Minutes of Meeting
October 4, 2007
Present: R. Willis, C. Botchis, A. Tolland, P. Murphy, J. Fournier, M. Allen & J. Senterman,
Associate Members
Absent: M. Cohen, P. Boncek, Nick Alfieri, Acting Conservation Agent
There was a motion to accept the minutes of the September 20th meeting with a few corrections. The motion was seconded and accepted with a vote of 5-0-0.
Discussion – 58 Populatic Street – Eknaian
Mr. & Mrs. Jack Eknaian, homeowners of 58 Populatic Street, both appeared before the Commission for a discussion on work that Mr. Eknaian was observed performing at his property on Populatic Pond.
Mr. Eknaian informed the Commission members that he appeared before the Commission in May 2004 and the Commission conducted a site walk of his property and informed him that he should plant blueberry bushes on his property. Subsequently, the water from the pond rose up onto his property and killed most of these plants. He asked Mr. Vacca what to do with the seaweed from the pond and if he could leave it on the beach. Mr. Eknaian covered the seaweed with sand and left it on the beach.
The Commission will walk site on Sunday, October 7th at 10:30 a.m. so that the Commission may advise Mr. & Mrs. Eknaian on what they are and are not allowed to do at their property and how to proceed with the Commission.
Continued - Public Hearing – Notice of Intent – 3 Mount Street – Adelstein - CE159-950
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Ms. Judy Schmitz, the botanist for the project, both appeared before the Commission for removal of vegetation, reclaim manmade pond, repair basketball court and upgrade walking paths on the site.
Mr. Nielsen stated that the plans have been revised for the lower pond to provide a second discharge to the spillway which runs to the intermittent stream. Mulched area will be provided around the lower ponds on the site. The homeowner will request to remove the aquatic vegetation which has choked off the pond by hand with no machinery being brought in to the site. A number of fruit bearing trees will be planted for wildlife habitat purposes and this is depicted on the plan.
Ms. Schmitz informed the Commission that there are invasive species around the lower pond, in particular, and some of the ivy plantings have started to choke some of the larger trees in that area. The removal of invasive species was recommended by Ms. Schmitz and can be done with no detrimental effects to the wetland.
Mr. Nielsen stated that no heavy equipment would need to be brought through the wetland. All of the area to the west of the pond is overgrown with bittersweet and can only be cut with the presence of the Conservation Agent and at the direction of the botanist. The invasive species removed from the pond will be dried and placed to the west of the shed on the site. This material could also be spread out elsewhere on the site and allowed to compost in an upland area. The drainage structure will be repaired.
A perpetual condition in the Orders of Conditions was discussed regarding the continued maintenance for this work.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Map 292, Parcel 2 Spring Street – Maggiore - CE159-951
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, Mr. David Mann, Construction Supervisor for the Maggiore Companies, and Ms. Judy Schmitz, Botanist & Wetland Scientist, all appeared before the Commission for roadway improvements.
There was recently a site walk conducted by the Commission. The actual roadway going through the wetlands and proposed drainage area for the detention ponds was explored and the Commission was satisfied with the wetland boundary as noted on the plans. The width of Spring Street varies in width and is narrowest at the proposed wetland crossing and then widens out to 20 ft. There will be replication proposed for the project and plans for this have been included in the Notice of Intent.
Mr. Nielsen stated that there are no endangered species adjacent to or on the site. There are no Natural Heritage issues or vernal pools on the site as well.
Ms. Schmitz stated that she performed a wildlife habitat assessment of the altered areas. The wetlands to be altered will be replicated in the depicted replication areas on the plans.
The Commission requested that a third party review be done and a comment letter be sent to MEPA stating the project is under review and they are undertaking a third party review. The applicant would bear the cost for the consultant.
The consultant would check the flags in the vicinity of the roadway that is impacted. The Commission would call three firms and get a proposal from each firm. Mr. Nielsen requested that he and the applicant be given the opportunity to review the three firms before one is chosen. The Commission would outline the scope of services themselves.
The Commission Chairman informed the applicant that a file number was received from the DEP. The DEP also requires a 401 Water Quality Certificate, an Army Corps permit as well as an ENF for this project.
Mr. Nielsen stated that an ENF has been filed for the project. The 401 Water Quality Certificate will be complied with after the Orders of Conditions have been issued as well as the Army Corps permit. There are approximately 60 trees proposed to be removed for the project.
The Commission Chairman stated that an Email has been received from a Commission member who could not be in attendance at the meeting tonight regarding this project and this has been added to the file.
A Commission member stated that the detention basin on the site has invasive species and proposes that the Orders of Conditions include a special condition address the prevention of the spreading of these invasive species to the replication area.
A Commission member also questioned the access to the State Forest and the parking area at the end of the roadway. Mr. Nielsen stated that there will be pedestrian access to the state forest between Buildings 6&7. This Commissioner questioned whether the applicant requested Planning Board approval to reduce the width of the roadway. Mr. Nielsen’s response was that falls under the jurisdiction of the DPW.
During the site walk, it was noted that Spring Street is a scenic road and falls under the Scenic Road Bylaw and questions were raised by Commission members regarding the replicating of trees and where would the trees go and what would happen to the stone wall. Mr. Nielsen stated that the Scenic Road Bylaw falls under the jurisdiction of the Planning Board and the applicant has not yet received comments from the board yet.
Another Commission member stated that he recommends that a comment letter be sent to MEPA regarding the undertaking of a third party review.
The Commission members stated that there are many issues with the project and would like another consultant to go through it thoroughly and report to the Commission. Mr. Nielsen would then respond to the choice of consultant and proceed from there.
