5/11/2020 - Conservation Meeting

Moderator: Maria Lajoie

5/11/2020 - Conservation Meeting

Postby Maria Lajoie » Thu May 07, 2020 2:49 pm

CONSERVATION COMMISSION MEETING
MONDAY, MAY 11, 2020
REMOTE ZOOM MEETING
7:00 PM
A G E N D A
Meeting ID: 895 1613 9549
Call in line: +1 646 876 9923
Zoom Meeting instructions: https://douglas-ma.gov/530/Remote-Meetings
Zoom meetings are livestreamed here: http://youtube.com/douglascableaccess
Join Zoom Meeting: https://us02web.zoom.us/j/89516139549
If you do not have a camera and microphone on your computer, you will be prompted to dial in and will default into the browser as a screen share only participant. There is no client required for people to participate, all they need to do is go to the URL listed above or Dial In via the +1 646 876 9923 number and enter the Meeting ID: 895 1613 9549

BUSINESS:
7:00 PM (NOI-DEP #143-0989) PUBLIC HEARING CONTINUED: 45 Oak Street / BWC WHITIN RESERVOIR / c/o BLUEWAVE SOLAR – Possible Votes

7:15 PM (NOI-DEP #143-0---) PUBLIC HEARING: Southwest Main Street, Lot #1 / HENDRICKS, GEORGE – Possible Votes

7:30 PM (NOI-DEP #143-0---) PUBLIC HEARING: Southwest Main Street, Lot #2 / HENDRICKS, GEORGE – Possible Votes

7:45 PM (NOI-DEP #143-0---) PUBLIC HEARING: 93 Davis Street / 93 DAVIS REALTY TRUST– Possible Votes

8:00 PM (NOI-DEP #143-0992) PUBLIC HEARING CONTINUED: 0 Wallum Lake Road / ASD WALLUM MA SOLAR – Shade Tree Cutting – Possible Votes

8:15 PM (PUBLIC HEARING: AMENDED-NOI DEP #143-973) 49 & 53 Woodland Road / DEER CROSSING DEVELOPMENT, LLC – Possible Votes

8:30 PM (NOI-DEP #143-0---) PUBLIC HEARING CONTINUED: 116 Orange Street / DONATELLI, STEVEN & LYNN – Possible Votes

Old/New Business:
1. Bonnie Johnson, 42 Hough Road: Revised Plan
2. Set Site Walk for Complaint: 30 & 32 Davis Street – Possible Votes
3. Peer Review Proposals: 45 Oak Street – Possible Votes
4. Conservation Commission Electronic Signatures – Possible Votes
5. Conservation Expense Account – Possible Votes
6. Sign Vouchers – Possible Votes
7. Approve Minutes: 3/2, 3/16, 4/6, 4/27 - Possible Votes
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Upcoming Meetings: 6/1, 6/15

Note: Times are estimates unless denoted as a Hearing.
Items listed are those reasonably anticipated as a topic
48 hours in advance by the Chairman
The Town of Douglas is an equal opportunity Provider and Employer
Maria Lajoie
Maria Lajoie
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Location: Community Development Department

Re: 5/11/2020 - Conservation Meeting

Postby Mary Wright » Sun Aug 02, 2020 10:15 am

CONSERVATION COMMISSION MEETING MINUTES
MONDAY, MAY 11, 2020

A meeting of the Conservation Commission was held on Monday, May 11, 2020. Ms. Sharkey called the meeting to order at 7:00 PM and she announced that, due to the COVID-19 pandemic, the meeting is being streamed live on YouTube, broadcast through Zoom, and recorded for future rebroadcasting. Participants were invited to join the meeting remotely (Zoom).

ATTENDANCE:
PRESENT: Tracy Sharkey (Chair), Paul Beckwith, Katiegrace Dudley, Michael Greco (Vice Chair), Eric Harris (Associate), Arthur Montminy
ABSENT: Mark Mungeam
NON-VOTING: Stephen Zisk (Conservation Agent), Matt Parlon, Evan Turner, Maria Firstenberg, Jacqueline Firsty, Marco Addonizio, Tom Reidy, Charla Kroll, Jack Nealon, Bonnie Johnson, and others.

