WETLANDS PROPTECTION COMMITTEE
MEETING MINUTES
January 11, 2011
Approved: February 17, 2011
Meeting Location: The Great Hall
Wellesley Town Hall
525 Washington Street
Wellesley, MA 02482
Present: Eric Seaborn, J. Stanley Waugh, and Jay Hammerness, Bob Collins, Committee Members; and Adam Bossi, Conservation Administrator (Administrator entered public meeting at 8:20pm)
Absent: Derek Redgate, Associate Member
Guests (from sign in sheet): Larry Shind, David Wright, Jim Payeal, Myrna MacDonald, John MacDonald, Gail Manilli, Pat Uaite Peterlli, Chris Norcross, Janet Alrecht, Dorthy DiGiandomenico, Meredith Stokes, Liza Near, Andy Levinsky, Jonathan Ettinger, John and Laurie Frankenthaler, John Haumu, Stacy Minihane, John Bensley, Dan Grimes, Dorothea Van Herder, Laura Fragasso, Bruce Furie, Jane McNully, Ed Silyaffer, Jenny McKay, J. Landers, Sara Preston, Robert Skladany, Stan Kinh, Ane McKay, Sara Azzam, Nancy Fraser, Bill Warlsh, Susan Wasilauskas, Dorothy Ellis, Howard Ellis, J. Robert Connor, J. Kahauty, C. Sexton, Barbara Feril, Phil Fragasso, Laurel Landers, Porter Solomon, Rainee McManus, Jean Resnick, Bob Resnick, Steve Fessler, Mike Mcmanus, Bob White, Sue Poils, Doug Hershy, Gerry
Musfoley, John Cillinane, David Goodhart, Jaureen Parziale, Naomi Cameron, John Cameron, Marie Taylor, Kostas Fotiadis, Leslie Hanrahan, Elaine Laffan
6:30pm – Administrative Business
Public hearings/meetings to be administratively continued:
169 Great Plain Avenue - Wellesley RDF – MA DEP #324-646 - Continued Notice of Intent
63 Pine Plain Road – Continued Request for Determination of Applicability
Fuller Brook and Caroline Brook Continued ANRAD – MA DEP #324-658
The WPC continued the two public hearings and one public meeting noted above as an administrative matter. No discussion on the proposed projects occurred and no applicants were present.
Review and Approve Draft Meeting Minutes
September 2, 2010, September 30, 2010, September 30, 2010 Special Public Meeting, October 7, 2010, October 28, 2010 and January 29, 2009
The WPC reviewed and discussed the draft meeting minutes. Several typos were noted that required correction.
A motion was made by J. Stanley Waugh and seconded by Jay Hammerness to approve the above referenced meeting minutes with typos to be corrected. The WPC voted 4-0 to approve the meeting minutes.
Issue Orders of Conditions:
98 Livingston Road – MA DEP #324-648
The WPC reviewed and discussed the draft Order of Conditions. Mr. Hammerness and Mr. Seaborn voiced their support for the issuance of the Order of Conditions as drafted. Mr. Waugh noted concerns regarding the permitability of the case. Abutter Mary Jo McGee voiced concerns regarding the issuance of an Order and potential impacts on her downstream property. New WPC member, Mr. Collins, was ineligible to vote on this matter.
A motion was made by Jay Hammerness and seconded by Eric Seaborn to issue the Order of Conditions. The WPC voted 2-0 to issue the Order of Conditions. J. Stanley Waugh abstained from voting. The majority vote of the quorum passed the motion.
40 Pilgrim Road – MA DEP #324-657
The WPC reviewed and discussed the draft Order of Conditions. New WPC member, Mr. Collins, was ineligible to vote on this matter.
A motion was made by J. Stanley Waugh and seconded by Jay Hammerness to issue the Order of Conditions. The WPC voted 3-0 to issue the Order of Conditions.
