CONSERVATION COMMISSION MEETING
September 27, 2006
MEMBERS PRESENT: Paul Lugten, Jason Talerman, Dan Crafton, Cheri Lawless, Laurence Harrington, Allan Shaw, Janet DeLonga (Agent)
MEMBERS ABSENT: Jeffrey Kane
Meeting tape by NCTV
6 White Pond Drive: Mr. Jacob asked the members to review the changes for the driveway indicated on the plan. Allan circulated pictures of the driveway to the members. Allan is not in favor of the changes. He feels everything will wash into the street. Jay’s concern is the alternative. He feels that if is not paved the mess would be worse from wear and tear. He would like a definitive list so they have specifics. Jay asked if it would be in compliance with the OOC. The OOC says they can pave it as long as there are no berms. Allan informed the committee that the Commission has a policy dating back 15 – 20 years that long driveways in wetland areas are not paved, and should remain pervious. Jay feels that since they have the right
under this OOC to pave it. We should make sure that it discharges the run-off in the proper way. To be discussed at next meeting. Jeff to call Chick Carter -774-254-2223. Dan pointed out that the OOC for the subdivision has expired. Allen suggested referring back to the August meeting. Continue to the next business meeting.
The Commission signed vouchers.
7:55 – Kane – 96 Main Street - John Glossa - the lot has been staked out. Janet has reviewed the stakes. Mr. Kane is willing to replace anything that needs to be replaced. John Glossa recommends they not be replaced on the leach trenches because it is only 13 inches of coverage. Planting shrubs would be difficult. Allan questioned the four stakes. John explained that they are for the over dig. No excavation beyond those stakes. Allen - wetland flag #2 is missing. Flagged by Glen Krovosky. Allen questioned the 75 foot distance from the pond. John stated that is a BOH requirement. Allen mentioned the retaining wall near pond looks like it is ready to collapse. John Glossa – it would not be a result of anything that they are
doing. They are 75 feet away. If it collapses, owner will have to take care of it as a separate issue. Jay – an advisory condition can be added in the OOC regarding the wall. John Glossa will mention it to owner. Jay motion to close. Dan seconded the motion. All members agreed. Jay asked Janet draft the OOC and to mention the wall in the orders.
George Bentley – Allan recused himself from the hearing. Jay Talerman was the chairman pro tem. Jay made the motion to accept the withdrawal. The motion was seconded by Larry. The Committee voted to accept the withdrawal of the NOI. Jay returned the gavel back to Allan.
Marion Tuesley – 12 Ridgefield Road– there is a discrepancy for the tree removal because of BOH issues. Jay questions what we are supposed to do. Janet explained that on a site visit there was a lot of trees that had been marked for removal that were outside the buffer zone. She feels they don’t have to come out, but perhaps they are being removed to get equipment in. From a conservation stand point there are trees that have to come out. BOH is unclear which trees would have to come out. Send a letter saying remove what you have to but replace them where the can. Save as many as you can. Janet to write letter.
8:15 – Recreation Commission - Lee Lyman, Ann Proto, Butch Vito - here for a follow up on the removal of phragmites for the town pond. They are a bit away from the water. The spraying would be directly on the plants by hand. Spraying can still be done within the next 3 – 4 weeks otherwise they would have to wait until next spring. Use Aqua-pro or Rodeo whichever one the Commission would prefer. Allan would like to know if there are other non-chemical options. He dislikes the use of chemicals. Lee Lyman stated there is no other affective alternative method besides the use of chemicals. Allan asked about weeding. Lee explained that weeding does nothing to remove the root systems because they are so long. Lee stated that the
phragmites can be treated for 2 years to have it wiped out completely. Allan distributed a hand out from “Beyond Pesticides – Glyphosphates”. Lee feels that the use of Glyphosphates is not backed up by science. Jay would like to see case studies. Last 12 years have generic environmental impact plans. We should have plan with CD that is endorsed by DEP, Environmental Affairs. Jay stated that 4 of the 7 members have not been on the board before. Ann feels there has been a general acceptance of Rodeo for herbicide use. Larry would like to know how it affects recreation. Ann says it does not directly affect them. The herbicides will not be in the pond. Does phragmites support any animal life? What is the area going to be replaced with? Paul concerned with having to put down more chemicals in spring than if it is done now. Lee- physical removal – shouldn’t try to
weed. Should be treated with chemicals first so it can be absorbed into root then 3 – 4 weeks they should be cut down. Takes 2 weeks for the glyphosphate to reach the roots. Dan – mow weekly would that kill it? No. Ann – replacing it with hopes the native plantings will come back. The longer we wait the more chemical to be used and more it costs. Jay stated that even if closed today they are still 3 weeks out. Butch - we are starting to lose other ponds in town. Chemicals are working. Jay asked what was used on the Trout Club ponds. Allen asked for a motion to continue until October 11, 2006. Jay moved to continue to Oct. 11th at 7:30 p.m. No further discussion. Paul seconded. Janet to draft a very rough OOC.
