HomeMy WebLinkAboutmin of conservation com 03/22/2004
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C . c .. M. ~tCEWt' f \CE
onservation ommlSSlon eeting ,~,: ! r I ~ P \(. S Of
March 22, 20(4) '\ ..' ...... . .
Present: Paul Boyden, Chair; Carole Matthew, Chris Flass, Jerry ~~aJa~$h\itm
Diane Ready ~. ,
Richard Lewis, Conservation and Environmental Planner 1ANSt \ElO
1. MeefiDg called to order.t 7:~p.."" M~S
12. CorrespoJldence "1
Letter from Stephen CumThings re: Conservation Constable appointment.
Motion: To send the Board of Selectmen a letter in support of Mr. Cumming's
appointment (St. Hilaire-Smith) All in favor. PASSES
Mass Audubon program at Moose Hill, Sharon - "Losing Ground" March 24, 2004;
Mass Audubon vernal pool workshop at Stony Brook, Norfolk, April I 0, 2004
3. Village Labeling LLC public lteariDg tolltillued- 631 East Street --SE 211-697
The chair reopened the public hearing for the removal of existing buildings and
construction of thirteen buildings with parking areas and the installation of utilities and
drainage and stonnwater systems, with work within 100 feet of wetland resource areas.
Mr. Lewis distributed a letter from PMP with a construction sequence. David Johnson,
PMP Associates, explained he has addressed the questions from the last meeting,
including the intermittent stream in the lower comer of the property; it is mostly off-site.
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The second issue raised was the applicability and importance of the 25- and 50-foot no-
disturb zone. There is no work proposed within the 25-foot zone, except some grading
within 20 feet. The work in the 50-foot zone is primarily the construction of the
stonnwater management system; the site has been disturbed and contains structures,
vehicles and dirt piles. Staking was done to show the location of proposed buildings and
Mr. Lewis has visited the site.
Mr. Johnson said they have met once with the Planning Board. Three buildings have
been reduced, with four units in each. Two of the three smaller buildings are around the
cul-de-sac, and the comer of the building the commission had been concerned about is
now outside the 50-foot no disturb zone. There are now three buildings within the 100-
foot buffer, and none are within 50 feet.
Mr. Bill Brown, applicant, said all the units will have two bedrooms, and 18 bedrooms
have been removed. He said the Planning Board had requested the building designs be
varied, which has been done.
Ms. Matthew asked how far the detention basin is from the wetland flags; Mr. Johnson
said it is right up to the flag. Mr. Perrault said there would be grading up to the flags to
allow the flow into the wetlands. Ms. Flass said there is a large tree in the area where the
detention basin in proposed; Mr. Perrault said that tree could be saved.
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Conservation Commission Minutes
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Mr. Lewis suggested a site walk during the first week of April, which he said would be
the easiest way to determine where the 25 or 50-foot buffer would be appropriate.
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Ms. Flass said her concerns were with the drainage area and building 6. Mr. Lewis said
he ~~,;glad,bnilding 6 had been pulled away from the wetland, but was still concerned
the ~ing, will.go ~ up to the flagging. Mr. Perrault said there is a lot of flexibility
for grading behind those trees.
Mr. Perrault said the Planning Board is asking to have some of the land along the river
donated to the town, which Mr. Brown has agreed to.
[Ms. Ready arrived at this time.]
Mr. Perrault said the town engineer wants a full set of plans for review. He said in order
to do that, they have to know where the stormwater management system has to be. He
said shifting a tree or other fine-tuning can be made conditions of approval. He said he
would like the commission to send the Planning Board a message that it is happy with the
plan. Mr. Lewis said the commission could do a site walk and set the limit of work,
which would give the engineers an idea of what would be acceptable. He didn't
recommend the commission sign offuntil the town engineer is satisfied. Mr. Perrault
said he would go on the site walk with the commission. Mr. Boyden said the commission
would not approve anything until the town engineer is satisfied.
The commission will do a site visit on Tuesday, April 6 at 4:30 p.m.; the next meeting
will be April 12. Mr. Lewis suggested continuing the public hearing until May 3. He
said there are some outstanding issues: areas on the east side behind building 9 that may
need work, the outfall from the basin of the sediment forebay and buildings 6 and 7.
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Ms. Matthew asked about the donation of open space; Mr. Johnson said they would
donate the outer riparian area and around the basin, an area about six acres.
Ms. Flass asked if there would be any work within the 2oo-foot riverfront area. Mr.
