Loading...
HomeMy Public PortalAbout20090406 - Conservation Commission - Meeting Minutes Conservation Commission Meeting 06 April 2009 Page 1 of 4 MINUTES – 06 April 2009 Called to Order: 7:30 PM Hopkinton Town Hall, Room 216 Adjourned: 9:00 PM Members Present: Mike Carmody, Andre Griben, Robert Murphy, Craig Nation, David Teitelman, Marcus Waldron, Ellen Chagnon: Conservation Scientist, Don MacAdam: Conservation Administrator Member Absent: Jeffrey Barnes 7:30 PM Town of Hopkinton, 0 Cedar Street, 0 Wilson Street DEP File No 188-1419 Violation Hearing J.T. Gaucher, DPW Director; Mr. MacAdam stated that sand and salt-treated snow has been stockpiled beyond the approved limit of disposal and has fallen down into the bordering vegetated wetlands which is a violation of the Order of Conditions. Mr. Gaucher stated that the signs required by the Order of Conditions have been purchased and will be installed immediately after the Marathon is over. Mr. Gaucher stated that the required erosion controls will be installed at the toe of slope as soon as the stockpiled snow has completely melted. Mr. Gaucher stated that the site remediation work has not been budgeted for this fiscal year and requested the completion deadline of October 2009 be extended to October 2010. Mr. Nation asked why the required site work has not been budgeted. Mr. Nation stated that local contractors are held responsible for their actions before the Commission and the Town should be held to the same standards. Mr. Gaucher provided an overview of the other projects the DPW Advisory Committee has determined to pursue instead, based on the limited resources of the town. Mr. Murphy stated that the Notice of Intent for the snow dump was not an optional filing but a mandatory filing required by DEP for a documented violation. Mr. Murphy stated that a request for adequate funds to complete the required mitigation work must be submitted for review. Mr. Gaucher stated that he will submit a request under the Special Town Meeting. As an aside, a discussion was held regarding the status of the Request for Certificate of Compliance application filed by MassHighway for the South Street intersection (188-998). Mr. MacAdam stated that MassHighway has notified the Commission that they have inspected the site and reported that the work is sufficiently in compliance with the building plans. Mr. MacAdam stated that MassHighway has not submitted as-built plans as required or responded to requests for a written certification from a Professional Engineer that the work is in compliance with the plans approved under the Order of Conditions. Mr. Gaucher stated that the detention basin does not operate correctly. Mr. Gaucher provided a detailed overview of his assessment of inherent deficiencies that do not allow for adequate detention of stormwater or TSS removal and that untreated and un-detained stormwater directly enters Lake Maspenock. Mr. Gaucher recommended that the Commission require an as-built plan of the detention basin before issuing a Certificate of Compliance for the filing. The Commission determined to issue an Enforcement Order to MassHighway for non-compliance with the Order of Conditions and to copy DEP. Conservation Commission Meeting 06 April 2009 Page 2 of 4 7:45 PM Nealon, 30 North Mill Street DEP File No. 188-____ Notice of Intent Christian and Lynette Nealon, applicants/owners; Tim Nealon, Nealon & Nealon; David Marquedant, J.D. Marquedant & Associates, Inc.; Judith Schmitz, Wetland Scientist Mr. Tim Nealon provided an overview of the property and reviewed informal meetings the Commission held with Christian and Lynette Nealon before they purchased the property. Mr. Tim Nealon provided an overview of the current status of the subdivision plan before the Planning Board. He stated that the property is 10 acres in area and that the house site will occupy 3.8 acres of the land, with the remainder to be given to Sudbury Valley Trustees. Mr. Nealon stated that he is confident that the current subdivision plan will be approved as submitted by the Planning Board. A discussion was held regarding the location of the proposed house and barn and the proposed driveway crossing. The Commission reviewed pictures of the site provided by Mr. Christian Nealon that were taken two days ago. Ms. Chagnon stated that she has reviewed the wetland delineation and is waiting on further information regarding two areas that may be potential vernal pools. Ms. Schmitz provided an overview of a perennial pond on site that contains fish and bullfrogs and therefore does not function as a vernal pool. Ms. Schmitz stated that she inspected the two potential vernal pool areas earlier today and provided an overview of her observations, which included the observation of wood frog eggs in the ponded area adjacent to the cart path. She stated that the flagged vernal pool contained a large number of wood frog eggs and can be certified. Ms. Schmitz stated that she inspected the other two areas in question and found no vernal pool species and water depths of less than six inches. She stated that she is confident that these areas are not vernal pools. Ms. Schmitz stated that she will continue to monitor the two areas over the next couple of weeks. Mr. Marquedant stated that a written narrative discussing how the proposed box culvert stream crossing meets the stream crossing standards will be provided. A discussion was held regarding the proposed temporary wetland disturbance. Ms. Schmitz stated that the size of the proposed wetland replication area takes