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HomeMy WebLinkAboutmin of conservation com 08/11/2003 r Conservation Commission Meeting Minutes August 11, 2003 " I." Present: Paul Boyden, Chair; Carole Matthew, Jack Smith, Bob Bean Richard Lewis, Conservation and Environmental Planner _.,; ~r 1, '~: D:' - I (/ r,1"' . ,J 0 "j I I' i'~:CT-'n ',)1 IS 11. Meeting called to order at 7:00 p.m. Motion: To go into executive session to discuss pending litigation (Bean-Smith) All in favor. PASSES -------------------------------------------------------------------------------- Conservation Commission Meeting continued August 11, 2003 3. Notice of Intent Public Hearing continued - 1301 East Street - Peter Fontanini Construction of a single-family house with grading, excavation and associated work within 100 feet of a wetland resource area. There are outstanding issues with Fish and Wildlife, so this hearing will be continued. Motion: To continue the public hearing to September 8, 2003 at 8:05 p.m. (Smith-Matthew) All in favor. PASSES r- I 4. Correspondence Request for Certificate of Compliance - 83 Colonial Drive (SE 211-374). Mr. Lewis said a full certificate was issued in 1997 and never recorded, so this covers the whole subdivision. Motion: To issue a full Certificate of Compliance (Smith-Matthew) All in favor. PASSES Request for Certificate of Compliance (SE 211-410) - Mass Highway - Widening/bridge work at Route 495/140 at the Great Woods Office Park Building, Reservoir Street. The certificate is for 792-800 South Main Street and references the deeds, because the property has changed hands. Motion: To issue a partial Certificate of Compliance (Smith-Matthew) All in favor. PASSES Mr. Lewis reminded the commission the next meeting will be September 8, with a new hearing for the 40B project on West Street. He said that meeting would be on the third floor. 5. Notice of Intent Public Hearing continued - SE 211-688 - 245 Willow Street- Allan Willis, Jr. The chair reopened the public hearing for the construction of a new home, with grading and associated work within 100 feet of a wetland resource area. r August 11, 2003 Minutes Conservation Commission Page 1 of 6 Ralph Maloon, RIM Engineering, explained the revised plan showing the confirmed wetland line, the haybales, and the driveway was moved to save a couple of trees and remove it from the 25-foot buffer. ~ Board Comment Ms. Matthew asked that the order state the tree line is to remain for the length of the driveway. Mr. Maloon said the hay bale line is about three feet off the driveway. Mr. Lewis said he would add a finding about the trees. Mr. Maloon said they would be willing to leave the tree line, except where they need to trim or remove shrubs. Ms. Matthew asked about a sign adjacent to the river indicating this is an environmentally sensitive area. Mr. Lewis said there will be 84 feet between the house and the wetland. The commission agreed a sign would probably not be necessary. Public Comment Pete Presantato, 656 South Main Street, said he was planning to purchase the lot and asked where the trees are the board was discussing. Mr. Maloon showed him the location of the trees on the plan. Mr. Presantato asked about the commission's policy for the 25 and 50-foot buffers. Ms. Matthew said the commission has the ability to determine a buffer between 25 and 50 feet. Mr. Presantato asked if the buffer line could be moved to 25 feet instead of 50. Mr. Maloon said they have 25 feet off the front corner and 30 feet off the back corner. Ms. Matthew said the commission has been requiring 50 feet for new construction. Mr. Lewis said the permit could be modified if the homeowner wanted to amend it. ~ Mr. Presantato asked if a silt fence could be used rather than hay bales; Mr. Boyden said either could be used, but the engineer would have to certify it. The resident of289 Willow Street asked about the reserve field; Mr. Maloon said there are two leach trenches with a reserve in between, which is required by the Board of Health. She asked how long the driveway is; Mr. Maloon said it is approximately 500 feet long. Mr. Bean asked if there is a rule of thumb about which trees are saved. Mr. Maloon said hardwood trees would be easy to save, but trees like pines, which have large root systems close to the ground, could be damaged during construction. Ms. Matthew said the commission has been requiring 50-foot buffers on new construction, and asked if the homeowner would be able to change that. Mr. Lewis said the silt fence is as much as 85 feet from the edge of the wetland, so if the homeowner wants a larger back yard, he would have 35 feet of flexibility before he gets to the 50 foot wetland line. Mr, Lewis said everything south of flag 13 is over 50 feet from the wetland line, so the order could reflect that, which would give the homeowner the flexibility to place the hay bales at the 50-foot line. Mr. Maloon will revise the plan to reflect that, and that will become the plan of record. ~ August 11,2003 Minutes Conservation Commission Page 2 of6 r Motion: To issue the Order of Conditions as drafted with the above amendments and referencing