Perrault said there would not be, unless there is something within that area that needs to
be cleaned up from the current use.
The ublic he' will be continued to Ma 3, 2004 at 7:45 .m.
4. Notice ofllltent Pub6e Bearing - Route 106 Reeonstn,adion - Jon Sullivan,
Town Engineer - SE211-698
The chairman read the public hearing notice for the installation of new paved surface on
portions of Route 106, with bridge and drainage work, with work within 100 feet of
certain wetland resource area.
John Sullivan, Town Engineer, presented the certified mail cards. Mr. Lewis said there is
a DEP file number, SE 211~98. Mr. Sullivan said he has submitted an application to
Natural Heritage because the site just barely touches the estimated habitat map. He said
he has not heard back from Natural Heritage on the application.
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Mr. Sullivan introduced Mark Bertencini and leffPeterson from VHB.
r Mr. Sullivan explained the plan for 1.9 miles of roadway reconstruction; the work is
outside any wetlands, but falls within the buffer zones of seven different wetlands. The
DEP letter questions whether the Canoe River Bridge replacement had to be included in
this notice. He said the bridge funding up in the air, so he has left it in the notice.
Mr. Sullivan said the project may be exempt under Section 2.2, paragraph 6, which talks
about maintenance and repair of roadways, but it requires the commission be notified of
the work. He said the project falls under limited project provisions because it is
maintenance. The work has been reduced because of a waiver from MassHighway on
road width requirements, so the work will remain within the existing roadway except in a
couple of intersections.
The pavement will be ground; new vertical curbs and new sidewalks will be installed, as
well as the replacement of Canoe River Bridge. Mass Highway felt the full replacement
is necessary. Mr. Sullivan said the existing abutments would be used for the new bridge.
The plan is classified as a redevelopment project because the drainage conditions will be
improved; the catch basins and curbing will be replaced.
No work will be done within the wetland areas; hay bales will be placed in areas adjacent
to wetland areas. There will be some bridge work within 100 feet of the river. There will
be about 26,000 square feet temporarily impacted, which is primarily for the repair of the
r existing roadway. There will be 350 feet of permanent change for the sidewalk.
Mass Highway will be bidding and constructing the project; if it is bid by September
2004, it could be done by the end of the year. The town will continue to maintain the
roadway when the work is complete.
Ms. Flass asked if the roadway over the Canoe River Bridge is salted; Mr. Sullivan said
he didn't know, but the salt would not effect the bridge's construction. Mr. Lewis said he
thought the bridge would be a no-salt zone. Mr. Boyden asked if the weight limit would
change; Mr. Sullivan said the load design will be increased.
Mr. St. Hilaire asked if the existing abutments limit the flow through the river; Mr.
Sullivan said the flow will not be impacted by any of this work.
Mr. Boyden asked about the curbing; Mr. Sullivan said it would be vertical granite. Mr.
Sullivan said the road width is 36 feet. There will be curbing and sidewalks added, as
well as some turning lanes and a light at the East StreetJ Route 106 intersection.
Mr. Sullivan said they are not planning to have a detour; there will still be two travel
lanes over the bridge.
Mr. Lewis said the hearing would have to be continued until the Natural Heritage letter
arrives. The hearing will be continued to April 12, 2004 at 7:45 p.m.
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s. Request for Determination of Applieability - Memorial Park, Hope Street-
John Sullivan, Town Engineer
The chair read the public hearing notice for the construction of a skateboard park with
grading and construction activity within 100 feet of a wetland resource area.
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Mr. Sullivan explained the site work, which will be done by the DPW and the
Engineering Department. The area will be 120 feet by 60 feet, paved and fenced, with
the structures on top. Some of the existing wetland flags from the tennis court expansion
were found; the engineering department has reshot the remaining flags. There is a 20-
foot buffer line from one wetland and a l00-foot buffer from another. No work is
proposed within 50 feet of the wetland. An erosion control fence and hay bales will be
installed at the top of the slope. The pad for the skateboard park will nearly match
existing grades, with slight fill on one end and a slight cut on the other. Test pits and
permeability tests have been done; calculations show the water will go back into the
ground using stone and a piping system under the pad. The pad will slope slightly toward
the path with a trench drain to pick up the water and a piping system to take it back into
the ground. With this, all the additional water from the new impervious surface will be
taken care of, including the l00-year storm event.
