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Minutes of the Conservation Commission November 3, 2008
Minutes of November 3, 2008
These minutes are a summary of a taped meeting. TCC reserves its
discretion to supplement. Minutes records and all other means it deems applicable.
Tapes are not retained.
Any requests for copies of Minutes are to be made in writing to the
Director of Planning and Conservation.
Full legal notices are available at all meetings/hearings.
Present: Vice Chair Brian Marques, Ernest Enos, Neil Kelly, Marla Isaac, Robert Newhall, and Renwick Chapman. Chair Steven Turner was absent. The meeting was opened by Vice Chair/Acting Chair Brian Marques at 7:00 p.m.
Motion to approve the minutes of October 20, 2008, EE, second MI, RN voted present.
(RC arrived)
Certificate of Compliance
1. 985 Glebe Street, Soares, (COC), SE73/2314 A field report was read stating that this project was for the construction of a barn and an extension of the existing driveway within the 100 foot buffer zone. All work was done in significant compliance to the Order of conditions issued on 1/31/08. The extended driveway is crushed stone, roof drains go into drywells and all lawn areas are stable. There was no indication of siltation into the wetland. Once the COC is issued, the siltation barrier can be removed. MR recommends that the TCC issue a COC for this project. Motion to issue a COC for this project, RN,
second RC, so voted.
New Public Meetings
1. 18 Marjorie Way, McGuire, (RDA), DSE-939 A field report was read stating that this project is to construct an addition on the north side of the dwelling. The wetland was delineated by Earth Services Corp. on 7/23/08. MR walked the line and is in agreement with the placement of the flags. MR recommends that the TCC approve the line as follows: flags ESC1 and ESC2, and for reference purposes only flags ESC3- ESC5. A siltation barrier is depicted on the plan as the limit of work and will be placed 61 feet from the BVW. The dewatering area and concrete washout area will be outside the 100 foot buffer zone per
by-law requirements. As presented, the work should no impact the wetlands, therefore, MR recommends that the TCC issue a negative determination. Homeowner Steven McGuire was present. Motion to approve the wetland line, RN, second RC, so voted. Motion to issue a negative determination RC, second MI, so voted.
(NK arrived)
New Public Hearings
1. Hodges & Worcester Streets, COT-DPW, (NOI), SE73-2262 A field report was read stating that this project is to install a catch basin on Worcester Street within the right of way to mitigate flooding due to stormwater collecting at the intersection of Hodges Street and Worcester Street, and abutting residences. The project then entails installing a drain manhole, infiltration chambers, and pipe within a newly negotiated easement along the side of the driveway at 71A Worcester Street. MR inspected the wetlands that were delineated by Wetland Strategies, Inc. on 9/10/08. MR is in agreement with the placement of the flags
and recommends that the TCC approve the lines as follows: flags 1-8, and for reference purposes only flags 9 and 10. The City Engineer had expressed a number of issues that BETA Group responded. In a memo received today, the City Engineer stated that all concerns were adequately addressed or responded to. Revisions to the plan include: extending the asphalt berm to the limits of work on the north side; all pipes will be reinforced concrete pipe (RCP); 6’ of loam has been added to the detail sheet; tree line was added to the plan, and a note stating who performed the delineation and when was added. Overall this project is necessary to ensure safety along Worcester Street and to alleviate flooding of residential properties due to inadequate drainage. This project addresses these concerns and meets the stormwater management guidelines set forth by DEP. As proposed, this plan will not negatively impact the wetlands located in the rear of 71A
Worcester Street and the additional storm runoff will be managed by a subsurface infiltration system, per stormwater guidelines. MR recommends that the TCC approve this plan and issue an order of conditions to include the attached special conditions. Motion to approve the wetland line, RN, second NK, so voted. Motion to discuss this project, RN, second MI, so voted. Angela Saunders from BETA Group. RC asked if they dug test pits where they have the infiltration chambers? AS said yes, and there were not good materials for infiltration there. RC what storm did they base things on? AS said 1 inch of rainfall. AS said this is a limited project and they are doing everything to the maximum extent. RC asked when the test pits were observed, what did they find? AS said groundwater. AS said they are trying to provide as much recharge as possible. Public Input was taken. Jennifer Ward of 71 Worcester Street. She
asked if whatever is disrupted will be on 71A and not on her property. AS said that is correct, no disturbance on her property, just at the edge of the property line of 71A. Ms. Ward asked if they were cutting trees between properties, AS said yes but not on her side. Motion to approve the project and issue a standard order of conditions with the following special conditions 1, 2, 3, 4, 5, 16, 17, 19, 21, 22, 25, 26, and 27, MI, second RN, so voted.