Review letter to Town Engineer – Ridge Hill Farm Road Culvert
Documents referenced in this discussion included:
· Draft Letter: “Culvert at Ridge Hill Farm Road”; To: Steven Fader, Town Engineer, Wellesley DPW; From: Adam Bossi, Conservation Administrator; Date: January 11, 2011;
· Letter: “Drainage Issues at Ridge Hill Farm Road”; To: Mary Jo McGee and Scott Sefton; From: Stephen Fader, Town Engineer, Town of Wellesley; Date: April 21, 2010;
The WPC reviewed the draft letter to the Town Engineer concerning the culvert issue brought to their attention by the residents of 1 Ridge Hill Farm Road. The WPC also reviewed a letter from the Town Engineer to the residents of 1 Ridge Hill Farm Road dated April 2010 in reference to the culvert.
The WPC took no action to approve the issuance of the draft letter to the Town Engineer.
Review/approve 2011 WPC Meeting Calendar
The WPC reviewed and approved the 2011 meeting calendar.
205 Cliff Road – MA DEP File #324-543 – Site Inspector Review/Approval
Documents referenced in this discussion included:
· Email: “Resume for 205 Cliff Road (with attached resume)”; To: Adam Bossi, Conservation Administrator; From: Dr. Desheng Wang; Date: January 10, 2011
The WPC reviewed and discussed the written request of the applicant to employ Dr. Desheng Wang of Carr Research Laboratory, Inc as the environmental inspector per conditions of the Order of Conditions. The WPC requested the Administrator’s opinion and the Administrator noted he believed Dr. Wang was qualified to conduct the required inspections. The WPC approved the applicant’s request.
WHS Pathway – MA DEP File #324-621 – Minor Plan Change Request
Documents referenced in this discussion included:
· Letter: “Wellesley High School Basketball Court Stone Dust Path”; To: Adam Bossi, Conservation Administrator; From: Roger Gurney, Ryegate, Inc; Date: January 3, 2011
The WPC reviewed and approved the minor plan change request. No amendment to the Order of Conditions was required.
7:20pm – Public Voice
Bob White from the Wellesley Trails Committee and WPC discussed a proposed trail maintenance project the Committee would like to undertake along Boulevard Road, adjacent to the Charles River. Mr. White noted that the bulk of the proposed work involved trimming tree branches that are growing into the pathway and to hand-rake several areas on the path to reestablish worn portions of the natural surface tread way. Mr. White noted the Massachusetts Department of Conservation and Recreation is the land owner and that they are supportive of the trail maintenance work.
The WPC determined that the proposed work is routine maintenance of the existing pathway and no work discussed appeared to trigger the need to file a permit application under the state and/or town’s wetlands protection laws. The WPC thanked Mr. White and Trails Committee for their work to keep the Town’s trail system in great shape.
7:30pm Wellesley College – Request for Determination of Applicability
Documents reviewed during this discussion included:
· Letter: “Request for Determination of Applicability Nehoiden Gold Course Irrigation Wells”; To: Adam Bossi, Conservation Administrator; From: Raymond Johnson, Tetra Tech; Date: December 15, 2010;
· Request for Determination of Applicability and attachments; Stamped “received” by Natural Resources December 15, 2010;
· Map: “Location of Proposed Irrigation Wells Site Plan”; Prepared by: Tetra Tech; Unsigned and Unstamped; Date: December 15, 2010;
Raymond Johnson and John Olmsted were present for the applicant.
The WPC and applicant discussed the proposed project to install an irrigation well and four monitoring wells near Service Drive at the Nehoiden Golf Course at Wellesley College. The majority of the project was proposed outside of the jurisdiction of the wetlands laws but the discharge of water from well drilling and pump testing were proposed to be directed into Lower Waban Brook. The WPC and applicant discussed notes from the Conservation Administrator that expressed concerns regarding the disturbance of existing contaminated sediments in and near Lower Waban Brook and concerns with control of silt and sediment from discharges and potential erosion issues. The WPC requested the applicant to amend their plan in a manner that responded to these concerns. The applicant requested to continue the public meeting.
