HomeMy WebLinkAboutmin of conservation comm 042307
r
":) REef
t :~fr.- i)L~FD
" Of"'
Conservation Commission Meeting 071111 rIa '. Uj' F fC"r:
April 23, 2007 Hit j\~(' ", PI1 I: 47
HASS/~CH'/~:LD
Present: Colin Cauldwell, Chair; Paul Boyden, Vice Chair; Carole Matthew; Be'//..) ErrS
Monachino; Jack Smith; Cindy Ostrowski; Joe Mulkern; Michele Grenier,
Conservation and Environmental Planner.
I'.~!
,:\ "
Because Colin had not arrived yet, Paul opened the meeting at 7:05 pm.
Michele performed a site walk on April 4, 2007. The planting was done last fall and all
the vegetation has survived. She told the Commission the MacLeans are selling the house
and she recommends the Certificate of Compliance be issued.
Cindy wanted to know how many growing seasons would the plantings be monitored and
how does this get determined. She said there were plantings that looked as if they had not
survived the winter. Michele said these plantings were not something Barry had planted
under the Order of Conditions. Michele said Mr. MacLean planted last fall, all the new
r plantings survived the winter with hardly any snow cover and she does not feel the
plantings need to be monitored beyond this year.
Cindy also wanted to know if the Commission had asked Mr. MacLean to put signage
reading "Environmentally Sensitive Area-Do Not Disturb" in the area. Michele does not
think signage was one of the conditions. She will look back at the minutes to make sure.
Paul thought the Certificate of Compliance should be tabled until the minutes of the
initial hearing have been reviewed. Cindy wanted to know if at this time, the
Commission could require the signage.
Michele said because the Order of Conditions has already been issued, you cannot require
the signage now.
Cindy also noticed logs, shrubs and brush piles near the wetlands. Barry was asked to
leave the piles in the back of the property but was given permission to remove any dying
or dead trees in the Order of Condition, dated May 16, 2006.
Ben made the motion to issue a Certificate of Compliance for 13 Oakleaf Drive, subject
to whether signage was required when the Order of Conditions was issued.
Cindy seconded.
Passed 6-0.
r
,.-
('
The Request for Determination of Applicability was filed to tie the proposed
development into the municipal sewer system. Attorney Ed Valanzola, Tim Williams of
Allen & Major and Doug Richardson of Pinnacle were present.
The proposed project site is located north of the crossing of 495 over School Street and
bounded by 495 to the south, Old School Street to the northwest and School Street to the
east and is comprised of three existing parcels totaling 1.88+/- acres. The project site
contains no wetlands. Approximately 2,000 sq. ft. of the northerly parcel falls within the
100 ft. wetland buffer.
The proposed project consists ofa single 8,250 sq. ft. commercial building split up into
3,750 sq. ft. of retail space and a 4,500 sq. ft. bank, as well as associated driveways and
parking areas, granite curbing and concrete sidewalks, landscaping, subsurface drainage
and utilities and underground infiltration to mitigate stormwater runoff.
The proposed stormwater management plan calls for the use of catch basins equipped
with SNOUT Oil and Debris stops, water quality inlets, underground filtration and
infiltration, as well as an operation and maintenance plan prepared in accordance with the
Massachusetts Department of Environmental Protection.
r-
The proposed project and associated site activities are outside of any wetland resources.
To tie the proposed development into the municipal sewer system an approximate 300 sq.
ft. area will be disturbed within the 100 ft. wetland buffer.
When the applicant met with Michele for a site plan meeting, she said she wanted to walk
the site to make sure there were no wetlands other than what was already on the plan.
The plan is accurate-there are no other resource areas on site.
John Sullivan, Town Engineer reviewed and is ok with the plans.
There will be a hay bale/silt fence line around the entire site especially around the catch
basin inlets to avoid allowing sediments to enter the storm drain system during
construction.
Ben made the motion to accept the plan for 321-339 School Street, dated March 27,2007,
and to issue a Negative Determination 3.
Carole seconded.
Passed 6-0.
The Notice of Intent was filed for the construction of a 7,600 sq. ft. training center
,,- expansion and an increase in site parking and trucking areas.
2
, -
Doug Hartnett of Cubellis was present.
r
Michele performed a site walk. She said this is an isolated vegetated wetland. It is a
small area and most of it is for stormwater management. It is an existing site, and all
activity is outside the 25 ft.
Carole wanted to know if the isolated wetland triggered the Army Corp of Engineers or a
401 Water Quality study. Michele said it does only if there is an alteration. The project
is 50 ft. away from the resource area and there is no alteration.