BUSINESS:

7:01 PM (NOI-DEP #143-0989) PUBLIC HEARING CONTINUED: 45 Oak Street/BWC WHITIN RESERVOIR/c/o BLUEWAVE SOLAR-Possible Votes.
Jeff Murphy of Beals & Thomas, and Matt Parlon and Jackie Firsty of BlueWave Solar joined the meeting. Mr. Murphy gave a history of the project. A majority of the project is outside the Commission’s jurisdiction. Some grading for the stormwater basin berms extends into the buffer zone.
Mr. Zisk solicited quotes for peer review for the stormwater. Mr. Zisk stated that he was only able to ask the consultants to work under the jurisdiction of the Conservation Commission as it relates to stormwater management under the Wetlands Protection Act. Mr. Zisk stated that the Planning Board may have other criteria. Mr. Murphy stated that he has replied to Town Engineer Bill Cundiff’s Site Plan Review letter. He feels that this review should satisfy both the Conservation Commission and the Planning Board. Mr. Zisk asked Mr. Murphy to get clarification.
Mr. Murphy asked to use Pare Corporation. Ms. Sharkey stated that the objective should be to have a solid review for both the Conservation Commission and the Planning Board, and that should be included in Pare’s comments letter.
Mr. Montminy made a motion to use Pare Corporation for third party Stormwater Review for (NOI-DEP #143-0989) 45 Oak Street, BWC Whitin Reservoir, c/o Bluewave Solar. Mr. Beckwith seconded the motion. Vote: Aye-5.
Charla and Steven Kroll of 78 Torrey Road in Sutton joined the meeting and asked when the Order of Conditions will be written up. They would like to see language that will allow BlueWave to manage invasive species in the wetland. Mr. Zisk stated that the Order is not yet drafted. Mr. Parlon stated that they have had conversations with the Krolls regarding the wetland that abuts the Kroll’s property. BlueWave is willing to donate some funds towards managing the invasive species in the wetland if the Conservation Commission allows it. Mr. Zisk asked Mr. Parlon to send him some language to review and add to the Order. Mr. Parlon agreed.
Ms. Dudley made a motion to continue the public hearing for (NOI-DEP #143-0989) 45 Oak Street, BWC Whitin Reservoir, c/o Bluewave Solar to June 1, 2020 at 7:30 PM. Mr. Montminy seconded the motion. Vote: Aye-5.

7:18 PM (NOI-DEP #143----) PUBLIC HEARING: Southwest Main Street, Lot #1/ HENDRICKS, GEORGE-Possible Votes.
Ms. Sharkey recused herself. Ms. Dudley opened the public hearing. Jude Gauvin from Andrews Survey & Engineering joined the meeting. Mr. Gauvin has reviewed the peer review proposal. He stated that the applicant would like to develop the two lots (see 7:42 PM hearing below). A flood plain runs through the area. They have asked FEMA to remove a portion of the parcel from the flood plain.
Mr. Zisk asked if they had an approved flood plain boundary line. Mr. Gauvin does have that and will submit copies. Mr. Zisk stated that there is no wetland delineation documentation, which was done by Civil Site Survey in 2018. Mr. Gauvin said that they relocated the flags from the original survey. He will work on getting the data sheets. Mr. Gauvin stated that street numbers have not yet been issued for the lots. The Board of Health has approved the septic design. The plan is more of a Board of Health plan, and a second sheet is needed to show the entire wetlands with flags. A plan with a better scale is needed, perhaps one that shows both lots.
Erosion controls will be placed around the well as they drill it. (Ms. Sharkey rejoined the meeting at 7:27 PM and resumed as Chair). The Commission sent this out for peer review for both lots. If the applicant has no issues with using EcoTec, they will need to pay for that consultant. Mr. Zisk recommended that EcoTec review the resource areas before he reviews the structures.
Ms. Dudley stated that the entire lot is within the 100’ buffer.
Michael Hughes of 354 Southwest Main Street asked if the Commission has walked the lots. Ms. Sharkey replied that they have not. A consultant will be reviewing the site, and a revised plan will be submitted. Mr. Hughes stated that the land is wet.
Mr. Beckwith made a motion to approve EcoTec to perform a peer review for (NOI-DEP #143----) Southwest Main Street, Lot #1, George Hendricks. Mr. Montminy seconded the motion. Vote: Aye-5.
Mr. Zisk needs an updated plan, the FEMA flood plain plan, and the data sheets to submit to EcoTec.
Mr. Montminy made a motion to continue the public hearing for (NOI-DEP #143----) Southwest Main Street, Lot #1, George Hendricks to at June 1, 2020 at 7:45 PM. Mr. Greco seconded the motion. Vote: Aye-5.

