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HomeMy WebLinkAboutmin of conservation com 09/08/2003 . . r Conservation Commission Meeting Minutes September 8, 2003 .'.' ',('" I 0 c.' Il"'j, 'J( Present: Paul Boyden, Chair; Carole Matthew, Jack Smith, Chri's-F}m;s, Dlane R~ Richard Lewis, Conservation and Environmental Planner ; . ~ : t' i I 'E::rrS 11. Meeting called to order at 7:45 p.m. l,.; 2. Request for Determination of Applicability Publit Hearing - 20 Piasecki Drive - Jim Cashman Grading and landscaping of the backyard area with work within 100 feet of a wetland resource area. The hearing was opened and Ralph Maloon, PE and Mr. Cashman explained the project. The work area is a ridge that runs through the lot and the applicant wishes to level out a portion of the ridge to create a more useable backyard area. Once the material has been removed and the proposed grades established, the area will be loamed and seeded. The silt fence will be installed on the front side of the existing stonewalls. D. Lewis has visited the site and feels that there will not be any impacts to the wetlands, and that the silt barriers will control the work site. Motion: to close the hearing and issue a Negative # 3 determination with the conditions that engineer certify the installation of the haybales and the Commission be notified of the start of work. [Smith/Flass] All if favor [5-0-0]. Project Approved. I""'" 3. Request for Determination of Applicability Public Hearing - 160 Steams Ave.- SaI Barresi Ralph Maloon, PE, explained the project, which involves the construction of an addition and an up-grade to the septic system, with work within 100 feet of a wetland resource area. All of the work will be within an existing disturbed [lawn, landscaping, or driveway] area. D. Lewis visited the site and feels that the siltation controls will be able to protect the resource area that is located behind the house and backyard area. He does not foresee any problems. Motion: to close the hearing and issue a Negative # 3 determination with the conditions that engineer certify the installation of the haybales and the Commission be notified of the start of work. [Flass/Smith] All if favor [5-0-0]. Project Approved I 4. 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. Mike Trowbridge presented the revised plans. Based on the site walk of some of the Commissioners, it was determined that the driveway would not cross through a wetland area, but would only skirt an isolated area less than 5,000 sq. ft. He explained that the proposal include a plan to place some sheeting along portions of the driveway, in the area of flags numbered 1 WH through 3WH so that concrete can be poured to help stabilize the eroded area. Any ruts and small ,I"'- depressions in the existing driveway will be filled. Discussion took place concerning the Sept. 8, 2003 Minutes Conservation Commision Page 1 of 4 ~ "".Iii .. response letter from the Natural Heritage Program; this response was to the original plan, which showed alteration of a bvw area; this alteration has been eliminated based on the ') site walk. Mike T. has sent revised plans to them but has not received any new comments. D. Lewis will try again to contact the Program office and see if they have any comments. Discussion on potential conditions included a condition only permitting a single-family house and no salt to be used on the driveway. Motion: to continue the hearing until 7:40 on September 22, 2003 [Smith/Ready]. Passes 5-0-0. 5. Notice of Intent Public Hearing continued - Rosewood Realty Trust; Routes 106, 140 and Copeland Drive The Applicant has requested a continuation so that details on the stormwater and drainage system can be resolved through discussions with the Town Engineering Dept. Motion: to continue to 7:50 p.m. on September 22,2003. All in favor 4-0-1 [Boyden abstains]. I 6. Correspondence a. Request for Certificate of Compliance - 6 Riverwood Drive (SE 211-621). D. Lewis inspected the property and everything, including the landscaping is complete, and he sees no problem in issuance of a complete Certificate. Motion: To issue a full Certificate of Compliance (Smith-Matthew) All in favor. PASSES b. Letter from Town Counsel regarding a 60-day continuation of the hearing on the Clemmey issue. Counsels for both parties made the request for the continuation. ') c. Letter from Endriunas Brothers regarding the deeding of the open space associated with the Ridge View Cluster subdivision located off of Franklin Street. d. Copy of the deed from MartinlClemmey for the land on West Street that was deeded to the Commission as part of a condition of the Special Permit for the Erin's Center project. e. Letter from the Winslow's indicating that they are withdrawing some of their land on Essex Street from the Chapter 61A program. The Town did look into purchasing this land, but cost factors, and the availability of the Doug King land on Canoe River did not lead to seriously considering the Winslow land. f Memo from the DPW office regarding spraying along certain streets in conformance with the Management Plan developed a year or so ago. g. Notice from DEP Lakeville and the applicant of the Water Park property that an Extension to their Order of Conditions is being issued. h. Copies of two letters regarding the ENF process for Nicole Village. 7. Notice of Intent Public Hearing continued - SE 211-689 - Gourdin Subdivision, Mill Street - Red Mill Realty Trust The chair reopened the public hearing for the construction of certain utilities for the proposed subdivision, with grading and associated work within 100 feet of wetland resource areas. ~ Sept. 8, 2003 Minutes Conservation Commision Page 2 of 4 ( ..