March 5, 2018 Conservtion Commission meeting

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March 5, 2018 Conservtion Commission meeting

Postby Mary Wright » Sun Jun 17, 2018 1:03 pm

CONSERVATION COMMISSION MEETING MINUTES
MONDAY, MARCH 5, 2018

A meeting of the Conservation Commission was held on Monday, March 5, 2018. Ms. Brown called the meeting to order at 7:04 PM.

ATTENDANCE:
PRESENT: Linda Brown (Chairman), Michael Greco, Tracy Sharkey (Vice Chairman), Brandi Van Roo (Arrived 7:15 PM)
ABSENT:
NON-VOTING: Stephen Zisk (Conservation Agent)

7:04 (NOI-DEP #143-0935) PUBLIC HEARING CONTINUED: 58 Chestnut Street/DAPRATO, ALFRED.
Ms. Brown stated that the applicant has asked for a continuance.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0935) Alfred Daprato, 58 Chestnut Street to April 2, 2018 at 7:00 PM. Mr. Greco seconded the motion. Vote: Aye-3.

7:06 PM (RDA) PUBLIC MEETING: 42 Birch Street/MASS ELECTRIC COMPANY dba NATIONAL GRID.
Ms. Brown opened the public meeting. Hannah Raddatz, a wetlands scientist with Coneco joined the meeting. She is the contractor for National Grid. This RDA is for the installation of one wooden utility pole and anchor, across from pole #9, within 10’ of the roadway edge. An intermittent stream runs across the roadway. There is a culvert. The distance from the pole to the BVW is approximately 35’ from the edge of the wetland. Ms. Raddatz stated that this work is exempt from the Wetlands Protection Act. Straw wattles will be staked in place around the base of the pole.
Ms. Sharkey made a motion to issue a negative RDA for Mass Electric Company dba National Grid, 42 Birch Street. Mr. Greco seconded the motion. Vote: Aye-3.

7:16 PM (NOI-DEP #143-0945) PUBLIC HEARING: 60 Woodland Road/DEER CROSSING DEVELOPMENT.
Ms. Brown opened the public hearing. Dave Marquedant joined the meeting. These three lots (see two hearings below) were approved in 2006 and when they were reflagged, an isolated wetland was discovered. This hearing concerns lot #31b. Art Allen of EcoTec evaluated the wetlands. On the plan, Mr. Marquedant showed the locations of the straw wattles, silt fence, 64’ x 38’ dwelling, shed, septic, well, stockpile, paved driveway and split rail fence. There is an 8’ break in the fence for wildlife. The Commission asked that the break be turned so as not to appear to invite people into the wetlands.
The shed and the houses are outside the 50’. The houses conform to zoning. The Commission asked for a gravity system for the footing drain and to have the split rail fence to be where the pipe is. Mr. Marquedant will add a note to the plan that there will be a temporary disturbance that will be restored.
Ms. Van Roo asked why the entire backyard is in the 50’. Mr. Marquedant stated that he can move the limit of work. She also suggested that the shed be moved farther away from the 50’. Mr. Zisk has walked the site.
The Board of Health (BOH) is reviewing the septic design. An ANR will be presented to the Planning Board regarding the original lot lines for lot 31. The old DEP numbers need to be closed out because the old Notices of Intent have expired.
Rebekka O’Melia of 81 Old Farm Road had the following concerns: the proposed lot lines on the plans presented are not what the Town has on file, a proposed swale on one property dumps water onto the front yard of the next property, the delineation of the wetlands on the plans does not look like the shape of the wetlands, and the proposed shape of the lots would give the dwellings an odd presentation from the road. Mr. Marquedant explained why the 50’ is delineated as it is. The Commission stated that Mr. Marquedant is being more conservative with the line that is on the plan.
Mr. Marquedant described the swale and the flow of water. A discussion was held. Mr. Marquedant will add a berm to be sure that the water does not cross the property line.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0945) for Deer Crossing Development, 60 Woodland Road to April 2, 2018 at 7:15 PM. Ms. Van Roo seconded the motion. Vote: Aye-4.