7:42 PM (NOI-DEP #143----) PUBLIC HEARING: Southwest Main Street, Lot #2/ HENDRICKS, GEORGE-Possible Votes.
Ms. Sharkey opened the public hearing. Jude Gauvin from Andrews Survey & Engineering joined the meeting. He stated that, similar to Lot #1 (see 7:18 PM above), they have had the flood plain boundary line changed to exclude everything above the 664 elevation.
All comments discussed for Lot #1 pertain to Lot #2 regarding peer review by EcoTec and revised plans. Mr. Zisk needs an updated plan, the FEMA flood plain plan, and the data sheets to submit to EcoTec.
Mr. Gauvin stated that Natural Heritage was not notified of this filing. The area is technically outside of the estimated habitat.
Mr. Montminy made a motion to approve EcoTec to perform a peer review for (NOI-DEP #143----) Southwest Main Street, Lot #2, George Hendricks. Mr. Beckwith seconded the motion. Vote: Aye-5.
Mr. Montminy made a motion to continue the public hearing for (NOI-DEP #143----) Southwest Main Street, Lot #2, George Hendricks to June 1, 2020 at 8:00 PM. Ms. Dudley seconded the motion. Vote: Aye-5.

7:57 PM PUBLIC HEARING (NOI-DEP #143-----): 93 Davis Street/93 DAVIS REALTY TRUST-Possible Votes.
Ms. Sharkey recused herself. Ms. Dudley opened the public hearing. Karen Keegan of Guaranteed Builders joined the meeting. Ms. Keegan gave a history of the property. In 2009, an NOI was approved. Clearing was done and a well installed, but a building was never erected. A Certificate of Compliance has been filed for that Order of Conditions. The Commission reviewed a video of the site.
They are now before the Commission with a new filing. They will be going within 25’ of the stream. The building is outside the 50’ buffer, but there will be grading up to the 25’ buffer and a 3.5’ retaining wall along the 25’ buffer. There is an intermittent stream with no associated BVW.
Stormwater will be taken care of on site. The Planning Board is putting the stormwater review out to bid. The drainage and filtration area will be under the parking lot. All catch basins and drains are to go into that leaching area. Ms. Keegan will find out the total square footage of pavement. The parking lot will have 50 spaces.
Mr. Zisk stated that the original plan had less work towards the resource area.
Teresa Matteson of Z&T joined the meeting and explained that the building has to be perpendicular to the road for safety, according to the CCC. Traffic on the property will be one-way. They are going before the Planning Board for peer review on 5/13/20.
Mr. Beckwith asked about the purpose of the future garage and if it could be located elsewhere. Ms. Matteson explained that the garage is for future business.
Jeremy Flansburg of 73 Davis Street does not believe the property is large enough for the proposed 30’ x 112’ retail establishment, well and septic. The Planning Board was concerned about the water runoff and permeable vs. nonpermeable materials. The previous plan proposed a gravel parking lot. He would like to know how the pond (Maycumber’s Pond) behind the property and the cold water fishery will be affected. Ms. Keegan stated that the lot is 90,885 sq. ft. In 2009, the Order of Conditions allowed a larger building than the one now proposed.
Ms. Matteson believes that the lighting and security will stop people from loitering. Mr. Flansburg does not want lights in his yard 24/7. Ms. Dudley stated that the lighting is outside the scope of the Commission.
Rich Venincasa of 94-96 Monroe Street asked what determines a stream is intermittent. Mr. Zisk provided the definition. Mr. Venincasa is concerned that the stream will be filled in. He stated that the Town is filling in the stream by pushing dirt through the pipe on Monroe Street, which also floods his property. Trash and road debris also go through that pipe and into the pond. Mr. Zisk asked that Mr. Venincasa send him an email and report his concerns to the Town Engineer and the Highway Dept.
Mr. Flansburg stated that the school track team runs a route past this lot, which is planned to be a marijuana retail shop. He does not feel that the location is good for the community.
Mr. Montminy made a motion to continue the public hearing for (NOI-DEP #143----) 93 Davis Street, 93 Davis Realty Trust to June 1, 2020 at 8:30 PM. Mr. Beckwith seconded the motion. Vote: Aye-4.

