August 6, 2018 Conservation Commission meeting

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August 6, 2018 Conservation Commission meeting

Postby Mary Wright » Tue Oct 02, 2018 6:03 pm

CONSERVATION COMMISSION MEETING MINUTES
MONDAY, AUGUST 6, 2018

A meeting of the Conservation Commission was held on Monday, August 6, 2018. Ms. Sharkey called the meeting to order at 7:00 PM. She stated that the meeting is being recorded live for broadcast and future rebroadcasting.

ATTENDANCE:
PRESENT: Tracy Sharkey, Katiegrace Dudley, Michael Greco, Gary Vecchione
ABSENT:
NON-VOTING: Stephen Zisk (Conservation Agent)

7:00 PM REORGANIZATION:
Ms. Sharkey welcomed Mr. Vecchione and Ms. Dudley to the Commission.
Mr. Vecchione made a motion to nominate himself as Chair of the Conservation Commission. Mr. Greco made a motion to nominate Tracy Sharkey as Chair of the Conservation Commission. Vote for Mr. Vecchione as Chair: Aye-1. Vote for Ms. Sharkey as Chair: Aye-3.
Ms. Sharkey made a motion to nominate Michael Greco as Vice Chair of the Conservation Commission. Mr. Vecchione made a motion to nominate himself as the Vice Chair of the Conservation Commission. Vote for Mr. Greco as Vice Chair: Aye-3. Vote for Mr. Vecchione as Vice Chair: Aye-1.
Ms. Sharkey stated that she has about 10 years of experience on the Commission and Mr. Greco has 4 years.

DISCUSSION:
1. 121 Maple Street. Cynthia and Bernard Murphy of 121 Maple Street and Richard Fenner of 125 Maple Street joined the meeting. Ms. Murphy stated that they were affected by the recent tornado. Each yard has 50-60 trees down in the back and there are wetlands on their properties. The Murphys would like to get a logging company to come in to clear and cut. They asked if there would be any restrictions regarding clean up. Ms. Murphy presented her plot plan. The back right corner of the house is 100’ to the wetland. The Murphys stated that the damaged trees go far beyond the 100’ by, perhaps 200’. The Commission reviewed photos of the site.
Mr. Murphy feels that heavy equipment may have to travel through the wetland. Ms. Sharkey asked to know the limit of travel for the heavy equipment and the limit of the clean up area. Ms. Sharkey suggested using the cart path as the limit of clean up and, once the area is cleaned, file an RDA for the second phase of cutting trees.
The Commission was fine with allowing clean up of all the downed trees 50’ from the corner of the house. No equipment is to be stored within the 100’. There should be no stumping from the 50’ to the wetland. Mr. Zisk will verify the 50’. Once that is done, an RDA should be filed. Clean up can take place 50’ away from the rear of the house and to the left of the stone wall. Mr. Zisk needs to be called before any machinery arrives.

7:22 PM DISCUSSION: Wetland Restoration Plan, 50 Southwest Main Street, BASILE, LAWRENCE.
David Feist of McClure Engineering, Art Allen of Eco Tec and Atty. Peter Fenn joined the meeting. Mr. Feist stated that the Restoration Plan has been completed. He described the details of the outstanding violation regarding excavation within the wetlands. The restoration plan proposes loam and seeding the disturbed area, removing all man made materials and revegetating with native plants. Mr. Allen has reviewed the plan and is in agreement with it. A discussion was held regarding the details of the violation and the fine.
Mr. Greco made a motion to issue a $100 fine for the violation at 50 Southwest Main Street, Lawrence Basile. There was no second.
Mr. Vecchione made a motion to issue a $300 fine for the violation at 50 Southwest Main Street, Lawrence Basile. There was no second.
A discussion was held.
Mr. Greco made a motion to issue a $100 fine for the violation at 50 Southwest Main Street, Lawrence Basile. Ms. Dudley seconded the motion. Vote: Aye-2, No-1.
Mr. Feist was told to inform Mr. Zisk before restoration begins. Mr. Allen stated that it was his understanding that the remaining items in the delineation are going to be rolled into the Notice of Intent.
Mr. Vecchione made a motion to accept the restoration plan for 50 Southwest Main Street, Lawrence Basile as presented. Mr. Greco seconded the motion. Vote: Aye-3.
Atty. Fenn stated that the applicant plans to file an NOI.

