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HomeMy WebLinkAbout2020-07-13-CONCOM-min JS M�RNIN ?�G IlBj O O,Q PUBLIC MEETING MINUTES _ � n Conservation Commission Meeting broadcasted byLexMedia APRIL IYT LFXIN G'�O� Monday,July 13, 2020, 6:30 p.m. Pursuant to Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor's March 15, 2020 and subsequent Orders imposing strict limitation on the number of people that may gather in one place, this Conservation Commission meeting was held remotely via Zoom (https:Hzoom.us/j/91066644395) an online meeting platform. Public Participation via calling in or using your computer was encouraged. Commissioners Present: Philip Hamilton, David Langseth, Kevin Beuttell, Alex Dohan, Ruth Ladd, Duke Bitsko and Holly Samuels Staff Present: Karen Mullins, Conservation Director and Sharon Coffey, Department Assistant 6:30 pm New Business/Pendine Matters Issue Certificate of Compliance: 18 Cooke Rd, DEP 4201-1119, B-1077, VPC 4COC-20-11, VPC# CPM-20-6, VPC422580 (C- 19-7) The Conservation Director stated the as-built-plan does not have all the information necessary to complete the review. The applicant will follow up with that information by this Wednesday for review by the Director. They have a closing and need the Certificate of Occupancy before the next Conservation Commission meeting. The Commission agreed to authorize the Conservation Director Karen Mullins to release the Certificate of Occupancy once she receives and reviews the as-built plan and it is in compliance. On a motion by Ms. Ladd and seconded by Ms. Samuels , the Commission voted 7-0 by roll call vote to authorize the Conservation Director, Karen Mullins, to release the Certificate of Occupancy, with the understanding that the Certificate of Compliance will be pending until the next meeting at which time all of the materials would have been submitted. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Duke Bitsko —Aye Philip Hamilton—Aye Issue Partial Certificate of Compliance: 3 Penny Lane (Lot 6 Cedar St), VPC 4COC-20-13, DEP #201-1069 Mike Capachietti, presented before the Commission. He stated he was unable to get the required information in time for the meeting. They are closing at the end of the month so they would need the certificate of compliance before this time. The Commission agreed to authorize the Conservation Director Karen Mullins to release the Certificate of Occupancy once information received to document it is in compliance. On a motion by Mr. Langseth and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to authorize the Conservation Director, Karen Mullins, to release the Certificate of Occupancy, with the understanding that the Certificate of Compliance will be pending until the next meeting at which time all of the materials would have been submitted. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Duke Bitsko —Aye Philip Hamilton—Aye Request for Insignificant Plan Change: 16 Summer Street, S. Henderson VPC # CPM-20-9, DEP 4201-996, BL 953 Shelly Henderson presented the plan change request to install a new water line. She stated that the filter mitt and the trench extend into the conservation wetland buffer zone. The alternative was to move the filter mitt closer to where the existing filter mitt is now for the lower work. It opens up the staging area for equipment to come and keeps the right of way free for traffic. She then explained the plan. The mitt is currently installed and providing protection and a third row of mitt can be placed if needed. The commission stated that a third filter mitt layer should be placed if deemed necessary before starting the work. Ms. Henderson stated she would install if the Commission wanted a third layer. On a motion by Mr. Langseth and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to approve the insignificant plan change as such within the parameters of the existing Order of Conditions, including compliance with the preconstruction conditions for this phase of work. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Duke Bitsko —Aye Philip Hamilton—Aye Ch. 130 Regulation Amendments: Rules Section 5 Performance Standards: Section 5(5) Buffer Zone This item was postponed until later in the evening and was taken up after the public meetings and hearings portion of the agenda when more time was available for discussion. Issue Order of Conditions: 0 180 Lincoln Street, VPC 4CNOI-20-17, DEP File # 201-1186 On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 7-0 by roll call vote to issue the Order of Conditions. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Duke Bitsko —Aye Philip Hamilton—Aye 0 15/17 Fairland Street ViewPoint Cloud Permit 4CNOI-20-15 (under Code Only) On a motion by Ms. Dohan and seconded by Ms. Samuels, the Commission voted 7-0 by roll call vote to issue the Order of Conditions. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Duke Bitsko —Aye Philip Hamilton—Aye Schedule Site Visits for 7/27/2020 Meeting The Commission determined that the site visit will take place on Thursday July 23, 2020 at 5:30 pm. 7:00 pm New Public Meetings/Hearings ViewPoint Cloud Permit 4CDOA-20-1 Request for Determination of Applicability, 38 Adams Street Applicant: Jane Chen Fulop Project: Install Stockade fence with gates, remove invasive species and debris vegetation and plant native species within the wetlands and the 100-foot Buffer Zone to wetlands Documentation Submitted.