the new plan (Bean-Smith) All in favor. PASSES 6. Notice of Intent Public Hearing continued - Corner of Routes 106/140 - Rosewood Realty Trust 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. Motion: To continue the public hearing to September 8, 2003 at 8:20 p.m. (Smith-Matthew) Three in favor. Boyden abstained. PASSES 7. Request for Determination of Applicability Public Hearing - 32 Ephriam Drive - Peter Slavin The chair read the public hearing notice for the construction of an addition and an upgrade to the septic system, with grading and associated work within 100 feet of a wetland resource area. Ralph Maloon, RIM Engineering, explained the plan for an addition and new leaching field, with siltation control proposed along the rear edge of the property line. The siltation control is over 50 feet from the wetland, and the proposed leach field is about 85 feet from the wetland. He explained there are no wetlands on this site. r Mrs. Matthew asked about the limit of work at flag 132. Mr. Maloon said they would be cutting trees for the leach field, but nothing at the existing woodline. Mr. Lewis said he visited the site and the wetland line is down gradient from the elevations of the rear of the lot. The site is well vegetated, and that, in combination with the siltation control, should provide adequate protection. Mr. Boyden asked if any material would be removed; Mr. Maloon said there would be material moved for the foundation, but the leaching field would have a minimum change in grade. There is an existing depression to 132 at the site of the proposed field, and the final grade around the field will be 133. Motion: To issue a Negative Three determination including the proposed stabilization and referencing the plan as presented (Smith-Bean) All in favor. PASSES I 8. Notice of Intent Public Hearing -Gourdin Court- Mill St - Red Mill Realty Trust The chair read the public hearing notice for the construction of certain utilities for the proposed Gourdin Circle subdivision, with grading and associated work within 100 feet of a wetland resource area. (' Ralph Maloon, RIM Engineering, explained the plan for an II-lot subdivision on Mill Street, which is currently before the Planning Board. The plan is for a cluster August 11,2003 Minutes Conservation Commission Page 3 of6 subdivision, with Parcel B and Common Open Space 3 to go to the commission or the NRT. He said Common Open Space 2 will be for the homeowners. .--., Mr. Maloon explained there is a vernal pool on Lot 10. The wetland line was done by RIM, and a vernal pool was discovered. The 100-foot buffer around the pool is shown, with no construction shown. There is 106 feet of frontage at the common open space, and it narrows to about 50 feet at the rear line. Mr. Lewis suggested the rear lot line for Lot lObe moved to get the vernal pool completely within Open Space 3. Mr. Maloon said he would try to do that. Mr. Maloon said the remaining wetlands are shown on the plan, with a small one at the northwest comer of the site and a larger one in Open Space 3 and Parcel B. He said for the most part, the lots are outside the toO-foot buffer zone. Mr. Maloon said they are currently working with the Engineering Department to soil test every lot. There will also be a small detention area added, which will shed southwesterly toward the wetland. Mr. Sullivan was concerned that if the street is built before the houses and there is a large storm, the flows will be balanced. Mr. Lewis suggested a site walk prior to the continuance on September 8. Mr. Maloon said the site is accessible, as is the vernal pool. However, he said the wetland to the rear will be difficult to reach. Mr. Lewis said he would check that wetland. Mr. Maloon said this site would be on sewer. He said the soil testing would be done at the end of this week, then the data would be processed. .-..... The commission discussed a site walk on Thursday, August 14 at 4:30 p.m. Board Comment Mr. Boyden explained the board's suggestion for removing the vernal pool from Lot 10 and placing it in the open space. Public Comment Randall Tatum, 385 Mill Street, said he is opposed to the development because the applicant does not have a clear title to the land. He said he is opposed to removing trees near the vernal pool, which contains turtles and frogs. Mr. Maloon said some trees have already been removed for the testing in the roadway. Gary Jaeger, Holstein Road, said Holstein Road and Sawmill Court are not shown on the plan. He said his property abuts the wetland area, and has had water problems this year from the wetland. Kevin Kemp, 15 Sawmill Court, asked how far it would be from the back of Lot 6 to the back of the properties on his street. Mr. Maloon said it would be approximately 250 feet. Mr. Kemp said he was concerned that there is standing water 10-15 feet behind his back lot line, even during the dry season. He asked how much more water would be pushed ~ August 11, 2003 Minutes Conservation Commission Page 4 of 6 r into that area He said there is a tremendous amount of wildlife in the area. Mr. Kemp said he thought this site would be closer to his lot than