7/15/2019 Conservation Meeting

Moderator: Maria Lajoie

7/15/2019 Conservation Meeting

Postby Maria Lajoie » Thu Jul 11, 2019 2:57 pm

CONSERVATION COMMISSION MEETING
MONDAY, JULY 15, 2019
(Community Meeting Room)
7:00 PM

7:00 PM (NOI-143-0976) PUBLIC HEARING CONTINUED: 161 Maple Street / DAVIS, DENISE

7:15 PM (NOI-143-0977) PUBLIC HEARING CONTINUED: 41 Shore Road / PRINCE, CHERYL

7:30 PM (NOI-143-0973) PUBLIC HEARING CONTINUED: 49 & 53 Woodland Road / DEER CROSSING DEVELOPMENT, LLC

7:35 PM (NOI-143-0974) PUBLIC HEARING CONTINUED: 49 Woodland Road / DEER CROSSING DEVELOPMENT, LLC

7:40 PM (NOI-143-0975) PUBLIC HEARING CONTINUED: 53 Woodland Road / DEER CROSSING DEVELOPMENT, LLC

7:50 PM (NOI-143-0---) PUBLIC HEARING: 131 Franklin Street / HOVAGIMIAM MICHAEL M.

Open session for topics not reasonably anticipated 48 hours in advance of Meeting

DISCUSSION
1. Everett Andrews, 225 Yew Street
2. Request for a Certificate of Compliance: Stockwood Realty, Douglas Hill Way (off of Northwest Main Street) DEP #143-0656
3. 134 Southeast Main Street
4. Complaint: 25 South Street
5. Voucher: MACC Annual Dues FY20

Mail
Minutes: 5/13, 6/3, 6/17
Upcoming Meetings: 8/5, 8/19
Maria Lajoie
Maria Lajoie
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Re: 7/15/2019 Conservation Meeting

Postby Mary Wright » Thu Sep 26, 2019 7:43 pm

CONSERVATION COMMISSION MEETING MINUTES
MONDAY, JULY 15, 2019

A meeting of the Conservation Commission was held on Monday, July 15, 2019. Ms. Sharkey called the meeting to order at 7:03 PM.

ATTENDANCE:
PRESENT: Tracy Sharkey (Chair), Katiegrace Dudley, Michael Greco (Vice Chair), Eric Harris (Associate), Arthur Montminy, Mark Mungeam
ABSENT:
NON-VOTING: Stephen Zisk (Conservation Agent)

7:03 PM (NOI #143-0976) PUBLIC HEARING CONTINUED: 161 Maple Street/DAVIS, DENISE.
Bruce Williams of Allen Engineering joined the meeting. The builder, Franz Burke, was also present. A conceptual plan was presented at the last meeting. Mr. Williams presented a plan that excludes the pond. All work will take place outside the riverfront area. The proposed house has been turned to situate it farther from the wetlands at a distance of 68’. The site has been lowered 4’ to relax the grades around the perimeter. The following have been added to the plan: a stockpile area, dimensions for the deck, notes regarding the fill, a slurry pit for the well, and the locations of utility poles. The propane tank will be underground.
Mr. Williams stated that Goddard Consulting has prepared a separate wetland restoration plan. Scott Goddard of Goddard Engineering joined the meeting and gave an overview of the restoration plan, which involves approximately 2,160 sq. ft. of wetland impact. They propose to replace 30 shrubs, 40 ferns and seed the entire area with wetland seed mix. They propose two years of monitoring and a 75% vegetative cover threshold. A discussion was held including discussions regarding old and recent clearings.
The proposed paved driveway is 15’ away from the bordering vegetative wetland (BVW), with the limit of clearing 15’ away. Water will flow perpendicular to the driveway. Mr. Goddard proposed a visual marker to deter lawn creep.
Mr. Goddard plans to complete replication prior to proceeding with other phases of the project.
Mr. Greco made a motion to close the public hearing for (NOI #143-0976) Denise Davis, 161 Maple Street. Mr. Montminy seconded the motion. Vote: Aye-5.
Mr. Montminy made a motion to issue an Order of Conditions for (NOI #143-0976) Denise Davis, 161 Maple Street with the condition that plantings will be completed by the end of September and boulders placed between wetland flags A40 and A39. Mr. Greco seconded the motion. Vote: Aye-4, Mr. Mungeam abstained.

