3/18/2019 - Conservation Meeting

Moderator: Maria Lajoie

3/18/2019 - Conservation Meeting

Postby Maria Lajoie » Thu Mar 14, 2019 12:49 pm

CONSERVATION COMMISSION MEETING
MONDAY, MARCH 18, 2019
(Community Meeting Room)
7:00 PM

7:00 PM (AM.NOI 143-0906) PUBLIC HEARING: 34 Davis Street / JMT SLEEPY HOLLOW, LLC

7:15 PM (ANRAD 143-0968) PUBLIC HEARING CONTINUED: Thomas Circle, off South Street / QUARTZ SOLAR, LLC

7:30 PM (NOI 143-0967) PUBLIC HEARING CONTINUED: 170 West Street / DOUGLAS RENEWABLES, LLC

7:45 PM (NOI 143-0966) PUBLIC HEARING CONTINUED: 26 North Street / HAYWARD LANDING ASSOCIATES

8:00 PM (NOI 143-0969) PUBLIC HEARING CONTINUED: Southeast Main Street, Lot #7 / MBACON REALTY, LLC

DISCUSSION
1. Tennessee Gas Pipeline: Perform mowing activities on existing pipeline right-of-way / Matthew Nowak, PWS
2. Deer Crossing Development, LLC, 64 Woodland Road: Discussion of Minor Plan Change (DEP #143-0728)
3. Request for Tree Removal: 56 West Street
4. Guaranteed Builders & Developers: 37 Glen Street / Wetland & Replication Bonds (DEP #143-0749)
5. Sign – Collins, 12 Cottage Colony (DOA)
6. North Village: Future work
7. Sign – Vouchers (2)

Minutes: 12/3, 1/7, 2/4

____________________________________________________________________
Upcoming Meetings: 4/1, 4/15


Open session for topics not reasonably anticipated 48 hours in advance of Meeting.
Maria Lajoie
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Re: 3/18/2019 - Conservation Meeting

Postby Mary Wright » Sat Apr 13, 2019 5:53 pm

CONSERVATION COMMISSION MEETING MINUTES
MONDAY, MARCH 18, 2018

A meeting of the Conservation Commission was held on Monday, March 18, 2019. Ms. Sharkey called the meeting to order at 7:02 PM.

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

7:02 PM (AM.NOI #143-0906) PUBLIC HEARING: 34 Davis Street/JMT SLEEPY HOLLOW, LLC
Ms. Sharkey opened the public hearing. John Federico of Guerriere and Halnon joined the meeting. He stated that the initial plans for the subdivision were submitted, but a revision was made on 6/19/18. Part of the revision reduces a 7,520 sq. ft. water main easement on lot 34 to 7,297 total sq. ft., and the easement line has been shifted “13.2 feet away from the adjacent wetland”. This shift will add 10’ to the frontage. No activity will take place in the no disturb area.
The water line has been shifted slightly. The water main has not been constructed yet. Mr. Federico does not know how the water line will be dug.
Mr. Zisk thought that the reason for the change was to reduce the angle of the water pipe. Mr. Zisk recommended continuing the public hearing so that a representative with a better understanding of the project can be present. He suggested that Mr. Federico email him with the reasons why the changes have been made.
Magen Michalik of 48 Davis Street would like to know why the line has been changed.
Dennis Michalik of 415 Northeast Main Street asked if there is a house lot. Mr. Federico showed him the plan.
Ms. Dudley made a motion to continue the public hearing for (AM.NOI #143-0906), JMT Sleepy Hollow, LLC, 34 Davis Street to April 1, 2019 at 7:15 PM. Mr. Greco seconded the motion. Vote: Aye-2.

7:18 PM (ANRAD #143-0968) PUBLIC HEARING CONTINUED: Thomas Circle/QUARTZ SOLAR, LLC
Brad Saunders of GEI Consultants joined the meeting to present an as-built that was generated in December, 2018. He stated that he met with Art Allen of EcoTec on 2/15/19 and they reviewed all the wetlands on the property including the bordering vegetative wetland (BVW), a perennial stream, the flood plain, and riverfront area.
They were unable to flag the bank of Tinkerbell Brook because there was a beaver dam in the middle of it and the bank is underwater. Mr. Allen’s solution was to use an aerial photograph to identify the stream channel to the north and west of the dam. One was found from 2015. The area has been flagged.
One wetland area found by Haines Hydrogeologic could not be located.
Mr. Saunders stated that they would like an ORAD so they can begin looking at what kind of solar array can be placed on the property. They have not put in a request for a Certificate of Compliance. Ms. Sharkey stated that the applicant needs to show the stabilization of the work on the site that was completed.
Mr. Zisk stated that there are some issues with stormwater runoff. The erosion is coming from the stockpiles. Mr. Saunders said that some of the catch basin filters are no longer filtering. He stated that they can clean the roadway and restore the filters when the construction begins for the solar array. The Commission asked Mr. Saunders to come up with a plan to protect the stockpiles from eroding and then clean up the road. Mr. Saunders suggested surrounding the stockpiles with silt fence.
Mr. Saunders is in contact with Town Counsel about the subdivision aspect of the plan. Mr. Zisk suggested that Town Counsel be contacted about how to go about closing out the Order of Conditions after the applicant requests the Order.
Ms. Dudley made a motion to continue the public hearing for (ANRAD #143-0968) Quartz Solar, LLC, Thomas Circle to April 1, 2019 at 7:30 PM. Mr. Greco seconded the motion. Vote: Aye-2.