2. Field Street (Lots 2E, 2G, 2H), Lozinski, (NOI), SE73-2361 A field report was read stating that this project is to construct a common driveway to service three single family lots. An ORAD was issued under file number SE73-2260 on 5/3/07. This is the best possible solution to access the newly developed lots, environmentally speaking. The alternative would be to create driveways through wetlands on lots 2G and 2H. All work will be within 100 feet of BVW. The plan shows a siltation barrier, noted as the limit of work, at least 25 feet from the wetland. Along the west side of the driveway from Field Street
there is a section of drive that comes into the 25 foot WPZ (96 contour) without a 5 foot space between the proposed work and the siltation barrier. This could be problematic. As presented, this proposal seems the least intrusive and least likely to negatively impact the surrounding wetland areas. MR recommends that the TCC approve this project and issue an order of conditions with the attached special conditions. Present Paul Patneaude, Robert Taylor Jr. from Field and Stream Realty, and Mr. Lozinski. RC asked is they could move the driveway to stay away from the WPZ and the 25 foot no touch. PP said it’s a consideration but he wants to wait till abutters speak because there would be tree cutting along the property line. Taylor said they could mark out the 25 foot with stakes and have MR go out to check it first. She may see some flexibility out there. PP said there is no grading required. BM asked how many trees
they are taking. PP said quite a few on the buffer side but there is a wide cart path too. Taylor said they do have some flexibility so things can be worked out. RN asked if this driveway would service 2 or 3 lots. It would service 3 lots, with enough room for 2 cars to pass. RN is concerned about plowing this driveway and using chemicals on it that could end up in the wetlands. MR said it is not considered a road but a common driveway. RC said we could put no salt or sand to be used on the driveway. BM asked about an inlet at the end, it is for an emergency turnaround. BM said well where snow would go, it can’t go there. PP said no they could not. BM said it should absolutely be put into the deed that no chemicals for melting snow or ice should be used on that driveway. RC would like to see more topo on the plan and the cart path. Abutters spoke on this project. Ellen Clark-Lavender and her
representative, father Fred Clark spoke about this project. Mr. Clark had concerns with the driveway being 15 feet, he thought it had been requested as a 20 foot driveway. He is worried about the fact that there is no water or sewer on this area of the road. PP said it will be when they do the lots. Mr. Clark also said there is no leaching fields shown on the plan but this driveway may act as a dam in this area, what is the proposed use of Lot 2J, and why the plan approved in July listed Lozinski on it but now Field and Stream Realty is the owner listed. RC is concerned with the affect the driveway will have which is why he wants elevation shown on the plan, the use of the other lot is not under TCC jurisdiction, and Lozinski is part of Field and Stream Realty. Another abutter, McDermott from 104 Field Street spoke. He is concerned with the things he seems to think are on this property, a pond, a man made culvert, etc. He said it
seems to drain right now but will this building affect this, will flooding start to occur here. PP doesn’t seem to think its out on the property but rather runs parallel with the proposed driveway. There was more discussion on what exactly is on the property, MR is going out to walk the site. James Lavender spoke too. He asked if these men had the right to be out on the site with an excavator before given permission, and being in the wetlands. No they do not. But Mr. Lavender said they were out there and they were knocking down trees and vegetation. BM told the abutters that MI, MR, and RN will go out to walk the site and check these issues out. BM asked PP when he needed to start this work. Taylor said due to current economic times people aren’t jumping to get these properties so they would like to find a buyer for one or two before they start construction, but it might be spring, unless we have a very mild winter. Motion to continue to December 1, 2008, notify abutters,
etc., that the members of the TCC will be out there with MR on a certain day and time to walk the site, add spot elevations, 1 foot contours, and show the cart path on the plan, RN, second MI, so voted.