7:42 PM (NOI-DEP #143-0946) PUBLIC HEARING: 64 Woodland Road/DEER CROSSING DEVELOPMENT.
Ms. Brown opened the public hearing. Dave Marquedant joined the meeting. This hearing concerns lot 30b. Mr. Marquedant showed the new configuration of the lot. He showed the location of the 50’ and 100’ buffers, erosion control, dwelling, split rail fence, shed, well, sedimentation pit, septic system, stockpile, and paved driveway. The Commission asked that the split rail fence be wrapped behind the shed. The grading will be done, and then the fence will be kept at the 40’.
Rebekka O’Melia of 81 Old Farm Road contended that the area marked “isolated wetlands” is not isolated. She stated that the whole site is wet and is connected to the other wetland. The Commission stated that the buffer zones would not change if the wetlands were connected. Mr. Zisk asked to have Art Allen of EcoTec look at the connection.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0946) for Deer Crossing Development, 64 Woodland Road to April 2, 2018 at 7:30 PM. Ms. Van Roo seconded the motion. Vote: Aye-4.

7:53 PM (NOI-DEP #143-0947) PUBLIC HEARING: 68 Woodland Road/DEER CROSSING DEVELOPMENT.
Ms. Brown opened the public hearing. Dave Marquedant joined the meeting. This hearing concerns lot 29b. Mr. Marquedant showed the location of the wetlands, buffer zones, septic, dwelling, deck, shed, well, stockpile, split rail fence, boulder-style wall, paved driveway, and septic system. The Commission suggested that the house and driveway be flipped to avoid the need for the poly barrier and to keep everything away from the resource area.

Rebekka O’Melia of 81 Old Farm Road stated that there is a retainage pond next to the lot. She feels that, by not looking at all three plans simultaneously to see the contours of the land, important information is missing. She also stated that boulders holding up a driveway will erode. There is also an unsafe 10’ drop at the edge of the driveway. A discussion was held regarding the pond, which was built to serve as a detention pond. Ms. Van Roo described the water flow. The pond is 20’ below the road. Ms. Van Roo and Mr. Zisk have walked the site.
The Commission asked that the ANRAD be brought to the next meeting. Mr. Marquedant will send Mr. Zisk the design plan and will add the design information to this plan so that the detention plan can be included.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0947) for Deer Crossing Development, 68 Woodland Road to April 2, 2018 at 7:45 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

8:09 PM (NOI-DEP #143-0942) PUBLIC HEARING CONTINUED: 135 Webster Street/BOYKO, ERIC.
Mr. Boyko joined the meeting. He presented the as-built dated 7/27/15 for the Certificate of Compliance for the old Order of Conditions. The Natural Heritage Line has been disproven and moved to Bad Luck Pond. The Certificate of Compliance was issued (see Discussion item #4 below).
Mr. Boyko submitted the site plan for the garage. He will install straw wattles along the same line as shown on the plan. Mr. Boyko was informed that all the material needs to be hauled offsite, he will need to post a DEP sign and have the plan on site, and that Mr. Zisk needs to inspect the erosion controls before work begins. Mr. Boyko will install an asphalt or concrete apron from the existing asphalt driveway to the entrance of the garage.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for (NOI-DEP #143-0942) Eric Boyko, 135 Webster Street with the conditions of staked straw wattles hugging the treeline, permitted impermeable apron, and no stockpiling on site. Ms. Van Roo seconded the motion. Vote: Unanimous.