7:36 PM (NOI #143-0967) PUBLIC HEARING CONTINUED: 170 West Street/DOUGLAS RENEWABLES, LLC
Jeff Murphy of Beals and Thomas joined the meeting. He reviewed site plan changes, including the revised sequencing notes. The temporary timber mat bridge will be in place for a maximum of three weeks. Construction of the crossing will occur during dry, low-flow months June-September. Recovered soil may be used in the replication areas, provided the soil meets the requirements. Sequencing notes were added to the 2/8/19 site plan.
The culvert was sized by approximating the flow. The culvert will be constructed with 12” HDPE with a flared section at either end with 18” of cover.
The replication areas are 5625 sq. ft. and 780 sq. ft.
At the Town Engineer’s recommendation, a small basin was added in the buffer zone near the access driveway for stormwater management. It is right at the 50’ wetlands buffer line. It will be cross-pitched and erosion controls will surround it. Ms. Sharkey asked to see the stormwater calculation. Mr. Murphy will provide that information. Ms. Sharkey suggested a swale outside the buffer zone in lieu of the culvert. A discussion was held.
Mr. Greco made a motion to close the public hearing for (NOI #143-0967) Douglas Renewables, LLC, 170 West Street. Ms. Dudley seconded the motion. Vote: Aye-2.
Mr. Greco made a motion to issue an Order of Conditions for (NOI #143-0967) Douglas Renewables, LLC, 170 West Street, with standard conditions and subject to bonding being in place for the crossing and replication areas before any activity can begin. Ms. Dudley seconded the motion. Vote: Aye-2.

8:10 PM (NOI 143-0966) PUBLIC HEARING CONTINUED: 26 North Street, HAYWARD LANDING ASSOCIATES
Nancy Marshall of Ransom Consulting joined the meeting. Since the 2/4/19 meeting, the 2014 Flood Study that the Dept. of Environmental Protection (DEP) had referenced in their comments has been obtained. The flood line has been adjusted on the plan. It has been moved up a little, but it is still below the wall.
The engineers determined that the rip rap at the toe of the slope is not necessary, and the rip rap has been removed from the plan.
Ms. Dudley made motion to close the public hearing for (NOI 143-0966) 26 North Street, Hayward Landing Associates. Mr. Greco seconded the motion. Vote: Aye-2.
Ms. Dudley made motion to issue an Order of Conditions for (NOI 143-0966) 26 North Street, Hayward Landing Associates with standard conditions. Mr. Greco seconded the motion. Vote: Aye-2.

8:13 PM (NOI 143-0969) PUBLIC HEARING CONTINUED: Southeast Main Street, Lot #7, MBACON REALTY, LLC
Margaret Bacon of Civil Site Engineering joined the meeting, and she is requesting a permit for a wetland crossing at 149 Southeast Main Street. She presented the planting plan for the crossing. The well has been moved outside the 100’ buffer. The utility poles will be outside the wetland limits. The date of the revised plan is 3/13/19.
An 18” culvert was added next to the 6’ x 3’ box culvert to capture the big storm events. The Commission reviewed photos of the site.
Mr. Greco made a motion to close the public hearing for (NOI 143-0969) 149 Southeast Main Street, Lot #7, MBacon Realty, LLC. Ms. Dudley seconded the motion. Vote: Aye-2.
Ms. Dudley made a motion to issue an Order of Conditions for (NOI 143-0969) 149 Southeast Main Street, Lot #7, MBacon Realty, LLC with standard conditions for the revised plan dated 3/13/19. Mr. Greco seconded the motion. Vote: Aye-2.

