November 5, 2018 Conservation Commission meeting

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November 5, 2018 Conservation Commission meeting

Postby Mary Wright » Tue Feb 19, 2019 3:55 pm


A meeting of the Conservation Commission was held on Monday, November 5, 2018. Ms. Sharkey called the meeting to order at 7:00 PM. She stated that the meeting is being recorded.

PRESENT: Tracy Sharkey (Chair), Katiegrace Dudley, Michael Greco (Vice Chair)
NON-VOTING: Stephen Zisk (Conservation Agent)

7:00 PM PUBLIC HEARING (ANRAD #143-0964): 0 Wallum Lake Road/ASD WALLUM MA SOLAR, LLC.
Jeff Brandt of TRC and Lawrence Cook of AMP joined the meeting. Mr. Brandt stated that Art Allen of EcoTec visited the site on October 26, 2018 and checked the wetland line delineations. There were three small edits. The only significant change was to the north part of the site where an intermittent stream and its associated wetland was found. The applicant does not agree with the delineation, but they are accepting it for now. Ms. Sharkey stated that they will need to accept the delineation for at least three years. No work is being planned within the Commission’s jurisdiction. A discussion was held.
Ray Markey of 55 Chestnut Street asked about future subdivision plans. Mr. Zisk explained the Commission’s jurisdiction.
Jean Forget of 36 Birch Hill Road asked if the wetlands found in the original survey had disappeared. Mr. Brandt explained how the land had been logged at one point and that the intermittent streams that were in the middle of the property are no longer there. Ms. Sharkey stated that jurisdictionally, that area no longer qualifies as a wetland. Mr. Cook explained that wetlands do change naturally.
Ken Ruddock of 195 South Street asked if there are any more proposals for land clearing in the area. Mr. Cook feels that that will be discussed at the Planning Board’s site plan review.
Jeanne Lawrence of 119 Shore Road asked for clarification of the Commission’s jurisdiction.
Ms. Forget asked, if nothing is done in three years, would the wetland delineation need to be done again? Ms. Sharkey stated that it would be looked at again.
Mr. Greco made a motion to continue the public hearing for 0 Wallum Lake Road, ASD Wallum MA Solar, LLC (ANRAD #143-0964) to December 3, 2018 at 7:00 PM. Ms. Dudley seconded the motion. Vote: Aye-2.

7:19 PM (ANRAD #143-0968) PUBLIC HEARING: 195 South Street/QUARTZ SOLAR, LLC.
Charles Brink of GEI Consultants joined the meeting. Ms. Sharkey opened the public hearing. Ms. Sharkey asked that the applicant bring the green cards to the next meeting. Mr. Zisk stated that the wetlands on the property were delineated back when the subdivision was designed. The subdivision is active and the subdivision is being constructed. This ANRAD has been filed to dispute the delineation of the wetlands on the site. Mr. Brink stated that a paved road and detention pond have been created within the wetlands.
Ms. Sharkey suggested that the applicant file a Notice of Intent. Mr. Zisk explained that the wetlands are still there and the project has an active Order of Conditions. To change the wetlands, the subdivision’s Order of Conditions would need to be modified. Mr. Zisk suggested overlaying the two delineations. A discussion was held.
Dina Ruddock of 195 South Street stated that the address the applicant filed under is her address. Mr. Brink explained that 195 South Street is the address for the access road, which the developer provided. Ms. Sharkey suggested that the applicant re-advertise.
Ray Markey of 55 Chestnut Street asked if the 33 acres buffeting the area to be used for passive recreation and wetland stabilization is still planned for the project. Mr. Zisk stated that that is a question for the Planning Board.
Michelle Markey of 55 Chestnut Street asked if there is a quality assurance plan for the project. Ms. Sharkey stated that the application before the Commission is just for the wetland delineation. Mr. Zisk suggested she speak with the Town Engineer.
Ms. Dudley made a motion to continue the public hearing for 195 South Street, Quartz Solar, LLC (ANRAD #143-0968) to December 3, 2018 at 7:15 PM. Mr. Greco seconded the motion. Vote: Aye-2.

