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HomeMy Public PortalAbout20090629 - Conservation Commission - Meeting Minutes Conservation Commission Meeting 29 June 2009 Page 1 of 4 MINUTES- 29 June 2009 Called to Order: 7:30 PM Hopkinton Town Hall, Room 211 Adjourned: 9:50 PM Members Present: Robert Murphy, Jeffrey Barnes, Michael Carmody, Andre Griben, Craig Nation, Marcus Waldron, Ellen Chagnon: Conservation Scientist, Don MacAdam: Conservation Administrator Members Absent: David Teitelman 7:30 PM Commission Business • The Commission signed the following documents: - Carbonneau, 68 Frankland Rd. – Certificate of Compliance (HCC-0024) - Burns, 7 Daniel Shays Rd. – Certificate of Compliance (188-933) - Burns, 7 Daniel Shays Rd. – ERO Certificate of Compliance (188-933). • Mr. Barnes made a motion to approve the Request for Payment dated 29 June 2009. The motion was seconded by Mr. Carmody and it passed unanimously. • Mr. Waldron made a motion to approve the Minutes of 01 June 2009. The motion was seconded by Mr. Carmody and it passed unanimously. 7:45 PM Weston Development Group, 0 Sanctuary Lane DEP File No. 188-1434 Notice of Intent Nathaniel Mahonen, Hannigan Engineering, Inc. Mr. MacAdam stated that the required consultant fee has not been submitted to date. Mr. Mahonen stated that the applicant will submit the outstanding consultant fee. Mr. Mahonen explained that this filing is for the completion of the original project that was started under the Superseding Order of Conditions for DEP File No. 188-1158, which has expired. He stated that a Certificate of Compliance for the work completed to date has been issued by DEP. Mr. Mahonen provided an overview of the remaining work that is within the Commission’s jurisdiction and stated that there is no proposed increase in the limit of clearing. The Commission requested that old erosion control barriers and catch basin filters be replaced on the site as soon as possible. The Commission determined that sign medallions may be installed as a permanent immovable barrier throughout the site. Conservation Commission Meeting 29 June 2009 Page 2 of 4 A discussion was held regarding the existing stormwater management system. Mr. Barnes made a motion to close the hearing and issue an Order of Conditions with the standard and noted special conditions, subject to the submittal of the outstanding consultant fees. The motion was seconded by Mr. Nation and it passed unanimously. 8:00 PM Charland, 7 Palomino Drive HCC File No. RDA 2009-5 Request for Determination of Applicability Randy Charland, applicant/owner Mr. Charland presented a sketch plan for the removal and replacement of a 12 by 33-foot deck. Ms. Chagnon stated that the wetlands identified on the sketch plan do not constitute a current wetland delineation and that any Determination issued should note that the wetland delineation has not been approved by the Commission. Mr. Griben made a motion to close the hearing and issue a negative Determination of Applicability with the standard and noted special conditions. The motion was seconded by Mr. Carmody and it passed unanimously 8:10 PM P.M. Realty Trust, Bridle Path Informal Discussion Chuck Scott, CFS Engineering, Inc.; Glen Krevosky, EBT Consulting, Inc. Mr. Scott presented a draft subdivision plan for the Commission’s informal review. Mr. Murphy stated that it is the Commission’s expectation that development will occur outside the 100-foot buffer zone for a parcel of this size. A discussion was held regarding the proposed improvements to the existing detention basin that was constructed in the 1980s as part of the Equestrian Estates subdivision. A discussion was held regarding the proposed driveway access through a vernal pool buffer zone on the Approval Not Required lot. Ms. Chagnon stated that improvements to the existing detention basin, which outlets into the vernal pool, might be considered as mitigation for the limited buffer zone disturbance within the vernal pool buffer zone. Ms. Mary Pratt, 102 Fruit Street, stated that a Homeowners Association should be created for the maintenance of the proposed stormwater maintenance structures. 8:35 PM Trudeau, 16 Falcon Ridge Drive DEP File Nos. 188-1064; 188-1311 Informal Discussion Paul McManus, EcoTec, Inc.; Christianna Trudeau, owner Mr. McManus stated that the Trudeaus have submitted the balance due for the consultant fee. He reviewed the status of the current Bylaw appeal. Conservation Commission Meeting 29 June 2009 Page 3 of 4 A discussion was held regarding the potential amount of fines, based on the documentation of the illegal fill work under the Bylaw. The Commission determined that site restoration work at this time may cause more damage to the resource areas than leaving the fill in place and that a fine is appropriate in this case. A discussion was held regarding the appropriate fine amount. Mr. Carmody made a motion to follow the Commission’s policy of considering a fine of ten percent of the calculated total fine and to levy a maximum fine of $20,860.00. The motion was seconded by Mr. Barnes and it passed unanimously. The Commission discussed holding a portion of the fine in abeyance. The Commission determined that the Enforcement and Restoration Order (ERO) has not been recorded at the Registry of Deeds (ROD) and the current extent of lawn/fill has not been documented. The Commission determined that the following sequence must take place: 1) The existing boulders at the toe of the filled slope must be documented on a site plan. The location of the boulders will be considered to be the permanent, immovable barrier. 