8/5/2019 - Conservation Meeting

Moderator: Maria Lajoie

8/5/2019 - Conservation Meeting

Postby Maria Lajoie » Thu Aug 01, 2019 10:23 am

CONSERVATION COMMISSION MEETING
MONDAY, AUGUST 5, 2019
(Community Meeting Room)
7:00 PM

7:00 PM (NOI-143-0977) PUBLIC HEARING CONTINUED: 41 Shore Road /
PRINCE, CHERYL
7:15 PM (NOI-DEP #143-0978) PUBLIC HEARING CONTINUED: 131 Franklin Street / HOVAGIMIAN, MICHAEL M.
7:20 PM, 225 Yew Street: Andrews, Everett

7:30 PM (NOI-DEP #143-0979) PUBLIC HEARING: 67 Walnut Street / PEARE, RAY
7:40 PM (RDA) PUBLIC MEETING: 13 Laurel Hill Road / HAMPSON, JAMES
7:50 PM (RDA) PUBLIC MEETING: 45 Lindberg Avenue / LEBEL, RONALD & GAIL
8:00 PM (NOI-DEP #143-0---) PUBLIC HEARING: 179 Wallis Street / WARD, DOUGLAS
8:10 PM (RDA) PUBLIC MEETING: 36 Davis Street / FITZPATRICK, JAMES
Open session for topics not reasonably anticipated 48 hours in advance of Meeting.

DISCUSSION
1. 37 Glen Street: Update
2. Whitin Reservoir Estates: Request for a Certificate of Compliance: Stockwood Realty, Douglas Hill Way (off Northwest Main Street) (DEP #143-0656)
3. Request for Extension for Order of Conditions: Robert & Diane Miller, 115 Shore Road (DEP #143-0914)
4. Mumford Watershed
5. Voucher

Mail
Minutes: 6/3, 6/17, 7/15 _________________________________________________________________
Upcoming Meetings: 8/19, 9/16
Maria Lajoie
Maria Lajoie
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Location: Community Development Department

Re: 8/5/2019 - Conservation Meeting

Postby Mary Wright » Tue Sep 03, 2019 6:23 pm

CONSERVATION COMMISSION MEETING MINUTES
MONDAY, AUGUST 5, 2019

A meeting of the Conservation Commission was held on Monday, August 5, 2019. Ms. Sharkey called the meeting to order at 7:00 PM.

ATTENDANCE:
PRESENT: Tracy Sharkey (Chair), Katiegrace Dudley, Michael Greco (Vice Chair), Eric Harris (Associate-left 8:21 PM), Arthur Montminy, Mark Mungeam (arrived 7:05 PM and left 9:09 PM)
ABSENT:
NON-VOTING: Stephen Zisk (Conservation Agent)

7:00 PM (NOI DEP #143-0977) PUBLIC HEARING CONTINUED: 41 Shore Road/ PRINCE, CHERYL.
Fred Lapham of Shea Engineering and Ms. Prince joined the meeting. Ms. Sharkey stated that correspondence regarding tree removal was received from the Division of Fisheries and Wildlife. No work is to be done below the high water mark.
Mr. Lapham stated that Ms. Prince would like to widen the 4’-wide boardwalk to 5.5’. The Commission had no objection. The idea is to replace what the family has done within the work area over the years. Ferns, spirea and perennials are planned.
Mr. Montminy made a motion to close the public hearing for (NOI DEP #143-0977) Cheryl Prince, 41 Shore Road. Ms. Dudley seconded the motion. Vote: Aye-4.
Mr. Greco made a motion to issue an Order of Conditions for (NOI DEP #143-0977) Cheryl Prince, 41 Shore Road. Mr. Montminy seconded the motion. Vote: Aye-4.

7:22 PM (NOI DEP #143-0978) PUBLIC HEARING CONTINUED: 131 Franklin Street/HOVAGIMIAN, MICHAEL, M.
Ms. Sharkey recused herself. Mr. Greco took over as Chair. Les Stevens joined the meeting. He stated that notes #3-8 were added to the plan. The dog kennel slab will be removed, and lawn and three bushes will be planted there. Three to five rocks will be installed around the existing driveway to the left of the property. The proposed driveway where the stockpile is will be paved, reducing the paving footprint. The plan has been approved by the Board of Health (BOH), Planning Board and the Zoning Board of Appeals (ZBA). The existing well line will be used.
Mr. Montminy made a motion to close the public hearing for (NOI DEP #143-0978) Michael M. Hovagimian, 131 Franklin Street. Ms. Dudley seconded the motion. Vote: Aye-5.
Ms. Dudley made a motion to issue an Order of Conditions for (NOI DEP #143-0978 Michael M. Hovagimian, 131 Franklin Street. Mr. Montminy seconded the motion. Vote: Aye-5.
Ms. Sharkey rejoined the meeting and resumed as Chair.