7:37 PM (NOI-DEP #143-0958) PUBLIC HEARING: Lot #2, Webster Street/ HAYWARD HOMES, LLC.
Ms. Sharkey opened the public hearing. Travis Brown of Andrews Survey and Engineering joined the meeting. The applicant is proposing construction of a single family home within a 40’ x 70’ area, a private well and private septic. The house will sit approximately 15’ inside the 100’. All work will be outside the 50’. The stockpile and well are outside the 100’. A filter sock and 8” straw wattles are proposed for erosion controls. It will be graded 3:1 right up to the erosion controls in the back. The only work inside the 25’ will be for clearing for a 12’ wide paved driveway. Mr. Vecchione asked that the width of the driveway be added to the plan.
Mr. Brown stated that the house cannot be pushed back out of the 100’ because of the setbacks and the shape of the lot. There will not be a deck. The Commission reviewed a video of the site.
Sierra Trudel of 173 Webster Street stated that she is opposed to the plan because the house is within the buffer zone. The paved driveway will be through the wetland. Mr. Vecchione stated that the wetland will not be disturbed. Mr. Brown stated that the area he is proposing to use for the driveway was previously built up for that purpose. The culvert will not be touched.
Ms. Sharkey feels that the proposed house is oversized for the footprint and she noted that there are no stairs on the plan. She feels there is still some setback area to work with.
Mr. Brown stated that the remainder of the 50’ and beyond will remain wooded.
Mr. Vecchione made a motion to close the public hearing for (NOI-DEP #143-0958) Lot #2, Webster Street, Hayward Homes, LLC. Mr. Greco seconded the motion. Vote: Aye-2, No-1.
Mr. Vecchione made a motion to issue an Order of Conditions for (NOI-DEP #143-0958) Lot #2, Webster Street, Hayward Homes, LLC. Mr. Greco seconded the motion. Vote: Aye-2, No-1.
Mr. Vecchione asked that in the future, Mr. Brown include on his plans the measurements from driveways to wetland areas. Ms. Sharkey stated that that is a requirement in the local bylaws.

8:01 PM (NOI-DEP #143-0959) PUBLIC HEARING: Lot #3, Webster Street/HAYWARD HOMES, LLC.
Ms. Sharkey opened the public hearing. Travis Brown of Andrews Survey and Engineering joined the meeting. This lot is to the left of lot #2 discussed above. The proposed driveway is as far to the left as possible and just within the 100’. The house, septic, well and stockpile are outside the 100’. The proposed erosion control line also depicts the limit of clearing.
Sierra Trudel of 173 Webster Street asked how the area will be cleared for lawn. Mr. Brown pointed out the proposed lawn area around the house. Ms. Trudel is concerned that the proposed house is large, which may change the dynamic of the area. Mr. Brown stated that most of the items on the plan are outside the Commission’s jurisdiction. Mr. Brown is not able to move the lawn back due to the septic requirements.
Mr. Greco made a motion to close the public hearing for (NOI-DEP #143-0959) Lot #3, Webster Street, Hayward Homes, LLC. Mr. Vecchione seconded the motion. Vote: Aye-2, No-1.
Mr. Greco made a motion to issue an Order of Conditions for (NOI-DEP #143-0959) Lot #3, Webster Street, Hayward Homes, LLC. Mr. Vecchione seconded the motion. Vote: Aye-2, Ms. Dudley abstained.

8:12 PM (NOI-DEP #143-0956) PUBLIC HEARING: Manchaug Pond/TOWN OF SUTTON BOARD OF SELECTMEN.
Ms. Sharkey opened the public hearing. Dominic Meringolo of Solitude Lake Management joined the meeting. He is proposing an Aquatic Management Program on Manchaug Pond to manage non-native vegetation. USCPA MA registered aquatic products and herbicides would be used to spot treat, as well as diver hand pulling, suction harvesting, etc. They are asking for multiple-year approval. The Sutton Conservation Commission has not yet approved the plan. Mr. Meringolo spoke about the negative impacts if these non-native species are not controlled.
Dave Schmidt of 48 Bigelow Road and President of the Manchaug Pond Foundation stated that the Foundation asked Solitude Lake Management to put together a plan for Manchaug Pond. Solitude has been evaluating the pond since 1990. Weeds in the pond have been a concern for several years.
Ms. Dudley made a motion to close the public hearing and issue an Order of Conditions for (NOI-DEP #143-0956) Town of Sutton, Board of Selectmen, Manchaug Pond. Mr. Greco seconded the motion. Vote: Aye-3.
Mr. Zisk will write up the special conditions once Sutton closes their hearing.


