Minutes of Meeting
September 3, 2009
To: Town Clerk
cc: CRWA
Members
File
Present: J. Fournier, J. Senterman, C. Botchis, A. Tolland, R. Willis, J. Livingstone N. Alfieri, Conservation Agent
Absent: M. Allen
There was a motion to accept the minutes of the July 16th meeting. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion to accept the minutes of the August 6th meeting with one correction. The motion was seconded and accepted with a vote of 6-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Discussion: Remington Middle School
Mr. Russ Holden, science teacher at Remington Middle School, appeared before the Commission for a discussion on a proposed project with himself and his students to file an RDA for a project to remove invasive species from the areas surrounding the entryway into the Remington School and also on Lord’s Way, which is the driveway egress from the school.
Mr. Holden informed the Commission that there are 5 species that they would like to remove. They will be cut and no pesticides or herbicides will be used during this process.
A Commission member raised 2 points for concern as to whether there is a consensus that this would be a good process for the students to follow so that there is a fairly good chance that the students’ RDA application would be approved after filing. The second point is that who would the applicant actually be? The consensus of the Commission members was that the applicant would be the principal of the school, he would be the person who signs the application.
Mr. Holden questioned the Commission members as the area where there is drainage for the parking lot and there is a significant amount of invasive species there.
Mr. Holden stated that he will file a Request for Determination to be heard at the 1st meeting in October if possible. Mr. Holden requested that the Commission conduct a site walk prior to the meeting date. The Commission Chairman stated that would be possible. Mr. Alfieri requested that Mr. Holden inform him of some dates that would be optimal for himself and his students for the site walk and he will contact the Commission to obtain their availability.
Discussion: 3 Chilmark Road
Mr. Robert Barry, homeowner, appeared before the Commission for a discussion regarding the approved installation of an in-ground swimming pool on his property. Mr. Barry submitted a plan of the pool and informed the Commission that during the installation of his pool, the pool contractor ran into a problem regarding when the excavation was being done; the contractor hit a water table.
It was recommended to Mr. Barry that a French drain be installed to correct this matter around the outside edge of the concrete inside of Conservation jurisdiction.
A Commission member made note of the fact that the permitting options for the Commission are either a minor correction or an amendment to the Orders of Conditions.
There was a motion to accept the plan in the Agent’s Report as a correction to the permit. The motion was seconded and accepted with a vote of 6-0-0.
Oak Hill
Mr. Alfieri informed the Commission that the project owner is requesting a minor correction to the stormwater drainage plan for this project. Mr. Alfieri has consulted with the Town Engineer regarding this plan and he recommended approval of this change.
There was a motion to accept the proposed change to Oak Hill as a minor correction with the proviso that they extend the rip-rap. The motion was seconded and accepted with a vote of
6-0-0.
Thermo-Fisher Scientific
Mr. Alfieri informed the Commission members that the contractor for this site came to the office to request permission for a construction sequence change to the plan in order for work in the center of the parking lot as well as plantings on the two islands on the site. This work, with the exception of the new pavement and berm, would not be in Conservation jurisdiction. A copy of this plan is attached to the Agent’s Report for the Commission’s review.
There was a motion to accept the changes to the new pavement and the new berm for the Thermo Fisher Scientific project as depicted in the Agent’s Report. The motion was seconded and accepted with a vote of 6-0-0.
Public Hearing – Request for Determination – NSTAR – Right of Way 4
Ms. Sharon Cushing, a representative of NSTAR, appeared before the Commission for the temporary placement of swamp mats along their access roadways through some wetlands. Ms. Cushing submitted revised plans for the review of the Commission and informed them that they have reduced the amount of swamp that they initiatially anticipated being needed.
Ms. Cushing stated that all of NSTAR’s work will take place in upland area. One option is to come in from Pond Street over Mine Brook; the other option would be to come in from Elm Street along existing access pathways.
To prevent damage to the wetlands, NSTAR will need to place swamp mats across the wetland areas in order for the vehicles to cross.
NSTAR is unsure of which pathway they will need to use and would like the authorization of the Commission to access the area from either of the above-mentioned routes.
The Chairman asked Ms. Cushing if the request for the temporary access work to be conducted is in Conservation jurisdiction and the only encroachment on the wetlands is for access and not for the work itself and she replied in the affirmative.
A Commission member asked Ms. Cushing how long the swamp mats would be in place and she replied 2-3 weeks in duration. The work would take place in October, 2009.
Another Commission member stated that Mine Brook is nearly the size of the Charles River and questioned how would they access this large body of water with swamp mats and questioned as to whether a temporary bridge would be used. Ms. Cushing stated that it is quite possible that a temporary bridge would be used.