into account the maximum amount of temporary wetland disturbance. Ms. Schmitz reviewed the extent of buffer zone disturbance on site, stating that they scaled back on the disturbance before the filing was made. Ms. Schmitz stated that the roof runoff will be recharged via a Cultec infiltration unit. Ms. Schmitz stated that the existing sandy fill area adjacent to the proposed barn is a unique habitat feature that may prove to be an effective turtle breeding area. Mr. Murphy noted that a PIB will be required along the sides and rear of the proposed barn. Ms. Chagnon recommended that the hearing remain open until DEP has concluded its Water Quality Certification review. The meeting was continued to 27 April 2009 at approximately 8:30 PM. Conservation Commission Meeting 06 April 2009 Page 3 of 4 8:15 PM LePage, 112 East Main Street DEP File No. 188-____ (8:00 PM) Notice of Intent Valerie LePage, applicant/owner Ms. LePage presented a sketch plan for an after-the-fact approval of the construction of a run-in shed for horses, maintenance of existing horse trails that cross the wetland resource area and buffer zone, utilization of planks on cinder blocks as a temporary stream crossing for horse riding as needed, and the installation of a stump fence within the outer 50-foot buffer zone to expand the existing paddock area. Mr. MacAdam stated that the permanent immovable barrier (PIB) required under the previous Enforcement and Restoration Order should be identified under any Order of Conditions issued for the site. Mr. Murphy reviewed with Ms. LePage that the disturbed area in the zero to 50-foot portion of the wetland buffer zone must be allowed to revegetate naturally and that any future proposal within this area must be filed with the Commission. Mr. Waldron made a motion to close the hearing and issue an Order of Conditions with the standard and noted special conditions, subject to the issuance of a file number by DEP. The motion was seconded by Mr. Carmody and it passed unanimously. 8:25 PM Egan, 16 Old Farm Road RDA 2009-02 (8:15 PM) Request for Determination of Applicability Paul McManus, EcoTec, Inc.; Daniel McIntyre, McIntyre Engineering and Septic Services, Inc. Mr. McManus presented a sketch plan identifying the location of a stone-lined drainage swale located between a stormwater outfall and bordering vegetated wetland. Mr. McManus stated that the swale is located within the drainage easement on the property and has been previously identified as a resource area by others. Mr. McManus stated that Mr. McIntyre surveyed the area tributary to the drainage outfall and determined that it receives street drainage only and that there are no wetlands upgradient of the outfall. Ms. Chagnon stated that she inspected the swale in the company of Mr. McManus and Mr. McIntyre and that, in her opinion, the swale is non-jurisdictional under the Act and the Bylaw. A discussion was held regarding the jurisdictional status of the drainage swale. The Commission determined that the drainage swale is not a resource area under the Act or the Bylaw. Mr. Carmody made a motion to close the hearing and issue a negative Determination of Applicability. The motion was seconded by Mr. Waldron and it passed unanimously. The Commission signed the Determination of Applicability. 8:35 PM Commission Business • Mr. Carmody made a motion to issue a three-year Extension Permit for Order of Resource Area Delineation for NSTAR, 0 South Mill Street (188-1340). The motion was seconded by Mr. Teitelman and it was passed by everybody except Mr. Nation who abstained. • The Commission signed the following documents: - Pellegrini, 11 Clinton St. – Order of Conditions Extension Permit (188-1278) - NSTAR, 0 South Mill St. – Extension Permit for Order of Resource Area Delineation (188-1340) - Taneja, 12 Wedgewood Dr. – negative Determination of Applicability (RDA 2009-01) - E.L. Harvey, 2, 4, 8 Padik Cir., Rear Wood St. – Order of Conditions (188-1430) Conservation Commission Meeting 06 April 2009 Page 4 of 4 • Mr. Teitelman made a motion to approve the Request for Payment dated 06 April 2009. The motion was seconded by Mr. Carmody and it passed unanimously. • Mr. Carmody made a motion to allow Ms. Chagnon to review the wetland delineation for Sanctuary Lane prior to the submittal of the Notice of Intent, subject to the submittal of sufficient consultant fees by Weston Development Group. The motion was seconded by Mr. Waldron and it passed unanimously. • Mr. Murphy made a motion to have Ms. Chagnon review the “Bridle Path” Open Space Concept Plan/Special Permit Application for P.M. Realty Trust, Ridge Road and provide comments to the Planning Board in response to their request. The motion was seconded by Mr. Carmody and it passed unanimously. • A discussion was held regarding the Board of Selectmen’s request for recommendations for the reappointment of Mr. Murphy and Mr. Nation to the Commission. The Commission determined to recommend both Mr. Murphy and Mr. Nation for reappointment if they decide that they wish to continue to serve on the Commission. • A discussion was held regarding the lack of follow-through by the High School relative to compliance with the Order of Conditions for seasonal closure of the loop road, as was discussed with Superintendent Phalen during a past meeting, and for the as-built plans required for the Certificate of Compliance. The Commission determined to send a letter to Superintendent Phalen and schedule a hearing on 01 June 2009 to discuss the matter. Minutes Approved: 27 April 2009