8:32 PM (NOI-DEP #143-0961) PUBLIC HEARING: 90 Peters Cove Road/ BAGDIS, STEVE.
Ms. Sharkey opened the public hearing. Bob Murphy of Murphy Associates and Mr. Bagdis joined the meeting. This is an after-the-fact filing for a 4’ x 20’ wooden dock that was installed in February without a permit. It sits on top of two cement footings. There is also an existing 11-year old dock. The unpermitted dock is located on Mr. Bagdis’ frontage in the latura zone.
Mr. Bagids stated that the dock is removable and not permanently attached. He is not proposing any additional work. Mr. Vecchione said that he was told there would be three posts and a rope added to the dock on the abutter’s side. Mr. Bagdis agreed. The posts will sit on top of the dock.
Tom Kalinowski of 86 Peters Cove Road asked to know the purpose of the dock. Mr. Bagdis replied that the older dock is for his two boats, and the new dock is for guests’ boats. He stated that guests’ boats would park on the side of the dock facing his property. Mr. Kalinowski asked that the dock be angled to fall parallel to the property line to stop children from jumping near the engine of his boat and because it obstructs his access to the lake. Mr. Murphy suggested rotating the dock parallel to the property line.
Mr. Vecchione feels the new dock is creating an “attractive nuisance” and that it is a liability waiting to happen. He asked that the Commission support that no work go forward unless Zoning and the Building Inspector make a decision on the issue regarding the latura line.
Mr. Vecchione made a motion to close the public hearing for (NOI-DEP #143-0961) Steve Bagdis, 90 Peters Cove Road. Ms. Dudley seconded the motion. Vote: Aye-3.
Mr. Vecchione made a motion to issue an Order of Conditions for (NOI-DEP #143-0961) Steve Bagdis, 90 Peters Cove Road with the conditions that the dock is to be angled parallel to the fence and property line, the permit is valid for one year, and an as-built should be submitted before the permit expires. Ms. Dudley seconded the motion. Vote: Aye-3.

9:03 PM (NOI-DEP #143-0960) PUBLIC HEARING: 117 Perry Street/ORBISON CORP.
Ms. Sharkey opened the public hearing. Margaret Bacon of Civil Site Engineering and Dan Heney joined the meeting. The applicant is asking for a permit to construct a single family house and install an in ground pool. The pool is 20’ from the house at the edge of the 50’. The septic and well are in the back, 70’ from the wetlands.
The erosion control limit will be the limit for lawn clearing. Ms. Sharkey asked for a visual deterrent at the 50’ to deter lawn creep. Ms. Bacon suggested moving the fence to allow more than 5’ of lawn for mowing in back of the pool. Mr. Heney stated that he would install native species plantings.
Mr. Zisk has visited the site and has checked the BVW line. Some previous flagging was done years ago. Ms. Bacon has re-flagged.
Mr. Vecchione made a motion to close the public hearing for (NOI-DEP #143-0960) Orbison Corp., 117 Perry Street. Mr. Greco seconded the motion. Vote: Aye-3.
Mr. Vecchione made a motion to issue an Order of Conditions for (NOI-DEP #143-0960) Orbison Corp., 117 Perry Street with the conditions that the back fence on the plan be moved in 5’, that the erosion control limit serve as the limit of clearing and that native plants of the applicant’s choosing be planted every 20’ along the 50’. The species of plants must be approved by Mr. Zisk prior to planting. Ms. Dudley seconded the motion. Vote: Aye-3.

9:28 PM (RDA) PUBLIC MEETING: 153 Manchaug Street/SHINE, RUSSELL.
Ms. Sharkey opened the public meeting. Margaret Bacon of Civil Site Engineering joined the meeting. The applicant is installing a new septic system and relocating his well adjacent to the driveway. The well will be outside the 50’ and surrounded by erosion controls. A small part of the septic tank will be on the 100’ buffer. One 8” maple will be removed. Ms. Bacon did not know if the septic plan has been approved by the Board of Health.
Mr. Greco made a motion to issue a negative RDA for Russell Shine, 153 Manchaug Street with the condition that erosion controls be installed and Mr. Zisk contacted before work begins. Mr. Vecchione seconded the motion. Vote: Aye-3.

9:33 PM (RDA) PUBLIC MEEING: 113 Ledgestone Road/HANSON, RICHARD.
Ms. Sharkey opened the public meeting. Mr. Hanson of 123 Westfield Drive, Cranston, RI joined the meeting. The Commission reviewed photos of the site. Mr. Hanson has had an arborist look at a storm-damaged white pine tree, and the arborist feels the tree should come down because it is a safety hazard. Limbs have been falling off the tree. The stump would be ground in place. A bucket truck would be brought in to take down the tree.
Mr. Zisk has visited the site and the solo pine is now unprotected.
Mr. Vecchione made a motion to issue a negative RDA for Richard Hanson, 113 Ledgestone Road, with the condition that the stump is to be ground in place as stated. Mr. Greco seconded the motion. Vote: Aye-3.

