Conservation
Commission Minutes
November
2, 2005
Members
Present: Rick Whaley, Kevin Avery, Tom Hughes, Pat Fowler & David
Hanstron
Members
Absent: Iora Alexander
Meeting
called to order at 7:09 P.M.
RW
Chairman stated that there was a mistake on the agenda. (Executive Session)
TH
made a motion to take this out of order.
Seconded by RW. Unanimous vote.
TH
motion no Executive Session item.
Seconded
by KA. Unanimous
RW
- no Executive Session item.
A.
Minutes: September 9, 2005, September 21, 2005,
October 5, 2005 & October 19, 2005.
Motion
by KA to accept minutes of September 9, 2005.
Seconded by DH, Vote in favor KA,
PF, DH. TH abstained.
Motion
by KA to accept minutes of September 21, 2005.
Seconded by DH. Vote in favor KA,
PF and DH. TH abstained.
Motion
by KA to accept minutes of October 5,
2005. Seconded by TH. Vote unanimous.
Motion
by KA to accept minutes of October 19, 2005.
Seconded by TH. Vote unanimous.
B.
Building
Permits: None
C.
Emergency
Certification - Town Creek Culvert
Don
Levesque stated that it was the tide gate, head wells and rail bed that needed
restoration. Since wash out gate has not
been operating successfully.
Culvert
is in back of Hudson Marina. MBTA owns
rail tail. Restore footprint that was
there originally. Using granite slabs -
working with the MBTA, Access to rail trail through Fraser Pontiac. Have spoken with owners and will help town
remedy situation. Excavation - Town supply material fill six inches - gravel -
go over culvert - plant and seed. Work will last one week. TH asked if the Army Corp of Engineers were
involved? DL said yes, meeting on
September 7, 2005 and promised to stay in same footprint.
DEP
wanted DL to go through Conservation Commission. TH my concern is that if fixed
without civil engineer involved it may be creating more problems. TH my main concern is it should be fixed once
and fixed right. KA know that the Army
Engineers have jurisdiction. TH
emergency certification only good for 30 days - are you going to be able to do
this? DL yes, want to put things back
the way it used to be. Repair, replace
and improve. TH you said under 6 inches
- material will let more water through. DL said we may use 3 inches - and some
clay - need to have meeting about this.
TH consult civil engineer on exactly how to do this. TH would like to see plans stamped.
Motion
by TH to issue Emergency Certification - conditions - As-Built Plan Stamped by
Civil Engineer and area inspection quarterly.
Seconded
by PF. Vote unanimous.
LP
what do you want as far as plans?
DL
said we can produce As-Built Plans.
RW
stated that he has visited site last night - the side facing
DL
said we can ass silt fence and hay bales - 50 or 100 feet. Silt fence from
D.
1. NOI, North Point,
Request
from applicant to continue.
Motion
by TH to continue to 11/16/2005.
Seconded by KA. Vote unanimous.
2.
Public
Hearing: ANRAD, Densen Construction,
Represented
by Michael Seekamp
MS said
he met with MR and both agree to change some flags - omissions of two
areas. MS - request to close hearing
until we have corrected plans.
TH said
we need to see MR review.
TH
continue to 11/16/2006 to review.
Seconded
by KA. Vote Unanimous.
3.
Public
Hearing: NOI, Robert Jacobs,
Represented
by Jim Babbin. Waiting for response from
MR. Still working with DEP. PF had brought up State Reservation and maybe
this connection be done. BOH said they
are septic and this cannot be permitted.
PF not sewer line?
Motion
by TH to continue to 11/16/2005.
Seconded by KA. Vote unanimous.
4.
Public
Hearing: NOI, Michael O’Neill,
Request
to continue by applicant.
Motion
by TH to continue to 11/16/2005.
Seconded by KA. Vote unanimous.
5.
Public
Hearing: NOI Kristina Ostman,
Represented
by Jim Babbin. Two meetings ago proposed
garage and addition. At meeting it was
requested we remove concrete - no concrete in garage. New plan has stone in garage. Third story
revised. TH excavate? JB, yes - native material left on site and
spread around. TH first floor
elevation? JB - 8 feet. TH has the Building Inspector made his
decision on the 50/50 rule? .
Motion
by TH to approve
Abutter: Vincent Mauti stated that he has requested
fence be moved - it is on his property.