Ms. Schmitz asked if the consultant review should include every wetland flag. The Commission Chairman stated that he would be looking for the part of the wetland that would be directly impacted by the roadway and within a certain vicinity of that only. Mr. Nielsen stated that he would like to have Ms. Schmitz present on the site with the consultant.
The Commission Chairman noted that there was no one present in the audience who had any issues regarding this project.
The Commission requested that the Conservation Agent start the process of obtaining proposals for the hiring of a third party consultant.
There was a motion to continue the hearing until October 18th. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – 9 Crystal Drive – Johnson - CE159-949
Mr. Bill Halsing, Engineer of Land Planning, appeared before the Commission for the construction of additions, decks and patio. Mr. Halsing submitted revised plans for the Commission’s review for the project and informed the Commission that these reflect the comments from the recent site walk.
Mr. Halsing stated that the stockpile area is located at the rear of the deck and will be accessed through the existing driveway. The lumber stockpile area will be located between the area of work and the siltation barriers.
The Commission members stated that they look favorably upon the revised plans. It was noted by a member who was present at the site walk that, in his opinion, the only issue is that there is evidence of clear cutting disturbance back to the stone wall. This was performed a few years ago according to Mr. Halsing. The Commission informed the homeowner to cease cutting in this area to allow the area to return to its natural state.
It was requested by a Commission member that the DEP number be noted on the construction sequence on the plans. Also, that the bittersweet located by the driveway be eradicated. A special condition was proposed that the 2 or 3 trees located close to the resource area be strapped. Also, that concrete bounds be erected to delineate the edge of the cultivated area.
The Commission Chairman noted that there was no one present in the audience who had any issues regarding this project.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – 1 Woodland Park – Kirk – CE159-947
Mr. Harvey Kirk, the applicant, appeared before the Commission for the repair and replacement of existing cesspool, relocation of existing garage and construction of addition to existing dwelling. Mr. Kirk stated that he is present at tonight’s meeting to address a Commission member’s concern regarding the bridge, which must be used to access his property.
A Commission member inquired of Mr. Kirk as to who owned the bridge and Mr. Kirk informed him that he owned it and it was also insured. A question also arose as to limit of the weight that the bridge could hold. Mr. Kirk informed the Commission that the concrete will be pumped across the bridge for the construction work. The length of the bridge is 150 ft. and the building materials will be brought over the bridge in small loads. The excavation equipment will consist of a backhoe only. The means and methods and general sequence of construction was requested by the Commission.
Some special conditions proposed by the Commission for the project were the pumping of concrete, the storage areas before the bridge, the shuttling of material across the bridge and the
heaviest equipment crossing the bridge would be the backhoe.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Enforcement – 367 Summer Street
There was a discussion among the Commission members regarding the above-mentioned
Enforcement matter. The Chairman stated that the applicant had built a dam to control the runoff from their property. An Enforcement Order has been issued to the applicant along with fines and the applicant has not yet complied with this Order.
The applicant was required to hire an engineer to develop a plan to remediate this problem and the work was required to be completed by August 31, 2007 and as of today’s date, this work has not yet been completed.
The Commission Chairman informed the Commission that he will draft a letter to the applicant and stated that they are ordered to appear before the Commission at the next meeting to address this issue and failure to do so would result in the levying of the fines.
There was a motion to authorize the Chairman to redraft a letter to the applicant to request that they either begin the work or appear at the next meeting explaining why they have not yet begun the work or when it will be completed or the Commission will issue the fine of $89,875.00. The motion was seconded and accepted with a vote of 5-0-0.
Minor Buffer Zone Activity: 47 Wampanoag Drive
The applicant has requested the removal of an existing deck and the construction of a new 16’x24’ deck on five 12” footings. The work will be on previously disturbed area.
There was a motion to issue a Negative Determination with the 2 standard special conditions. The motion was seconded and accepted with a vote of 5-0-0.
Minor Buffer Zone Activity: 62 Southgate Road
The applicant has requested to install a new door and deck on sono tubes. The closest point to the resource area is 120 ft. The Commission requested that the applicant stop throwing debris into the resource area.
There was a motion to issue a Negative Determination with the 2 standard special conditions. The motion was seconded and accepted with a vote of 5-0-0.
Permit Decision: 266 Daniels Street - CE159-948
There was a discussion among Commission members regarding the issuance of Orders of Conditions for this project. The roof drain has been added to the plans at the request of the Commission at the last meeting.
There was a motion to issue Local and State Orders of Conditions with the standard conditions. The motion was seconded and accepted with a vote of 5-0-0.
Certificate of Compliance: Lot 53 Shady Lane - SE159-894
There was a discussion among Commission members regarding the issuance of a Certificate of Compliance for this single-family home. The site was inspected by the Conservation Agent and the lot is stable with grass growing.
There was a motion to issue a Certificate of Compliance for Lot 53 Shady Lane. The motion was seconded and accepted with a vote of 5-0-0.
Certificate of Compliance: Lot 55 Shady Lane - SE159-895
There was a discussion among Commission members regarding the issuance of a Certificate of Compliance for this single-family home. The site was inspected by the Conservation Agent and the lot is stable with grass growing.
There was a motion to issue a Certificate of Compliance for Lot 55 Shady Lane. The motion was seconded and accepted with a vote of 5-0-0.
Signed Determinations of Applicability, Orders of Conditions & Certificates of Compliance
Determination of Applicability (Negative) – 62 Southgate Road – Duncan
Determination of Applicability (Negative) – 47 Wampanoag Drive - Mitchell
Orders of Conditions – 266 Daniels Street – Minkle - CE159-948
Certificate of Compliance – Lot 53 Shady Lane – Maple Sands Corp. – SE159-894
Certificate of Compliance – Lot 55 Shady Lane – Ronca Realty Trust – SE159-895
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 9:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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