March 2, 2020 Conservation Commission meeting

Moderator: Maria Lajoie

March 2, 2020 Conservation Commission meeting

Postby Mary Wright » Sun Aug 02, 2020 10:06 am


A meeting of the Conservation Commission was held on Monday, March 2, 2020. Ms. Sharkey called the meeting to order at 7:00 PM.

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


7:00PM (RDA) PUBLIC MEETING: 218 Northwest Main Street/PEPKA, MARY-Possible Votes.
Ms. Sharkey opened the public meeting. Ms. Pepka joined the meeting. The Commission reviewed a video of the site. Ms. Pepka is asking to remove six dying pine trees in order to reduce shade on the side of the house. She is also asking to remove an oak and some saplings.
Ms. Pepka will hire a tree company to take the trees down. She was asked to keep the stumps in place, but she can grind them flat. She plans to plant some dwarf fruit trees.
Mr. Mungeam is uncomfortable approving without knowing the distance of the trees to the bank and from the house. He would like to see a sketch. Mr. Zisk found that the tree closest to the water is at a distance of 24’. The house is approximately 50’-55’ from the water, at its closest. One tree is approximately 10’ from the house.
Ms. Dudley made a motion to issue a negative RDA for Mary Pepka, 218 Northwest Main Street with the condition that stumps may be ground, but not removed, no machinery within the 50’ wetland buffer and no machinery parked within the 100’ wetland buffer. Mr. Greco seconded the motion. Vote: Aye-4, No-1.
Ms. Sharkey informed Mr. Zisk that the Commission needs to have a plan submitted with an RDA.

7:15 PM (NOI #143-0987) PUBLIC HEARING CONTINUED: 29 Laurel Glades/ GOUIN, KENNETH-Possible Votes.
Kristen LaBrie of Andrews Survey and Engineering joined the meeting. The plan has been revised as follows: added the water line, addition of the top and bottom wall, added seasonal high waterline on the wall (elevation 84), updated the resource line and updated the 50’and 100’ offset. The trees within the 100’ buffer over 4” have been located and the ones to be removed have been marked. Four of the trees to be removed are within the Commission’s jurisdiction. Four 2” trees will be planted in the location where the sheds are razed. The erosion control has been re-worked. The septic was redesigned to be a traditional system, which has pushed the driveway almost completely outside the 100’ buffer. The house is in the same location. Ms. LaBrie has addressed all of Mr. Zisk’s comments. Ms. LaBrie outlined the erosion controls.
The proposed driveway will be paved. Between the 5’ and the 100’, it is only 20’ wide. The concern regarding the sheetflow needs to be addressed. Ms. LaBrie feels the water will infiltrate before it gets to Laurel Glades. A discussion was held. Ms. LaBrie suggested that the lower part of the driveway be aggregate gravel.
The applicant is hoping to get the well line in before the water comes up. If the
water line cannot be installed in the next two weeks, they will need to wait until at least November to install it.
Mr. Mungeam is concerned about how much impervious surface is being added. Ms. LaBrie stated that single-family homes are exempt from stormwater regulation. The Commission asked that the driveway portion be staked out at the entrance and at the 100’ buffer.
A site walk was scheduled for Saturday, March 14, 2020 at 9:45 AM.
Mr. Zisk suggested that all work being done within the 100’ buffer be added to an RDA.
Mr. Montminy made a motion to continue the public hearing for (NOI #143-0987) Kenneth Gouin, 29 Laurel Glades to March 16, 2020 at 7:00 PM. Mr. Greco seconded the motion. Vote: Aye-5.

