May 14, 2018 Conservation Commission meeting

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May 14, 2018 Conservation Commission meeting

Postby Mary Wright » Tue Jul 10, 2018 4:55 pm

CONSERVATION COMMISSION MEETING MINUTES
MONDAY, MAY 14, 2018

A meeting of the Conservation Commission was held on Monday, May 14, 2018. Ms. Brown called the meeting to order at 7:02 PM.

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

7:02PM (NOI-DEP #143-0947) PUBLIC HEARING CONTINUED: 68 Woodland Road/DEER CROSSING DEVELOPMENT.
Dave Marquedant of JD Marquedant joined the meeting. He stated that the ANR plan was endorsed by the Planning Board approximately two weeks ago. The size of the house has not changed since the last meeting. The garage is four feet longer and has been turned forward 50˚. The septic system is now two trenches instead of three. The shed and well locations have been swapped. The driveway is now a front load and banked so that the left side is higher than the right. There will be just one 7.5’ retaining wall. The limit of work is now outside the 25’. Tim Nealon of Deer Crossing Development was also present.
Rebekka O’Melia of 81 Old Farm Road is concerned that the entire retaining wall is between the 25’and 50’ wetland buffers. She is concerned that the wetlands on the plan do not reflect the actual wetlands. The retaining wall is not shown built to Mass. Building Codes. Site drainage is a problem. As the plan is shown now, the water would run down the driveway towards the house.
Mr. Marquedant replied that everything is outside the 25’. Mr. Marquedant said that the driveway is graded. The top part is not banked, the next part is banked at 3% and the last part is banked 1.5%. Mr. Marquedant showed Ms. O’Melia how the water is designed to flow. Ms. O’Melia feels that drainage will be flowing into the neighbor’s yard.
The wetlands were flagged by a professional and Mr. Zisk has inspected the wetland line and the isolated wetland. Ms. Van Roo stated that seasonal standing water does not necessary delineate a wetland. A soil profile would need to be done.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for (NOI-DEP #143-0947) 68 Woodland Road, Deer Crossing Development. Ms. Van Roo seconded the motion. Vote: Aye-4.

7:17 PM (RDA) PUBLIC MEETING CONTINUED: Southeast Main Street, Dudley Pond/Blackstone Valley Beagle Club.
Ms. Brown stated that a complaint was sent to the Town Engineer stating that Dudley Pond was completely drained. The next day, the pond was full again. Ms. Brown has seen the photos of the drained pond. Mr. Zisk spoke with the Beagle Club and they said the high/low was failing. Cement blocks were brought in to shore up the area where the mechanism is. Mr. Zisk told the gentleman he spoke with to come in and speak to the Commission, and he said he would come to tonight’s meeting.
Ms. Van Roo recalled a previous meeting where the gentlemen from the Beagle Club stated that if the dam were not fixed soon, the pond would drain; it did, and now the dam is fixed. Ms. Zisk will contact the Beagle Club again about coming before the Commission, submitting a maintenance NOI, and providing an update on the dam safety.
Ms. Brown feels that draining the pond is a violation. Ms. Van Roo, Mr. Greco and Ms. Sharkey do not and thereby, by consensus, there is no violation.
Ms. Sharkey made a motion to continue the public meeting for (RDA) Southeast Main Street, Dudley Pond, Blackstone Valley Beagle Club to June 4, 2018 at 7:00 PM. Mr. Greco seconded the motion. Vote: All-Aye.

7:22 PM DISCUSSION: 50 Southwest Main Street/Fines.
Ms. Brown stated that this discussion was moved to June 18, 2018 at 7:00 PM.