- - ubmitted:- MassDEP Request for Determination of Applicability application with attachments, prepared by Mary Trudeau, prepared for 38 Adams Street final submission dated 6/15/2020 Mary Trudeau presented before the Commission. She stated the work that is proposed is a continuation of an existing section of the fence that runs along the backside of 23 Coolidge Avenue that the Fulops previously installed. It would be extended approximately 165 feet east along the paper street limits and 17 Coolidge Ave property boundary. It will be a six foot high wooden stockade fence and will be set 6 inches above the ground to allow for the safe passage of small wildlife. There will be the installation of three gates within the Brigham Road paper street layout to allow access from the Fulop property. They will be removing two dead Butternut trees, as well as adding native plant materials. They will be planting wetland plants as well. The fence is being proposed for privacy and to stop trespassing from abutters and dumping on their property. The holes will be dug by hand, spoils will be taken out of the work area and they would like to stage the work off of Brigham Road. The Commission stated the Commission cannot grant permission to access 38 Adams on the Brigham Road paper street(private way). The applicant must have the required permissions for the use of Brigham Road paper street\before this approach for accessing the project area should be presented to the Commission for approval of the work. Hence, in the absence of clear permissions to use the Brigham Road paper street from Coolidge Ave to access 38 Adams Street, a plan for accessing the work area through the wetlands from the driveway of 38 Adams Street will need to be presented to the Conservation Office for review and approval before work commences. At a minimum, matting shall be placed and used for equipment to traverse the wetland area. Concerns of the Commission: - The layout of the fence is odd, what is the reason for extending it that far and why are there three gates? - Did they check if it is legal to go across the paper street that presently does not provide access into 38 Adams Street? - Clarify the handling of the spoils from the post holes. Responses of the Applicant: - The reason for the odd layout is because this is the layout of the shared property boundary with the paper street. - Their attorney claims the Fulops have rights in the Brigham Road Paper Street. The gates in the fence will further guarantee their rights continue in the Brigham Road paper street once the fence is installed along their property boundary shared with the street layout as advised by their attorney. - The soil removed to place the fence posts will be put into 5 gallon buckets and hauled out of the area. Jane Fulop, property owner of 38 Adams Street, presented before the Commission. She stated they have consulted their attorney and are confident about their rights to Brigham Road but that is not an issue if they have to access a different way. They are not asking the Commission to vote on the legal issue of rights in the Brigham Road paper street. Concerns of the Abutters: - Want to know if the existing fence was permitted or approved. Object to any access from Coolidge Avenue through Brigham Road to access 38 Adams Street. There is a deed restriction recorded at the Registry of Deeds for Brigham Road that was placed by the former owners of 17 and 23 Coolidge Avenue. - A fence will prevent access of wildlife crossing from Coolidge Avenue through the paper street corridor. - Concerns about the restoration of native plants. - Having gates in the fence sets Brigham Road up to have some sort of access. - A conservation restriction was in the works to be established to protect the back of all those properties. Mrs. Fulop stated they have good reasons they need the fence. They have put up cameras; the cameras were stolen or disabled. They have things dumped onto their property. They have a conservation restriction on the back 2 acres of their lot and this is the only restriction they are aware of on their property or nearby. Mrs. Trudeau requested a continuance to address the location of the fence since a plan of the entire proposed fence installation was not presented and the access concerns of the Conservation Commission need to be addressed. On a motion by Ms. Ladd and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to continue to continue the meeting until July 27, 2020 at the applicant's request. Record of vote as follows: Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Duke Bitsko —Aye Philip Hamilton—Aye Continued Public Meetings/Hearings ViewPoint Cloud 4CNOI-19-27, DEP 201-1163, BL 1118 NOI, 91 Hartwell Avenue Applicant: John Cappellano Project: Construction of lab and office building, above ground parking garage and associated infrastructure Previous