September 19, 2016 Conservation Commission meeting

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September 19, 2016 Conservation Commission meeting

Postby Mary Wright » Sun Nov 20, 2016 10:37 am

CONSERVATION COMMISSION MEETING MINUTES
MONDAY, SEPTEMBER 19, 2016

A meeting of the Conservation Commission was held on Monday, September 19, 2016. Ms. Brown called the meeting to order at 7:02 PM.

ATTENDANCE:
PRESENT: Linda Brown (Chairman), Michael Greco, Tracy Sharkey (Vice Chairman), Brandi Van Roo, Stephen Zisk (Conservation Agent)
ABSENT:

7:03 PM (NOI-DEP #143-0912) PUBLIC HEARING: 117 Chestnut Street, ELLIS, KYLE.
Ms. Brown opened the public hearing. Mike Yerka of Civil Site Engineering joined the meeting. The parcel is 9.5 acres. The applicant would like to build a four-bedroom home outside the 50’ buffer zone. Half of the septic system would be outside the 100’ buffer zone.
Mr. Zisk visited the site and questioned the wetland flagging lines between A-3 and A-7. More soils were tested and the line was moved up to the oak. 5-AR was moved 8 feet over. Six was not moved. The buffer zones were moved. A discussion was held.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for (DEP NOI #143-0912) 117 Chestnut Street, Kyle Ellis. Ms. Van Roo seconded the motion. Vote: Unanimous.

7:15 PM (NOI-DEP #143-0906) PUBLIC HEARING CONTINUED: 439 Northeast Main Street, 34 & 36 Davis Street, JMT SLEEPY HOLLOW, LLC & FITZPATRICK, JAMES
Normand Gamache of Guerriere and Halnon and Andrew Leonard, President of WW Contracting joined the meeting. Mr. Leonard is familiar with the jacking process that will be used to get the waterline underneath the brook. Mr. Gamache contacted two abutters, Robert Prunier (7 Davis Street) and Brian Prunier (16 Davis Street) regarding accessing their properties to get a more accurate location of the river. Mr. Gamache sent certified letters a month ago, and he has not heard from them.
There have been questions about the impact of the drainage on the cold water fishery. Mr. Gamache copied the stormwater management study, which requires you to treat an inch of water that is generated in the first flush of a storm if you are adjacent to a cold water fishery. They are required to treat 6,272 cu. ft. of water, and they have designed the system to treat 6,776 cu. ft.
They are also required to remove at least 44% of total suspended solids, which is what they will be doing. Mr. Gamache has not received any comments back from the Town Engineer yet. Mr. Gamache has looked at the natural heritage map and did not see any areas nearby that require them to file natural heritage.
Mr. Gamache and Mr. Leonard described the process of jacking the brook. Mr. Zisk asked for a written plan. The process would need to be done during a low-flow period. The Town would have ownership of the water line. The water loop was requested at the Planning Board meeting. A discussion was held.
There are two different wetland delineations because three different wetland scientists visited the site at three different periods of time. Mr. Gamache will be getting a report on the delineation from Art Allen of Eco Tech. Mr. Gamache did not request a letter from Todd Richards regarding the cold water fishery because he felt that that has been addressed. Mr. Gamache requested that the Commission do a site walk. It was the consensus of the Commission to ask BSC Group for a second opinion on the wetland delineation.
Mr. Zisk asked for a letter from Mr. Gamache stating that they used the Mass GIS website to determine the bank associated with the perennial stream. Mr. Zisk recommended waiting to contact BSC Group until they receive a full package from Mr. Gamache.
Mr. Gamache said that he spoke to the design engineer who said that the grade that is in the buffer zone has to do with the construction of the basin. Ms. Van Roo would like something in writing stating that it is only dealing with the retention area.
Jeremy Flansburg, 63 Monroe Street asked for clarification of “stream”, “brook”, “river” and “intermittent”. Mr. Flansburg said that at the last meeting, Mr. Gamache mentioned there was a difference between the earth removal plans and the plans he presented to the board. Mr. Flansburg asked if that difference had been rectified. Ms. Brown replied that these plans are for a subdivision. Mr. Flansburg feels the jacking of the stream could be straightened so that the thrust blocks would not be in the wetlands. Ms. Brown replied that they do not have any details on that process.
Dennis Michalik, 415 Northeast Main Street stated that the brook falls across ledge, which may make it difficult to jack it. He asked if the property would be returned to its natural state after the crossing is done. Ms. Brown replied that they are only addressing the pipe at this meeting. Mr. Gamache replied that anything that is in the buffer zone that is disturbed will be returned to its previous condition. Mr. Michalik feels that the children that live in the subdivision will cross the brook where the pipe is to go to school.
Mr. Flansburg asked if the thrust blocks or pits are in the buffer zone. Mr. Leonard replied that two of the pits are in the buffer zone.
The Commission moved to Discussion item #7 (see below).
Mr. Flansburg asked if Phase 3 tree removal ensures a buffer for the cold water fishery to ensure that it stays cold. Mr. Gamache stated that they will be 200’ away.
Mr. Michalik asked for clarification of the stormwater drainage requirements. Mr. Gamache explained the requirements, how the system is designed and how much water they can handle.
Ms. Brown stated that the NOI should have a narrative on page 1.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0906) JMT Sleepy Hollow, LLC and James Fitzpatrick, 439 Northeast Main Street to October 17, 2016 at 7:00 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