Mr. Maloon stated; Mr. Maloon said there is NRT land between the two sites. He said this site would shed to the same place the Mill Farm subdivision sheds to. Robert Haskett, Mill Street, asked about a buffer for his property. Mr. Maloon said they would leave a 30-foot buffer. Mr. Maloon suggested some wording for that, including no clearing except for dead trees and branches. Mr. Boyden suggested additional concerns be directed to Mr. Lewis prior to the September 8 meeting. Motion: To continue the public hearing to September 8, 2003 at 8:35 p.m. (Smith-Bean) All in favor. PASSES 9. Notice of Intent Public Hearing - Nicole Village - SE 211-690 - Maple Street- William Callahan The chair read the public hearing for the construction of a roadway, utilities and drainage, and three single-family houses, with grading and all associated work within 100 feet ofa wetland resource area. Scott Goddard, Carr Research Labs, explained the plan has been before the board for two determinations of applicability; one for the wetland line and the other for riverfront area. r This plan is for the final project. Mr. Goddard said there have also been Notices of Intent issued, which have been withdrawn and resubmitted as this single notice for both roadway and house construction. Mr. Goddard said there is a certified vernal pool on the site, which is shown on the plan. The pool has an overflow area, which flows to a Bordering Vegetative Wetland. The site has been submitted to Natural Heritage for review, which has not responded yet. An Environmental Notification Form was submitted to MEP A on July 31; they have not responded yet. The ENF was submitted because the site falls within a rare species habitat and is within the Canoe River Aquifer. Mr. Goddard explained the site is at the end of Nicole Road in the Eastfield Estates subdivision, and would be three single-family house lots. He said they have maintained the 100-foot buffer around the vernal pool and the hay bale line will be beyond the 100 feet. He said they have maintained at least a 25-foot no disturb around the BVW. Mr. Goddard said the work taking place within the IOO-foot buffer zone will be as follows: three-quarters of the retention pond, grading and a portion of the septic system for one lot, a small piece of the driveway and cul-de-sac, and half of one house. He said they have met the standards for stormwater management. r--- August 11,2003 Minutes Conservation Commission Page 5 of6 , T Mr. Goddard said he is waiting to hear from Natural Heritage about any rare species; he said he has done a preliminary study and has found several species in the estimated habitat. He said these species do not tend to live in vernal pools. ~ Board Comment Ms. Matthew asked about the intermittent stream; Mr. Goddard said there isn't one. Mr. Boyden said problems could arise depending on the answers from MEP A and Natural Heritage. Mr. Goddard agreed, but said the commission's decision is not bound by anything MEP A does. He said MEP A often likes to see the commission's decision first. He said Natural Heritage has 30 days to respond, and said he understood the commission would want to hear from them. However, he said if there are issues other than those agencies, he would like to address them tonight. Ms. Matthew said the letters received from Natural Heritage last year regarding the vernal pool asked for a minimum of 100 feet of undisturbed area from the vernal pool, and the edge of the BVW. Mr. Goddard said that is Natural Heritage's standard recommendation, but that letter doesn't address whether this specific project is altering the wetland. He said the project is substantially different from what it was when that letter was written, and there was no vernal pool shown on the plan at that time. Ms. Matthew said she thought the intermittent stream should be shown on the plan. Mr. Goddard said an intermittent stream would have a bank, which this does not. Mr. Lewis said there is no defined bank, but rather a broad surface flow pattern. Mr. Boyden asked why it wouldn't be advantageous to show an intermittent stream as well as a perennial stream, since one could become the other over time. Mr. Goddard said the commission had determined there is no perennial stream on this site, and he does not find an intermittent stream. Ralph Maloon, RIM Engineering, agreed with Mr. Goddard. -..., Mr. Boyden asked about other easements. Mr. Goddard said there is a detention pond and an existing drain easement off lot 15 in Eastfield. Mr. Maloon said the existing portion of Noreen Road flows to an existing detention system and the new system would handle the new lots and roadway. Mr. Goddard said he isn't required to do stormwater management for a subdivision of this size, but has done it. Motion: To continue the public hearing to September 8, 2003 at 8:50 p.m. (Smith-Bean) All in favor. PASSES 19. Adjournment Motion: To adjourn at 10:00 p.m. (Bean-Smith) All in favor. PASSES Date of Next Meeting: September 8, 2003 at 7:30 p.m. ~4 ~ ~ LW',. ~'" Signahire of Chair fa v) B 61 d tv-. 1// >/ oj Date of Appr6val ~ August 11,2003 Minutes Conservation Commission Page 6 of6 T Y