7:27 PM 225 Yew Street: ANDREWS, EVERETT
Kristin LaBrie from Andrews Survey and Engineering joined the meeting to ask the Commission to approve a minor modification to an approved plan. The proposed house has been moved to be 68.9’ away from the wetland, as opposed to 56’. The amount of disturbance in the buffer is about the same. The septic is in the same location. The installed erosion controls have been inspected by Mr. Zisk. The Commission reviewed the plan that was approved.
Mr. Greco made a motion to approve as a minor plan change for Everett Andrews, 225 Yew Street. Ms. Dudley seconded the motion. Vote: Aye-5.
Ms. LaBrie will send color copies of the plan to Mr. Zisk tomorrow.

7:31 PM (NOI DEP #143-0979) PUBLIC HEARING: 67 Walnut Street/PEARE, RAY.
Ms. Sharkey opened the public hearing. Kristin LaBrie from Andrews Survey and Engineering joined the meeting. The proposed septic will be outside the 50’ and has been approved by the BOH. She has reviewed Mr. Zisk’s comments from 7/27/19. Ms. LaBrie stated that the modifications have been made and a stockpile was added. Mr. Zisk showed a video of the site.
Ms. Sharkey stated that the lawn is really close to the 25’. She asked for an anti-creep indicator. A discussion was held. The Commission asked that the lawn stop 35’ from the wetland and an anti-creep barrier be added to the plan. Ms. LaBrie will check with her client.
Mr. Montminy made a motion to continue the public hearing for (NOI DEP #143-0979) 67 Walnut Street, Ray Peare to August 19, 2019 at 7:15 PM. Ms. Dudley seconded the motion. Vote: Aye-5.

7:47 PM (RDA) PUBLIC MEETING: 13 Laurel Hill Road/HAMPSON, JAMES.
Ms. Sharkey opened the public meeting. Mr. Hampson joined the meeting. Mr. Zisk stated that the Order of Conditions is still open for the house. He gave Mr. Hampson a copy of the plan and suggested he file a request for a Certificate of Compliance.
Mr. Hampson would like to erect a 20’ x 16’ shed on runners 25’ behind his well. There will be no excavation. The Commission reviewed a video of the site. Mr. Hampson will add landscape fabric and gravel by hand.
Mr. Montminy made a motion to issue a negative RDA for James Hampson, 13 Laurel Hill Road with the conditions that there be erosion controls, no stumping, no excavation, no machinery, crushed stone will be laid by hand, and no additional clearing/tree removal. Mr. Greco seconded the motion. Vote: Aye-5.

7:58 PM (RDA) PUBLIC MEETING: 45 Lindberg Avenue/LEBEL, RONALD & GAIL.
Ms. Sharkey opened the public meeting. Mr. and Mrs. Lebel joined the meeting. They are asking to remove a maple tree and erect an enclosed porch 32.7’ from Laurel Lake. The 4 footings will be hand-dug. The Commission reviewed photos of the site and asked the applicants to add at least 40’ of straw wattles at the 25’. A discussion was held.
Ms. Sharkey informed the Lebels that they may need to request a Building Permit. Mr. Montminy asked to review the bylaws. The Commission informed the Lebels that the tree cannot yet be taken down.
Mr. Montminy made a motion to continue the public meeting (RDA) for Ronald and Gail Lebel, 45 Lindberg Avenue to August 19, 2019 at 7:30 PM. Ms. Dudley seconded the motion. Aye-5.
Mr. Harris left the meeting.

8:20 PM (NOI DEP #143-0---) PUBLIC HEARING: 179 Wallis Street/WARD, DOUGLAS.
Ms. Sharkey opened the public hearing. Bob Murphy of Murphy Associates Environmental Consultants and Douglas and Linda Ward joined the meeting. The applicants are proposing to renovate/rebuild an existing 24’ x 32’ house on a pre-existing non-conforming lot. They have been to the Building Dept. and will be going to the ZBA on 8/19/19 for a Special Permit. The Dept. of Environmental Protection (DEP) Title 5 Division have approved the tight tank plan, and it has been submitted to the BOH for a public hearing on August 15, 2019 where waivers will be requested. The property is too small to build a title 5 tight tank septic system with a leach field. Mr. Murphy said that Margaret Bacon has given her approval for the septic as designed.
The stumps of the trees that were previously removed will remain. The erosion controls outline the limit of work.
The proposed open covered 6’ porch with 3 sonotubes is within the 23’. Mr. Zisk stated that Conservation usually prefers that, when replacing a dwelling, the proposed dwelling not be located closer to the resource area than the existing dwelling when located within the 50’ buffer zone line. Mr. Murphy asked for flexibility due to the difficult nature of the site. The Commission pointed out that the foundation is slightly larger, the proposed house is two floors, and a porch has been added on.
There will be no parking on the lot.
Mr. Mungeam asked that a 25’ buffer line be added to the plan.
Mr. Greco made a motion to continue the public hearing for (NOI DEP #143-0--), 179 Wallis Street, Douglas Ward to August 19, 2019 at 7:45 PM. Mr. Montminy seconded the motion. Vote: Aye-4.

