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Conservation Meeting Minutes 05/20/2013

Members Present:        Mark Coakley, Jeff Walsh, Charlene Franz

Members Absent:         Chip Burkhardt, Joe McGrath

Others Present:             See Attached Sign-In Sheet

Recorder:                      Melanie Rich

PUBLIC HEARING – James Goulet, 383 Sewall Street – Notice of Intent and Stormwater Control Permit Application to create a 6-lot low impact development residential subdivision and associated drainage improvements.

Wayne Belec (Project Manager) and Brian Waterman (Wetlands Specialist for Waterman Designs) were in attendance along with Jim and Shawn Goulet.  Mr. Waterman gave a summary of the existing conditions.   It is a mainly wooded site with a 200’-210’ drop across the site.  There is an intermittent channel, elevated wetland, perennial stream (no flow when he delineated it), three certified vernal pools, and existing paved drive to the house with an historic cart path.  He said he delineated around the pond and into the channel.  

Mr. Belec said the existing conditions are defined by three watershed areas (as indicated in the Stormwater Report).  Mr. Goulet purchased the property in 2010.  It was issued a comprehensive permit in 2006 by the ZBA.  They were before the commission in November 2012 informally.  They received Planning Board approval for a loop road.  They are proposing a 20’ paved roadway with no curbing.  The house lot ranges from ¾ acre to 8.1 acres on Lot 5, with eleven acres being put in a conservation restriction.  They are proposing the road be accepted as a public way.  An NOI will be submitted to EPA and a SWPPP will be retained on-site during construction.  An anti-tracking mat will be used at the driveways along with erosion and sediment controls.  There will be a stock pile area with a silt barrier around it.  Erosion barriers will be put along the Bedard property line.  Basins are designed per DEP.  A sidewalk is proposed along with street trees, hydrants and town water.  Graves Engineering did the peer review for the Planning Board.  A site walk was held today with the abutters.  The property line was brought up by the Podolskis and Bedards.  Mr. Belec found it to be incorrectly marked.  The barn will now shift up gradient slightly.  Mark Coakley explained to the audience members how the workflow operates from the commission standpoint.  Jeff Walsh said he would like to reserve the right to peer review regarding the wetland delineation in the event something is found at the site visit.  Mr. Belec said there would be additional filings for Lots 3 and 5.  Mark said the Order will have conditions regarding future filings.  A site visit will take place on Thursday, May 23rd at 5:30 p.m.  Melanie will send a reminder to all members tomorrow.  Mark will contact Graves Engineering for stormwater review.
Steve Lewis (381 Sewall Street) said he is not opposed, but asked what the purpose was of going within the buffer zone or wetlands and mentioned a 500’ bylaw regulation.  He was told the regulations allow work around the buffer and the 500’ bylaw regulation pertains to subdivisions.  The commission can only speak to wetland issues.  Jeff explained that we have a local Stormwater Control Permit bylaw that needs to be applied for when disturbing one acre or more.  The state requires a Notice of Intent filing with the commission if work is being proposed in the resource area (by the buffer zone, but not in it).  Mark told Mr. Lewis that the work needs to mimic the drainage conditions.

Mr. Belec said the sidewalk will follow the topography.  Mark suggested to the audience that to better understand a low impact development project they should visit Redwood Circle.  It can be compared to the Pulte project off Green Street (Maple Way).  

Kathie Bedard (397 Sewall Street) said the runoff is toward her property.  She currently plows it into water in the winter so water does not go into her house.  She asked how it would be handled if it did.  Mr. Belec said she would notify the Homeowner’s Association and they would take care of it.  He said Graves Engineering is aware of this.  He also said there are some depressions that tend to collect water.   He further said they are complying with local and state requirements.  Ms. Lewis asked what happens if they do all they say and it does not work.  Mark said it would become a land court issue with the Homeowner’s Association or landowner.  Mr. Belec said town council is drafting the Homeowner’s Association and Conservation Restriction.  Mark told Ms. Lewis we will make sure peer review is aware of the issues.

Christine Lewis (381 Sewall Street) said she also plows the backyard and asked why they need a Homeowner’s Association if it is a public road.  Mark said it was a strategy by the Board of Selectmen to have associations for upkeep.  The possibility of a piping system and drywell were briefly discussed.  Mr. Belec requested a continuance.  Mark Coakley made a motion to accept the request for continuance; Charlene Franz seconded; all agreed.  It will be continued to June 17th at 7:05 p.m.

Farooq Ansari (Longley Hill Update) – Mr. Ansari apologized for not attending last months’ meeting.  He said the concern was with the silt fence which was partially down due to snow cover.  They plowed the snow, fixed the fence and the occupancy permit was signed off.  He is loaming and seeding, which will be completed by the end of May.  The loam is down on Lot 3, but not spread yet.  Jeff visited the site today and said the erosion and sediment control barriers are up.  Mr. Ansari was asked to take care of the first lot on the right which is open.  Mark said there are some catch basins he can tie into.  Mr. Ansari said his men established ponds and he has worked closely with Paul McManus (EcoTec).  The two large ponds are almost completed; all that is left is the outflow.  He will then loam and seed.  He said he is monitoring the Central Street side carefully.  He is ready to loam and seed the sloping side.  It was suggested he use geo-fabric.  He also said retaining walls will be put up at the blue house.

Commission Business

Vouchers were approved.

Review & approve Meeting Minutes dated April 22, 2013 – Tabled

Reorganization – Tabled

Newton Pond – Jeff visited the site and is pleased that the water level is up to the top of the steel.  Mark suggested we request a status report since we still have an open Enforcement Order.  Melanie will ask for the status report in writing for the next meeting.

Compass Pointe (Main Street) – Nothing has changed; no grass.  Mr. Venincasa will be invited to the next meeting for a status update.

June 17th was confirmed as the next meeting date.

David Skarin (ERA Realty) attended on behalf of his clients at 188 Cross Street.  In 2011, the flood maps were revised which put them in a flood zone.  The potential buyers found that the insurance binder will be $4,200.  Mr. Skarin asked if there was any help the commission could provide.  Unfortunately, the commission does not have the ability to change it (resources or jurisdiction).  It was suggested they hire a surveyor or engineer to do a “flood certification”.  

Mark Coakley made a motion to adjourn; Jeff Walsh seconded; all agreed; motion approved.  The meeting adjourned at 8:40 p.m.