7:23 PM (RDA) PUBLIC MEETING CONTINUED: 77 Mumford Street/TOWN OF DOUGLAS.
Ms. Brown stated that two members of the Commission have done a site walk. Massimo Fontaine joined the meeting. He stated that the entire area going down the river is wetland and he feels that cutting a new path would only increase the amount of disturbance. He presented photos of the site and plans for the bridge. The location of the bridge has been staked. Materials will be brought to the site and the bridge will be built at the location. Pressure treated wood will be used. Hammers will be used to install the rebar and the boards will be placed on top. The width of the bridge will be 3’. There will be a 3’ x 24’ boardwalk covering an area where skunk cabbage is growing.
Ms. Brown is concerned that power tools and pressure treated chips could be left in the buffer zone. Mr. Fontaine stated that large tarps will be used to carry everything out. He will try to match the grade of the bridge with the existing path to avoid a tripping hazard.
The loop trail was found during the site walk, however this trail does not have a safe crossing. Mr. Zisk presented photos. Mr. Fontaine suggested adding two flat rocks from the surrounding area to the stream to create a safer crossing. The stream’s flow will not be impeded.
Ms. Brown read the conditions under which a negative RDA can be issued. The question is whether or not the resource area is being altered and by how much. Mr. Zisk does not feel the area is being impacted. Mr. Zisk found the Wetlands Protection Act’s definition of “alter”. Ms. Sharkey stated that the Commission will need to note that they are allowing the destruction of vegetation.
Town Counsel Brian Winner gave his opinion that there would be no value to filing an NOI. The handbook specifically states that providing labor for a minor crossing is a popular Eagle Scout project. Ms. Brown cannot recall ever issuing a negative RDA for a wetland crossing. A discussion was held.
Mr. Fontaine was asked to stake out 2’ from both sides of the proposed boardwalk to be the no disturb zone. The tarp for construction of the bridge and walkway needs to be at least 20’ away from the edge of the skunk cabbage.
Ms. Sharkey made a motion to issue a negative determination for the RDA for Town of Douglas, 77 Mumford Street with the following conditions: all work is to be done during a low-flow period, Mr. Zisk is to be notified before any work begins, a tarp is to be set up approximately 20’ away from the edge of the skunk cabbage to do any cutting of material, and there shall be no more disturbance than 2’ from either side of the proposed boardwalk in the wetland area. Mr. Greco seconded the motion. Vote: Aye-3, No-1.
Dawn Fontaine of 25 Charles Street asked for a Town contact to give to the Eagle Scout Board. Ms. Brown told Ms. Fontaine that Mr. Zisk would be the contact.

8:05 PM (NOI-DEP #143-0952) PUBLIC HEARING CONTINUED: 44 Orange Street/CHASE, PAUL.
Lance Anderson of Heritage Design Group joined the meeting. He stated that the plan has been revised to include detail for the driveway crossing and all of the pasture will be outside the buffer zone. Only the driveway is within the Commission’s jurisdiction. The limit of clearing will be staked out. Mr. Anderson described the detail of the crossing. The Commission reviewed the video of the site.
Mr. Anderson stated that the existing path will be relocated closer to the proposed driveway. The existing path will be allowed to fill in. Mr. Anderson did not see any invasive species listed in Eco Tec’s report, which was prepared by Art Allen. The Commission reviewed Art Allen’s report. Mr. Allen did not review the replication area.
The temporary culvert will be used to control the flow of the water while doing the footings. Mr. Anderson does not feel that the stream is truly a perennial stream, and he stated that he plans to come before the Commission to prove that. The closest distance to the point of the wetland flag to the vernal pool needs to be added to the plan. Mr. Zisk stated that bonds for the crossing and replication area are needed for the next meeting.
A site walk was planned for May 18, 2018 at 5:15 PM.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0952), 44 Orange Street, Paul Chase to June 4, 2018 at 7:10 PM. Ms. Van Roo seconded the motion. Vote: Aye-4.

