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Conservation Commission Minutes - 10/29/2009






        
        Minutes of Meeting
October 29, 2009


To:  Town Clerk
cc:   CRWA
       Members
       File


Present:  J. Fournier, J. Senterman, C. Botchis, R. Willis, A. Tolland, M. Allen, J. Livingstone,                  N. Alfieri, Conservation Agent   


There was a motion to accept the minutes of the October 1st 2009 meeting with 2 corrections.  The motion was seconded and accepted with a vote of 6-0-l; 6 Yes, 0 No, 1 Abstention.

Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.  

Discussion:  Apple View Estates Bond
Mr. Alfieri informed the Commission members that Mr. Paul Dellorco, the applicant for Apple View Estates, has requested to have the surety refunded to him that was taken approximately 10 years ago for some replication that he was going to install on Bourbon Street in this subdivision.

Mr. Alfieri stated that he has conducted several site visits and the replication area is functioning and recommends that the Commission return this bond money back to Mr. Dellorco.

There was a motion to refund the bond for $10,000 to Mr. Dellorco.  The motion was seconded and accepted with a vote of 7-0-0.

Mr. Alfieri also informed the Commission members that they should vote to refund the remainder of the consultant fee refunded to Mrs. Catherine Schultz for 2 lots on Pond Street.  Mrs. Schultz submitted a $5,000 consulting fee to the Commission.  The Commission has spent approximately $4,300 of these funds.  There is $650 remaining in the account that should be returned to Mrs. Schultz.

There was a motion to refund the remainder of the consultant fee to Mrs. Schultz, which is approximately $650.  The motion was seconded and accepted with a vote of 7-0-0.

Discussion:  AECOM Abutter Notification Issue
Mr. Alfieri informed the Commission members that AECom, a representative of National Grid, is applying to perform some maintenance work in an area off Old West Central Street that will require the use of swamp mats.  The applicant has requested that the Commission either waive the abutters notification requirement or that they be required to only notify the abutters within 300 ft. of the swamp map locations.

There was a motion to waive our standard abutters notification to 300 ft. around the centerpoint of the utility structure that is being repaired next to Old West Central Street.  The motion was seconded and accepted with a vote of 5-2-0; 5 Yes, 2 No, 0 Abstentions.

Discussion:  The Woodlands
Mr. Rick Goodreau, Engineer of United Consultants, and Mr. Ed McLaughlin, representative of the Woodlands, both appeared before the Commission to discuss the Woodlands.  The property has been taken by the Scituate Federal Savings Bank.

Mr. Goodreau informed the Commission members that the Orders of Conditions has expired and the majority of the work in the buffer zone has been completed with the exception of 2 areas.  The applicant is now seeking to complete the work in the buffer zone.  

Mr. Goodreau depicted on the plans an area of swale that remains to be completed.  There is proposed new erosion control depicted on the plans to be installed around this work.  This area has been cleared of trees and stumped and is currently exposed.  Mr. Goodreau stated that the applicant would like to get the area stabilized and obtain a Certificate of Compliance in the near future.

        Mr. Alfieri informed the Commission that, in his opinion, the best way to do this work is to issue a friendly Enforcement Order so that the applicant may complete the work under this Enforcement Order.  Mr. Alfieri stated that he could issue this Enforcement Order and monitor the site and when the work is completed, the Commission could close out the Enforcement Order and issue a Certificate of Compliance.

There was a motion to issue a friendly Enforcement Order.  The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.

Mr. Alfieri informed Mr. Goodreau that he would like to address an issue regarding Parcel 12 in the Woodlands where he observed exposed dirt with no siltation control installed.  Mr. Alfieri informed him that he would like some siltation control installed on this lot as soon as possible to avoid runoff into the wetlands.

Mr. Goodreau informed the Commission members that he will contact the company that would be the installer of the erosion control on Friday, October 30th and inform Mr. Alfieri as to the scheduled date when this company would be able to perform the installation and will make every attempt to get the erosion sock installed as soon as possible.

