HomeMy WebLinkAbout2006-01-11 Conservation Commission Minutes Conservation Commission Meeting Minutes
January 11,2006
Members Present: Scott L Masse, Chairman, Joseph W Lynch, Jr, Deborah Feltovic, Sean F
McDonough, and Louis A Napoli
Members Absent: Albert P Manzi, Jr , Vice Chairman, John J Mabon
Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill,
Conservation Associate, Donna M Wedge, Conservation Secretary
Meeting came to Order at: 7:36 P. M. Quorum Present. Mr. Lynch started meeting.
Scott Masse arrived at: 7:45 P. M.
General Business
242-1145, COC Request, Foster Street-Woodchuck Hill Substation (New England Power
Company)(cont. from 12/14/05)
No one was present Ms McKay stated a draft Conservation Restriction language and plan was
reviewed by counsel and revisions were made to reflect standard Conservation Restriction
language as approved in the past copies of revised Conservation Restriction in packets-review
for next meeting recommend Language revisions include, but are not limited to rights of public
access, ect I have forwarded the revision to Daniel McIntyre and National Grids counsel for
further review on their end In speaking with Daniel McIntyre he has informed me that
discussions and negotiations would need to occur regarding public access and liability concerns
The applicants request a continuance to the February 8, 2006 meeting so that these discussions
and negotiations can be worked out Mr Lynch stated still a security problem has not been
resolved yet Ms McKay stated there is no public access but thru the wetland areas Scott Masse,
Joseph Lynch, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to continue to
February 22, 2006 meeting was made by Ms Feltovic, seconded by Mr Napoli Unanimous
242-1059, COC Request,40 Booth Street(Quality Realty Trust)(Basbanes)(cont. from
12/14/05)
The applicant William Johnson was present Ms Merrill stated at the last meeting, it was
determined that an as-built plan was required as part of the Order of Conditions request The
applicant' s representative has submitted a request to reconsider the vote to waive the as-built
plan The applicant has requested a reconsideration to waive the as-built plan This request letter
is in your packets for review Mr Masse stated we need to reconsider the vote on November 16,
2005 meeting to deny A motion to reconsider the vote to deny on November 16, 2005 meeting
was made by Mr Lynch, seconded by Ms Feltovic Unanimous Mr Masse stated we need to
modify the condition# 63 H requiring the letter from a Professional Engineering or Professional
Land Surveyor A motion to remove the requirement of a Professional stating letter condition#
63 H in the Order of Conditions was made by Mr Lynch, seconded by Ms Feltovic Unanimous
Mr Lynch and Mr McDonough stated we still would require as-built plans in the file The
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applicant William Johnson requested to continue to February 22, 2006 meeting to have as-built
plans done Scott Masse, Joseph Lynch, Deborah Feltovic, Sean McDonough, and Louis Napoli
A motion to continue to February 22, 2006 meeting was made by Mr Lynch, seconded by Ms
Feltovic Unanimous
242-1169, Extension Request,2357 Turnpike Street(Valley Realty Development)(cont.
from 12/28/05)
Earle Chase of West Environmental, Inc was present Mr Masse recused from voting conflict of
interest left the room Ms Merrill stated the Order of Conditions was issued on January 22, 2003
for construction of a 270-unit condommium/townhouses with associated appurtenances,
roadways, parking lots, stormwater structures, and site clearing and grading within 100-foot to
Bordering Vegetated Wetland, Isolated Land subject to flooding, and Vernal Pools Additionally,
1, 055 s f of wetland restoration is proposed, along with 19, 558 s f of Buffer restoration The
project 40B affordable housing The Order of Conditions is due to expire on January 22, 2006
The department was in receipt of the extension request prior to the 30-day submittal deadline
This is the first extension request the applicant is seeking West Environmental, Inc has been
retained as the projects Environmental Monitor and has been submitting reports on a weekly
basis Construction has been throughout the last year Buildings 1-15 and 18 are under
construction and four of the five detention ponds have been constructed All water/sewer utilities
and drainage have been installed and a binder coat was applied to all roadways within the
development during late fall Per Condition# 53, the 2 Isolated Vegetated Wetlands underwent
an extensive ecology inventory for vernal pool species It was concluded that one of the two
areas was a vernal pool and was subsequently certified with Natural Heritage Endanger Species
Protection(#3633) The wetland restoration will commence in the spring when weather
conditions are appropriate Prior to the first heavy snowstorm, exposed areas were hydroseeded
and received a heavy application of hay mulch or was stabilized using jute matting to provide
additional erosion control during the winter snowmelt and spring rains In late December 2005,
Earle Chase of West Environmental, Inc , and myself reviewed the wetland line and determined
it was consistent with original delineation All wetland flags were refreshed in the field Upon
the commencement of this project, a colony of beavers were very active in the adjacent wetland,
increasing the water levels up to 5-10' in some areas The increase in water elevation was
causing potential damage to portions of the site As a result, the Health and Conservation
Departments allowed the applicant to install a beaver deceiver in an effort to return the water
levels to its normal depth West Environmental, Inc , oversaw the installation of the flow device
and prepared a report to photo-document thru the process The beavers continue to be very active
in this area, however the deceiver continues to function properly and its maintained on an as
needed basis Mr Lynch stated the O & M Plan should be updated The beaver problem they
should work up stream Joseph Lynch, Deborah Feltovic, Sean McDonough, Louis Napoli A
motion to issue a one-year extension to January 22, 2007 was made by Ms Feltovic, seconded
by Mr Napoli Unanimous Mr Masse returned into the room
242-1212, COC Request,33 Morningside Lane (Donahue)(Seekamp)(cont. from 12/128/05)
The applicant Brian Donahue was present Ms McKay stated at the last meeting, the
Conservation Commission had concern with the new location of the stairs and suggested that
either the applicant request a modification for the new location with an alternative analysis or
move the stairs altogether to comply with the Order of Conditions The applicant had opted to
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move the stairs, of which were moved closer to the house as originally proposed An inspection
was conducted on January 3rd and photos were taken to show that the stairs were moved Mr
Masse stated Mr Mabon mentioned at the last meeting he needed a modification for the landing,
which was enlarged A motion to issue a modification for the landing can remain was made by
Mr Lynch, seconded by Ms Feltovic Unanimous A motion to issue the COC and bond release
was made by Mr Lynch, seconded by Ms Feltovic Unanimous
A motion to accept all the minutes approved by Mr. Masse Chairman was made by Ms.