The WPC continued the public meeting per the applicant’s request.
7:40pm 442-452 Washington Street – Continued Notice of Intent – MA DEP #324-653
Documents reviewed during this discussion included:
· “Proposal for Consulting Services, Notice of Intent Review, DEP #324-653, 442-452 Washington Street”; To: Wetlands Protection Committee; From: Lisa Eggleston, Eggleston Environmental; Date: December 29, 2010;
· “Request for Proposal for Professional Services, Notice of Intent Review – Wellesley Plaza 442-452 Washington Street – MA DEP #324-653”; To: Wetlands Protection Committee; From: Phil Paradis, BETA Group Inc; Date: December 23, 2010;
· Email: “Whole Foods Peer Reviewer”: To: Adam Bossi, Conservation Administrator and Members of the Wetlands Protection Committee; From: Derek Redgate, Associate Member, Wetlands Protection Committee; Date: January 11, 2011;
No one was present for the applicant.
The WPC reviewed and discussed the peer review proposals submitted by Egglestion Environmental and the BETA Group. The WPC reviewed the email recommendation from Mr. Redgate on this matter.
The WPC voted 3-0 (Mr. Collins was not eligible to vote on this matter) to hire Egglestion Environmental for the peer review.
7:45pm 30 Paine Street – Continued Notice of Intent – MA DEP #324-XXX
Documents reviewed during this discussion included:
· Email: “30 Paine Street NOI”: To: Wetlands Protection Committee and Riki Kverga; From: Adam Bossi, Conservation Administrator; Date: January 10, 2011;
· Facsimile: “Reply to Con Com’s new issues and questions”; To: Riki Kverga; From: J.B. Carr, Carr Research Laboratory; Date: January 3, 2011
o Facsimile (5pages total) included: 2 page narrative, Bordering Land Subject to Flooding calculations, drywell detail and shrub list
Dr. Jerry Carr and Riki Kveraga were present for the applicant.
Dr. Carr provided an overview of the proposed project and discussed the new information submitted in response to the Conservation Administrator’s comments regarding the proprosed project’s compliance with performance standards for Bordering Land Subject to Flooding. Dr. Carr noted that the Administrator misinterpreted the figures and that the project as proposed does comply with the compensatory storage requirements. The WPC and Dr. Carr discussed this matter. The WPC noted that they would like the opportunity to have the Administrator review the new information submitted by Dr. Carr prior to making a decision to close the public hearing. All parties also noted that no file number for the NOI had been issued by MA DEP. The applicant requested to continue the public hearing.
The WPC continued the public hearing per the applicant’s request.
8:00 pm 146 Wellesley Avenue – Continued Notice of Intent – MA DEP #324-650
The applicant was not present. The WPC did not discuss this case and continued the public hearing as an administrative matter.
8:01pm – Wellesley Country Club – Enforcement Order
Documents reviewed during this discussion included:
· Draft Enforcement Order and attachments; Prepared by: Conservation Administrator;
Mike Toohill, Coneco, Arthur Kreiger, Anderson and Kreiger, Paul Deyesso and Bill Sansone were for the Wellesley Country Club.
The WPC reviewed and discussed the draft Enforcement Order. The WPC determined that the specified corrective action and timeframe for work appeared appropriate for the nature of the violations.
A motion was made by Jay Hammerness and seconded by J. Stanley Waugh to issue the Enforcement Order as drafted. The WPC voted 4-0 to issue the Enforcement Order.
8:20pm - Wellesley Country Club – Continued Notice of Intent – MA DEP #324-647
Documents reviewed during this discussion included:
· Powerpoint presentation by Mike Toohill of Coneco;
Mike Toohill of Coneco, Arthur Kreiger of Anderson and Kreiger, Paul Deyesso and Bill Sansone were for the Wellesley Country Club.