2) The plan will be referenced in an Amended ERO, which must be recorded at the ROD. 3) Subsequently, a Certificate of Compliance (COC) will be issued, which must be recorded at the ROD. Mr. Barnes made a motion to hold $15,860.00 of the levied fine in abeyance subject to the submittal of a $5,000.00 fine payment within 30 days, and the recording of an Amended ERO and COC at the ROD by the violators within 30 days of the issuance of each document by the Commission. The motion was seconded by Mr. Carmody and it passed unanimously. The Commission determined that it would consider waiving the $15,860.00 amount held in abeyance upon the fulfillment of the above conditions. 9:15 PM Commission Business • Mr. Barnes made a motion to approve, as an insignificant project change, the proposed native plantings as identified in the letter from Restifo, 11 Fruit St. (RDA 2007-12) and the accompanying sketch plan submitted on 08 June 2009. The motion was seconded by Mr. Carmody and it passed unanimously. • A discussion was held regarding the project change request submitted on 10 June 2009 by Terry, 17 Maple St. (188-1396) to eliminate the proposed culvert under the driveway as originally approved and instead to grade the front yard and driveway so that all stormwater runoff flows toward the wetlands. Mr. Carmody made a motion to approve the proposal as an insignificant project change, with the understanding that if drainage problems become evident, the culvert installation will be required. The motion was seconded by Mr. Barnes and it passed unanimously. • Ms. Chagnon provided an overview of the discussion she held with E.L. Harvey, Padik Cir. (188-1430) regarding proposed changes for the wetland restoration. The stream bank will be stabilized with coir logs and shrub plantings. Ms. Chagnon is awaiting a project change request from E.L. Harvey. • Mr. Barnes made a motion to submit copies of Ms. Chagnon’s subsequent review of Peloquin Estates, 30 Front St. NOI to the Planning Board in response to their request for comments for the Peloquin Estates OSLPD Application for Approval of Definitive Plan. The motion was seconded by Mr. Carmody and it passed unanimously. Conservation Commission Meeting 29 June 2009 Page 4 of 4 • Mr. Barnes made a motion to have Ms. Chagnon review the Baypath Plaza Major Project Site Plan Review for Baypath Plaza, LLC, 14 Main Street and provide comments relative to erosion control and stormwater management to the Planning Board in response to their request. The motion was seconded by Mr. Waldron and it passed unanimously. • A discussion was held regarding the Certificate of Compliance application from Mass Highway, W. Elm and W. Main Streets (188-998). The Commission determined to contact the DPW and schedule an informal discussion. • A discussion was held regarding the violation by West, 7-9 School Street, and the non- submittal of an after-the-fact Request for Determination of Applicability, as originally required by the Commission. The Commission determined to issue an Enforcement and Restoration Order to Mr. West. • A discussion was held regarding the request for invasive vegetation management and trail maintenance from the Golden Pond Resident Care Facility, 50 West Main Street. The Commission determined that the proposal will require the filing of a Request for Determination of Applicability. • Mr. Carmody made a motion to nominate Mr. Nation for reappointment to the Zoning Advisory Committee. The motion was seconded by Mr. Barnes and it was passed by everyone except Mr. Nation who abstained. • A discussion was held regarding the proposed reappointment of Mr. Murphy to the Community Preservation Committee (CPC). Mr. Griben questioned Mr. Murphy’s record of attendance at CPC meetings during the past year. Mr. Nation made a motion to reappoint Mr. Murphy to the CPC. The motion was seconded by Mr. Carmody and was passed by everyone except Mr. Griben who opposed and Mr. Murphy who abstained. • Mr. Nation made a motion to have Mr. Griben fulfill Mr. Carmody’s remaining term on the Open Space Preservation Commission. The motion was seconded by Mr. Carmody and it was passed by everyone except Mr. Griben who abstained. • A discussion was held regarding revising the Bylaw Regulations to coincide with the Bylaw changes approved at the 2009 Town Meeting. The Commission determined to work on draft changes to the Bylaw Regulations and to schedule a public hearing after the Attorney General has approved the Bylaw changes. • A discussion was held about possibly reorganizing the Commission in July. • The Commission determined to send letters to the property owners on Angelo Drive and Colella Farm Road regarding the dumping of yard waste within the Commission’s jurisdiction at 0 Angelo Drive. • Mr. Carmody made a motion to have Mr. Murphy sign on behalf of the Commission a one- year contract with EMC Environmental Services, Inc. for consulting services. The motion was seconded by Mr. Waldron and it passed unanimously. Minutes Approved: 10 August 2009