Conservation Commission Meeting Minutes
Second Floor Meeting Room
7:00 pm, September 2, 2010
Present: Paul Nelson; Mike Birmingham; John Bell; Carl Shreder; John Lopez; Steve Przyjemski, Conservation Agent; Carol Fitzpatrick, Minutes Recorder
Vouchers:
MOTION to pay the bills. Birmingham/Nelson; All/Unam
Signings:
Discussion:
1 Londonderry Lane CoC request
Joseph & Dana Coady, Homeowners
Mr.Przyjemski stated that the work was permitted in 2006. It was a modification to a retaining wall. The final job is not similar to the OoC site plan. Mr. Coady said that he purchased the land in 2006. The original plan had a 9 foot wall. We had safety concerns so they wanted to modify it. Last summer we were given permission to temporarily disturb the area. One day I showed up on site and the builder had put in the upper pylons. He was supposed to grade the area down. He indicated that he had permission to do this. Mr. Birmingham stated that from the marker beyond should have gone back to its natural state. Mr. Przyjemski added that this is a hard scape that will not go away. We need to protect the precedence aspect. Mr. Nelson added if you take out the back grade it is still a steep grade. Mr.
Shreder asked: Why did the professional ignore the stone bounds? Did anyone contact you Steve? Mr. Coady answered that the lower wall went in first and that was fine. We went away for a few days and came back with the upper wall in.
Mr. Bell asked Mr. Przyjemski if he has been out there. Mr. Przyjemski answered the photos are an accurate representation of what is there.
Mr. Coady added if there is any water run off, the slope goes toward our property so the wildlife would not be disturbed. Mr. Shreder asked: You paid the contractor and he is gone? What is the name of the contractor? Mr. Coady answered, Tom Morgata, referred by the builder, Henry Bertivian? Mr. Przyjemski added that the watershed is the same as the OoC specifications. Mr. Birmingham added that you can plant native plants and allow them to take over the wall.
Mr. Shreder stated we need to establish intent. We would like to see the contract. We need more information. The stone bounds are there for a reason. Mr. Coady said the stone bounds were put in after the wall. The contractor is not from the area. Mr. Przyjemski added let me do some homework on this and get back to you.
1 Lull Street (GCC-2010-15; DEP 161-0712) – NOI (Cont. PH)
Michael Seacamp, Seacamp Environmental Consulting, representative for Earl Martin, Applicant
Mr. Seacamp stated that there was a site visit and they redid the schematic and a mitigation plan as to the specifications of the Commission. We have put some plantings around the pond as we discussed. We based our plan on the planting plan presented by Mr. Lopez and it looks like it will work out nicely. There will be a structural wall to hold the bank up. Mr. Nelson asked if the tree would be take out. Mr. Seacamp answered that the wall would go there and would go up the driveway, with a net gain of 100 SF. Mr. Lopez asked if there would be a construction sequence and a monitoring program. Mr. Nelson added that this is a small mitigation and that he would like a bigger pond.
Mr. Seacamp said that the owner would like a bigger pond. Originally you didn’t want us to increase the size. Mr. Nelson added that we need a bigger habitat and the best way to do that would be to make the pond bigger. We should be getting 400 feet, not 100 feet of wetland. Mr. Przyjemski commented there is a 2:1 replication in our regulations. Mr. Seacamp added that they are trying to mitigate without creating a greater impact on the wildlife habitat. We plan to use large rocks so mink and other animals can get through. Mr. Lopez commented that berry producing plants would also be good.
Mr. Shreder commented we have a problem with an existing roadway that will eventually fail.
Mr. Przyjemski added that he would like to see everything happen at once, not have the mitigation happen later. This can even happen over a 2 year period. I don’t want it to be pushed off. Mr. Nelson said that the mitigation should be done before the project. Mr. Seacamp said that we will move forward with everything. Lopez added that it would be good to put in a few wood duck boxes. Mr. Seacamp said that he didn’t think the owner would disagree with that.
MOTION to accept the NOI for 1 Lull Street, GCC-2010-15, with the condition that the mitigation happens concurrent with the repair and the mitigation happens with the addition of 2 (two) wood duck boxes, kept in perpetuity, location to be determined by consultant. Nelson/Birmingham; All/Unam.
MOTION to close the public hearing of 1 Lull Street, GCC-2010-15. Nelson/Birmingham. All/Unam
2 Brook Meadow Lane (GCC-2010-14, DEP 161-0709) - NOI (Cont. PH)
Valclav Talacko, Hancock & Associates
Charles & Jaime Freeman, Applicants
Mr. Talacko explained they removed the shed. We brought in the plans 3 weeks ago. We made the changes to the wall suggested by the Commission. Mr. Nelson commented it looks like we will have the same problem with high water flow and erosion. Mr. Freeman added that the roof was the biggest culprit in creating the erosion. Mr. Talacko added that the water will trickle through the wall, a loose stone wall. It will act like a pipe. It is no more than 4 feet.
MOTION to accept the NOI for 2 Brook Meadow Lane, GCC-2010-14, with a plan revision date of August 3, 2010. Birmingham/Bell; All/Unam.