7:44 PM (NOI-#143-0989) PUBLIC HEARING: 45 Oak Street, BWC WHITIN RESERVOIR, LLC c/o BLUEWAVE SOLAR-Possible Votes.
Ms. Sharkey opened the public hearing. Jeff Murphy of Beals & Thomas joined the meeting. The existing property is approximately 41 acres. An ORAD was issued 2/3/2020. The majority of the site drains east and west. The proposed access will follow the majority of an existing cart path, along the edge of a grass field, and then rise to stop at the ridgeline.
The proposed work in the buffer zone is limited primarily to grading for the stormwater basins and to improve the existing access to make it an 18’-wide gravel road for use by large trailer trucks during installation. The access road will have two rip rap lined swales with check dams. There will be a large turnaround area for use during construction and installation, which will be reduced in size, loamed and seeded, when it is no longer needed. There will be a 12’-wide ring road.
Mr. Murphy described the erosion controls shown on the plan, including temporary stump grinding berms. The site will be designed to direct all runoff from the access roads into the catch basins. Mr. Murphy explained the stormwater design.
This array will have a dual use. These panels will be 10’ off the ground to allow for haying underneath. They will be single-access trackers and will follow the sun.
Mr. Murphy clarified the work that is within the Commission’s jurisdiction. There is no work planned within the 50’. Mr. Zisk stated that the Town Engineer will review the stormwater management in conjunction with the Planning Board. The Commission will follow his lead.
Matt Parlon of BlueWave Solar joined the meeting. They will be selectively clearing trees in the buffer zone because their afternoon shadows will shade the panels. Mr. Mungeam is opposed to the clearing. Mr. Murphy may be able to bring the limit of clearing closer to the fence line and pull it up on the side.
Mr. Murphy will add a note to add a 6” gap to the 7’ tall chain link fence that surrounds the project.
The slopes in the buffer zones will be 3:1 and seeded with New England erosion control restoration seed mix for dry sites. Mr. Mungeam asked for the components of that mix.
Mr. Zisk described how he would like the construction sequencing notes spelled out. Ms. Sharkey asked for one full-view plan with a construction sequence that coordinates with the Order of Conditions. Mr. Murphy agreed and stated that they plan to build the detention basins first. Mr. Zisk asked that only the trees that need to be removed to build the basins be removed before all the other trees are removed.
Charla Kroll of 78 Torrey Road in Sutton asked that the invasive species in the wetlands be removed. Mr. Parlon stated that he would look into doing that.
Shirley Mosczynski of 60 Oak Street asked if they are planning to use any herbicides or pesticides on the site within the Commission’s jurisdiction. Mr. Parlon replied that there is no pesticide, herbicide or chemical use associated with the array.
Mr. Parlon explained the dual use of the site. The panels will be 10’ off the ground with 20’ between the rows to allow for farm machinery.
Mr. Murphy explained that the change in the location for the access road onto Oak Street puts the access road out of the Commission’s jurisdiction. Ms. Sharkey pointed out that the plan is missing the additional 100’-75’ buffer line and a small part of the roadway could possibly fall within the 100’. Mr. Murphy stated that the staging area could possibly be reshaped to make it 100% out of the 100’, however he stated that the staging area is not being disturbed.
Ms. Mosczynski is concerned about water bubbling up into the road. Mr. Murphy stated that there should be a 20% reduction in runoff. Soil will be brought in to build the berms at the detention basins.
A woman in the audience is concerned about the use of pesticides. Ms. Sharkey stated that they cannot speak to the actions of farmers in the future.
Mr. Greco made a motion to continue the public hearing for (NOI DEP #143-0989) BWC Whitin Reservoir, LLC c/o Bluewave Solar, 45 Oak Street to March 16, 2020 at 8:00 PM. Mr. Montminy seconded the motion. Vote: Aye-5.

8:39 PM (NOI-DEP #143-0988) PUBLIC HEARING: 88 West Street/ WHIPPLE, JONATHAN-Possible Votes.
Ms. Sharkey opened the public hearing. Scott Rabideau of Natural Resource Services, Inc. joined the meeting and gave a history of the project going back as far as 2006. The applicant is proposing a one-bedroom home with a paved driveway on this vacant lot. Mr. Rabideau stated that a valid permit still exists for this project, and it is valid until July 6, 2020. The DEP permit expired. Mr. Zisk stated that you cannot technically have two DEP numbers under one parcel. He suggested that a Certificate of Compliance be sought for the superseding order. Mr. Zisk has requested input from Town Counsel regarding the proper way to proceed.
Mr. Rabideau explained that there are no changes to the plan, other than he has re-delineated the wetland.
It was decided to treat this as a new filing. A site walk was scheduled for March 14, 2020 at 10:45 AM. Mr. Rabideau was asked to stake the tangent and the house corners. Mr. Rabideau reviewed the plan. The Commission reviewed a video of the site. Mr. Rabideau stated that Mr. Whipple would be willing to remove the multiflora rose and replace it with high bush blueberry.
The Commission prefers a rain garden to flow diffusers. Ms. Sharkey was concerned with plantings right up to the bordering vegetative wetlands (BVW). Ms. Sharkey asked to see the 25’ buffer line on the plan, add check dams on the swale, replace plantings with a 4’ high split rail fence, no parking of machinery, and no stockpiling on site. Ms. Dudley would like to see the house moved closer to the street.
Mr. Rabideau will look at the existing drainage coming off the street to see if the engineer feels it can be a vegetative swale.
Mr. Rabideau presented a written request for a continuance to the March 16, 2020 meeting.
Mr. Montminy made a motion to accept the request and continue the public hearing for (NOI DEP #143-0988), Jonathan Whipple, 88 West Street to March 16, 2020 at 8:45 PM. Ms. Dudley seconded the motion. Vote: Aye-5.