7:42 PM (NOI #143-0965) PUBLIC HEARING: 79 Ledgestone Road/SHERMAN, PETER.
Ms. Sharkey opened the public hearing. Glenn Krevosky of EBT Environmental joined the meeting. The builder, Ron Gwyther, was also present. Mr. Krevosky stated that there are two houses on a single parcel. The applicant would like to raze both houses and construct a single dwelling with a deck, garage and new well.
The septic and proposed garage are outside the 100’ buffer. A perimeter drain will be installed around the walkout, a stockpile area will be outside the buffer zone, and only two trees will be removed, one of which is within the buffer zone. The proposed house will be 57’ from the water. The boat ramp is the resource area limit. The stairs for the deck are in the 50’.
No structures should be shown in the 50’ on the plan. Ms. Sharkey suggested that the location of the well be moved to the side to save the tree that is in the 50’ buffer. Mr. Krevosky explained that the tree is being removed because it obstructs the view from the proposed building. A discussion was held.
Mr. Greco made a motion to continue the public hearing for 79 Ledgestone Road, Peter Sherman (NOI #143-0965) to December 3, 2018 at 7:30 PM. Ms. Dudley seconded the motion. Vote: Aye-2.

1. Tree cutting complaint: 117 Shore Road. Bob Murphy of Murphy Associates joined the meeting to represent Bob and Diane Miller. Mr. and Mrs. Miller were also present. Mr. Miller stated that 12” and 14” trees on both sides of the driveway were removed in May, 2018. Approximately 10 trees along the property line were removed, starting 40’ from the lake and going right up to the street. Mr. Murphy went to the site today and saw that the stumps are covered with pine bark.
The complaint was submitted on October 15, 2018. The Millers did not know that permission was not received to cut the trees.
Mr. Miller stated that his neighbors are complaining that the work he is doing on his lot is creating mushy grass in the back and creating water problems for their lots. Mr. Miller feels that the water is coming off the road and down the driveway, creating the wet, spongy lawn. “She” has cut down 8 or 9 trees and is blaming the Millers for “her” problem.
Ms. Sharkey stated that the Commission needs to see a plan with the location of the stumps and the wetland buffers to show if whether or not a tree has been cut within 100’ of the bank.
Jeanne Lawrence of 119 Shore Road stated that the trees were not cut in May and the logs were cut in Rhode Island and brought to the property. Ms. Miller disagreed.
Mr. Murphy stated that the Millers have filed a Notice of Intent to do work on their property. The neighbors are cutting down trees between their properties with no regard to jurisdiction. The Millers would like a Cease or Desist and an explanation.
Ms. Sharkey stated that, based on the evidence submitted by Mr. Murphy, it does not appear as though the tree cutting is within the jurisdiction of the Commission. Mr. Murphy agreed and stated that if the Millers wish to pursue the complaint, they will need to provide additional information.
The Commission will notify the property owner of 117 Shore Road that any activity with 100’ of a wetland needs to come before the Commission. The property owner was not present at the meeting.
2. 2019 Meeting Schedule. Ms. Dudley made a motion to accept the 2019 Conservation Commission Meeting Schedule as presented. Mr. Greco seconded the motion. Vote: Aye-3.
3. Sign: Order of Conditions: James & Suzanne White, 41 Hemlock Street (DEP #143-0963).
4. Sign: Order of Conditions: Town of Sutton Board of Selectmen, Manchaug Pond (DEP #143-0956).
5. Minutes: September 17, October 1, & October 15, 2018
Mr. Greco made a motion to approve the minutes of the September 17 and October 1, 2018 Conservation Commission meetings as presented. Ms. Dudley seconded the motion. Vote: Aye-2.
Approval of the minutes of the October 15, 2018 Conservation Commission meeting was deferred to the next meeting.

Ms. Dudley presented an article from a local newspaper stating that the Blackstone River Watershed Association has produced a guide for town officials to use when dealing with large scale solar proposals. This guide is available online at\guides.htm and is applicable to Conservation Commissions and Planning Boards.

Mr. Greco made a motion to adjourn the meeting at 8:27 PM. Ms. Dudley seconded the motion. Vote: Aye-3.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 601
Joined: Thu Jan 12, 2012 8:56 pm

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