DISCUSSION:
1. Violation Notice: Woodward, 164 Perry Street. Mr. Zisk stated that the debris on the property has been cleared. The property owner, Chad Woodward, was present at the meeting.
2. Request for a Certificate of Compliance: Anthony Ciccione, 283 Southwest Main Street (DEP #143-0833). Mr. Ciccione joined the meeting. Mr. Zisk visited the site and presented photos. Mr. Greco made a motion to issue a Certificate of Compliance for Anthony Ciccione, 283 Southwest Main Street (DEP #143-0833). Mr. Vecchione seconded the motion. Vote: Aye-3.
3. Request for a Certificate of Compliance: Orbison Corp., 97 Yew Street (DEP #143-0887). Dan Heney was present. Mr. Zisk visited the site and presented photos. There was no evidence of erosion after the heavy rain. The lawn is established. Ms. Dudley made a motion to issue a Certificate of Compliance for Orbison Corp., 97 Yew Street (DEP #143-0887). Mr. Vecchione seconded the motion. Vote: Aye-3.
4. Potential Violation: 260 Southeast Main Street. Mr. Vecchione reported erosion and activity on the property. Anthony Genga joined the meeting. He stated that there was a damaged retaining wall on the backside of his pool. Water was running through the wall into his pool. He removed the wall and the dirt behind the wall to avoid dirt washing into the pool. He will restore the wall and fence. He will clean up to the left of the wall and place crushed stone.
Mr. Zisk feels the erosion is from runoff from the street. The Commission informed Mr. Genga that he needs to place erosion controls down gradient and file an RDA for the work within the 100’ buffer. Mr. Zisk informed Mr. Genga of the procedure.
A site walk was scheduled for Tuesday, August 7, 2018 at 5:30 PM.
5. Vote: Sale of Property of the Estate of Alice Chase, 47 Orange, 2.38 acre parcel/Right of First Refusal. See Discussion #6 below.
6. Vote: Sale of Property of the Estate of Alice Chase, 47 Orange, 6.24 acre parcel/Right of First Refusal. Ms. Dudley made a motion to recommend to the Board of Selectmen to waive their Right of First Refusal for the Estate of Alice Chase, 47 Orange, 2.38 acre parcel and the Estate of Alice Chase, 47 Orange, 6.24 acre parcel. Mr. Vecchione seconded the motion. Vote: Aye-3.
7. Review/Comment: New England Realty Ventures, 74 Main Street (Aquifer Protection Special Permit, Site Plan Review Permit & Special Permit for a drive through window). Ms. Sharkey stated that the corner of the project and the detention basin are nicking the 100’ across the street. The Commission reviewed photos of the site. The Commission was in agreement that the applicant needs to file.
8. Review/Comment: Estate of Harry Bedoian & Pyne Sand & Stone Company, Gilboa Street (For an Earth Removal Special Permit 11.79 acres). Mr. Vecchione stated that he spoke with Andy Leonard today, who stated that all activity is outside the Commission’s jurisdiction. Mr. Zisk stated that there is a perennial stream on the property. The Commission reviewed photos of the site. The Commission was in agreement that the work is outside of their jurisdiction.
9. Sign Vouchers, Orders of Conditions & Certificates of Compliance.
10. Minutes: June 4, 2018.
Approval of the June 4, 2018 Conservation Commission meeting minutes was deferred to the next meeting.

OTHER:
Jason Alexander of 227 Southwest Main Street joined the meeting. He bought the house in January. He has a building permit to add a deck as a means of egress from the second floor. He was told he has to go before the Conservation Commission. Mr. Zisk does not feel that Mr. Alexander’s contractor has filed. Mr. Zisk stated that the proposed deck is within 30’ of a pond. The Commission told Mr. Alexander that he needs to file a Notice of Intent.
Ms. Sharkey asked Mr. Zisk to get something in writing which shows that speaking in public about a positive determination is not a violation of the Open Meeting Laws.

10:43 PM ADJOURNMENT:
Ms. Dudley made a motion to adjourn the meeting at 10:43 PM. Mr. Vecchione seconded the motion. Vote: Aye-3.

Respectfully submitted,

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

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