Third floor - single family, two story building - but she is having a
3rd floor. Look at deck. Deck will be 4 feet away from his
property. Roof line not showing projection. VM - drawing should be plan. VM drawing is ambiguous.
KA said
from what we can see there is a 10 foot set back. VM do not care what she builds as long as it
is on her property. TH said fence on
plans is an existing fence. TH Con.Comm.
Doesn’t really deal with set backs - may have other issues with the Building
Inspector and Zoning. RW said any
reference to Wetland Protection Act is what we can help you with. TH- suggest you bring concerns to the
Building Inspector. TH this will elevated
drainage. VM my concern is I want my
property back - would like to have Con. Comm. hold off on decision.
6.
Public
Hearing: NOI, Arthur Broadhurst,
Represented
by: Jim Babbin - to bring commission up to date - have submitted letter to Army
Corp. and Natural Heritage. Salt marsh Delineated.
Motion by
KA to continue to 11/16/2005 at 7:15 P.M.
Seconded by TH. Vote Unanimous.
7.
Public
Hearing: NOI, Harold Nabhan, 25 Broadway
Represented
by Daniel Padien/Project Manager/Senior Environmental Scientist.
1. DEP #
2. Stamped Plan
3. Type of lumber being used - is Pressure
treated lumber
In 2003
EPA ruled that existing stock may be used but no more produced. TH - disease resistance material have you
looked into. Rep. said he had not.
Motion
by KA to approve as presented. Seconded
by TH - and provide us with list of what materials will be used - provide this
before building begins. TH said - good project. TH provide us with a list of what material is
being used before- what and why materials were selected. RW what about the Army Corps. TH said the applicant said this is the
Coastal Zone. TH asked when are you
doing work. Harold Nabhan said
ASAP. Vote unanimous.
8.
Public
Hearing: NOI, Gary Montiminy,
Eric
Botterman of M.E representing applicant.
Wetland delineation past in and letter from Joe Serwatka.
Motion by
TH to continue to 11/16/2005. Seconded
by KA. Vote unanimous.
9.
Public
Hearing: NOI, Peter Carbone, 2 Broadway
Represented
by Kurt Young, Wetlands Specialist
KY said
the property had two uses, the Batting Cage and Go-Cart Track and is entirely
impervious. Water drains to street drainage. Proposing a project of approximately 200x80
building. Common space in front. 36 parking spaces under. Property n Barrier Beach Flood elevation
9. Summary Common section - handi-
capped section - back of property elevator, parking spaces, mechanical room-
one way flow of Travis. Elevated sand so
2 feet. Piles to support structure. Existing parcel 100 % impervious to 77% after
project.
Jim
Babbin - drainage water.
All
drainage will remain on site. 2 part
design. Everything will be infiltrated
on site. Down spouts - man hole drainage
with series of leaching chambers. 1 st
floor elevation 4 feet above ground level.
Adding storm scepter chambers.
Garage graded to run off into storm scepter. Open area will get all run off design3ed to
be filtered clean and into ground. This
will remove some run off going into Town Creek and put it into the ground.
Kurt
Young - Concept of design is to contain run off on site. TH details?
On plants? TH would like to see planting schedule. TH replace old- KY said we will take old pavement out and
then put new back. TH height of proposed
building? KY - 65 feet to mid roof. TH cannot allow any new paving. KY - we understand the issue of paving. KY our intent is to provide with design that
will work. Balance - we are trying to
make. TH reviewed by Engineer?
Motion by
TH to continue to 11/16/2005 @7:15 P.M. Use same Engineer that PB used. Use Joe Serwatka for review. JB said he would try for next meeting.
Seconded
by KA. RW said let us know if not ready
for next meeting. Vote unanimous.
10.
Public
Hearing: RDA, Mary Hickey,
Ms.
DeFrancesco represented Mary Hickey.
KA stated
that he saw the property - pavement right up to corner of foundation. RW do you have any plans? MD said that essentially the area is
pavement. KA the way the situation is -
you are going to pave right over it. TH
no curbs?
Motion by
KA to give negative determination.
Seconded by TH - paving over existing pavement. Need to take a separate vote on paving - not
Wetlands O.K TH should not approve. KA based onsite visit it falls under the 5%
curb cut.
Vote
unanimous.
11.