Feltovic, seconded by Mr. Napoli. Unanimous.
No Recess
Public Hearings at: 8:15 P. M.
242-1340, 1171 Turnpike Street-Uncle Bobs Self Storage (Sovran Acquisition
Partnership)(New England Engineering Services, Inc.)(cont. from 12/14/05)
Ben Osgood, Jr , of New England Engineering Services, Inc , was present Ms Merrill stated
Leah Basbanes submitted a revised restoration plan, dated December 28, 2005 100 shrubs (25
Arrowwood, 25 elderberry, 25 silky dogwood, 25 speckled alder) have been proposed within the
25-foot No-Disturbance zone to provide a dense shrub layer in an effort to shade out/reduce the
invasive species I find this proposal acceptable However, I would still recommend the prior to
installing the shrubs, the invasive species be removed by hand with a subsequent application of a
seed wet or conservation seed mixture Only 8 yellow birch are proposed along the top of the
bank/Bordering Vegetated Wetland I had previously recommended the additional FACW
shrubs that can tolerate frequent inundated of water be incorporated within the Border Vegetated
Wetland This has not been proposed, however, some of the shrubs recently proposed could be
planted within this area be included in the Order of Conditions New England Engineering
Services, Inc , submitted a revised maintenance conditions plan dated December 28, 2005
response to my previous recommendations I have no other issues with the plan as I find this to
be consistent with the maintenance requirements outlined in the MA Stormwater Handbook
Scott Masse, Joseph Lynch, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to
close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Lynch
Unanimous
242-1333, Waverly Road/Turnpike Street-Walgreen' s (Mark Investments, Inc.)(Bohler
Engineering,P. C.)(cont. from 12/28/05)
James Bernardino of Bohler Engineering, P C , and Dean Holt of Mark Investments, Inc , was
present Ms McKay stated additional revised plans were submitted incorporating the previous
drainage changes in addition to the following the elimination of proposed drive-thru lane at the
spec retail building The elimination of drive-thru lane allows for a 10-foot reduction in
pavement width along the Route 114 side of the retail building and along the rear of the building
(abutting the Eaglewood Development) This reduction allows for an additional 10-foot of green
space in the area Some minor modifications to the drainage infrastructure were also proposed
behind the spec building to accommodate the revised layout(limited to the relocation of catch
basins and manholes to allow for the modified proposed curb alignment and reduction in
retaining wall height) No further issues from, DPW, Lisa or Mr Lynch on drainage or other Mr
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Lynch stated what 24"pipe did you find Mr Bernardino stated there is corrugated pipe on the
south part of the property, which will channel the water by Boston Market to the existing
wetland area down stream keeping water from running down Route 114 Mr Lynch this is fine I
know exactly where the water would flow to the existing wetland down stream Scott Masse,
Joseph Lynch, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to close and issue a
decision within 21 days was made by Ms Feltovic, seconded by Mr Napoli Unanimous
242-0000, Lot 1 Great Pond Road (Great Pond Realty Trust)(New England Engineering
Services, Inc.)