7:26 PM (NOI-143-0977) PUBLIC HEARING CONTINUED: 41 Shore Road/ PRINCE, CHERYL.
Fred Lapham of Shea Engineering joined the meeting. Ms. Sharkey stated that the following have been submitted: a new plan, a construction sequence, a letter from an arborist, and proof of certified mailings. Mr. Lapham stated that he lengthened the description of the work, and the certified mail was sent to the Dept. of Environmental Protection (DEP) today.
Mr. Lapham reviewed the construction sequence. He is proposing a septic system repair and installing a new artesian well 5’ from the old well. The cesspool will be replaced with a tight tank.
Trees outside the work area that are dead, beyond recovery, or posing a problem will be trimmed and cut. Mr. Zisk showed photos of the trees. Trees #22 and #27 will just be trimmed and will not be removed. Trees #23, 24, and 25 are all dead hemlocks. Tree #28 is a very large dead oak. Tree #21will not be removed. All trees in the work area will be removed. The tree in the wetland will have its limbs cut one by one by a tree climber, taken off the site, and the tree will be dropped where it is. There will be no machinery in the wetland or in the area behind the house. No plantings, other than landscape plantings in front of the house, are proposed as Mr. Lapham feels there is good recovery occurring.
The first item in the construction sequence is to cut the trees into logs, carry them to the front of the property and remove them from the site. There will be no stumping.
A filter sock will be set up for dewatering. Mr. Lapham is working on a plan to create a finished texture and stabilize the area on both sides of the house that is less muddy. Landscape stripping will be used to contain the pea stone.
Mr. Zisk stated that the shading of the bank is critical. He is pleased with the revisions made to the plan. Mr. Lapham submitted to Natural Heritage today.
Mr. Greco made a motion to continue the public hearing for (NOI #143-0977) Cheryl Prince, 41 Shore Road to August 5, 2019 at 7:00 PM. Mr. Montminy seconded the motion. Vote: Aye-5.

7:51 PM (NOI-DEP #143-0973) PUBLIC HEARING CONTINUED: 49 & 53 Woodland Road/DEER CROSSING DEVELOPMENT, LLC.
Tim Nealon of Deer Crossing Development, LLC joined the meeting. Revisions to the plan included: reduction of the size of the rip rap on the downhill side of the culvert to 5’ x 10’, three crushed stone aprons were added to control the velocity of water, a row of anti-creep rocks was added on both sides of the driveway, stockpile moved, and the construction sequence was modified.
The wetlands were reviewed by Art Allen of EcoTec.
Mr. Greco made a motion to close the public hearing for (NOI-DEP #143-0973) 49 & 53 Woodland Road, Deer Crossing Development, LLC. Ms. Dudley seconded the motion. Vote: Aye-5.
Ms. Dudley made a motion to accept the plan as presented and issue an Order of Conditions to include the construction sequence for (NOI-DEP #143-0973) 49 & 53 Woodland Road, Deer Crossing Development, LLC. Mr. Montminy seconded the motion. Vote: Aye-4, Mr. Mungeam abstained.

8:02 PM (NOI-DEP #143-0974) PUBLIC HEARING CONTINUED: 49 Woodland Road, Lot 57A/ DEER CROSSING DEVELOPMENT, LLC.
Tim Nealon of Deer Crossing Development, LLC joined the meeting. He outlined the changes made to the plan since the last meeting, including moving the well out of the buffer zone, moving the anti-creep rocks further away from the wetlands, and adding three check dams. Ms. Sharkey and Mr. Zisk feel the Commission’s concerns have been addressed.
Mr. Montminy made a motion to close the public hearing for (NOI-DEP #143-0974) 49 Woodland Road, Lot 57 A/Deer Crossing Development, LLC. Ms. Dudley seconded the motion. Vote: Aye-5.
Ms. Dudley made a motion to issue an Order of Conditions for (NOI-DEP #143-0974) 49 Woodland Road, Lot 57 A/Deer Crossing Development, LLC. Mr. Greco seconded the motion. Vote: Aye-4, Mr. Mungeam abstained.

8:03 PM (NOI-DEP #143-0975) PUBLIC HEARING CONTINUED: 53 Woodland Road/Lot 58A/ DEER CROSSING DEVELOPMENT, LLC.
Tim Nealon of Deer Crossing Development, LLC joined the meeting. Mr. Nealon stated that the house, septic and part of the driveway are out of the buffer zone. The following revisions to the plan were made: two check dams were added and anti-creep rocks were placed.
Mr. Montminy made a motion to close the public hearing for (NOI-DEP #143-0975) 53 Woodland Road, lot 58A, Deer Crossing Development, LLC. Mr. Greco seconded the motion. Vote: Aye-5.
Ms. Dudley made a motion to issue an Order of Conditions for (NOI-DEP #143-0975) 53 Woodland Road, lot 58A, Deer Crossing Development, LLC. Mr. Greco seconded the motion. Vote: Aye-4, Mr. Mungeam abstained.