8:38 PM (RDA) PUBLIC MEETING: 36 Davis Street/FITZPATRICK, JAMES.
Ms. Sharkey opened the public meeting. Mr. Fitzpatrick joined the meeting to ask to remove three pine trees, as they are in danger of falling on his equipment and his proposed garage. There is a small drainage swale at the front of the property. The Commission asked that the stumps not be removed and asked that at least four trees be planted to replace the ones being removed.
Mr. Montminy made a motion to issue a negative RDA for 36 Davis Street, James Fitzpatrick with the conditions that the stumps remain, no equipment in the wetland and four or more native, noninvasive trees be planted in their place. Ms. Dudley seconded the motion. Vote: Aye-4.

DISCUSSION:
1. 37 Glen Street: Update. Ms. Sharkey recused herself. Murray Bristol from Pyne Stand & Stone and Paul Dauphinais joined the meeting. Mr. Zisk stated that the applicant is doing a great job with excavation of material, conservation-wise. There have been discussions with other boards regarding elevations and high ground water. Mr. Bristol asked to move the limit of disturbance to between the existing erosion controls and the wetland. The grading will be done right to the road and the erosion controls will be moved close to the road.
Currently, the approved limit of work is the property line. The applicant is asking for a minor plan change to extend the limit of work to spread loam and re-plant all the way to the road. Ms. Dudley stated that the proposed change does not reduce the impact to the wetlands.
The applicant has asked the Planning Board permission to lower the site based on the new and current water table elevations. The applicant is in the process of getting a letter from the Town Engineer, who is asking for more information from the applicant’s engineer.
Mr. Zisk cautioned Mr. Bristol that removal of the previously planned retaining wall and sloping the area at 2:1 is within the Commission’s jurisdiction.
Ms. Dudley and Mr. Mungeam do not feel that this is a minor plan change. They do not want the grading to be flush with the road and they do not want to see a lawn in the area.
Mr. Zisk suggested that the applicant re-open the public hearing.
Ms. Sharkey rejoined the meeting.
2. Whitin Reservoir Estates: Request for a Certificate of Compliance: Stockwood Realty, Douglas Hill Way (off Northwest Main Street)(DEP #143-0656). Bob Pace joined the meeting and stated that work is completed in the wetlands area. Mr. Zisk explained that when the NOI was filed for the subdivision, the plans covered the entire subdivision and part of the NOI was stormwater management. Under the Wetlands Protection Act, the Commission’s jurisdiction is stormwater management. The pre-imposed conditions came from the filing from the subdivision. The subdivision is not finished, nor is the stormwater management. The special conditions from the DEP (#19) states that the project is subject to the Massachusetts Wetlands Standards and outlines everything needed for a Certificate of Compliance.
Mr. Zisk was looking for documentation from Mr. Pace’s engineer stating that Mr. Pace complied with the Order and the stormwater meets the design. Mr. Pace stated that the as-built shows that. The pond is completed, but the stormwater system cannot be 100% complete because the subdivision is not complete. The work that has been completed is acting as a stormwater management system for both pre- and post-construction. A discussion was held.
Ms. Sharkey stated that the Commission cannot legally release the Order until all conditions are met, or the applicant can state that the work is not substantially complete, and the applicant refiles. Mr. Zisk suggested that Mr. Pace request a partial release.
To complete the stormwater system, the following needs to occur: the road must be finished with topcoat, curbing, and sidewalks. Mr. Pace asked if he could put all of the lots on a partial release. Ms. Sharkey stated that she would be willing to release the two lots for which Mr. Pace has a Purchase and Sale Agreement. Mr. Zisk stated that he has signed off on all Building Permits that have come before the Commission and Mr. Pace can build on all those lots. Mr. Mungeam left the meeting.
Mr. Pace respectfully withdrew his request for a Certificate of Compliance for Whitin Reservoir Estates, Stockwood Realty, Douglas Hill Way (off Northwest Main Street)(DEP #143-0656). He will file partial releases for the lots along with a narrative.
3. Request for Extension of Order of Conditions: Robert & Diane Miller, 115 Shore Road (DEP #143-0914). Ms. Dudley made a motion to approve the Request for an Extension of Order of Conditions: Robert & Diane Miller, 115 Shore Road (DEP #143-0914) for three years. Mr. Greco seconded the motion. Vote: Aye-3.
4. Mumford Watershed. Mr. Zisk stated that the Uxbridge Conservation Commission meeting was cancelled, and he has not heard anything further. He has emailed information to the Chair of Uxbridge’s Conservation Commission.
5. Voucher.
6. Minutes: June 3, June 17, & July 15, 2019.
Approval of the above minutes of the Conservation Commission meetings were deferred to the next meeting.

OTHER BUSINESS:
Mr. Zisk emailed Ms. Sharkey a link to the MACC handbook.
Cary Vandenakker does not have a sign making machine any longer.
Mr. Zisk contacted legal counsel about setting up regulations for the conservation parcels.

09:20 PM ADJOURNMENT:
Mr. Montminy made a motion to adjourn the meeting at 9:20 PM. Mr. Greco seconded the motion. Vote: Aye-3.

Respectfully submitted,


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


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