Conservation Commission, November 7, 2018
HOLDEN CONSERVATION COMMISSION
1130 MAIN STREET, HOLDEN SENIOR CENTER
MINUTES
November 7, 2018
Members Present: Anthony Costello, Kenneth Strom, David Nyman, Cathy Doherty, Luke Boucher, Mike Scott
Members Not Present: Robert Lowell
Others Present: Glenda Williamson, Conservation Agent; Neil Gorman, David E. Ross Assoc.; Courtney Carr & Michael Carr for Lot 3 Chapin; Wendy Fillow, David Fillow, Scott Morrison, Eco-Tec; Judy Schmitz, DEP.
K. Strom called the meeting to order at 7:00 PM
NOTICE OF INTENT - Lot 5, 663 Bullard Street. HCC-0119 Local Bylaw. Assessors Map 134, Parcel 45. Sean Xenos/John Finlay. Single-family home, driveway a septic system within in the 100-foot buffer of an isolated wetland.
G. Williamson read the public notice legal ad into record. Scott Morrison with Eco-Tec stated that he was present to discuss the development plans for Sean Xenos and John Finlay for the lots off Bullard Street. S. Morrison explained that the lots are located across from and east of the Harris Street intersection.
S. Morrison indicated the location of the isolated wetland on the lot subject to the Town's local bylaw. S. Morrison stated the project consists of the construction of a single-family home, septic system and access driveway. He indicated that a portion of the home and driveway are located within the 100-foot buffer. The driveway comes close to the 25-foot no-disturb zone and that they will install staked siltation fencing and hay bales along the 25 foot no-disturb zone.
K. Strom asked the Commission for any questions or comments. D. Nyman asked if the expansion area would meet Title 5 septic regulations if it was required. S. Morrison stated yes, because it is an isolated wetland and it is not bordering a tributary of a surface water supply. G. Williamson stated that she looked at the wetland area and asked if it was a pond that may have been filled in. S. Morrison stated that it is a disturbed rutted area with very thick vegetation throughout. K. Strom asked if there was any hydrologic connection to other wetland areas. S. Morrison stated that the wetland was ponded with 4 to 6 inches of water and that the water infiltrates before reaching Bullard Street.
K. Strom asked if they would use a permanent demarcation along the 25-foot no-disturb zone. S. Morrison stated yes, they would place boulders along the 25-foot no-disturb zone adjacent to the isolated wetland.
The Commission added the condition that a permanent demarcation (i.e. boulders) be installed along the limit of work near the wetland area.
Motion by M. Scott, seconded by L. Boucher, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR NOTICE OF INTENT, LOT 5, 663 BULLARD STREET, CONSTRUCTION OF A SINGLE-FAMILY HOME, DRIVEWAY AND SEPTIC UNDER THE TOWN OF HOLDEN WETLAND BYLAW.
NOTICE OF INTENT - Lot 6, 655 Bullard Street. HCC-0120 Local Bylaw. Assessors Map 134, Parcel 46. Sean Xenos/John Finlay. Single-family home, driveway a septic system within in the 100-foot buffer of an isolated wetland.
S. Morrison indicated the location of the isolated wetland on the lot stating that it is subject to the Town's local bylaw. S. Morrison stated the project consists of the construction of a single-family home, septic system and access driveway. The driveway and a portion of the house are located within the 100-foot buffer zone.
S. Morrison stated that they would stay well out of the 25-foot no-disturb zone, and would install siltation fencing and straw bales along the no-disturb zone.
A. Costello asked it the wetland could qualify as a vernal pool. S. Morrison, stated no, that the area had very shallow ponding, a lot of algae and thick vegetation throughout. No other questions or comments from the Commission.
The Commission added the condition that a permanent demarcation be installed between the development portion and the 25-foot no-disturb zone of the isolated wetland.
G. Williamson stated that a construction general permit (CGP) is required for development of the 8 lots since there is over an acre of disturbance. S. Morrison stated that they have already submitted the eNOI to EPA and the stormwater pollution prevention plan (SWPPP) to the Commission.
Motion by M. Scott, seconded by C. Doherty, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR NOTICE OF INTENT, LOT 6, 655 BULLARD STREET, CONSTRUCTION OF A SINGLE-FAMILY HOME, DRIVEWAY AND SEPTIC UNDER THE TOWN OF HOLDEN WETLAND BYLAW.
NOTICE OF INTENT - Lot 3 Chapin Road. DEP File # 183-655. Assessors Map 208, Parcel 51. Michael and Courtney Carr. Single-family home and septic in the 100-foot buffer. Driveway crossing over an intermittent stream and replication area(s). Rep. Neil Gorman, David E. Ross Assoc.