8:36 PM (NOI-#143-0992) PUBLIC HEARING CONTINUED: 0 Wallum Lake Road/ASD WALLUM MA SOLAR-Shade Tree Cutting-Possible Votes.
Ms. Sharkey recused herself. Maria Firstenberg of TRC and Evan Turner of AMP Solar joined the meeting. Ms. Firstenberg stated that the solar facility is completely outside of the buffer zone. If they selectively clear and cut trees in a portion of the site, it greatly enhances the panel efficiency. Since the last meeting, they have done a survey of what they hope to cut in each area. There are four 25’zones defined as follows: there will be no cutting 0’-25’ from the wetland, 195 trees 50’ tall or taller to be cut 25’-50’ from the wetland, 307 trees 25’ or taller to be cut that are 50’-75’ from the wetland, and 476 trees to be cleared 75’-100’ from the wetland.
Ms. Firstenberg asked if anyone had visited the site and the answer was no. Mr. Zisk stated that the Dept. of Environmental Protection (DEP) asked the applicant to confirm that the detention basins are not going to be lower than the typical water table. Ms. Firstenberg stated that the detention basins were added partially at the request of the Planning Board. All the data they have states that the groundwater is typically at 19”-27”. Usually, detention basins are not more than a couple feet deep and should not intersect the groundwater table.
Mr. Turner stated that they will be before the Planning Board to consolidate the parcels back into a single parcel and remove the subdivision covenant, not for site plan review. Mr. Zisk asked that the DEP’s comments be brought before the Planning Board. Mr. Turner agreed.
Ms. Dudley stated that the recommendation from the Blackstone Valley Watershed Association for a critter gap for a chain link fence is 8”-10”.
A site walk was scheduled for Saturday, May 16, 2020 at 11:00 AM.
Mr. Montminy made a motion to continue the public hearing for (NOI DEP #143-0992) 0 Wallum Lake Road, ASD Wallum MA Solar, Shade Tree Cutting, to June 1, 2020 at 8:45 PM. Mr. Greco seconded the motion. Vote: Aye-4.
Ms. Sharkey rejoined the meeting.

8:53 PM PUBLIC HEARING (AMENDED NOI-DEP #143-0973): 49 & 53 Woodland Road/ DEER CROSSING DEVELOPMENT, LLC-Possible Votes.
Ms. Sharkey opened the public hearing. Mr. Zisk stated that a site walk was done last Saturday. The applicant wants to amend the plan to combine the lots into one called lot #57, and construct one house. Dave Marquedant joined the meeting. On the site walk, it was discussed to have a uniform driveway width from start to finish: 18’ at the start, 12’ by the house, to a uniform 10’ from Woodland Road to the house, reducing the amount of impervious area.
They have yet to get confirmation from the buyer on the exact size of the house. The dwelling has been moved a bit further out of the buffer zone; 5’ towards the rear lot line. The garage has also been moved slightly farther away from the buffer line.
There are three Orders of Conditions. At the next meeting, they will have paperwork ready to abolish the order for lot #58.
A discussion was held regarding the new proposed construction sequence, #12-install two 12” ADS pipes with rip rap apron for a temporary crossing. The material coming out of this is not sufficient for the replication area. Mr. Montminy had no issue with installing temporary pipes so they can get to the site to clear, hay bale, and do some prep work which falls under the old Orders. The crossing would be constructed when the stream is completely dry. The rest of the members had no objections.
Ms. Dudley made a motion to accept the new construction sequence to allow for a temporary crossing to be placed for (NOI DEP #143-0973) 0 Wallum Lake Road, ASD Wallum MA Solar, Shade Tree Cutting. Mr. Montminy seconded the motion. Vote: Aye-5.
Ms. Dudley made a motion to continue the public hearing for NOI-DEP #143-0973), 49 and 53 Woodland Road, Deer Crossing Development, LLC, to June 1, 2020 at 7:10 PM. Mr. Montminy seconded the motion. Vote: Aye-5.