8:48 PM (NOI-DEP #143-0944) PUBLIC HEARING CONTINUED: 41 Crescent Lane, Lot #11/CRESCENT LANE, LLC.
Normand Gamache of Guerriere and Halnon joined the meeting. 41 and 45 Crescent Lane will be accessed by a common driveway. The septic is outside the 100’ buffer, the dwelling and some of the grading for the driveway is between the 50’ and 100’. Erosion controls have been installed, the site has been cleared, and the cellar hole and septic have been dug.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for Crescent Lane, LLC (NOI-DEP #143-0944) 41 Crescent Lane, Lot #11. Ms. Van Roo seconded the motion. Vote: Aye-4.

8:54 PM (NOI-DEP #143-0943) PUBLIC HEARING CONTINUED: 45 Crescent Lane, Lot #10/CRESCENT LANE, LLC.
Normand Gamache of Guerriere and Halnon joined the meeting. The house and septic system are outside the buffer zone, the well is on the edge of the buffer zone, and there is grading between the 50’ and 100’. A 15” pipe will be placed under the paved common driveway to discharge water into the detention basin by using a still-in-line grass swale. Erosion controls have been installed. A discussion was held, including draining and maintenance of the easement.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for Crescent Lane, LLC (NOI-DEP #143-0943) 45 Crescent Lane, Lot #10. Ms. Van Roo seconded the motion. Vote: Aye-4.

9:02 PM (NOI-DEP #143-0---) PUBLIC HEARING: 42 Hough Road/JOHNSON, BONNIE.
Ms. Brown opened the public hearing. Travis Brown of Andrews Survey and Engineering and the builder, Dennis Schadler joined the meeting. Mr. Brown stated that there is an existing driveway from the road into the house lot. The existing house is on piers outside the 50’, the proposed house will be built within that footprint on a foundation. There will be no stockpiling on site. No grading is proposed. There will be erosion control placed along the edge of the driveway and will wrap around the back of the property line and back to the driveway. Ms. Van Roo asked that the erosion control hug the treeline. The Commission asked for a revised plan and reviewed a video of the site.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143---) Bonnie Johnson, 42 Hough Road to April 2, 2018 at 8:00 PM. Ms. Van Roo seconded the motion. Vote: Aye-4.