The applicant Joseph Pelich and Ben Osgood, Jr , of New England Engineering Services, Inc ,
was present Mr McDonough read the legal notice Ms McKay stated the filing is for the
construction of a single-family dwelling, driveway,pool, patio, stormwater devices, and
stonewall with associated grading and appurtenances within the Buffer Zone to a Bordering
Vegetated Wetland The property is also located within the Watershed Protection District The
Commission issued ORAD for the wetland resource area on adjacent lot as shown on the
proposed plan on 9/12/03 Prior to the issuance of the GRAD, the site was reviewed under
former filing (242-626) on which work had never commenced, the delineation was significantly
different at the time than what was approved under the ORAD Because of this, the approved
ORAD was a result of extensive field reviews by Epsilon Associates and Patrick Seekamp Both
Patrick Seekamp and Epsilon Associates submitted review letters in support of the current
delineation The ORAD notes that additional off-site wetlands were identified, but not
confirmed A former Administrator also states in an attached letter that the 100-foot Buffer Zone
from identified (but not confirmed) resource areas may extend onto subject property and that
during the site development permitting process, off-site wetlands and applicable Buffer Zones
would be required to be depicted on the plan After extensive review of the files and
conversation with Patrick Seekamp, I am comfortable with the wetland boundary, although the
site is extremely and prominent throughout the site, which raises the question of high
groundwater and infiltration All setbacks are being meet as proposed Proposed drainage
structures/features include swales, a roof drain infiltration system, deep sump catch basins, and
sediment forebay and a wet detention pond The existing drainage flows in a northwest to
southeast direction towards the wetland on the adjacent property as shown on the drainage plan
(sheet 3) Drainage calculations were provided for pre and post run-off conditions for the 1, 2,10,
and I00-year storms drainage swale capabilities (specifically are they designed to capture and
direct the flows to the intended retention/detention systems in accordance with the drainage flow
patterns, is a 2' separation from groundwater evident in the stormwater units for adequate
infiltration, Dewatering-will be necessary and extensive during construction if approved, no
Buffer Zones are depicted on the plan from lake/associated Bordering Vegetated Wetland (if
any), should be shown, erosion controls should be shown along Great Pond Road to further
protect the lake, very concerned about on site infiltration system since groundwater table is high,
two test pits were noted on the plan to be performed by the Engineer on July 2, 2003 The
locations of the soil testing may not be relevant for proposed project Should be updated and
recommend additional soil testing in the wet pond location and in the storm tech infiltration
system location, although 1 house lot, recommend escrow for drainage review(separate from
planning/VHB), since site is sensitive and within the Watershed It is also recommend that the
overflow pipe from the infiltration system(which breaks out at the toe of the slope) have a small
rip-rap apron for dissipation, previous meeting recommendation for the ANRAD filing that all
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old flags be torn down and removed during the Notice of Intent phase for house development I
agree with this recommendation, since old flags not relevant to the approved delineation are still
prominent to the site and add some confusion, further, the ANRAD recommendations state that
the flow on the lots gentle slope is in a somewhat defined area and should also addressed during
the development phase by depicting the flow pattern on the plan The engineer has offered this
information on the drainage plan, some wetland flags missing numbers and several were found
on down trees, the wetland line should be refreshed and renumbered where needed Suggest a
quick re-review of the boundary once the old flags are taken down and the new flags are
refreshed, recommend a stonewall, fencing, or other means of protection along the 25-foot No
Disturbance zone upgradient to wetland flags EA26-EA28 Mr Lynch stated the berm and
treatment swale should have check dams installed Also the Planning Board would be reviewing
the break out of the water flow, no salt, no snow stockpiling, and no pollution Mr Lynch stated
how is the pool going to be filtered Mr Pelich stated by cartridge filter Abutters Michael Slack
of French Farm Road and Paul Watson the two abutters present at the meeting have issues with
flooding problem with the drainage Mr Osgood, Jr stated he will walk the property with
abutters to ensure them there would be no drainage problem from this project there is and old
road could be a blocked pipe in that area Scott Masse, Joseph Lynch, Deborah Feltovic, Sean
McDonough, Louis Napoli A motion set escrow account in the amount $500 for third party
review for the drainage would be working properly was made by Mr Lynch, seconded by Ms
Feltovic Unanimous A motion to continue to January 25, 2005 meeting was made by Ms
Feltovic, seconded by Mr Napoli Unanimous
Decision
242-1337, Turnpike Street-Old Salem Village (Key-Lime, Inc.)(Haves Engineering, Inc.)
Ben Osgood, Sr of Key-Lime, Inc , and Jay Burke, and John Burke, Jr , was present Ms
McKay stated the bond amount calculation $ 3,000 per building in the Buffer Zone 20,000 for
stormwater management, $ 8,000 sewer, $ 8,000 water and 39,000 for the 13 buildings within the
Buffer Zone The Conservation Commission was discussing the bond amount different amounts
the bond amount set at $ 55,000 Fence requirement around the stormwater management
detention pond The Homeowners Association needs to sign affidavit stating they know the O &
M plan is for perpetuity No-Salt/No Snow Stockpiling Signs Wetland Markers installed every
40-feet 20 scale plans for each building in the Buffer Zone before sign off on building permit A
revised O & M plan including Lisa Eggleston 7, 8, & 9 Staking corners of foundation placing
signs on buildings Environmental Monitor weekly reports Test Pits in areas per Lisa Eggleston
comments Stormwater sequencing of construction Partial Bond Releases when stormwater
management facilities are functioning A motion to accept the Order of Conditions as amended
was made by Mr Lynch, seconded by Ms Feltovic Unanimous
A motion to adjourn the meeting at: 9:45 P. M.was made by Mr. Lynch, seconded by Ms.
Feltovic. Unanimous.
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