8:40 PM (NOI-DEP #143-0953) PUBLIC HEARING: 68 Depot Street/HAAGSMA REALTY TRUST.
Ms. Brown opened the public hearing. The applicant, Les Stevens, joined the meeting. Stakes were installed per discussions held during the site walk. The stockpike is between the 50’ and 100’.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for (NOI-DEP #143-0953) 68 Depot Street, Haagsma Realty Trust with the plan date of March 27, 2018 and revised on April 12, 2018. Ms. Van Roo seconded the motion. Vote: Aye-4.

8:44 PM (NOI-DEP #143-0950) PUBLIC HEARING CONTINUED: 64 Depot Street/HAAGSMA REALTY TRUST.
The applicant, Les Stevens, joined the meeting. Stakes were moved per discussions at the site walk. A variance was received from the ZBA so that they can stay out of the 50’.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for (NOI-DEP #143-0950) for 64 Depot Street, Haagsma Realty Trust with the plan date of April 12, 2018. Ms. Van Roo seconded the motion. Vote: Aye-4.

8:46 PM (RDA) PUBLIC MEETING: 179 Wallis Street/WARD, DOUG & LINDA.
Ms. Brown opened the public meeting. Mr. and Mrs. Ward joined the meeting. They are asking to remove three hazardous trees on their property. Mr. Zisk presented photos from the site. Mr. Ward presented a statement from an arborist saying the trees should be removed. The stumps will be ground down, but left in the ground.
Ms. Sharkey made a motion to issue a negative determination for the RDA for Doug and Linda Ward, 179 Wallis Street. Ms. Van Roo seconded the motion. Vote: Aye-4.

8:51 PM (RDA) PUBLIC MEETING: 103 Maple Street/WRIGHTMAN, CRAIG & JENNIFER.
Ms. Brown opened the public meeting. Mr. and Mrs. Wrightman joined the meeting. They are asking to install a 22’ x 36’ in-ground pool with patio and fencing around it. A permit for the pool was issued in 2004. The proposed pool is still within that same footprint. They are looking to remove 12-14 trees to allow more sun in the backyard over the pool. The trees will be stumped. Ms. Van Roo explained that a lower impact would be to cut the trees, not stump them, and not turn the area into lawn. The Wards will revise the plan to reflect that. The distance from the lawn to the erosion control is 30’.
Ms. Sharkey made a motion to issue a negative determination for the RDA for Craig and Jennifer Wrightman, 103 Maple Street with the conditions as follows: the tree stumps will remain and there will be no grading, the maximum depth of the tree clearing is to be no more than 30’ from the edge of lawn, staked straw wattles shall be installed as erosion control, the lawn area shall be kept to 30’ maximum, one large pine, possibly within the 30’, may come down, and Mr. Zisk must inspect erosion controls before work begins. Ms. Van Roo seconded the motion. Vote: Aye-4.

9:10 PM (NOI-DEP #143-0955) PUBLIC HEARING: 225 Yew Street/MORAWSKI, CYNTHIA.
Glenn Krevosky of EBT Environmental Consultants joined the meeting and asked that the hearing be rescheduled. The four corners of the proposed dwelling will be staked. Mr. Krevosky will also stake 100’, the 50’ and the septic by Friday. A site walk was scheduled for May 18, 2018 at 6:00 PM.
The public hearing for (NOI-DEP #143-0955) Cynthia Morawski, 225 Yew Street was rescheduled to June 4, 2018 at 7:20 PM.