9:09 PM (NOI-DEP #143-0---) PUBLIC HEARING CONTINUED: 116 Orange Street/DONATELLI, STEVEN & LYNN-Possible Votes.
Mr. Zisk stated that the applicant has asked for a continuance.
Mr. Montminy made a motion to continue the public hearing for (NOI DEP #143-0---) Steven & Lynn Donatelli, 116 Orange Street to June 15, 2020 at 7:00 PM. Mr. Greco seconded the motion. Vote: Aye-5.

OLD/NEW BUSINESS:
1. Bonnie Johnson, 42 Hough Road: Revised Plan. Ms. Johnson joined the meeting. She said that they were digging the well and the area was too wet. They moved and dug the dry well on the other side of the driveway. The Commission reviewed photos of the site. Ms. Johnson did submit a plan to Mr. Zisk today. Ms. Sharkey stated that measurements are needed. Ms. Johnson will measure tomorrow and email Mr. Zisk.
2. Set Site Walk for Complaint: 30 & 32 Davis Street-Possible Votes. This complaint went to the Board of Health. The owner of 32 Davis would like the Commission to do a site walk to ensure they are not in violation. Mr. Zisk has been to the site and did not see anything out of the ordinary. He will send a copy of the complaint to the Commission for discussion at the June 15, 2020 meeting.
3. Peer Review Proposals: 45 Oak Street-Possible Votes. There was no further discussion. (See 7:01 PM above.)
4. Conservation Commission Electronic Signatures-Possible Votes. It was decided that they will still pass around the Adobe signature.
5. Conservation Commission Expense Account-Possible Votes. Mr. Zisk stated that there is roughly $2,000 in the Expense Account. Due to the COVID-19 pandemic, the Finance Director is asking departments to release any unexpended funds. Mr. Zisk could use funds from the Wetlands Protection Fund to purchase a new computer in the next fiscal year. He has not yet researched a computer purchase.
Ms. Dudley made a motion to transfer $1,400 from the Conservation Commission Expense Account to the Town per the request of the Town Finance Director. Mr. Montminy seconded the motion. Vote: Aye-5.
6. Sign Vouchers-Possible Votes. There were no vouchers.
7. Minutes: March 2, March 16, April 6, & April 27, 2020-Possible Votes.
The Commission asked for the April 6, 2020 minutes to be resent to them. Approval of the above meeting minutes was deferred to the next meeting.

OTHER TOPICS:
Byron Andrews of Andrews Survey & Engineering joined the meeting regarding Bonnie Johnson 42 Hough Road (see Discussion item #1). At the last meeting, Ms. Johnson had a copy of one of Andrews Survey & Engineering’s plans. Her engineer had modified the plan by adding the location of the dry well. Since Mr. Andrews was the surveyor that stamped the plan, he asked that it be entered into public record that Ms. Johnson did not have his permission to change the plan, he was not informed of the change, and he takes no responsibility for the design or installation of the dry well. Ms. Sharkey asked that Mr. Zisk note the plan and the revised plan.

9:28 PM ADJOURNMENT:
Mr. Montminy made a motion to adjourn the meeting at 9:28 PM. There was no second. Vote: Aye-5.

Respectfully submitted,


Mary Wright
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