SUTTON CONSERVATION COMMISSION
January 7, 2009
MINUTES
Approved: _________________
Present: Mark Briggs, Chair, Joyce Smith, Co-Chair, Francis Gatto, Daniel Rice, Jack Sheehan
Staff: Wanda M. Bien, Secretary
Brandon Faneuf, Consultant
Wetland Concerns
7:00pm 6 Old County Road
Present: Christopher Windle, owner
This is under an Enforcement Order to fix the erosion control on the site.
M. Briggs explained why the warning ticket was sent out. Conservation needs a detailed plan, stamped by an engineer for the record, showing how he is going to address the runoff and correct the catch basins.
C. Windle explained what he has done on the site to resolve the silt issue since the last meeting. He stated no silt has gotten into the lake. In the spring he would hydro seed and stabilize the area, maintain and clean the catch basins, until all is stabilized. He asked if the Commission would accept digital pictures of this area.
J. Sheehan told Mr. Windle he needs to take care of the erosion issue and demonstrate that this work has been done. The Commission could require a Notice of Intent, which would be a more detailed engineer stamped plan and cost more.
J. Smith offered Mr. Windle haybales he could pick up at her farm.
Abutter:
Dominic Triola, 9 Point Way, has concerns with the catch basin that was working until the elevation of the basin was brought up 2.5 to 3 feet. Mr. Triola gave pictures to the Commission.
C. Windle said he would have Mark Allen show the elevations on the plans.
M. Briggs asked Mr. Windle to come back, as soon as possible, with a plan that will work so the Board can review these plans.
J. Sheehan suggested asking Mr. Allen to come to a meeting and explain a plan on his behalf.
7:15pm 512 Central Turnpike
DEP#303-0664
Not Present: Martin Linder, owner
The issue with Maguire Billing has been continued, with the applicant’s permission, to January 21, 2009
7:30pm 125 Central Turnpike
No DEP# RDA
Not Present: Peter Schotanus, owner
Moving of the Shed
This was continued to January 21, 2009 by Conservation, another letter will be sent asking him to come to the next meeting. Previous registered letters sent were returned to Conservation, and not accepted by Mr. Schotanus.
7:45pm 50 Griggs Road
Not Present: Robert Hines, owner
A fallen tree issue.
R. Hines continued to January 21, 2009, due to being out of State at this time.
NEW BUSINESS
None at this time
CONTINUATIONS
51 Griggs Road
No DEP#RDA
The continuation was opened at 8:00pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of land clearing and grading within outer buffer zone.
Present: Robert Murphy, Murphy Associates, Douglas Lebel, builder
Motion: To table this Public Hearing to a later time, for 51 Griggs Road, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
107 Boston Road
DEP#303-0668
The continuation was opened at 8:15pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of demolition of existing residence, and construction of a proposed commercial retail facility and associated parking, landscaping, stormwater controls, and utilities.
Not Present: Paul Hutnak, Heritage Design Group, for Sandra Roy, Hair Inc., owner
C. King continued, with the applicant’s permission, to February 4, 2009
Motion: To continue, with the applicant’s permission, to February 4, 2009, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
Torrey Road/Lake Manchaug/Manchaug Reservoir Corp. Interface, Inc.
DEP#303-0669
The continuation was opened at 8:30pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of requesting an Order of Conditions for the newly revised operations and maintenance plan for the Manchaug Reservoir.
Present: Donald Rudge, Interface Global, and Don Cooper, Attorney, for: Nicole Sanford, Stantec Inc., Wendy Porter, Interface Global, owner of Manchaug Pond Dam.
Wendy Porter continued this Public Hearing, with the applicant’s permission, to February 4, 2009, however Donald Rudge, from Interface and Donald Cooper, the Attorney came in to explain why this has been continued so many times.
M. Briggs questioned why this had been continued so many times?
D. Cooper explained the past NOI submitted along with the well attended public hearing on December 3, 2008. Two weeks later another public hearing, which was not well attended, again this was continued. He stated the engineering firm of Divine Tarbell Assoc. was hired. Mr. Cooper reviewed their study which recommended Interface operate below the rule curve. This firm was asked to write an Operations and Maintenance plan to be submitted to Office of Dam Safety. This is why they wanted to again continue to February 4, 2009 hoping they would get the engineer’s O & M plans before the next meeting for the Commission to review. There was no explanation as to why this has taken so long.
M. Briggs said the Commission can’t rely on the applicants engineer, there needs to be an additional review.
J. Sheehan suggested they supply Office of Dam Safety an O & M because they need to act on this also. This could go to the next meeting on January 21st instead of waiting until February 4th.
D. Cooper stated it was not wise to continue to January 21st.
D. Rudge replied the O & M is still in a draft form, however this spring the boards will go in and the water level will be normal. On June 1st they would check with the rule curve again.
M. Briggs asked if Mr. Rudge could put the, back to normal operations information, in writing.
Motion: To continue, with the applicant’s permission, to February 4, 2009, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
51 Griggs Road
No DEP#RDA
The continuation was opened at 9:40pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of land clearing and grading within outer buffer zone.
Present: Robert Murphy, Murphy Associates, Douglas Lebel, builder
Robert Murphy arrived at 9:35pm.
M. Briggs stated that at the last meeting the Commission requested a plan that shows the wall among other items.
R. Murphy replied he moved the septic system he showed the stone walls, and located all the trees in the buffer zone. There are two trees to be removed, a red maple and cherry tree. They propose to replant four red oaks for the two removed. A negative Determination of Applicability was received from the National Heritage Endangered Species Environmental Review, stating this did not have any impact on the resource area.
B. Faneuf questioned the two different limit lines.
R. Murphy explained why the limit of work and limit of lawn were two separate lines instead on being shown as one.
Motion: To close the Public Hearing, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
Motion: To issue a Negative Determination of Applicability, subject to the applicant filing a
revised red line plan, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
BOARD BUSINESS
A Conservation Restriction was signed for the property of Wally Johnson, at 297 Boston Road.
Joyce Smith explained about the Conservation Restriction. The 56.2 acres will be protected in perpetuity. It will require an Act of the legislature to change it.
Jack Sheehan thanked Joyce and the other heirs for making this sacrifice for the Town of Sutton.
M. Briggs replied this is the first property restriction that has come through the Conservation Commission. He feels Ms. Smith has come up with a good idea of having a Conservation Restriction workshop that is open to the public for people who would like to protect their land.
The workshop is scheduled for April 8, 2009.
The Board signed an extension for 8 Newton Drive.
Motion: To sign the extended Order of Conditions for 8 Newton Drive, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
The Board discussed fixing the bylaw, section 4.5.6 to reflect Ecosystem Solution’s fees. This will be put on the Warrant for Town Meeting in May.
A site visit for a Certificate of Compliance for 22 Cote Lane, Linda Legere, would be done for the next meeting.
Minutes
Minutes have been tabled to the next meeting.
Motion: To adjourn, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
Adjourned at10:30pm.
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