Mr. Alfieri stated that he would recommend that no work would take place between April 1st and June 30th during the year.
Mr. Scott Pond, an abutter of 78 Elm Street, stated that he owns the gravel roadway that leads up to the south of the site and the access to the wetlands and wants to make sure that his property is not being considered for use in this project. If it is, he would like some maintenance. Ms. Cushing informed Mr. Pond and the Commission that his property is not going to be accessed for this project.
Ms. Gail Lembo, an abutter of 1221 Pond Street, expressed concerns regarding access through the locked gates on the site. Ms. Lembo stated that some years ago, there was a significant problem with hunters coming in through this gate. She requested that NSTAR place a temporary chain so there is no access to the site during their work. Ms. Cushing informed Ms. Lembo that she will meet with her to discuss this matter in the near future.
The Commission Chairman opened the 8:00 p.m. continued public hearing for 18 Concetta Way. There was a motion to continue the public hearing for 18 Concetta Way until the conclusion of this hearing. The motion was seconded and accepted with a vote of 6-0-0.
A Commission member expressed disapproval of the use of swamp mats across Mine Brook and requested that this be made a special condition to be included in the Determination of Applicability.
There was a motion to issue a Negative Determination with the 2 conditions discussed that no work to be conducted between April 1st and June 30th and that no swamp mats be used over Mine Brook; that a bridge must be used. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – 18 Concetta Way – Cropanese - CE159-985
Ms. Cheryl Petersen, Engineer of Heritage Design Group, appeared before the Commission for the construction of an in-ground swimming pool. Ms. Petersen submitted a conceptual plan for the Commission’s review and stated that it was the consensus of the Commission at that time, that the size of the pool and deck should be decreased to add some additional distance between the wetlands and the pool and to reduce the amount of impervious area between the 25–50 ft. buffer zone.
Ms. Petersen informed the Commission members that she has modified the plan and would like to determine if the Commission approves of this conceptual plan before she finalizes it into a full engineered plan.
One additional suggestion of the Commission at the recent site walk was the addition of a raingarden at the base of the retaining wall for the purposes to reduce some of the disturbance and to collect some of the roof runoff. The decking around the pool has been reduced in order to reduce the impact to the surrounding wetland buffer zone.
Ms. Petersen stated that there has been a significant reduction in the amount of disturbance to the buffer zone.
A Commission member asked what is the species found by Natural Heritage on the site. The letter from Natural Heritage stated that an estimated habitat of Blue Marbled Salamander have been found on this site. Ms. Petersen informed the Commission members that the letter stated that it would not be a take of the habitat. This letter has been added to the Conservation file. There was a discussion among Ms. Petersen and the Commission members on how to protect these endangered species found on the site.
This Commission member stated that the fountain in the pond seems to be effective at keeping the weeds at bay and encouraged Ms. Petersen to incorporate this into the filing so as the Commission could add this as a perpetual condition to the Orders of Conditions for this project.
The Commission members informed Ms. Petersen that they see this conceptual plan as a great improvement from the original plan submitted.
Mr. Alfieri informed the applicant that his original comments from the previous hearing still remain as they have not yet been addressed.
There was no one present in the audience for this public hearing.
There was a motion to continue the public hearing for 18 Concetta Way until September 17th. The motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Certificate of Compliance: 68 Palomino Drive - SE159-914
Mr. Alfieri informed the Commission members that the site is in compliance with the Orders of Conditions and the work has been completed according to the plan and recommends the issuance of a Certificate of Compliance.
There was a motion to issue a Certificate of Compliance for 68 Palomino Drive. The motion was seconded and accepted with a vote of 6-0-0.
Certificate of Compliance: 13 Maple Tree Lane - CE159-945
Mr. Alfieri informed the Commission members that he has attached a letter from United Consultants to the Agent’s Report regarding this site along with a copy of the as-built plan and the approved plan.
There are some differences between the two plans. Mr. Alfieri recently made a site visit and observed that there was less of an impact to the wetlands. The nature of the plantings on the site was questioned by a Commission member.
There was a motion to issue a Certificate of Compliance for 13 Maple Tree Lane. The motion was seconded and accepted with a vote of 6-0-0.
Signed Certificates of Compliance & Determination of Applicability
Certificate of Compliance – 68 Palomino Drive – Jones – SE159-914
Certificate of Compliance – 13 Maple Tree Lane – Hagen – CE159-945
Determination of Applicability (Negative) NSTAR Right-of-Way 4 Easement
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 8:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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