Mr. Sullivan said the intention is to have the facility done by the time school gets out in
June. There will be a few trees removed, but the two largest will be saved.
A sidewalk will eventually be added from the tennis court to the skateboard park. Some
new trees will be planted; no lighting is proposed. Mr. Sullivan said the work will remain
50 feet away from the wetlands. ~
Mr. Boyden asked how much maintenance the system under the pad would require; Mr.
Sullivan said it would simply be a stone system with perforated pipe to let the water out.
Ms. Flass asked about trash; Mr. Sullivan said there would be a 10-foot fence around the
park. Mr. Lewis said there are trashcans in Memorial Park that are maintained by DPW.
Mr. St. Hilaire said this facility wouldn't be open all the time. Pat Byrnes, Skateboard
Park Committee, said it would be supervised with set hours. Mr. Lewis said he has
visited the site and is satisfied.
Motion: To issue a Negative Three determination with erosion control shown on the
plan and notice prior to the start of work (Smith-Ready) All in favor. PASSES
Motion: To close the public hearing (Smith-Ready) All in favor. PASSES
6. Request for DetenniDation of Applicability - AageD Street fro. North Main
Street to Morini Street and. portion of Morini Street - John Sullivan, Town
Engineer
1he chair read the public hearing notice for the reconstruction of Angell Street and a
portion of Morini Street with portions of the drainage work within 100 feet of a wetland
resource area
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Mr. Sullivan explained the plan for the reconstruction of Angell Street, which had a water
( line installed two years ago. The road is in bad shape, and has a poor drainage system.
The request is for work within the buffer zone, mainly within the right-of-way of the
existing street. One drainage outlet pipe will be removed and replaced. The pavement
will be ground and the street repaved, a drainage system will be installed with catch
basins and four-foot sumps and a tormentor in place of an existing stormceptor to
improve water quality.
The drainage and trench work will be contracted out, and the DPW will rebuild the
roadway itself. The work will begin at North Main Street, loop around Angell and
Morini and back to North Main Street. There is an existing pipe discharging into a ditch
with a 2-foot pipe under the railroad tracks; the ditch is the wetland area. There will be a
drainage system installed for 1,100 feet of Angell Street. The new stonnceptor will have
a 24-inch pipe. The pipes along the line will be of varying sizes. Mr. Sullivan said the
flow will not be increased. He is proposing to put hay bales at the area of the flared end
outlet pipe.
Mr. Sullivan said he began looking at this issue when a resident requested he clean out
the ditch, which begins at North Main Street, runs over private land and is fed by catch
basins on North Main Street. Mr. Lewis said he has visited the area, and most of it is
existing lawn.
Motion: To issue a Negative Three determination with siltation control installed
~ (Ready-Smith) All in favor. PASSES
Motion: To close the ublic hearin ead -Smith) All in favor. PASSES
7. Correspondenee
1. Discussion of Order of Conditions for Fairfield Green, West Street
Ms. Ready suggested eliminating the last sentence of Condition E. Mr. St. Hilaire
suggested leaving that sentence in; Ms. Ready suggested amending it to read '~s work
will be limited to remedial grading and revegetation to protect and enhance adjacent
wetland areas."
Ms. Ready said Condition I should read "there have been communications."
Ms. Matthew said #3 should note the wetland replication and buffer zone work should be
done before construction. Mr. Sterling Wall said that was their intention. Mr. Boyden
suggested adding that to the end of condition #3. Mr. Lewis said the crossing to get to
the south part of the site will have to be completed to get equipment to the back of the
site; he said there may be some replication work done in phases depending on its location
on the site. Ms. Matthew suggested addinKthe replication work would be done ''to the
extent practicable." Mr. Boyden noted the replication will not be all in one spot, so the
replication would have to be reasonable.
Mr. Boyden ask~ about condition #4; Mr. Lewis said "erosion" should be added to the
end of that sentence.
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Ms. Plass asked about reports; Mr. Lewis said he would like weeldy updates.
Mr. Lewis suggested adding a sentence to #3 to read: "to the greatest extent as
reasonable and practicable... constructed either prior to or coincidental with foundation
grading and prior to any framing work."
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Ms. Flass asked about Finding H, which she said seems to be the crux of the
approval/denial. She suggested adding a reference to Section 2.5 because the grading
work is within 25 feet of the wetland area under the local by-law. Mr. Lewis suggested
adding that as a new second sentence to Condition E.
Mr. Boyden asked about #9, which talks about a qualified specialist described in #5; Mr.