MOTION to close the public hearing for 2 Brook Meadow Lane, GCC-2010-14. Birmingham/Bell; All/Unam; 4-0
Pentucket Pond Aquatic Management Program (GCC-2010-09) – Cont. PH
Mr. Przyjemski explained that he has been working with MA Fish and Wildlife and Parker River C lean Water Association. They are all concerned with different aspects of the disturb rate. They are all concerned with our manipulation of the water level and the effects on the ecosystem. They are looking at the fish migration and hydrogeology. We are looking at fanwort control. What we do now will affect the spring they believe. The fish run is down 99% because of the low water flow on the Parker River. I believe we should entertain some kind of a drawdown. The SONAR is not sustainable at $50,000 every few years. This year is already shot. We can continue this.
Mr. Shreder commented that nature has done a drawdown for us. The pond is down 2 feet at this point. We need to look at the whole environmental picture here. Mr. Lopez asked how will we know if this is successful. Mr. Przyjemski said we will do a fall survey and another in the spring.
Mr. Shreder added we need to work with Peter Durkee on the dam and release schedule.
MOTION to continue the Pentucket Pond Aquatic Management Program, GCC-2010-09, to October 21, 2010 at 7 pm. Bell/Birmingham. All/Unam.
38 Elm Street Enforcement Order (EO)
Richard, Nancy and Tricia Nunan, Homeowners
Mr. Przyjemski stated there has been a history of filling in these wetlands over the years. We have found all kinds of things in these wetlands: asphalt, firewood, all kinds of things have been dumped into the wetlands. This entire property in is the buffer. It is filled with construction debris mixed in to the wetland. Mr. Lopez said his recommendation is that we ratify the EO.
Mr. Nunan said that he hasn’t filled in the wetland for a long time. The only thing in there is double washed stone. Mr. Shreder asked did you fill in there? This has gone on for 20 years. Mr. Nunan answered that he did make it a little higher. I got a Cease and Desist order from John Caldwell.
Mr. Shreder stated your whole property is in a resource area. You cannot fill in at all. Are you aware of the wetland regulations in town? 1) I would like to see the Commission ratify the EO, and 2) I would like to see some mitigation. Mr. Nelson added the mitigation would be to go into the wetland and remove all of the material. That would be a big disturbance.
MOTION for the Commission to ratify the EO for 38 Elm Street presented by Steve Przyjemski, the Agent. Nelson/Bell; All/Unam.
Harry LaCortiglia, Chairman, Open Space Committee (OSC): Does the Commission have access to the photos on the GIS from 1990 so they can see what the wetland looked like then? Mr. Przyjemski answered that he can take care of that. Mr. Shreder stated now we need to mitigate. Mr. Bell added we should put in some bounds and try to pick out debris without disturbing the wetland. We should also have a site visit. Mr. Lopez commented I think we need to hire an expert to review this. Mr. Nelson added that this is really a bad area. Homes in that area wouldn’t be built today.
MOTION to have a site walk for 38 Elm Street at 6:15 pm on September 9, 2010. Bell/Birmingham. All/Unam.
Harry LaCortiglia: Is the Commission going to follow the EO according to Massachusetts Association of Conservation Commissions (MACC) and restore the area to the natural state?
Mr. Shreder stated that the first course of action is for the Commission to tour the site for damage.
Tim Gerraughty, 14 Elm Street, Abutter: I just want to thank the Commission for taking action on this. He has Cease & Desist order from 1986 and beyond. I have had lots of water issues due to his filling in of the wetland. This has been going on for years and years. Mr. Nelson asked do you think that cleaning this out will solve your problems? Mr. Gerraughty answered I think that if you take out some of the fill with a backhoe it will help. I am concerned with needing flood insurance and my property values.
Mr. Shreder commented we will discuss the restoration plan at the next meeting on September 16th.
10 Rock Pond Avenue (GCC-2010-13, DEP 161-0710) – NOI (Cont. PH)
John and Deanna Maglio, Homeowners
Mr. Przyjemski explained everything asked by the Commission from the site walk has been modified on this plan. The only thing not tied down is the bank area. We can include this on the OoC. Mr. Maglio explained the changes to the original plan and the vegetation that will be planted on the site from his revised plan. I have also given the Commission a narrative form of how we will raise the house. Mr. Maglio read the narrative on the raising, disposal and planned plantings on the property. Mr. Shreder commented that everything we asked for has been considered. Mr. Maglio added that the septic system has also been approved, a gravity system.
MOTION to accept the NOI for 10 Rock Pond Avenue, GCC-2010-13, site plan dated July 23, 2010. Bell/Nelson; All/Unam
Mr. Nelson added that he would like to know if all the work is in the buffer. Mr. Shreder stated that he would like to make a note that there are no opposed abutters
MOTION to close the public hearing for 10 Rock Pond Avenue, GCC-2010-13. Bell/Lopez; All/Unam
OSC discussion with Harry LaCortiglia
Harry LaCortiglia, Chairman, Open Space Committee
Mr. LaCortiglia presents his memo stating what is needed to have the Open Space Plan accepted by the state and how everything must be presented by the ADA Coordinator, Chris Rich. Mr. LaCortiglia added that he, Laurie Bryce, Peter Burns and Dick Talbot are all appointed and sworn in. Laura Repplier is appointed through 2011 but was never sworn in.
MOTION to modify the Open Space Committee, appointed by the Commission, to have no more than 5 members on the committee. Nelson/Birmingham; All/Unam
MOTION to give Camp Denison up to $300 for Camp Denison Open House at Georgetown Days, September 25, 2010. Bell/Birmingham; All/Unam
MOTION to close the meeting at 10:15 pm. Bell/Lopez; All/Unam
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