8:14 PM (NOI-DEP #143-0905) PUBLIC HEARING CONTINUED: 208 Yew Street, GUARANTEED BUILDERS & DEVELOPERS
Ms. Sharkey recused herself. Bill Pybas of Guaranteed Builders (GBI) joined the meeting. He presented the revised plan which showed the replication area as requested. Mr. Zisk stated that BSC Group sent a letter saying they agreed with the proposed design. Karen Keegan of GBI submitted the flow analysis which showed that the crossing meets the stormwater crossing calculations.
The Commission is requesting a bond for the replication and the crossing, which was added to the Order of Conditions.
Ms. Van Roo made a motion to close the public hearing and issue an Order of Conditions for (NOI-DEP #143-0905) Guaranteed Builders & Developers, 208 Yew Street. Mr. Greco seconded the motion. Vote: Unanimous.
Ms. Sharkey rejoined the meeting.

DISCUSSION:
1. 42 Martin Road. Mr. Zisk stated that Sandra Lawson is afraid that the tree in the middle of the garden will fall and take down the power lines. She would like to cut it. There is an intermittent stream. By consensus, the Commission agreed that the tree could be taken down.
2. Tennessee Gas Pipeline: Matt Novak. Mr. Novak joined the meeting and stated that a letter was sent in June informing the Commission that they were going to do some right-of-way mowing activities. Ms. Van Roo informed Mr. Novak that the Commission has the right to peruse the details of what they intend to do and to ask for modifications that do not hinder their ability to do their job. The Commission needs more information as to what they will be doing and where. Mr. Novak replied that the work will be done along their existing pipeline corridor. The width of the mowing is 40’. Mr. Novak explained that they are exempt from Mass. State regulations, and the town bylaws do not overrule the State. A discussion was held.
The Commission asked for a map of the sensitive areas. Mr. Novak explained that they will do the mowing first. If there are areas that need side trimming, they will come to the Commission. At water body crossings, they will not mow within 25’ of the top of the bank, with the exception of a 10’ wide strip that will go directly over the pipeline. In wetlands, there will be a 10’ wide corridor centered on the pipeline. Outside of that 10’ corridor, trees that have the potential to damage the pipeline coating (25’-30’ tall) will be taken down. The Commission asked for a summary and map, including the number of streams and wetlands that will be crossed and a sequence of activity. They also asked for a copy of the MESA filing. The Commission asked that Mr. Zisk be notified a couple weeks before the mowing starts in Douglas.
3. Request for Extension Permit for Order of Conditions: Jackson Song dba Cibao Developers, LLC, 209 South Street (Evergreen Estates). Mr. Zisk showed photos of the site. A gentleman joined the meeting and stated that the last extension of the Order of Conditions expired yesterday. The request for the extension was submitted 30 days before that.
Ms. Sharkey made a motion to grant the Extension Permit for Order of Conditions: Jackson Song dba Cibao Developers, LLC, 209 South Street (Evergreen Estates) for one year. Mr. Greco seconded the motion. Vote: Unanimous.
4. Request for a Certificate of Compliance: Dan Heney dba Orbison Corp., 16 Franklin Street. Mr. Zisk showed a video of the site.
Ms. Van Roo made a motion to issue a Certificate of Compliance for Dan Heney dba Orbison Corp., 16 Franklin Street. Ms. Sharkey seconded the motion. Vote: Unanimous.
5. Request for a Certificate of Compliance: Margaret Bacon, 80 Maple Street (DEP #143-0761). Mr. Zisk showed a video of the site. There is a dog kennel on the edge of the 50’ wetland buffer.
Ms. Sharkey made a motion to issue a Certificate of Compliance for Margaret Bacon, 80 Maple Street (DEP #143-0761). Mr. Greco seconded the motion. Vote: Unanimous.
6. MassDOT, Webster Street Project: Revised Plan. Ms. Brown stated that a revised plan has been received showing the vegetation and species list. Mr. Zisk stated that the replication area was modified to stay within the Town right-of-way. The Commission requested a final plan that does not show the culverts.
7. Request for Project Review/Planning Board: Earth Removal Special Permit Application: JMT Sleepy Hollow, 439 Northeast Main and 34 & 36 Davis Streets (Phase 3). Normand Gamache of Guerriere and Halnon stated that earth removal area A will have some earth removal within 100’ of the resource area. The grading on this plan is the same as on the subdivision plan submitted to the Commission. Mr. Gamache stated that there is work in Phase 3 covered by the Commission’s jurisdiction, and it is covered in the NOI DEP #143-0906 for the subdivision. The Commission’s comment is that the applicant has filed an NOI.
8. Voucher (BSC Group).
9. Minutes: August 15, 2016
Approval of the August 15, 2016 Conservation Commission meeting minutes was deferred to the next meeting.
10. Received a letter from the Burrillville Conservation Commission dated September 2, 2016 regarding a proposed power plant. Mr. Zisk will ask them for clarification as to where it is going to be located and what type of plant it will be.

9:09 PM ADJOURNMENT:
Ms. Van Roo made a motion to adjourn the meeting at 9:09 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
 
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