The Commission Chairman informed Mr. Goodreau that he needs to contact the company tomorrow and inform them that they should expedite this issue and get the erosion sock installed as soon as possible.  Mr. Goodreau stated that if they cannot get the compost sock installed immediately, they could have some silt fence installed in this area immediately.  Mr. Alfieri informed Mr. Goodreau that he needs to get some erosion control installed in the fastest possible manner that this can be done.


Public Hearing – Amendment Request to Order of Conditions – 678 Pleasant Street – Grady – CE159-981
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for a Request to Amend the Orders of Conditions to raze the existing house and construction of a single-family house and septic system.

Mr. Nielsen informed the Commission Chairman that he did not have the green abutter notification cards to submit and asked permission to return to his office to obtain them.

There was a motion to continue the public hearing for 678 Pleasant Street until the engineer returns with the green cards.  The motion was seconded and accepted with a vote of 7-0-0.

Mr. Donald Nielsen, Engineer of Guerriere & Halnon, Ms. Colleen Grady, the property owner, and Ms. Lauren Doak, the future owner, all appeared before the Commission to raze the existing house and construction of a single-family house and septic system.

Mr. Nielsen stated that he has provided an amended alternatives analysis for Lot 18 in which is proposed that the house will be eliminated to construct a new house and convert some of the paved area into an area where grass will be planted.  The net change is approximately 2,000 sq. ft. of less impervious area being proposed between the 50&100 ft. buffer and between the
0&100 ft. riparian zone.  The structure will be moved outside of the 50 ft. no disturb zone.

Mr. Nielsen stated the Building Commissioner has deemed this house as unsafe and should not be renovated as it has structural issues.

Mr. Alfieri informed the applicant of 4 items to be addressed in this filing for an Amendment and these are enumerated in the Agent’s Report.

A Commission member questioned as to how the roof runoff from the new house will be handled.  Mr. Nielsen stated that he has not yet proposed anything for the new house as he will be eliminating 2,000 sq. ft. of impervious area with this amended plan.  Mr. Nielsen recommended that he take the down spouts in the back of the house and put them into recharge.

Mr. Alfieri questioned Mr. Nielsen if he performed any tests to determine if there is ground water elevation in the location of the where the foundation will go?  Mr. Nielsen stated that they dug down 18 ft. and found no water.  According to Mr. Nielsen, there is no reason for a dewatering plan.

A Commission member asked Mr. Alfieri what is the definition of the word “waddles” as used in the Agent’s Report?  Mr. Alfieri stated that they are compost stockings as referred to in DEP literature.

A Commission member asked where is the existing driveway and is there a need for riprap near the construction entrance in order to prevent erosion into the street and the stream.  He requested that this be a special condition in the Orders of Conditions.

There were 6 special conditions suggested to be added to the Orders of Conditions discussed at tonight’s meeting.  These were the Agent is authorized to relocate the erosion control for site construction and to move erosion controls around the barn if he deems necessary, no storage, refueling or maintenance of the construction equipment in the resource area, the debris alongside the shed shall be removed before the start of work, a stockpile location shall be indicated as far from the resource areas as possible and maintained with siltation control, some riprap shall be placed at the end of the driveway to Green Street to minimize the silt, the stormwater that flows off the roof will be collected and recharged on site.

There was no one present in the audience for this public hearing.

There was a motion to close the hearing.  The motion was seconded and accepted with a vote of 7-0-0.


Continued - Public Hearing – Notice of Intent - 7 Old Forge Hill Rd. – Unionville Commercial - CE159-988
Mr. Rick Goodreau, Engineer of United Consultants, and Mr. Paul Compton, the applicant, both appeared before the Commission for the construction of a commercial building on the site of a demolished building.  

Mr. Goodreau submitted revised plans for the Commission’s review and stated that he has made some modifications to the drainage system at the request of the Town Engineer.  There have been some changes made as well as other modifications including the creation of sediment forebay at the entrance to the larger parking lot.

The Latin names have been added to the plantings list on the plan.

