Minutes Approved 6/7/07 Minutes May 17, 2007
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Paul Byrne, Chairman W. Minot Wood, Vice Chairman David Esteves, Member
Terrence Joyce, Member Leif Longtine, Member Richard Millett, Member Joseph Rodrigues, Member
Minutes
May 17, 2007
7:00 P.M.
1.0 Preliminaries
1.1. Paul Byrne opened the meeting at 7:00 pm.
1.2. Roll Call: Chairman Paul Byrne, Vice Chairman Minot Wood, David Esteves, Terrence Joyce, Leif Longtine, Richard Millett and Joseph Rodrigues.
1.3. Additions or deletions to the agenda
2.0 General Business
2.1 Minutes – Tabled.
2.1.1 April 19, 2007
2.1.2 May 3, 2007
2.2 Vouchers
2.2.1 ConsCom - #12 – John Scichilone Constable Services $140.00
2.3 Correspondence
2.3.1 White Pond Road – Draft Conservation Easement Language
2.4 Agent Report Agent Report
2.4.1 Judy Sabourin verbal request to be appointed Associate Conservation Commission. David Esteves made a motion to make a recommendation to the Board of Selectmen to appoint Judy Sabourin as an Associate Member. The motion was seconded by Joe Rodrigues with all in favor.
2.4.2 Bruce’s Pond – water sample – Microbac can not test for the dye. – Paul Byrne would like the Commission to send a letter to DPW asking them to notify us in the future if die input into the drainage system.
3.0 Hearings and Appointments
3.1 Ricky Ellis to discuss CAP project for Danforth Falls. - Ricky Ellis explained his Community Action Project; a 9th grade High School Project. He said that he would like to do some work at Danforth Falls. He would like to clear the overgrowth from the trails and will mark the trails with plastic markers. He also plans to remove trash from Pickles Pond. He will recycle what he can and non-recyclables will be put in the dumpster at Farley School. Ricky will need approval from the Farley School through the School Committee. Paul Byrne advised Ricky to keep clearing within the existing paths and to call the Conservation Agent when he plans to cut. The Commission thanked Ricky and noted that this sounds like a good
project.
3.2 Request for an Amended Order of Conditions (DEP 190-475)
Applicant: Carl & Cheryl Leeber
Amendment: Construction of a fence
Carl Leeber explained his request for fencing. He showed the plan an explained that a portion of the proposed fence is an existing chain link fence and has been there for 15 years. One section of the fencing will be solid panels other will be chain link with 2” mesh and gates.
Proctor reported that she contacted DEP about the fence within the Riverfront Area. Joe Bellino, DEP Analyst said he does not have any problem with the proposal and he does not feel it is necessary to lift the fence off the ground to allow for wildlife habitat in this case, mostly because it is already a lawn.
Abutter Joe Bastus said that he has a boulder on his land and is concerned about the fencing in this location. Carl Leeber said that he would cut the fence around the boulder. Mr. Bastus also said that he does not believe there is an existing fence. Carl Leeber stated that the existing fence is obscured by growth. Mrs. Williams, abutter at 125 Causeway St. asked to review the plan and did not have a problem.
Minot Wood made a motion to Amend the Order of Condition and accept the revised plan, approving the fence, seconded by David Esteves with all in favor.
The Commission approved the owner’s request to remove erosion controls.
3.3 Continuance Meeting - Request for Amendment of the Order of Conditions (DEP #190-457A)
Applicant: Todd Marsh, Paramount Construction
Representative: Steve Poole, Consolidated Design
Location: Lot 1 & 2 Coolidge St.
Project Amendment: connection between the parking area on Lot 2 and the building on Lot 1, as well as associated grading and retaining wall additions on the project.
New plans were received May 16th. Places Site Consultants review letter is dated May 17th.
Places letter noted that in the vicinity of wetland Flags 23 + 25 there is a wetlands stretch of 5 ft. of temporary disturbance which translates to 25 sq. ft. of temporary wetland alternation.
Steve Pool and Todd Marsh noted that the Internal Traffic Committee will meet on this project next Tuesday and will look at reducing the width of the road to avoid wetlands alteration. They will also ask the Planning Board, noting that the zoning requires 18 ft. width. They will ask to shrink it down to 15 ft.
Chairman Paul Byrne said he would like to see a plan for wetlands restoration and would also like a letter from the engineer who will say he approved the wall. David Esteves said he want the engineer on-site full-time. It was noted that there is a conflict with the drawing stating the engineer will be onsite full-time and another place it say the engineer will be there periodically.
Leif Longtine asked if the fence from the condo has been corrected. Todd Marsh said yes and noted that the kids have not been a problem.
Paul Byrne made a motion to continue the hearing to June 1st, awaiting new information on the restoration plan and the engineer inspection schedule, seconded by Joe Rodrigues with all in favor.
3.4 Continuance Notice of Intent (DEP#190-497)
Applicant/Owner: Charles Freeman, Trustee Riverside Realty Trust, LLC
Location: (Lot 8) 7 Freeman Circle
Project Description: construction of a single family house with septic system, swimming pool, driveway and site grading/landscaping, portions of which re in the buffer zone of a Bordering Vegetated Wetlands and a Bordering Land Subject to Flooding (floodplain Assabet River).