Public
Hearing: NOI, Bruce Weiker,
Bruce and
Donna Weiker represented by Michael Seekamp
Mobile
home now - want to do house. MS existing
lot - silt fence.
Motion by
KA to approve plan. Seconded by TH. PF asked about wetland boundary?
Abutter: J. Savalionis stated he had no problem as
long as he is not building on my property.
Vote unanimous.
Building
permit -
TH
motion to take out or order. Seconded by
RW. Unanimous.
TH
motion to allow Chairman to sign provided paper work (Order of Conditions) is
recorded.
Seconded
by KA. Vote unanimous.
E. Old Business:
1.
Michael’s
Way, Certificate of Compliance
Eirc
Botterman of Millennium Engineering representing applicant.
DH
stepped down from Conservation Commission member.
EB stated
that 2 or 3 meetings ago MR reviewed As-Built and has concerns:
Extra
fill behind some housed. Have submitted
a letter from Matt Brassard - letter says no concerns with extra fill. Meeting last wee - issues resolved. RW concerns and abutter at meeting. Millennium complete flags to show if sheds
are in wetlands. Matt review drainage ,
driveway etc... One issue additional clearing
had been done on one of the lots and issues to replicate this. RW said punch list of what need to be
done.
Bradley
Couture said that MR is fine with driveway and roadway was fine. 2 sheds will see if the 2 sheds are in
wetlands. Flood storage - validated by
Matt Brassard - flood storm not an issue.
Lot 2
& 3 shrubs on fence delineation. KA
sheds looked to be O.K. - one concern - clearing. KA project looks good and feel is worthy of
Certificate of Compliance. LP outstanding
issues - planting of shrubs and sheds.
MR asked
TH shrubs
need to be done/planted- issue of sheds - and clearing. KA where are shrubs? KA thought area all grown in - why did out
now? TH something in the O of C they
shod do. TH shrubs in by next
meeting? BC - yes. BC - shrubs or fence? TH would rather see shrubs. TH - need to post $5000. Bond for shrubs.
Motion
made by TH to sign Certificate of Compliance provided BC post $5000.00 Bond for
shrubs to be planted as original plan - Order of Conditions.
Seconded
by KA.
TH
said - have Seekamp do flags. When?
BC -
by next meeting. Vote unanimous.
2,
Certificate
of Compliance, Short,
Brian
Knowles representing applicant. Change
in access for state highway.
Motion
by KA to grant Certificate of Compliance for
3.
Certificate
of Compliance, Pearson,
Continuance
requested by applicant.
Motion
by KA to continue Pearson,
Seconded
by TH. Vote unanimous.
4.
Sand
Fill – Robert Palmisano, Casino Motel,
Robert
Palmisano - Parking - Pavement heaved and in disrepair. Hot top Company removed - need to install 8
feet of pavement. TH before paved - draw
line where is to be paved. Make it clear
where it is to be paved. TH agent
research-adequate amount of pavement for curb cut.
Motion
to approve by KA - 8 (eight) feet paved
apron at
RP
asked Commission have you decided to use any type of pavers?
5,
6.
F. New Business:
1.
Scott
Mitchell RE Agent
Would
like permission to cut trees. Brush and
trees. PF is this anything to do with
what is going on next door? Rep sad
no. And there no wetlands. TH clearing lot for future development? TH is it a shame to cut the big maples. TH cutting an awful lot of trees without any
plan for property. Rep would like to
make the property look nice. TH can't
see clearing with out any reason. KA I
have a different take- they own the land.
Rep will bring stamped plan by Mark West. TH clearing without thought. Scott Mitchell - clearing property for future
development for making it saleable. Need
to so some grading. TH need to see
plan.
Motion to
continue by TH to 11/16/2005, would like to see plan saying wetland delineation
or no wetland. Stamped with note saying
there are no wetlands on the property.
LP neighbor clearing property. TH
maybe send the neighbor a note. RW let
record reflect he is doing things appropriately. Vote unanimous.
2.
Represented
by Eric Botterman
Two
houses and 2 owners, would like to tear down and put up new. Street to house five foot rise in
elevation. Remove retaining wall. Gravel pave - what is acceptable. TH elevated parking? EB - no way to do any kind of regrading. EB what amount or regrading would be
allowed? EB is we take wall out the sand
will come forward. EB - would like to
take wall out. EB id we take wall out -
sand will migrate down to the road. LP
removing asphalt? EB project will
involve going to Planning Board and Zoning Board for approval.