Lewis said that should be #4.
Ms. Ready asked about # 17; it should read "no" material shall be dumped.
Ms. Flass asked if a deed restriction could be added to prevent things like salt being used
on the roadway. Mr. Lewis said that could be included in any ZBA permit as well, Ms.
Flass asked about snow dumping; Mr. Lewis said the plans show two or three snow
dumping areas, and the decision references the plans.
Mr. Lewis said #18 is a standard condition in every order the commission issues; he said
the project is still before the ZBA and if there are any revisions made by that board to the
plans, the commission would have to decide if there is less work in the buffer zone or less
impact; the commission could then issue another order. If there is more work or more
impact, the commission could decide if a new notice was needed.
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Ms. Flass said she wished the work could have been pulled further from the wetland line
and the density lowered, but she said they seem to meet the requirements of the by.law.
Ms. Matthew said she didn't think the plan meets the criteria of no long-term cumulative
effect because of the density, the stonnwater system and the impervious surface.
Mr. Boyden said he was concerned about something happening at the ZBA meeting that
would substantially change the plans. He said he was concerned about the long-term
effects of this project on Hodges Brook. Mr. Lewis said he would make the above
changes to the decision.
Motion: To approve the Order of Conditions as amended
(Smith-St. Hilaire) Five in favor. Matthew opposed. PASSES
2. Request for Certificate of Compliance - 254 Elm Street - SE211-194
Mr. Lewis said this was originally issued in 1987 for a septic system and grading work;
he has visited the site and didn't see any problems.
Motion: To issue the final certificate of compliance
(Flass-Smith) All in favor. PASSES
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3. Discussion of warrant article on dirt bikes, etc. on conservation land. Mr. Lewis said
this would allow the commission to post signs at each conservation area to put users on
notice about what can and cannot be done on the land. Mr. Lewis said enforcement is
very difficult, and hopes having this bylaw on the books would provide some level of
deterrent. Mr. Lewis said he would send a memo to the Town Manager to let him know
what the commission's intent really is.
4. Mr. Boyden said he had spoken with Mr. D' Agostino about the money spent on the
Walnut Street issue. Mr. Lewis said he has spoken with Mr. Mangiaratti regarding the
legal bill; Mr. Mangiaratti will be drafting a response. Mr. Lewis said Mr. Mangiaratti
sent a letter to Mr. Clemmey's attorney requesting a response to questions the
commission had asked quite a while ago. He said the soils expert the town hired looked
at the wetland area and found it was at least the 7,800 square feet referred to in the VHB
report. Mr. Lewis said Dr. Carr is preparing a response to that report. Mr. Lewis said
Mr. Clemmey has requested a gravel removal permit to remove the berm adjacent to the
wetland area. Mr. Lewis has spoken with Mr. Sullivan, who said the proposed grade
lines are incomplete because they don't tie in. Mr. Sullivan has spoken with the
Appledore design engineer and asked him to provide another plan showing the area being
disturbed. Mr. Lewis said there is an existing Order of Conditions on the whole site, and
Mr. Clemmey wants a revised order for this work. However, without seeing the revised
plan, Mr. Lewis said he is not inclined to make any changes.
5. Mr. Lewis said there will be a hearing on April 15 on the Carrigan/School Street case;
r Attorney Susan Jacobs plans to ask for a summary judgment.
Mr. Boyden asked for volunteers for a vice chairman. Ms. Matthew nominated Mr. St.
Hilaire; Mr. St. Hilaire nominated Ms. Flass. Ms. Matthew withdrew her nomination of
Mr. St. Hilaire. Ms. Matthew nominated Mr. Bean.
Motion: To appoint Mr. Bean vice chairman (Matthew-Ready) All in favor. PASSES
6. Minutes October 27,2003, November 17,2003, January 12,2004, January 26, 2004,
February 9, 2004
Motion: To approve as submitted (Flass-St. Hilaire) All in favor. PASSES
Mr. Lewis said because one of the 40B projects is under appeal, those units cannot be
counted toward the town's 10 percent affordable housing by-law. He said there is an
inclusionary zoning article on the Annual Town Meeting warrant, which would require a
certain number of affordable units in every new development.
1.4. . Adjoununent
Mono . To adjourn at 10:30 p.m. (Flass-Matthew) All in favor. PASSES
Da fNext M ting: April 12, 2004 at 7:30 p.m.
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Da f Approval /
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