Steve Poole requested a continuance and submitted a letter from EcoTec Inc.
Paul Byrne made a motion to continue the hearing, seconded by Joe Rodrigues with all in favor.
3.5 Continuance Notice of Intent (DEP#190-498)
Applicant: Dana & Colleen MacPhee
Owner: Charles Freeman, Trustee Riverside Realty Trust, LLC
Location: (Lot 7) 8 Freeman Circle
Project Description: construction of a single family house with a septic system, swimming pool, driveway and site grading/landscaping, portions of which are in the Buffer Zone of a Bordering Vegetated Wetlands and the Bordering Land Subject to Flooding (floodplain of Assabet River).
Steve Poole submitted new updated plans at the meeting. There was discussion about a conservation easement. Scott Morrison of Eco Tec said that he did not realize this lot had wetlands destruction. He thought the wetlands disturbance was on (Lot 8) 7 Freeman Circle. He recommended New England Wetland Seed Mix. There was discussion that the new owners will not be able to do anything beyond the tree planting line. Only organic fertilizer can be used on the lot, no pesticides or herbicides. The applicant plans to put sprinklers in the front yard only. The drywells are located outside of the Bordering Land Subject to Flooding (Floodplain). Erosion controls shall be silt fence only, no hay bales are allowed.
Minot Wood made a motion to close the public hearing and issue an Order of Conditions with the following conditions:
1) irrigation in the front yard only
2) only organic fertilizers
3) conservation easement to be drafted by the applicant’s attorney and approved by the Conservation Commission prior to recording.
4) erosion controls will be silt fence only; no hay bales are allowed.
3.6 Enforcement Order – Gerry Sarong
Location: Deer Path
Commission must vote to ratify the Enforcement Order.
Proctor explained she issued an Enforcement Order because more materials were appearing within the Riverfront Area.
Paul Byrne made a motion to ratify the Enforcement Order, seconded by David Esteves with all in favor.
3.7 Enforcement Order – Paul Davis
Location: Lot 3 Chapin Rd. (Brigham St.) (DEP 190-486)
Commission must vote to ratify the EO.
Paul Byrne made a motion to ratify the Enforcement Order, seconded by David Esteves with all in favor.
Paul Davis appeared before the Commission.
Proctor and Byrne explained that work began on Lot 3 without receiving the Order of Conditions and no erosion control inspection. Proctor issued an Enforcement Order for that reason and the following day issued the Order of Conditions. The developer then approved the contractor to begin work again without first recording the order and having the erosion controls re-inspected because of failure on the first inspection.
The Order was recorded that day and since the erosion control inspection has been approved.
Paul Byrne made a motion to release the Enforcement Order for Lot 3 Chapin Rd., seconded by Joe Rodrigues with all in favor.
The Commission stated that drainage and siltation from the subdivision road is washing into the brook which is a tributary to the Assabet River. Paul Byrne suggested a pea stone break and siltation socks to be installed in the catch basins. Proctor issued two Orders of Conditions for the “after-the-fact” filing for Lot 2 and the detention basin. Enforcement Order was issued for the detention basin because of the siltation problems. These Orders have still not been recorded.
Paul Byrne made a motion that if the DEP # is not up on the site by 5:00 PM tomorrow then another Enforcement Order shall be issued or a criminal complaint shall be issued. The motion was seconded by David Esteves. Vote was taken.
Paul Byrne voted in favor of the motion.
David Esteves voted in favor of the motion.
Leif Longtine voted in favor of the motion.
Richard Millett voted in favor of the motion.
Joe Rodrigues voted in favor of the motion.
Minot Wood voted in favor of the motion.
Terrence Joyce abstained from the vote.
Vote 6-0-1 Motion carried.
Terrence Joyce stated that he believes that criminal complaints are a waste of time in court.
3.8 Enforcement Order – Charles Freeman
Location: 7 Freeman Circle
Commission must vote to ratify the EO.
Paul Byrne made a motion to ratify the Enforcement Order, seconded by David Esteves with all in favor.
3.9 Enforcement Order – Charles Freeman
Location: 8 Freeman Circle
Commission must vote to ratify the EO.
Paul Byrne made a motion that the Commission withdraw the Enforcement Order and work under the Order of Conditions, seconded by Minot Wood with all in favor. The Commission directed the applicant to install silt fence shall be installed along the tree line and remove the old driving range fence.
3.10 Enforcement Order – Christine & John McGuigan
Location: 258 Central St.
Commission must vote to ratify the EO.
Paul Byrne made a motion to ratify the Enforcement Order, seconded by David Esteves with all in favor.
Christine McGuigan appeared before the Commission. She stated that DPW is flushing the hydrant onto her property and showed pictures of the erosion damage. Joe will go do a site inspection. The Commission does not believe that DPW installed the berm as requested during the hearing for roadway improvements.
The Commission advised Mrs. McGuigan to file an RDA. Proctor and Rodrigues will perform a site inspection together on Friday to assist Mrs. McGuigan.
4 Pending
5 Advertisements and Conferences
6 Commentary
7 Adjournment – Paul Byrne made a motion to adjourn the meeting at 9:00 pm, seconded by Joe Rodrigues with all in favor.
Minutes respectfully submitted by:
Katrina Proctor
Conservation Agent
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