Pine Creek Development- Larry recused himself and left the table. Jeff Howland from Graves Engineering was present. Attorney Richard Nylen represented the applicants. Jay Talerman was the chairman pro tem. He informed the members of the Pine Creek team that Jeff Kane was absent from the meeting and would not be able to take part in any votes regarding final decisions. Pine Creek was given the option to present their case or ask for a continuance until Jeff is present. Dan Crafton was not present at the first meeting. He is not able to vote at all. Mr. Nylen opted for a continuance. He did submit two letters for distribution to the members for the next meeting. (One from BSC Group and one from United Consultants both relative to the engineering.) There was
no further discussion regarding the public hearing. Mr. Nylen did request that the two consultants be able to communicate with each other without having to come through the Commission every time. This request will be mentioned to Jeff and he will give the authorization. Pine Creek is hoping to close at the October 25th, 2006 meeting. If that is not the case, he is requesting a time on the November meeting agenda. Allen made the motion to continue to Oct. 25th at 8:15 p.m.. Jay disclosed that there maybe an issue with Town meeting needing to go a second night. No Town boards are allowed to hold meetings on a town meeting night. Jay – having heard second hand of an issue that occurred today, he is not pointing fingers. There has been a lot of history in this case. He really wants to caution everyone to have everything on the up & up. We cannot tolerate any kind of misconduct, any bad feelings
regardless how tense this hearing may get. He wants everyone on the Pine Creek side to be really cool. We will double the efforts on our side to give the service you deserve. He wants the Commission staff to be treated really well. Mr. Nylen pointed out that he has had no contact with the staff. Jay pointed out that Mr. Nylen is the team leader and since the whole team was present that is the message he wants to leave them with. We cannot have a good hearing with this kind of back drop. He is not sure what happened today. Something happened. Doesn’t want to have any discussion regarding the situation. Mr. Nylen knows nothing of the incident. Mr. Nylen asked if there was any other information submitted from the consultants. Jay believes there is a bit more information coming in. Representative from Graves Engineering mentioned that they have gotten some information from the Town flood plan
maps. They are also looking at the sequence of construction and the O&M. Mr. Nylen requested that when information is submitted that it immediately be directed to him or their consultant. Allen made the motion to continue this hearing to October 25, 2006 at 8:15 p.m. The motion was seconded by Dan. All in favor. The gavel was handed back to Allen.
Stony Brook Nature Center - No abutters present. Pam Musk discussed the project of trail improvement for visual impaired as well as other handicaps. They need to excavate six inches of soil then fill it with stone material. It is an ADA approval material. It provides a nice smooth surface for a wheelchair. The walkway will be arched to help with run off. The removed soils will be kept on property. It is DCR property not just Mass Audubon property. It is an existing trail. Do they have to allow for mitigation? There is no removal of plants etc. Jay read the response from DEP. It states that there should be replication. There are no erosion problems. This is strictly an upgrade. Jay questioned year
to year maintenance on this trail. Pam explained that there should be very little. Jay would like a better sketch of where the wetlands are and what the replication area would be. Time frame – opening in early spring. Continue to Oct. 25, 2006 at 8:45 p.m.. Larry motion for the continuation. Jay seconded. No further discussion. All in favor.
CHADWICK – Douglas Sparrow informed the Commission of the additional information and plan revision. The proposed to remove an existing deck, part of which extends into the 50 foot buffer zone and replace it with an addition. The first plan shows a 280 sq ft stone patio off the addition. There would be some dry wells within the 50-100 foot buffer zone. To offset the impact into the 50 ft. buffer zone along the body of water, the applicant has agreed to remove the 280 sq. ft stone patio in the buffer zone. The remaining disturbance is 220 sq ft within the 50 ft.