G. Williamson read the public notice legal ad into record. Neil Gorman with David E. Ross Associates introduced himself as representing Michael and Courtney Carr for Lot 3 Chapin Road. He stated that the property is currently owned by Leonard and Linda Anderson. He passed out reduced colored plans indicating the proposed development.
N. Gorman stated that they owned approximately 14.5 acres and then broke the lot into three parcels. There is 300 feet of frontage on Chapin Road and extends back approx. 350 feet. The rear of the property is the Fox Hill Subdivision, constructed in the 1970's. He stated that there was some common land between the subdivision and the lot. He stated that Ash Circle is the closest to where they are located. He stated that they are proposing a 12-foot wide driveway with two foot shoulders, which weaves in between two wetland areas, one associated with an intermittent stream flowing from south to north.
N. Gorman stated that they are proposing to cross the wetland area at the narrowest point and to cross the stream with an open bottom box culvert sitting on footings that 12 inches thick.
N. Gorman stated that the septic area is located outside of the 100-foot buffer zone and that the front portion of the house is within the 100-foot zone. N. Gorman stated that they situated the home far enough away from the Fox Hill Subdivision to leave as much natural vegetation as possible. He stated that this also helps to shorten the driveway.
N. Gorman pointed out the proposed replication areas, stating that they would be disturbing approx. 2,400 square feet and replicating with 2,400 square feet for a ratio of one to one. N. Gorman stated that they stay completely outside the 25-foot no disturb zone, except for at the location of the stream crossing.
K. Strom asked if they considered doing a larger replication area. N. Gorman stated that they are crossing at the narrowest point very close to the property line and that the slopes are relatively steep in this area. He said that expanding the replication areas would cause more unneeded disturbance to the existing vegetation and that there were ledge outcroppings as well.
K. Strom asked for comments from the board. D. Nyman asked about the nature of the intermittent stream, asking if the photo was typical of the entire length of the stream. N. Gorman stated yes. D. Nyman asked if the main disturbance to the wetland was the placement of the footings, N. Gorman stated yes, that the footings would be located outside of the stream. D. Nyman suggested adding a note to the plan to limit disturbance of the stream channel. K. Strom asked if the area of disturbance indicated, included the area under the culvert. N. Gorman stated yes, the entire area was included in the 2,400 square foot calculation.
M. Scott asked if there was an effort to test the soils for septic suitability on the Chapin Road side of the lot. N. Gorman stated yes, they did several test pits in the area fronting Chapin Road. He stated that there was not enough space on the front of the lot for a septic leachfield, partly due to the presence of large, rock outcrops.
M. Scott asked how long ago the ANR lots were created. K. Strom replied February of 2015. M. Scott asked about the elevations of the streambed and surrounding area. M. Scott suggested revising the driveway crossing to show the correct direction of pitching. M. Scott asked about the location of the proposed water well. N. Gorman indicated the area on the plan.
K. Strom asked the Commission about their opinion on the replication ratio. N. Gorman explained that it seems counterproductive to disturb more area than necessary based on the sites topography, slopes and rock outcrops. L. Boucher asked about the language in the wetland bylaw. G. Williamson read from a copy of the wetland bylaw, saying that the Commission could use their discretion to allow a smaller area of replication, where credible evidence is presented, but not less than a ratio of one to one. The Commission reviewed the plan again, taking site constraints and amount of disturbance into consideration and came to the determination that a one to one disturbance to replication would be sufficient for the development of the lot. The entire replication will have to be successful, or the applicant will be responsible for determining a new replication area in the future.
M. Scott asked if they did any soil borings in the proposed replication areas. N. Gorman stated that they could not get access to those areas.
G. Williamson stated that a 401 Water Quality Certification is a requirement since the lot is located within Zone A of a surface water protection area. N. Gorman stated that they were aware of this requirement.
D. Nyman stated that the applicant should supply the Commission with photo documentation of the wetland crossing area, before, during, and after construction.
M. Scott asked G. Williamson if she looked at the wetland delineation, she stated yes, that it was accurate.
The Commission asked about the possibility of using a permanent demarcation such as boulders along the 25-foot no-disturb zone. After further review of the topography, the Commission decided that a permanent boulder demarcation would not be necessary.
The Commission is requiring the applicant to place permanent markers/tags on the trees to indicate the limit of disturbance. They also must use a double row of erosion controls in the vicinity of the stream crossing and must provide photo documentation of the crossing area before, during and after construction.