3.
Certificate
of Compliance, C. Viti,
Motion
by TH to continue to 11/16/2005, have Chairman look at. Will sign on approval of Chairman's O.K.
Seconded
By DH. Vote unanimous.
5,
Legal
Bills - requested by LP
Motion
by KA to pay legal bills. Seconded by TH requesting a copy of bills for
members to view. Vote unanimous.
6.
Tree
cutting enforcement order, Wayne &
Joanne O'Blenes,
7. Drainage discharge from neighbor, Fred &
Paula Bassett – Present at meeting
KA concerned
about tree cutting, clearing and fill. KA - rephrase - cut trees n side of
house and back of house. KA went to neighbors,
Fred and Paula Bassett,
Fred
Bassett said drains - O'Blenes have put in drain within the last 2 months. Pipe routing drainage on to my property. KA - O'Blenes trees are up rooting.
Drain -
one existing . Mr. Bassett presented
pictures of his surveyors tape and other.
Any water plugged up was trenched to intermittent stream. PCV pipe is up rooted. Water flowing aggressively in to my
yard. LP said water flowing onto Mr.
Bassett’s property. TH have someone go
out there and look at wetlands - to see if presence of wetlands. RW said if no wetland vegetation - then there
is just cutting trees. O'Blenes cut 8
and Bassett's cut 100. Have M/r go out and see if wetlands are there. RW and we are paying for MR to go out
there. WE have done things with no malice
- and a year later someone else is doing and saying we caused it.
Motion by
TH to have Conservation Commission pay for Wetlands person go out there and see
is there are wetlands. KA all your
stumps out? Mr. Bassett said all stumps
are out. TH If we send M/r out and she says yes there
are wetlands - we stop work. RW we are
willing to pay for MR. KA needs help -
because of neighborhood clash. KA - also
needs to look at O'Blenes property.
Letter to O'Blenes and & Holsher.
Seconded by DH. Vote unanimous.
RW
thanked Mr. Bassett for being so even keeled and cooperating.
TH –
Paving?
RW – many
people may have seen agenda and think it was under Executive Session.
Paving-
New
pavement when applicant comes with mitigation plan – like reducing paving. People could make a deal to have less
pavement. 2-1 Mitigation – MR –said no
more restrictive then DEP. TH would like
to see it in there and then send to DEP.
LP said putting pavement where it doesn’t exist. TH 100% new – need to tear out 125%. KA would like to go a step further and put
pressure on DEP regarding allowing pavers for side walk and handicapped
persons. TH thing is…..LP pavers limit
the flow of coastal dunes. KA – trying
to develop beach commercial. KA – we
need to allow hot top for commercial areas.
TH things like pavers- when and where they can be used. MR – you need to be specific on percentage of
mitigation. TH different circumstances –
repair paving – new paving over paving.
LP better to have it more specific or more broad. RW repave but reduce by 25%. TH include curb cut. Include use of pavers. KA like to see something to allow handicapped
accessibility to homes. KA people coming
in all the time. MR step away form
regulation and have more incentives. TH
new paving when mitigating. MR list of
approved. TH whether pavers or non
pervious – DEP does not care.
Abutters
-
Making
adjustment to existing regulation to Town Bylaw or asking DEP to adjust. Maybe DEP can take it on a case by case
basis. If we hadn’t adopted our Bylaws
then some could get approved and some not approved.
LP if
someone went out to pave their driveway – TH include provision that allows new
pavement. DEP asked to not appeal if
applicant agrees to mitigate. Abutter –
asking DEP to give blanket approval they may reject but not if case by
case. TH DEP does this all the
time. MTRA goes to them and asks if you
don’t enforce street rules we will do this…
MR said snag – DEP doesn’t have anything written down. TH – curb cut – adequate for site and then
Public Hearing. RW see what DL says
about curb cut. MR when do you want
this? TH simple rev and schedule Public
Hearing.
TH
mitigation 1 to 125. Pervious and
impervious. TH adopt regulation but put
disclaimer saying DEP may not allow. RE
move to adjourn regular meeting and go into Executive Session.
Seconded
by TH. Vote unanimous. Meeting adjourned at 11:00 P.M.
Motion to
go into Executive Session by KA.
Seconded by TH. Vote unanimous.
Executive Session adjourned at 11:30 P.M.