Hearing Dates: 11/18/2019, 2/24/2020, 5/18/2020, 6/15/2020 Additional Documentation Submitted on 7/7/2020: -Plan: PB Set Bound Rev 2 Part 1 of 2 -Plan: PB Set Bound Rev 2 Part 2 of 2 -Operation and Maintenance Plan and Long Term Pollution Prevention Plan 2020-07-06 -Recorded Conservation Restriction Rich Kirby, with LEC Environmental, presented before the Commission. He stated since the last meeting they had reviewed the conservation restriction document; it is signed by the EOEA secretary making it a formal conservation restriction. The applicant is prepared to file an amendment to expand the conservation restriction area. The Operation and Maintenance Plan for the stormwater best management practices have been updated and invasive species management included in the maintenance of the wet basins. The outstanding item is that they are in the process of evaluating and developing more detailed plans for the stormwater mitigation proposal within Hartwell Place. Matthew Brassard, engineer, presented before the Commission. He stated they did research on the watershed contributing stormwater runoff to Hartwell Place to find other options. It has a large contributing watershed. One of the options was a generalized approach to mitigation in that area but, due to the large scale of the watershed, there is not enough room to use this approach. As an alternative, they are evaluating the potential for stormwater mitigation associated with Hartwell Place itself. The engineering department, on a recommendation of the Conservation Director, shared an existing concept developed with guidance and assistance from the UNH Stormwater Center involving providing mini stormwater retention trenches that are designed to pick-up isolated inflows from catch basins. The trenches partially rely on infiltration and are also subject to groundwater conditions. As next steps, they are conducting test pits within the Hartwell Place layout to help provide data to further evaluate this method. John Kastrinos, hydrologist from Haley and Aldrich, presented a brief update before the Commission. He stated he has not had a lot of time to look at the soil data but has reviewed some of it and may recommend some revisions to the elevations but is reserving full comments until he has had an opportunity to study and evaluate the information and the site based on his professional knowledge and experience. Mr. Brassard from Judith Nitsche responded that they feel confident in their approach and believe very conservative but they are also prepared to rerun the calculations if Mr. Kastrinos recommends raising the groundwater elevations by 6-inches, and they are confident that the wet basins will still be adequately sized. Concerns of the Commission: - The sediment forebays base plan calls them to be cleaned out twice a year. Where does it say what to look for when assessing clean out of sediment deposit(such as depth)? - Inspection checklist provided. It is missing the wetland replication area and wet basins. - Obtain third party opinion on test pits and groundwater level. Responses of the Applicant: - They can be more explicit in terms of outlining that. - They can update that and provide more detail. - They did retain services from a hydrologist and will have further information at the next meeting. On a motion by Ms. Samuels and seconded by Ms. Ladd, the Commission voted 7-0 by roll call vote to continue the hearing until July 27, 2020 at the applicant's request. Record of vote as follows: Philip Hamilton—Aye Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye Duke Bitsko —Aye Ch. 130 Regulation Amendments: Rules Section 5 Performance Standards: Section 5(5) Buffer Zone The Commission reviewed the Draft Buffer Zone Regulations dated 2/3/2020. Proposed changes to the draft were pointed out on the following pages: Page 1 item 1 change was proposed. Page 1 item 2 change was proposed. Page 1 item 3 change was proposed. Page 1 item 3 a second change was proposed. Page 1 item 4 change was proposed. Page 1 item 4 a second change was proposed. The proposed changes involved standards when there are existing conditions within 50 feet of the wetlands and where meeting the normal standards would not be sufficient, and exceeding performance standards beyond the ones that the Commission would normally apply. Chiesa Farm Fence: Mr. Williams, Chiesa Farm Steward, is requesting the Commission approve a $3,700 expenditure, of which 50% is being requested from the Chiesa Farm Trust Fund under the Commission's control, to replace an iconic fence in the meadow at Chiesa Farm. The Commission wanted more details about the proposal and what the cost included for repair. It seemed rather high if it is only going to result in a temporary fix. Postpone approval until additional information presented. On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call vote to adjourn the meeting. Record of vote as follows: Philip Hamilton—Aye Kevin Beuttell—Aye Alex Dohan—Aye Ruth Ladd—Aye David Langseth—Aye Holly Samuels —Aye 9:32pm Respectfully Submitted, Meghan McNamara Conservation Department Assistant Approved: 11/2/2020 Submitted: 11/3/2020