3. Lot 40 Craven Court, Richloff, (NOI), SE73-2364 A field report was read stating that this project is to construct a single family home with associated grading and utilities within the 100 foot buffer zone of a BVW. The wetlands were issued an ORAD (SE73-1909) on 4/6/04 which was then extended through 4/6/10. A siltation barrier is depicted on the plan at least 25 feet from the wetland and is marked as the limit of work. A dewatering area is shown outside the 100 foot buffer zone and roof drains go into drywells. The deck will be 65 feet from the wetland and the closest grading will be 66 feet from flag 80. As
presented, this proposal will not negatively impact the adjacent wetland area. MR recommends that the TCC approve this project and issue an order of conditions with the attached special conditions. Present Chris Gallagher. RC asked if they had done test pits for the drywells. CG said it was pretty variable, the soil wasn’t that hot. RC asked if there would be fill at the back of the house. CG said no, it would be a walk out basement. Motion to approve with a standard order of conditions with special conditions 2, 3, 4, 5, 7, 8, 9, 15, 16, 17, 19, 21, 23, 25, 26, and 27, NK, second RN, so voted.
Other Business
1. Letter to Kevin Scanlon. TCC all agreed it was ok to take money out of filing fees account to pay for legal ad.
2. TRWA. Grant request was denied for this year. There were many eligible projects.
3. Letter/Notice of Violation. ATV’s from 147 Winthrop Street, cutting up by the back of the church and across East Whitehill Street. Put in the violation no riding in the wetlands, 100 feet from wetlands, etc. RN wants this delivered to the tenants too, not just the homeowner. Motion to send this violation letter RN, second MI, so voted.
4. Vernon Street/Myrtle Street/Cobb Brook. Phone calls were received regarding this issue. The men hired for this job were dewatering into the sewer and they were doing illegal things such as pumping into the sewer line. RN approached the site and asked questions as to what was going on, spoke with one gentleman who immediately stopped the job. A second person in charge showed up, was extremely rude to RN, would not listen, called rude names. RN called MR and Tony Abreau. BM wants a letter to go to the person who employs this rude person, and wants it put in this man’s file. He feels TCC should be
recognized as City Employees. RC pointed out that if this crew had permission to discharge into the sewer, then we cannot tell them no. RN said it wasn’t on their plan, but Tony Abreau said they did have permission. Motion to send a letter to the City Council, the Mayor, and the DPW, that when a TCC member is out on the job they should be respected RN, second EE, so voted. And amended to add that RC feels the letter should be more specific and sent to the rude gentleman’s employer and put in his file, it should repeat word for word what was said and then sent to the city council. So voted.
5. Filing Fees. Discussion on raising them.
(RC out)
6. Morey’s Dam News. Murphy is wanted by many people. RN did want to put a lien on this property when it was here before. MR said not to worry, the city will put an attachment on it.
(RC back in)
7. Revised Agenda. RN asked if when we get these, are they up to date with the one in the city clerk’s office, because TCC can get in trouble if its not. MR said we are fine, legally only New Public Meetings and Public Hearings need to be in and up to date. It is faxed over. BM said new public hearings need 21 days.
8. Motion to adjourn, EE, second NK, so voted. Meeting ended 8:35 p.m.
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