spaces along the roadway; an earlier version of the plan showed those spaces parallel to the roadway. The concern was that those spaces would be plowed in. Mr. Garner said as part of that concern, those parking spaces were made deeper. July 14,2003 Minutes Conservation Commission Page 5 of7 . y Mr. Gamer said the site had been a sand and gravel pit, and the wetlands that exist now may be as a result of that activity. ~ Ms. Matthew asked whether the trees shown behind the hay bales will be left; Mr. Garner said all the trees behind the hay bales would remain. Ms. Matthew asked if there had been any evidence ofa vernal pool; Mr. Gamer said the wetland at Copeland Drive has water in it most of the year. He said they found no evidence on the site of a vernal pool. Mr. Garner presented the landscaping plan. Ms. Flass asked about the remaining land on the property. Mr. Gamer said that is part of the site and there are no plans for developing it; he said it has large areas of wetland and one narrow strip of upland. Ms. Matthew asked about the double line at the bus stop at Copeland Drive; Mr. Gamer said that is the hay bale line. Mr. Lewis said he has reviewed the restoration plan, and he would send Mr. Garner and the commission a memo with his concerns. He said he had questions about the density of the restoration areas. He said there is a discrepancy in the proposed restoration of two different sized areas. Mr. Gamer said they were willing to increase the number of trees in those areas. Mr. Lewis said the replication areas are proposed to have 18-24 month review periods. Mr. Gamer said he keeps a photographic before and after record of replication areas. ~ Mr. Lewis said he was concerned that if the detention basins aren't managed, they tend to become clogged and lose capacity. Mr. Lewis reminded the commission there are two Notices of Intent for this proposal; one for the sewer easement from across Chauncy Street and one for this main site. DEP file numbers have been received; the sewer easement plan is SE 211-686 and the main project is SE 211-687, with no comments on either. Ms. Ready asked why there are two entrances; Mr. Gamer said that is a public safety issue. Ms. Flass asked if there are sidewalks; Mr. Garner said there is a sidewalk on the post office side. Mr. Lewis said one of the ZBA conditions was a new sidewalk from the entrance of this project on Chauncy Street to the existing sidewalk at Giles Place. Ms. Matthew asked how close the dumpster at Building 3 is to the wetland line; Mr. Gamer said it would be 12-14 feet and totally fenced. Ms. Flass asked whether the commission's purpose was to make sure the town engineer is satisfied, and ensure the wetland protection act requirement is met. Mr. Lewis said those are important issues, and added the ZBA had brought up questions about the buildings' proximity to the wetlands; one of the buildings was reduced and pulled back from the wetland. He said the ZBA took the comments and concerns of the commission ~ July 14,2003 Minutes Conservation Commission Page 60f7 and incorporated them into the plan they approved. The plan as approved involves some r- work within the 25 foot zone. He said the commission could decide not to allow one or more of the wetland crossings under the state act, and the Notice of Intent and Order of Conditions should cover whatever the commission would discuss under the state act. Mr. Gamer said he has been sensitive about location of crossings, locating them at the narrowest possible points, and are well under the 5,000 square feet. The total impact is 2,725 square feet, and the replication areas are 4,765 square feet. Public Comment Thelma Prohodsky, West Street, asked how much water would drain into Lyons Brook, which crosses West Street. Mr. Garner said he had done a pre-development analysis and there would not be any increase in flow from this development. The catch basins would hold the water back and let it out slowly. Ms. Flass said the town engineer would review the stormwater management plan to determine if the system would work correctly. Ms. Ready asked if Building 3 is out of the wetland; Mr. Garner said the building is completely in the buffer zone, but no work is being done in the wetland. Ms. Flass asked if the pipes would be large enough to allow amphibians to get under the culvert. Mr. Lewis said they would be. Mr. Gamer said they are proposing flat-bottomed box culverts, which will carry the flow and allow small animals to pass through. r- Motion: To continue the public hearing to August 11,2003 at 8:35 p.m. (Ready-Flass) All in favor. PASSES [Mr. Boyden returned to the meeting at this time] I 4. Correspondence Minutes May 12, June 9, and June 23, 2003 Motion: To approve as submitted (Bean-Smith) All in favor. PASSES Ms. Ready asked if the wetland line had been approved for the Parente Farm project; Mr. Lewis said it had been, but nothing further has been done. I 6. Adjournment Motion: To adjourn at 10:00 p.m. (Smith-Flass) All in favor. PASSES Date fNext Meet. g: August 11,2003 at 7:30 p.m. / I Jolt "2, Date of proval r- July 14,2003 Minutes Conservation Commission Page 70f7 T T ~ o~ --\ T T