--- ,"'-'" Ralph Maloon, RIM Engineering, explained the revised plan showing the minor changes to the wetland boundary based on the site walk by D. Lewis on the morning of 9/8/2003. These changes to the boundary brought some work on the drainage system within the lOO-foot buffer zone, but the level of disturbance in the buffer is very limited. The plan has also been revised so that the Vernal Pool is located on Common Opens Space # 3 and will be part of the land donated to the Commission as part of the cluster subdivision project. There have also been a minor change to the water easement; the location has changed slightly and the width of the easement has widened in one area to better allow the installation of the water main. No permissions to install the water main have yet been granted by abutting property owners, but the easement as shown will allow for the needed flexibility for future work on the water main. There was discussion on the 20-foot maintenance and landscaping easement shown on the frontage of the Common Open Space area # 3. Since the 100-foot buffer line around the vernal pool is falls within this 20-foot easement, the discussion centered on maintaining the integrity of the buffer around the pool. It was the general consensus that if a fallen tree needs to be removed for public safety purposes, or some other similar works needs to occur, then this work could be done, otherwise no work should take place within the lOO-foot buffer. It was agreed that once the roadway is completed, an inspection would be made and a determination would be make on the installation of either a fence or some type of landscaped barrier in the 20-foot easement, along with signage indicating the environmental sensitivity of the area. Signage will also be required at the rear of the lots that backup to the vernal pool. D. Lewis will draft a proposed Order of Conditions for the next meeting. Motion [FlasslReady] to close the hearing. Voted 5-0-0. 8. Notice of Intent Continued Public Hearing - Nitole Village - SE 211-690 - Maple Street - William Callahan The project involves the construction of a roadway, utilities and drainage, and three single-family houses, with grading and all associated work within 100 feet of a wetland resource area. P. Boyden reviewed the letter from Peter Weber at the state office of Conservation and Recreation, which called for the preparation of an EIR for the project. Scott Goddard, Carr Research Labs, explained his position that the NOI I Order of Condition process and the ENF I EIR process are two separate permit procedures. He indicated that NHESP received a copy of the NOI package on August 6"\ and as of today there has not been any response from that office. Per the regulations, they are required to respond to the Commission with a 30-day timeframe. He explained how the project has met the performance standards for both the state and local wetland laws. Relative to the local by-law, he discussed the plan that keeps activity lOO-feet away from the certified vernal pool. There was discussion on the grading around the stormwater basin and drainage components. Ralph Maloon indicated that some of the grading which is within 50 feet of the wetland boundary can be adjusted and tightened up. There will be one small area where grading with 50-feet will be necessary. It was noted that the by-law does allow for drainage work with the 50-foot buffer. Scott G. said that the necessary grading within this zone can be re-vegetated with certain species to be a viable wildlife habitat area. Sept. 8, 2003 Minutes Conservation Commision Page 3 of 4 C. Matthew says she spoke with Pat Huckery, at NHESP, about Pat's concerns with the ~ project and the need to maintain 100- foot buffers from the edge of the both the vernal pool and the wetland boundary. There was discussion on whether the provisions of Section 2.6 oflocal by-law applies to both a lOO-foot no disturb zone around vernal pool and associated bordering vegetated wetland or just around vernal pool and isolated wetland within state listed habitat areas. C. Matthew says she felt it is the former; other members felt that the black and white language led to the conclusion that it was the latter. D. Lewis will contact Town Counsel to attempt to get his opinion. The Commission discussed the best course of action on how to proceed with the hearing process. Scott G. discussed the matter with the applicant and they decided that they would like to close the hearing. A consensus of the Commission was that the performance standards under the state act and regulation have been met, and an Order approving the project under the state regs could be drafted. C. Matthew says she felt that she was fully informed of the impacts of the project under the local by-law. D. Lewis will contact Pat Huckery at NHESP to get a copy of her comments to the MEPA office and see if she has drafted any comments on the NOI package. Motion (Ready/Matthew] to close the public hearing. Voted 5-0-0. 9. Notice of Intent Hearing for Fairfield Green at Mansfield LLP P. Boyden read the hearing notice. At the request of the Applicant, the hearing will commence on October 27, 2003 at a time to be determined prior to October 8, 2003 meeting of the Commission. All in favor of the continuation. ') 110. General Business P. Boyden mentioned that Lou Andrews had contacted him regarding a potential name for the property being purchased from Doug King and located on the Canoe River. Both the Commission and the Board of Selectmen should be involved with this naming process. C. Flass asked about the placement of a boulder at the opening on Maple Street, near National Lumber, where dumping is taking place. D. Lewis will speak with Mark Cook in the DPW office about this matter. 111. Adjournment Motion: To adjourn at 10:30 p.m. (Flass-Smith) All in favor. PASSES Date of Next Meeting: September 22, 2003 at 7:30 p.m. /'~7103 Dale of Approval ") Sept. 8, 2003 Minutes Conservation Commision Page 4 of 4