9:13 PM (NOI-DEP #143-0954) PUBLIC HEARING: 34 Cobblestone Lane/THE WIDAK FAMILY TRUST.
Ms. Brown opened the public hearing. Bruce Wilson of GW Site Solutions joined the meeting. The Dept. of Environmental Protection provided a letter that stated that riverfront impacts must be evaluated for the entire subdivision, or the lot as it existed prior to 8/7/96.
Mr. Wilson stated that the riverfront area is contained at the end of the project. The only riverfront area impacted in the entire project is on this lot, lot #20. The project will have zero impact on the riverfront area. Russell Waldren has located the flags for the riverfront area. The total square footage of riverfront area is 177,333 sq. ft. The area of disturbance will be 12,500 sq. ft. and 3,385 sq. ft. of 100’ buffer zone alteration.
Mr. Wilson read Mr. Zisk’s comments. Mr. Wilson has revised the plan to include the house dimensions and a deck, a slurry pit with straw erosion control, paved driveway, stockpile areas outside the riverfront area and wetland buffer, relocated the dwelling 5’ closer to the street, foundation drain discharging outside the resource areas, and added bank flags. They are awaiting approval from the Board of Health. The septic is outside the Commissions’ jurisdiction.
Mr. Zisk presented a video of the site.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for (NOI-DEP #143-0954) for The Widak Family Trust, 34 Cobblestone Lane with the revised plan dated April 25, 2018. Ms. Van Roo seconded the motion. Vote: Aye-4.

9:28 PM (RDA) PUBLIC MEETING: Davis Street/MASS ELECTRIC COMPANY dba NATIONAL GRID.
Ms. Brown opened the public meeting. Damien Dmitruk of Coneco joined the meeting to request moving pole #9, which is currently in a sidewalk. It will be moved outside the guardrails. The Commission reviewed photos. Disturbed areas will be restored.
The Commission needs more information on the work that will be done on the other side of the fence. Mr. Dmitruk believes the equipment can reach over the fence.
Ms. Sharkey made a motion to issue a negative determination for the RDA for Mass Electric Company dba National Grid, Davis Street with the conditions that straw wattles be installed before work begins, the fence is to be reinstalled if it needs to be removed, and the equipment remain on the street side of the fence. Ms. Van Roo seconded the motion. Vote: Aye-4.