DISCUSSION:
1. Sleepy Hollow Subdivision: Water Main Extension to Davis Street. Normand Gamache of Guerriere and Halnon joined the meeting. He stated that the client would like to go straight across and do a temporary crossing of the wetland. The area would be replicated. There are several large white pines, not shown on the plan that the client would like to save. The Commission would prefer that they go around the wetland. The Commission would like to see the location of the pines and the debris to be cleared identified.
2. Eagle Scouts: Mosczynski Conservation Land, Mumford Street. Massimo Fontaine of 25 Charles Street joined the meeting and gave a PowerPoint presentation. He is a Scout with Troop 316. For his Eagle Scout project, he would like to improve the Mosczynski Conservation Land loop trail on the southeast side by building a 14’ x 3’ bridge of pressure treated wood and associated 25’ boardwalk over a small river that cuts through the path, clearing the trail of all debris, re-marking the trail, and unmarking trails that lead to private property.
The trail clearing would encompass the entire trail loop (0.6 mi) and would entail removing trash, cutting back encroaching trees and clearing fallen trees that are impeding the path. The fallen trees would be placed back into the forest. Trails will be re-marked with trail tacks, which are reflective pieces that would be nailed into the trees. Ms. Brown explained how the tags should be nailed to the trees.
The Commission asked for a written project description and drawings of the bridge and walkways for the files. Ms. Sharkey asked that Mr. Massimo follow the State’s requirements and method for building the bridge. She does not feel that pressure treated wood is allowed. A discussion was held including bridge and walkway design and the differences between conservation land and recreational land. Mary Sughrue-Yacino of 54 Cross Street walks the site and spoke in favor of a bridge.
Ms. Brown asked Mr. Zisk to investigate the Town’s/Conservation’s liability. Ms. Van Roo explained how invitations to pedestrians can elevate legal liability. The Commission informed Mr. Fontaine that he can proceed with the litter pick-up and markers as long as he informs Mr. Zisk of the type and method of marking. Regarding unmarking trails that lead to private property, Ms. Van Roo suggested laying fallen trees/logs across those paths.
3. 50 Southwest Main Street: Update. Ms. Brown received an email from William Cundiff, Town Engineer regarding 50 Southwest Main and the Basile violation. Mr. Cundiff will be meeting with Dave Feist and MaryAnn DiPinto regarding the proposed plan. Their deadline to file a restoration plan was March 1, 2018.
4. Request for a Certificate of Compliance: Eric Boyko, 135 Webster Street (DEP #143-0743). Ms. Sharkey made a motion to issue a Certificate of Compliance for (DEP #143-0743) Eric Boyko, 135 Webster Street with the activities completed being the house, septic system and associated grading, excluding the garage as originally permitted. Ms. Van Roo seconded the motion. Vote: Aye-4.
5. Request for a Partial Certificate of Compliance: Nature View, LLC, 41 Crescent Lane (DEP #143-0821). Ms. Sharkey made a motion to issue a partial Certificate of Compliance for Nature View, LLC, 41 Crescent Lane (DEP #143-0821). Mr. Greco seconded the motion. Vote: Aye-4.
6. Request for a Partial Certificate of Compliance: Nature View, LLC, 45 Crescent Lane (DEP #143-0822). Ms. Sharkey made a motion to issue a partial Certificate of Compliance for Nature View, LLC, 45 Crescent Lane (DEP #143-0822). Ms. Van Roo seconded the motion. Vote: Aye-4.
7. Request for a Certificate of Compliance: Deer Crossing Development, LLC, 60 Woodland Road (DEP #143-0727). Ms. Sharkey made a motion to issue a Certificate of Compliance for Deer Crossing Development, LLC, 60 Woodland Road (DEP #143-0727) due to no work commenced and the Notice of Intent has expired. Ms. Van Roo seconded the motion. Vote: Aye-4.
8. Request for a Certificate of Compliance: Deer Crossing Development, LLC, 64 Woodland Road (DEP #143- 0728). Ms. Sharkey made a motion to issue a Certificate of Compliance for Deer Crossing Development, LLC, 64 Woodland Road (DEP #143-0728) due to no work commenced and the Notice of Intent has expired. Mr. Greco seconded the motion. Vote: Aye-4.
9. Request for a Certificate of Compliance: Deer Crossing Development, LLC, 68 Woodland Road (DEP #143-0729). Ms. Sharkey made a motion to issue a Certificate of Compliance for Deer Crossing Development, LLC, 68 Woodland Road (DEP #143-0729) due to no work commenced and the Notice of Intent has expired. Ms. Van Roo seconded the motion. Vote: Aye-4.
10. Request for a Certificate of Compliance: Anthony Ciccone, 283 Southwest Main Street (DEP #143-0883). Postponed by applicant.
11. Sign Vouchers.
12. Minutes: October 16, December 4, 2017, January 8, & February 5, 2018.
Approval of the 10/16/17, 12/4/17, 1/8/18 and 2/5/18 Conservation Commission meeting minutes was deferred to the next meeting.

OTHER BUSINESS:
The North Street bridge detour is one-way because the old stone culvert was just paved over and is now crumbling. The emergency certificate needs to be signed. The previous work done on this bridge was not done in this area. Ms. Brown read the description of the work to be done. The plan for the emergency work is to stabilize the road and side slope as appropriate, and do some minor filling in the flood plain. A discussion was held.
The Commission would like to know how the road is going to be stabilized. Ms. Brown will email William Cundiff, Town Engineer, and ask him to expand on “as appropriate”, how will the road be stabilized, what kind and how much fill will be used, erosion controls, and will the guardrail be reset.

9:34 PM ADJOURNMENT:
Ms. Van Roo made a motion to adjourn the meeting at 9:34 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
 
Posts: 515
Joined: Thu Jan 12, 2012 8:56 pm

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