9:14 PM (NOI-DEP #143-0---) PUBLIC HEARING: Lot 1, 19 Orange Street/ INMAN, JEFF-Possible Votes.
Ms. Sharkey opened the public hearing. Margaret Bacon of Civil Site Engineering joined the meeting. The applicant is asking for a permit to build a single- family home on a five acre lot. The closest limit of work is approximately 50’ away from the wetlands. The driveway will be asphalt grindings. A foundation drain is on the plan.
Ms. Bacon will look into shortening the 36’-long driveway and leave the turnaround. She will tighten up the erosion controls to be right at the 50’ buffer line and tighten up the grading. Everything will be kept out of the 50’ buffer. There will not be a shed. The deck is within the 100’ buffer.
Once the erosion control limits are staked in, Ms. Bacon will place the trees that are going to be removed on the plan that are larger than 12” in caliper and within the 100’ buffer.
The Commission will visit the site at their leisure.
Ms. Dudley would like a visible barrier at the 50’. Ms. Bacon will add landscaping plantings.
Ms. Bacon asked to continue the hearing.
Ms. Dudley made a motion to continue the public hearing for (NOI DEP #143-09--) Jeff Inman, Lot 1, 19 Orange Street to March 16, 2020 at 9:00 PM. Mr. Greco seconded the motion. Vote: Aye-5.
Mr. Zisk stated that he will not schedule any hearings after 9:00 PM.

9:33 PM (RDA) PUBLIC MEETING: Road layout near 265 Wallum Lake Road, 192 Walnut Street and 106 Walnut Street-Road layout near 284, 275 & 261/ MASSACHUSETTS ELECTRIC COMPANY-Possible Votes.
Ms. Sharkey opened the public meeting. Heidi Graff of BSC Group joined the meeting. Mass. Electric dba National Grid is asking to relocate two existing utility poles and install four subpoles. This is part of a larger maintenance project. Two poles are located within a 200’ riverfront area associated with Hemlock and the 100’ buffer zone to the BVW along Wallum Lake Road. One dead oak will need to be removed. Regarding four poles along Walnut Street: one is in 100’ buffer zone to the BVW and one tree is to be removed. Ms. Graff presented the application. Mr. Zisk presented videos of the site.
Ms. Graff will notify Mr. Zisk several days before work begins to inspect erosion controls. They will use straw wattles.
Ms. Dudley made a motion to issue a negative RDA for Massachusetts Electric Company, road layout near 265 Wallum Lake Road, 192 Walnut Street and 106 Walnut Street-road layout near 284, 275 & 261 with the standard conditions and the condition that the Conservation Agent be contacted before work begins to inspect the erosion controls. Mr. Montminy seconded the motion. Vote: Aye-5.

1. Request for an Extension Permit for Order of Conditions: Allen G. Riley, 229, 287 & 175 Main Street (Hunt’s Pond) (DEP #143-0920)-Possible Votes. Ms. Sharkey stated that no work has begun. If this three year extension is granted, it is the only extension they will be allowed.
Mr. Montminy made a motion to approve the request for a three year extension for Order of Conditions for Allen G. Riley, 229, 287 & 175 Main Street (Hunt’s Pond) (DEP #143-0920) to April 23, 2023. Mr. Mungeam seconded the motion. Vote: Aye-5.
2. Request for a Certificate of Compliance: Joseph Taddei, 149 Davis Street (DEP #143-0715)-Possible Votes. The Commission reviewed a video of the site.
Ms. Dudley made a motion to issue a Certificate of Compliance for Joseph Taddei, 149 Davis Street (DEP #143-0715). Mr. Greco seconded the motion. Vote: Aye-5.
3. Request for a Certificate of Compliance: Guaranteed Builders & Developers, Inc., 37 Glen Street, Lot 1B (DEP #143-0748)-Possible Votes. This item was passed over.
4. Sign Vouchers-Possible Votes. Regarding the voucher for $1,456 for peer review for the solar farm, Ms. Sharkey stated that applicants are supposed to be paying for peer review. Mr. Zisk will inquire.
5. Minutes: January 6 & February 3, 2020-Possible Votes.
Approval of the above Conservation Commission meeting minutes was deferred to the next meeting.

Mr. Montminy asked the difference between a public meeting and a public hearing. Mr. Zisk stated that a hearing needs to be advertised and abutters notified. Direct abutter notification is not required for a public meeting and there are fewer requirements. Mr. Zisk will get more information for Mr. Montminy.

Mr. Greco made a motion to adjourn the meeting at 9:57 PM. Ms. Dudley seconded the motion. Vote: Aye-5.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 609
Joined: Thu Jan 12, 2012 8:56 pm

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