Doug told the Commission the project is for the construction of a 7,600 sq. ft. training
facility, with an expanded parking lot to accommodate the building expansion and the
storm water management. The building itself is entirely outside the buffer. A small
portion of the parking lot and the stormwater management is within the 50 ft. buffer zone
of the isolated wetland.
Most of the drainage will be going into the Municipal water system. The work will not
increase peak flow.
Sanford Ecological Services, Inc. flagged the wetlands in January 2006. Michele had
walked the wetland line before the project was submitted and approved the delineation.
Hay bales will follow the 25 ft. line.
r Doug said they would be going before the Planning Board May 9th. John Sullivan is still
reviewing the drainage. Michele said John did not have a problem with the site, just a few
minor comments.
Paul questioned the amount of flags on this site and the many colors. He feels one color
should be designated for wetland flagging to eliminate the confusion seen on this site.
Ben made the motion to approve the Order of Conditions for 440 Forbes Boulevard, as
shown on the plan submitted by Cubellis and dated February 23,2007, pending approval
by John Sullivan of the Engineering Plan.
Carole seconded.
Passed 6-0 with Colin abstaining.
Colin took over as Chair.
Brad Hastings, the homeowner, was present.
,-..
I
The Notice of Intent was filed for the construction of a 26x60 addition with related
grading within the 100 ft. buffer of bordering vegetated wetlands. The plans include a
garage with an in-law apartment. The existing garage will become a family room. A
3
, -
r
small paved area will be added to connect the driveway to the new garage. Fill from the
construction will be redistributed.
Michele had asked that a dry well be put on the plan for roof drainage and new plans
were submitted tonight with the dry well added.
Paul noted there is not a locus on the plan. Michele will tell Ralph Maloon of RIM
Engineering that in the future, he needs to add the locus to every plan submitted. Paul
also noted there were no elevations on the plan concerning the wetland line flags. He
would like to make it a requirement when submitting plans to have the elevations
included.
Michele did a site walk, the delineation is correct and she recommends an Order of
Conditions be issued.
Cindy wanted to know if one drywell to handle all the roof drainage is sufficient. She
also was concerned about debris near the wetlands and would like the site to be
monitored during construction so the area remains clean.
Linda and Paul Kelly of 19 Angelina Lane were concerned about the water displaced
during construction. The addition of the dry well should eliminate any additional runoff
because it will be recharged into the ground.
r
Hay bale line will need to be certified. Signage on 50 ft. centers on the 25 ft. line to read
"Environmentally Sensitive Area-Do Not Disturb", on metal poles will also be required.
Cindy made the motion to accept the revised plan, dated 4/23/2007, denoting the added
dry well /roof drain, for 11 Danielle Lane and to issue an Order of Conditions with the
following added conditions: hay bale line must be certified; signage reading
"Environmentally Sensitive Area-Do Not Disturb" on the 25 ft. line on 50 ft. centers, on
metal posts, not on trees; clean up site especially the compost pile close to the wetland;
trash on site to be monitored to keep the site clean during construction.
Ben seconded.
Passed 7-0.
Ann McMenemy of ERM, Ana Paulino, of SR W /WS and Vaughan Totovian, Civil
Engineer with ESS Group, Inc. were present.
Ann came to the meeting to update the Commission on minor plan modifications and to
get the Commission's approval for plan adjustments. She explained that during the
construction process, several concerns have arisen that do not significantly change the
permitted activities but are negligible modifications. The plan amendments are shown on
plans revised March 14, 2007.
,.-..
4
Wetland Replacement Area 1.
('
Ann told the Commission that not enough area is present to mitigate for the 19,520 sq. ft.
of constructed wetland that was permitted. The mitigation numbers have been revised to
show that 14,207 sq. ft. of mitigation for bordering vegetated wetland will be created at
this location. To meet the permit conditions and provide the same amount of mitigation,
an additional wetland replacement area has been designed, Wetland Replacement Area
2A. Michele approved the design for Wetland Replacement Area 2A.
Because contact with ground water could not be met according to DEP requirements,
revised plans reflect the minor adjustments made to Wetland Replacement Area 1 as a
result of lowering the base grade to contact the groundwater. Ann expects the grading and
the installation of soils and plants for this area to be completed in the spring.
Wetland Replacement Area 2
This area will be constructed as planned.