Motion by D. Nyman, seconded by C. Doherty, it was VOTED TO CLOSE THE PUBLIC HEARING FOR NOTICE OF INTENT, LOT 3 CHAPIN ROAD FOR THE CONSTRUCTION OF A SINGLE-FAMILY HOME, SEPTIC, DRIVEWAY CROSSING AND WETLAND REPLICATION AREAS. DEP FILE # 183-655.
LOT 1 - 140 PAXTON RD- DEP File # 183-537 Robert & Kim Keeney.
Driveway Crossing/Replication Area.
G. Williamson stated that as compensation for the driveway crossing fill at 140 Paxton Road, the applicant was required to construct a replication area near the crossing. She stated that Julian informed her that they did soil borings in the area initially proposed for the replication area and hit rock at 5 inches. They also did borings on both sides of the crossing, adjacent to the stream, and hit rock outcrops very near the surface. The applicant is seeking an alternative location to construct the replication area without having to remove large trees which would result in considerable disturbance. The Commission suggested that he determine the actual amount of fill that was placed in bordering vegetated wetlands and then based on this information, he may want to request a one to one ratio of fill to replication. G. Williamson stated that Julian Votruba could not attend the hearing and that he would be available to discuss this item further on Wednesday, December 5th.
REQUEST FOR CERTIFICATE OF COMPLIANCE - 183-631 Assessors Map 164, Parcel 10. Lot 17, 11 Patriot Way, Wachusett Woods/Greenstone Realty. Single-Family home and driveway within the 100-foot buffer. (Continued from October)
The Commission reviewed recent photographs of the lot. G. Williamson stated that there was at least 90 percent aerial cover of grass established. The Commission determined that the site was sufficiently stabilized.
Motion by M. Scott, seconded by L. Boucher, it was UNANIMOUSLY VOTED TO ISSUE THE CERTIFICATE OF COMPLIANCE REQUESTED BY GREENSTONE REALTY FOR 11 PATRIOT WAY/DEP FILE NUMBER 183-631.
CHAPTER 61B RELEASE: 3 Lots off Sawyer Lane. Notice of Intent to Sell or Withdraw from the Provisions of Mass. General Laws - Chapter 61B. Assessing Map 175, Parcels 59, 62, and 63 owned by the heirs of the estate of Mary Wisniewski. Atty. Lawrence Army, Army & Roche, LLC, Worcester, MA.
The Commission reviewed the Chapter 61B Notice of Intent to Sell or Withdraw for three lots off Sawyer Lane. They discussed the characteristics of the area. K. Strom stated it was mostly upland areas on the lots. G. Williamson stated that there were no trail connections, that lots 4 and 5 were surrounded by privately owned developed lots. K. Strom stated that the DCR may be interested in purchasing this property but that it would not benefit the town.
Motion by M. Scott, seconded by L. Boucher, it was UNANIMOUSLY VOTED TO MAKE A RECOMMENDATION TO THE SELECTBOARD TO WAIVE THE RIGHT OF FIRST REFUSAL UNDER CHAPTER 61B FOR THE PURCHASE OF LOTS 1, 4 AND 5 OFF SAWYER LANE.
ENFORCEMENT ORDER - 196 Chapel Street - Mike Truong
G. Williamson provided an update on the restoration work located at 196 Chapel Street. She stated that the work was partially complete. The siltation fencing and straw wattles have been installed, the fill has been pulled from the wetland area, but that the area has not been seeded or stabilized at this time. She stated that they are still waiting on notification from EcoTec that the area has been seeded and stabilized with mulch. This item will be reviewed again on December 5th.
APPROVAL OF MINUTES
Motion by L. Boucher, seconded by K. Strom, it was VOTED TO APPROVE THE AUGUST 1ST, 2018 CONSERVATION COMMISSION MEETING MINUTES AS CORRECTED BY A VOTE OF 6-0-1 (D. Nyman: abstain).
Motion by D. Nyman., seconded by L. Boucher, it was VOTED TO APPROVE THE SEPTEMBER 5TH, 2018 CONSERVATION COMMISSION MEETING MINUTES AS CORRECTED BY A VOTE OF 6-0-1 (L. Boucher: abstain)
Motion by A. Costello, seconded by D. Nyman, it was VOTED TO APPROVE THE OCTOBER 3rd, 2018 CONSERVATION COMMISSION MEETING MINUTES AS CORRECTED BY A VOTE OF 6-0-1 (M. Scott: abstain).
G. Williamson reported that the next public hearing for the Commission would be on Wednesday, December 5th, 2018.
Motion by C. DOHERTY, seconded by L. BOUCHER, it was UNANIMOUSLY VOTED TO ADJOURN THE NOVEMBER 7TH, 2018 CONSERVATION COMMISSION MEETING AT 9:30 PM.
APPROVED: __________________