The roof runoff will go into the drainage system; the roof will have a galvanized coating on it.

Mr. Alfieri informed the applicant of 4 items to be addressed in this Notice of Intent filing and they are enumerated in the Agent’s Report.  Mr. Goodreau stated that he will address these items on the plans.

Mr. Goodreau informed the Commission members that he has addressed all of the concerns and comments of Mr. Alfieri, the Commission and the Town Engineer.

Mr. Alfieri informed Mr. Goodreau that he has an additional comment regarding this site and stated when he visited the site earlier today, he found some piles of dirt and work is continuing on this site without an Order of Conditions.  He requested that Mr. Compton stop moving dirt on the site until the Orders of Conditions are issued.

A Commission member requested a change in the Latin name of one of the plantings on the plan.

Another Commissioner stated that at the recent site walk, there was some discussion regarding the sewer line along the river and inquired if it is depicted on the plan.  Mr. Goodreau informed him that it is depicted on Sheet 3 of the plans.

There was a motion to close the public hearing for 7 Old Forge Hill Road.  The motion was seconded and accepted with a vote of 7-0-0.


GENERAL BUSINESS

Minor Buffer Zone Activity:  17 Chilmark Road
The applicant has requested to remove a section of the deck and rebuild a new 12’x14’ sunroom addition.  There will be 4 new sono tube footings installed during this construction.  The proposed work will take place approximately 55-60 ft. away from the wetlands.

There was a motion to issue a Negative Determination subject to 5 conditions; 3 standard conditions that the applicant notify staff at the beginning and completion of the work and the work be completed according to the plan, a 4th condition that the gutters discharge into crushed stone underneath the porch and a 5th condition that all of the digging from the new sono tubes be removed.  The motion was seconded and accepted with a vote of 7-0-0.

Certificate of Compliance:  11 Cotton Tail Lane – SE159-910
Mr. Alfieri informed the Commission members that the property is in compliance with the Orders of Conditions and recommended the issuance of a Certificate of Compliance.

There was a motion to issue a Certificate of Compliance.  The motion was seconded and accepted with a vote of 7-0-0.

Discussion:  Town Forest Stewardship Plan
           There was a discussion among Commission members regarding the Town Forest Plan
            to cut some of the trees in the Forest.  A Commission member stated that, in his opinion,
the abutters to the forest should be notified as to when the cutting will be taking place.  

Mr. Alfieri stated that he will meet with Phil Benjamin, Forester, in the near future to discuss the matter of taking the original plan and looking for different areas in the Forest to cut some of the trees.  

One of the Commissioners stated that the plan should be updated.  Mr. Alfieri informed the Commission that he will look into the possibility of the funds for this coming from the Wetlands Protection Fund.

Mr. Alfieri also stated that the plan should be updated because if it runs out, it is costly and more difficult to have a new one started and it faces some additional matters as well.  It requires a forester to rewrite a new plan.  Mr. Alfieri will contact Mr. Benjamin to request that he rewrite a supplement for the next 10 years for less funding than another forester and will request the Commission’s approval before this is done.  The current
plan expires in 2010.

The trees need to be marked by the forester, the abutters to the site would need to be notified, a request for bid needs to be sent out and a contract awarded and the Commission would need to begin to negotiate a renewal for the existing stewardship plan.  The current plan must be updated.  

The decision of the Commission is that the next step is to have a discussion with Mr. Benjamin regarding this, have him a draft a proposal to update the stewardship plan and bring to the Commission to review.

Mr. Alfieri will start working on the draft RFP for the Commission’s review.


Signed Certificate of Compliance & Determination of Applicability
Determination of Applicability (Negative) 17 Chilmark Road - Fleming
Certificate of Compliance – 11 Cotton Tail Lane – Maple Sands – SE159-910

There was a motion to adjourn.  The motion was seconded and accepted with a vote of 7-0-0.  The meeting adjourned at 8:40 p.m.

Respectfully Submitted,


Kathleen Celorier
Conservation Secretary