Wetland Restoration Area I
('
Ann said in this area there is new growth of phragmites australis (common reed) and if
construction of Wetland Replacement Area 2 proceeds without removing the common
reed, it will be difficult to keep the plant from aggressively moving into this area. Ann
feels excavation of the rhizomes in this area will successfully eliminate the phragmites.
This area is located on the former gravel haul road and lacks woody plant species.
Following the excavation of the area, plantable soils will be spread and the same woody
plants to be planted in Wetland Replacement Area 2 will be used in this area. Ann said
the area would be monitored for re-growth of the common reed. Other actions will be
used if there is are-occurrence.
Activities at the Pond.
In additions to the activities already permitted in the Order of Conditions, two additional
uses of the pond have been discussed.
The outdoor equipment retailer, LL Bean, a tenant in the
Life Style Center, would like to utilize the pond for fly casting and kayak demonstrations.
ERM and ESS has designed a small area on the edge of the pond where LL Bean can
hold small workshops and demonstrations of equipment.
The design will allow for limited access to the pond via a small seasonal dock and the
continued mowing of a narrow strip ofBVW and Buffer Zone for fly casting
demonstrations and workshops. This area, the southwest edge of the pond, as been
maintained by mowing for decades. The support piers for the dock will be positioned out
of the resource areas. The dock will be made of recycled materials and will be hinged so
it can be removed from the water in the winter or when not in use. LL Bean would also
,,-
5
r
like a walking path leading to the already mowed area. No fishing or stocking of fish will
occur. Ann explained that the fly casting demonstrations do not use hooks or bait.
Michele approves of the work because the area has been mowed for years and by
enhancing the use of the pond, she believes the pond will be better cared for.
Mitigation for the continued mowing of this demonstration area will be compensated for
in Wetland Replacement Area 2A with woody plantings. Because of the fly casting
demonstrations, buffer zone Enhancement Area D 1 will be modified, eliminating the
trees and shrubs that would have been planted there as they would interfere with the fly
casting. The number of plants to be planted in this Enhancement Area (Buffer Zone
Enhancement Area D 1 will remain the same.
Treatment of Invasive Aquatic Plants.
During the completion of a wildlife habitat evaluation in September (one of the special
conditions), milfoil (Myriophyllum heterophyllum), a non-native water plant, was
observed in all areas of the pond where the water depths are less than 12 feet. Ann told
the Commission the invasive species accounts for about 75% of the vegetation in the
pond. She explained that milfoil reproduces rapidly and is taking over the native aquatic
species in the pond.
r
Ann told the Commission that Aquatic Control Technology, Inc., a firm specializing in
pond and lake management, has assessed the pond to find the most practical method to
manage the pond for milfoil. Cutting or hydro-raking will only provide seasonal control
and is disruptive to the pond. Aquatic Control Technology has suggested the use of
2,4/0 granular (Aqua-Kleen or Navigate). The herbicide is a systemic-acting herbicide
that will kill the entire plant, including the root system. It was suggested, due to the high
plant density, that two successive years of treatment would be required and then
maintenance treatments every 1-2 years.
Following the initial treatment, Ann anticipates some algal growth and loss of water
clarity until the native plants re-grow. She said the pond would probably have to be
treated with an algaecide or buffered alum during the first two years of treatment. After
the initial two-season treatment, the pond will be reevaluated to determine what will be
required to keep the pond free of the invasive plant.
Ann will be applying for A License to Apply Chemicals from the Department of
Environmental Protection. Ann explained she would need confirmation in writing that the
Commission agrees with Aquatic Control Technology's assessment of the pond and the need
for invasive species management.
Another issue is Intermittent Stream C. During installation of the two culverts and flow
control inlets, temporary construction activities inadvertently occurred in this stream
channel.
r
6
r
The channel has been reestablished with organic soils, a wetland seed mix and an erosion
control blanket has been put in place to hold the soils and seed in place until the growing
season starts. The native shrubs in the area were not harmed so no replanting is
necessary .
Ann said letters would be sent to notify the Department of Environmental Protection and
the US Army Corps of Engineers of the minor modifications pursuant to Sections 401
and 404 of the Clean Water Act.
Ann told the Commission she would be glad to meet the Board on site to show them the
progress of the project and to answer any questions they may have regarding the project.
She also told the Commission wells would be installed for irrigation instead of drawing
from the pond. They have found there is not enough water in the pond for irrigation.
Using the pond will impact the bank.