DISCUSSION:
1. 56 West Street: Minor Plan Change. Ms. Sharkey recused herself. Margaret Bacon of Civil Site Engineering joined the meeting on behalf of Cliff Van Reed. This plan was permitted at the last meeting. Since that meeting, the house has been revised to be 4’ longer and 2’ wider. All the grading is outside the 25’ and that will not change. The Commission asked that the stone wall be included on the plan.
It was the consensus of the Commission that the changes to the plan, specifically the house, be considered minor changes with the condition that a revised plan be received by tomorrow. The Order of Conditions will state a revised plan date of May 15, 2018. Ms. Sharkey rejoined the meeting.
2. 164 Perry Street: Dumping of Trash. Ms. Brown recused herself and Ms. Sharkey chaired the discussion. Mr. Zisk stated that a complaint was submitted to the Board of Health. Mr. Zisk spoke to the property owner who said that the material was stockpiled during the winter. He plans on moving the pile outside of the Commission’s jurisdiction. Mr. Zisk gave him a verbal warning two weeks ago. It has not been done as of this weekend. There is an intermittent stream.
Ms. Van Roo made a motion that a written warning be issued, the pile moved outside the Commission’s jurisdiction by June 4, 2018 and the property owner asked to attend the June 4, 2018 meeting. The violation is already $100. If the pile is not removed by June 4, 2018, additional fines may be incurred. Mr. Greco seconded the motion. Vote: Aye-3.
Ms. Brown rejoined the meeting.
3. 90 Peters Cove Road: Dock Complaint. Ms. Brown read the complaint requesting the permitting of a dock. A series of small docks have been erected. Mr. Zisk presented photos. The Commission determined that an RDA should have been filed.
The property owner, Steve Bagdis of 90 Peters Cove Road and Bob Murphy of Murphy Associates Environmental Consultants joined the meeting. Mr. Murphy has looked at the dock to see if it is a permanent or temporary structure. When the dock was installed, the water level was down, two concrete pads were installed and the legs sit on the pads. No excavation was involved. The dock qualifies as a temporary structure. Mr. Murphy stated that they will be filing an RDA. The Commission decided that the RDA should be filed by June 18, 2018.
It was the Commission’s opinion that if the legs will remain in place, the dock is not temporary.
Abutter Tom Kalinowski recommended an NOI due to the hazardous boating conditions. Ms. Van Roo explained what is in the Commission’s jurisdiction.
Ms. Sharkey made a motion to issue a $100 fine for illegally installing a dock without permission from the Conservation Commission. Ms. Van Roo seconded the motion. Vote: Aye-4. Mr. Bagdis was informed that the fine needs to be paid before June 18, 2018.
The Commission called a three-minute recess.
4. Notice of Intent to Sell: MGL C.61, S.8: Sale of Property of Estate of Alice Chase, A Portion of 22 Orange Street, Douglas, MA. Ms. Sharkey made a motion to recommend to the Board of Selectmen to not exercise the Town’s right of first refusal. Mr. Greco seconded the motion. Vote: Aye-4.
5. Letter from the Town Administrator dated 4/12/18 Requesting a Transfer from the Wetland Protection Fund. The request is for $10,000. This transfer was approved at the recent May Town Meeting. Ms. Van Roo asked Mr. Zisk to get a written statement from Town Counsel saying that only the Commission can approve a transfer from the Wetland Protection Fund.
6. Sign-Orders of Conditions: Cliff Van Reed, 56 West Street (DEP #143-0949).
7. Sign-Determination of Applicability: Hayward Landing, 26 North Street.
8. Sign-Determination of Applicability: John Peru, 133 Monroe Street.
9. Request for a Certificate of Compliance: Brad & Amanda Maltz, 1 Isabella Drive (DEP #143-0849). Mr. Zisk stated that Mr. Maltz has been before the Commission before. There was a pool leak on the property. The Commission reviewed the as-built. Ms. Van Roo made a motion to issue a Certificate of Compliance for Brad and Amanda Maltz, 1 Isabella Drive (DEP #143-0849). Ms. Sharkey seconded the motion. Vote: Aye-4.
10. Request for a Certificate of Compliance: Orbison Corp., 20 Olde Carriage Lane (DEP #143-0829). Dan Heney joined the meeting. He stated that the project was finished nine years ago. The property has been sold twice without a Certificate of Compliance request. The Commission reviewed the as-built, which showed encroachment into the 50’. However, there is a fence which will stop further encroachment.
Ms. Van Roo made a motion to issue a Certificate of Compliance for Orbison Corp., 20 Olde Carriage Lane (DEP #143-0829). Ms. Sharkey seconded the motion. Vote: Aye-4.
11. Request for a Certificate of Compliance: Wickstrom Morse, LLP/Audet Builders, Inc., 11 Manzi Way (DEP #143-0420). Mr. Zisk stated that he needs to visit the site. No decision was made.
12. Request for Extension Permit for Orders of Conditions: Guaranteed Builders & Developers, Inc., 37 Glen Street, Lot #1B (DEP #143-0748). There was no discussion.
13. Request for Extension Permit for Orders of Conditions: Guaranteed Builders & Developers, Inc., 37 Glen Street, Lot #2B (DEP #143-0749). There was no discussion.
14. Proposed Rules & Regulations for Conservation Land. There was no discussion.
15. Minutes: March 5, March 19, April 2, and April 17, 2018.
Approval of the March 5, March 19, April 2, and April 17, 2018 Conservation Commission meeting minutes was deferred to the next meeting.

OTHER:
Town Engineer William Cundiff stated that the Town has an opportunity to obtain regrind to do some maintenance of the VFW driveway and parking area. They would be doing the same scope of work as Martin Road Park and Soldier’s Field. It was the consensus of the Commission to allow maintenance of the VFW driveway and parking area with regrind as long as straw wattles are installed as erosion controls.

10:14 PM ADJOURNMENT:
Ms. Van Roo made a motion to adjourn the meeting at 10:14 PM. Mr. Greco seconded the motion. Vote: Aye-4.

Respectfully submitted,

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

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