Buffer zone mitigation planting is 1,200 sq. ft. along the edge of the BVW. The applicant is proposing Highbush Blueberry, Red Twig Dogwood and Arrow Wood. This will provid food, nesting and shelter for wildlife. Doug continued follow-up with prior questions from the Commission. The majority of year the pond retains water. This is not a vernal pool. Alternative analysis – Doug asked the architect why they need a full foundation – size of addition does not allow itself to any other type of construction. Environmentally it would be exposed to more weather and moisture problems. Cannot move the location of the addition because the purpose of the addition was to expand the kitchen if it were moved, it would require major rewiring, plumbing, heating system etc. Cheri questioned dry wells. Doug pointed out the dry wells on the new plan. Allan circulated photos. Doug pointed out that there is a letter in the file from National Heritage. Janet would like the haybales shown
for the mitigation area. The Commission said no to the silt fence. Jay made the motion to close. Cheri seconded. All in favor. Janet to type a draft OOC.
Meader – 48 River Road – Replacement of a failed septic system to a single family home. The Charles River runs along the back of the property. The 50 and 100 for buffer are shown on the plan. This is a mounded system that will be placed in the front of the lot. The ground water is at 20 inches. The entire neighborhood is in a flood plain. They were able to locate the entire leach field and all proposed grading outside the 100 foot buffer. The septic tank will be located inside the 100 foot buffer. Everything will be accessed through the existing driveway. Larry would like to have the four corners of work staked. The Commission can look at erosion control. Allan made the motion to continue at Oct 11, 2006 at 8:00 p.m. Paul seconded. Commission to go out this weekend for a site inspection.
Martin Murphy – 29 Stop River Road - Mr. Murphy asked for a continuation to October. Paul motioned to continue the hearing to October 25, 2006 at 9:00 p.m. Cheri seconded the motion. All in favor.
Zhang – 53 Fruit Street - Mike Clark, Engineer with Norfolk Ram Group represented the applicant. Sheet 3 of 4 of plan shows revisions. Jay pointed out that Jeff was not here. The board decision was split at its last meeting for this project. They can still present their information for review. You may or may not choose to have the hearing as Jeff was not present. He will not have a vote. Mr. Clark requested a continuance. Jay motioned to continue to Oct 11, 2006 8:30. Larry seconded the motion. All in favor. Allan mentioned the history of long paved driveways. He feels the Commission should review the policy for paving.
George Cronin – Allen went out to look at the project. He feels that it is a mess. It is very over grown and can tell the detention pond is not working. Allan suggested a continuation to October 11, 2006. Larry suggested perhaps the drainage basin is not working. The engineering should be checked. Maybe the basin needs to be repaired. Mr. Cronin feels they would not spend any more money until it can be established as to whether or not this is a vernal pool. Mr. Sparrow did not provide enough information. Spring is the best time to determine vernal pool status. Jay offered to have our consultant review the vernal pool status but the Cronin’s would have to pay for it. Larry stated that if it is a vernal pool, they have to come up with
something different. Jay would like a holistic review of what is going on rather than in bits and pieces. He would like an engineer’s point of view. Mr. Cronin would like the hearing continued to the 4th Wed. in March 28, 2007 at 7:45 p.m. Mr. Cronin wonders if the Commission would be interested in purchasing the property. It abuts conservation land. Jay said it should be mentioned to the CPC. Jay will mention it to them. Allen asked for a motion to continue the hearing until March 2007. Dan made the motion. Jay seconded. No further discussion. All in favor.
Anthony Lancellotti – 23 Lake Street - Mr. Lancellotti was informed of Jeff’s absence. If any new information was presented, Jeff would not be able to vote. Cheri will not be able to vote. She is a new member. Mr. Lancellotti did not present any new information and will have Jeff’s vote. We have Graves’ report. Mr. Lancellotti asked for the public hearing to be closed. Larry made motion to close the hearing. Dan seconded the motion. All in favor. Janet to draft OOC.
Business –
Janet - Frontzac letter getting ready to go out.
Sawtelle – Janet showed the Commission pictures. They have to get the fill out. They have to put some type of ground cover down. French drain is coming out beyond the haybales. Larry pointed out that they were there all along.
Logie – COC . Have them pay two days worth of fines and they can get a release.
Saturday 10:00 a.m. site walks – River Road. Meet there!
Larry made motion to adjourn. Dan seconded the motion. All in favor. Meeting adjourned at 10:30.
_____________________________,
Allan M. Shaw
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