Colin asked Ann what she needed from the Commission. She needs the approval for the
modifications for 1,2, 2A Replacement Areas; Wetland Restoration Area, including the
approval of the methodology outline by Ann for the removal of the phragmites; the
approval of the use of the pond for workshops and demonstrations by LL Bean; the use of
herbicides for the removal of Invasive Aquatic plants from the pond.
r
Ben made the motion to accept the modifications in Replacement Areas 1, 2, 2A and the
modifications for Wetland Restoration Area 1, to include the removal of the phragmites
by excavations, shown on all plans except D 19 (Revisions to Grading & Vegetation,
dated 3/14/07)
Joe seconded.
Passed 7-0.
Paul would like a construction plan submitted for the docking area, to include the
materials to be used and a summary of the activities to be associated with LL Bean's
usage of the pond. A maintenance plan should also be submitted for the area to assure
the dock is properly maintained and the area is kept clean and safe. Paul would like some
assurance that only authorized people are using the area. Ann said the area will be fenced
in and only LL Bean and the customers will have access to the pond.
Colin and Michele both agreed Ann should look into the way the Audubon Society
constructs docks/water structures.
Colin made the motion to accept the concept of the dock/casting area and the continual
mowing of the bank pending the submittal of a construction plan; a detailed materials list
to be used in the construction of the dock; the frequency of use and the number of people
using the area.
Paul seconded.
Passed 7-0.
,,-
7
r
In regards to the treatment of the invasive aquatic plants in the pond, the Commission
would like to have more information on alternative methods to eliminate the milfoil.
They would like to know if another herbicide other than 2,410 would be as effective in
treating the pond. A plan for re-vegetation of the treated area would also need to be
submitted. The Commission would like information on other ponds/lakes that have been
treated with 2,410.
Ann said there are three ways to handle the milfoil: chemical, biological and mechanical.
The best method is the use of a chemical. Ann will get alternative analysis data from the
contractor in regards to the use of 2,410. She told the Commission that DEP approves of
the usage of2,4/D.
Colin agrees the treatment needs to be done but other methods need to be explored to
eliminate the invasive species and still maintain the health of the pond. The chemicals to
eliminate milfoil will affect other growth. "We need to balance off the ecological
damage done to the pond by the use of herbicides and the aesthetics of the pond". He
would also like to know how the chemicals degrade and how fast.
Cindy was concerned with the possibility that the chemical would drain down stream,
possibly affecting other areas. Michele feels the break down of chemicals is quick, not
enough of the chemical will travel down stream to affect the other areas.
r
Colin asked if the pond could be blocked off so the water won't travel downstream when
the treatment is done. Can it be drawn down before treatment begins? Ann will ask if
this can be done before the application.
Michele told the Commission she has made almost weekly site visits and everything is in
order. She and Ann commented about the construction crew; if Ann asks for hay bale
replacements or anything else on site, it is done immediately. Ann has also been on site
every week and during every rain storm.
Colin told Ann he had walked the site at the start of the work and recently.
He told her he was very impressed with the project and how any problems that arise are
solved quickly.
If Ann can get all the information concerning the dock/usage of the pond by LL Bean and
the use of chemicals to eliminate the milfoil in the pond the Commission has asked for
she will come back on May 7th, if not she will come to the May 28th meeting.
Revised plans have been submitted and Engineering has approved the plans. Michele
told the Commission she would recommend a chain link fence be installed around the
entire wetland area.
r
The hearing is scheduled to May 7th
8
. .-
r-
Wally Palladino, 1817 West Street: Mr Palladino came before the Commission in August
of 2005 to replace an existing wall which had deteriorated with a new one on Greenwood
Lake.
The new wall has fallen into the lake.
Michele and John Sullivan, the Town Engineer, performed a site walk to determine the
extent of damage to the new wall. It was determined the wall needs to be replaced.
On April 9, 2007, Michele sent a letter to Mr. Palladino asking him to hire a professional
engineer and have the wall correctly contructed according to retaining wall specifications.
She also asked that an existing dock on the property be removed or replaced immediately.
Mr. Palladino is in the process of hiring an engineer to properly design the wall.
Shaun Kelly, 20 Carol Road: Town Council is preparing paperwork for a court date.
Ben made the motion to approve the minutes of March 26, 2007.
Carole seconded.
Passed 6-0. Paul abstained.
---
Paul made the motion to adjourn at 10:00 pm.
Ben seconded.
Passed 7-0.
~:!J'M':Jt:,("7~)
iJ!:. zt {(ili.) S'~~ '
Colin Cauldwell, Chair
Date
~
(
\
---
9
, -