DISCUSSION:
1. Tennessee Gas Pipeline: Perform mowing activities on existing pipeline right-of-way/Matthew Nowak, PWS. Mr. Nowak of the Tennessee Gas Pipeline joined the meeting. He provided a letter notifying the Commission of their planned mowing activities.
Steve Rogers was also present. The mowing would not be done until after 11/1/19 as they are restricted from doing routine vegetative maintenance from 4/15 – 8/1.
Ms. Sharkey stated that this activity is exempt under the Wetlands Protection Act. Mr. Nowak described how the mowing will be done. This maintenance is done every three years. Ms. Sharkey asked to obtain Town Counsel’s opinion regarding exempt activities for utilities.
Mr. Nowak will provide Mr. Zisk with the best management practices that will be used.
2. Deer Crossing Development, LLC, 64 Woodland Road: Discussion of minor plan change (DEP #143-0728). Dave Marquedant of JD Marquedant & Associates and John Nealon of Deer Crossing Development joined the meeting. The abutters have been notified about tonight’s meeting regarding the change in position of the houses and driveways.
The limit of work has not changed. The change involves moving the house forward 18’ and flipping it. It will remain 51’ off the wetland. The driveway will be shortened by 98’. The septic system will be moved to the left so that it is mostly out of the buffer zone.
They are proposing rocks in lieu of a split rail fence at the limit of disturbance at the 68 contour. The shed will be behind the rocks. Ms. Sharkey asked if the shed could be moved to approximately the 80 contour. Mr. Marquedant agreed.
The new plan will create 616 sq. ft. less impervious area. Ms. Sharkey stated that they do not know that as fact because they do not have the numbers. A discussion was held. Mr. Zisk’s opinion was that they are lessening the impact to the wetlands.
Some grading has been done behind the stones from the 24 from flag AB31.
The Commission asked for an as-built when the project is completed.
Ms. Sharkey suggested that Mr. Marquedant publish a newspaper notice for the April meeting per Wetlands Program Policy. Mr. Marquedant will speak with Tim about it. He will be in touch with Ms. Lavoie about putting the notice together.
Mr. Zisk scheduled Deer Crossing for 7:45 PM on April 1, 2019.
3. Request for Tree Removal: 56 West Street. Rob Podolak joined the meeting. A tree fell on the spot where the house will be built. He is concerned with this happening in the future as there are dead and dying trees on the property. He has put yellow caution tape on the 12 trees that he is concerned with. Mr. Podolak presented some plans. Mr. Zisk presented photos of the site. Ms. Dudley showed Mr. Podolak where the Commission’s jurisdiction would be. The Commission asked that the stumps be kept in place.
Ms. Dudley made a motion to approve the Request for Tree Removal at 56 West Street with the conditions that only the tagged trees are to be removed (up to 15 trees), the stumps are to remain, and no machinery is to be parked within the 50’. Mr. Greco seconded the motion. Vote: Aye-2.
4. Guaranteed Builders & Developers: 37 Glen Street/Wetland & Replication Bonds (DEP #143-0749). Ms. Sharkey recused herself. Mr. Zisk has done the calculations in the amount of $5,000 for the replication area and the pipe.
Ms. Dudley made a motion to approve the bond values as presented for Guaranteed Builders & Developers, 37 Glen Street/Wetland & Replication Bonds (DEP #143-0749). Mr. Greco seconded the motion. Vote: Aye-2, Ms. Sharkey abstained.
Ms. Sharkey rejoined the meeting.
5. Sign: Collins, 12 Cottage Colony (DOA).
6. North Village: Future Work. Ms. Sharkey asked that this discussion be kept on the agenda to inform the board and the applicant that the Order of Conditions has been closed out, and if the applicant decides to do any work within the 100’ of the mapped wetlands in the future, they need to refile.
7. Sign: Vouchers (2).
8. Minutes: December 3, 2018 & January 7 & February 4, 2019
Ms. Dudley made a motion to approve the December 3, 2018 minutes of the Conservation Commission meeting as presented. Mr. Greco seconded the motion. Vote: Aye-2.
Approval of the January 7 and February 4, 2019 minutes of the Conservation Commission meetings was deferred to the next meeting.

OTHER BUSINESS:
Daursuz Matuszek and Anna Vinacco of North Kingston, Rhode Island joined the meeting regarding 24 Holt Road, King’s Family Campground in Sutton. They are doing work on the Sutton side of the campground. They received a permit for Title 5 work for the whole property. Mr. Matuszek is installing a 100’ x 120’ leach field. He deepened a drainage swale 1.5’ for 300’ on the Douglas side. That activity was done during a dry period.
Ms. Sharkey asked if there is a flowage easement in his deed saying that he is receiving the water from the culvert from the roadway. Mr. Matuszek stated that no streams or wetlands are shown on the entire property.
The material taken out of the ditch was placed in a stockpile next to the drainage ditch. Dead trees were cleared and removed. Some wood has been piled next to the shed. The Commission reviewed photos of the site. A discussion was held.
The Commission decided that Mr. Matuszek has until May 31, 2019 to have all the material removed. He was asked to call Mr. Zisk when everything is complete. He cannot dig any more of the ditch. Mr. Matuszek will need to file a Request for Determination for another 18” section of the ditch and to cut more trees. Ms. Sharkey suggested he have someone size it for the flow and have a proper plan.

9:41 PM ADJOURNMENT:
Ms. Dudley made a motion to adjourn the meeting at 9:41 PM. Mr. Greco seconded the motion. Vote: Aye-3.

Respectfully submitted,

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


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