8:06 PM (NOI-143-0978) PUBLIC HEARING: 131 Franklin Street/HOVAGIMIAN, MICHAEL, M.
Ms. Sharkey recused herself. Mr. Greco opened the public hearing. Les Stevens joined the meeting. They propose to remove the existing house, which is 42’ into the wetlands, and erect a 24’ x 48’ slab-on-grade house. Mr. Stevens has met with the ZBA regarding a front setback variance. Mr. Zisk showed a video of the site.
The new house will be erected on almost the exact same footprint as the old house. They will be losing the back portion of the house that is on the 50’ buffer line. The existing well will be used. The only grading will be for the septic.
It was the consensus of the Commission that the concrete dog kennel pad should be removed and the area restored to lawn. The existing gravel driveway goes through the septic, and will therefore not be a driveway anymore. Existing asphalt will be removed and the area restored to lawn. Rocks will be placed to close off the area. The proposed driveway will go right to the garage.
The only tree at risk to be removed is a small pine tree by the road.
Mr. Montminy made a motion to continue the public hearing for (NOI-143-0978) Michael M. Hovagimian, 131 Franklin Street to August 5, 2019 at 7:15 PM. Ms. Dudley seconded the motion. Vote: Aye-4.
Ms. Sharkey rejoined the meeting and resumed as Chair.

DISCUSSION:
1. Everett Andrews, 225 Yew Street. An unidentified gentleman joined the meeting. The applicant is proposing to move the house and reduce the amount of square footage in the buffer zone. The Commission asked to know that square footage amount. There is an existing order from last spring. The design of the house has changed. The erosion controls have been staked out and approved by Mr. Zisk. The wattles have been moved over to the 50’ buffer line because they will no longer be doing any work within the buffer zone. The septic system will remain unchanged. The length of the driveway will change a little bit to loop around the septic and enter the two-car garage. The gentleman stated that the changes involving the driveway over the septic can be accommodated by an as-built. Some clearing has been done. The applicant is asking for approval for a minor change.
It was the Commission’s opinion that this is a minor change due to less impact to the wetlands, however they asked to see the revised plan and a summary of the changes before a formal decision is made.
2. Request for a Certificate of Compliance: Stockwood Realty, Douglas Hill Way (off of Northwest Main Street) (DEP #143-0656). Mr. Zisk visited the site. The applicant will be addressing Mr. Zisk’s comments. The detention pond is overgrown and needs to be maintained. The applicant needs approval from the Planning Board. There are some areas of noncompliance. This is part of the Whitin Heights subdivision. Mr. Zisk asked the applicant for documentation of the pre-imposed construction maintenance schedule.
3. 134 Southeast Main Street. Mr. Zisk will follow up.
4. Complaint: 25 South Street. Mr. Zisk stated that he went out to the site a couple times. The area is a camp with scattered cottages and a river that runs through the property. Neither Mr. Zisk nor Ms. Dudley saw any loose debris when they recently drove through the property. Mr. Zisk met the head groundskeepers, who said that they re-did a roof a month ago, which may have initiated the complaint. They have also been picking up debris throughout the camp to get ready for the season. The piles of collected debris are moved to a field in the back of the property.
The groundskeepers told Mr. Zisk that they will be re-doing a cottage foundation. Mr. Zisk informed them that they will have to file with Commission before they do that work. Mr. Zisk has emailed DEP.
5. Voucher: MACC Annual Dues FY20. The voucher is for $287.00.
6. Minutes: May 13, June 3, & June 17, 2019.
Mr. Greco made a motion to approve the May 13, 2019 minutes of the Conservation Commission meeting as amended. Ms. Dudley seconded the motion. Vote: Aye-5.
Approval of the June 3 and June 17, 2019 minutes of the Conservation Commission meeting was deferred to the next meeting.

OTHER BUSINESS:
Ms. Sharkey stated that the Commission received four waiver forms for trail maintenance at Southeast Main Street – the Keegan property. The form was approved by legal counsel for volunteers to maintain the walking trails. The Town of Uxbridge has adopted a regulation outlining activities that can be done on Conservation land. Mr. Zisk will send this regulation to Town Counsel for an opinion of whether or not the Commission should adopt a similar regulation.
Ms. Dudley made a motion to approve the volunteer activity, namely Katherine Peterson, Lenny Peterson, William Gagnon, and Cesar Moura de Melo, to clear walking trails and create a walking trail from the parking area at the Keegan Conservation property. Mr. Greco seconded the motion. Vote: Aye-5.
Ms. Sharkey stated that the Commission’s webpage needs to be updated. Mr. Zisk will work on it.
Mr. Zisk will follow up regarding the report on the coldwater fisheries in Douglas.
Ms. Sharkey asked Mr. Zisk to forward an electronic copy of the subscription for the MACC Conservation Commissioners Handbook to the members.
Regarding 88 West Street, Mr. Zisk stated that the applicant needs to re-file.

8:53 PM ADJOURNMENT:
Mr. Montminy made a motion to adjourn the meeting at 8:53 PM. Ms. Dudley seconded the motion. Vote: Aye-5.

Respectfully submitted,

Mary Wright
Recording Secretary
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