John Bensley and Stacy Minihane of Beals and Thomas Inc; were present as the WPC’s peer review consultant.
The Conservation Administrator entered the public hearing.
Mr. Toohill presented a power point presentation of revisions made to the proposed project. Mr. Toohill noted many revisions were made in responses to comments submitted by Beals and Thomas. Mr. Toohill highlighted that the Bulk Materials Storage area was no longer being proposed in the dirt lot area adjacent to the Brookside Community Gardens. Mr. Toohill noted that the only work now being proposed in that area would be for the installation of utilities for the comfort station. Mr. Toohill and Mr. Deyesso described changes to the layout of the proposed maintenance facility and referenced plans of the area displayed in the power point presentation. Highlighted changes from the original design consisted of the removal of the wash down building, change in building and parking layout and slight reduction in the size of the building and
associated parking area. Mr. Toohill noted that t these changes reduced the overall impact of the project on the Riverfront Area of Rosemary Brook.
Mr. Toohill and the WPC discussed the characterization of the depression located in the area of the proposed maintenance building. Mr. Toohill noted that all parties originally questioned if the depression qualified as an Isolated Wetland per the Bylaw, Vernal Pool Habitat per the Bylaw and/or Isolated Land Subject to Flooding per the Act. Mr. Toohill noted he, the Administrator and Beals and Thomas reviewed the area on-site and that engineers at his firm and Beals and Thomas conducted an engineering analysis of the area and concluded that the depression meets the criteria to be defined as an Isolated Wetland under the Town of Wellesley Wetlands Protection Bylaw. Mr. Toohill noted that he and Beals and Thomas agreed that the area does not qualify as Isolated Land Subject to Flooding per the Bylaw. Regarding the characterization of the
depression as Vernal Pool Habitat per the Bylaw, Mr. Toohill reminded the Committee he had submitted his opinion in an earlier memo noting he did not believe the area would serve vernal pool functions. Mr. Toohill also noted that Beals and Thomas stated in their report that they cannot conclusively determine the status of the area until the spring when vernal pool wildlife becomes active. The Beals and Thomas report advised the WPC to use their best discretion in making a determination on the status of the depression as Vernal Pool Habitat or not. Mr. Toohill noted that the revised site plans will include a proposal for the filling of some of the area identified as an Isolated Wetland.
Mr. Toohill stated he was preparing supplemental information to submit to the WPC including graphics requested by Beals and Thomas for reviewing the Riverfront Area alternatives analysis. The WPC, members of the audience and members of the applicant’s team discussed the public’s desire to have the alternative locations concepts previously proposed by members of the public as well as some new potential alternative project locations reviewed by the applicant and WPC. All parties discussed and agreed upon an ambitious timeline and process for moving the Riverfront Area alternatives analysis forward that allowed the public to provide additional feedback for consideration. Additional meeting times were set for January 27, 2011 and February 2 or 3, 2011.
All parties discussed the WPC’s anticipated lack of quorum to work on this case for February and portion of March 2011. All parties agreed to move the NOI review forward as expeditiously as possible prior to having to breaking review due to the quorum issue.
Members of the audience expressed discontent with the clarity and content of information presented in the applicant’s power point presentation. Members of the audience expressed discontent with the WPC’s handling of the NOI review. The WPC, Beals and Thomas and Mr. Garner noted additional information and/or clarifications to existing information that they believed would be helpful to present for reviewing the Riverfront Area alternatives analysis. Mr. Toohill noted he would provide the graphic information (maps) requested by the WPC, Beals and Thomas and Mr. Garner as soon as possible.
Mr. Garner/representatives from the Friends of Brookside Road requested the Club to permit Mr. Garner and/or members of Friends of Brookside to enter their property to evaluate potential alternative locations for the proposed work and better evaluate the NOI. Mr. Kreiger, legal counsel for the Club, noted that the Club was not amenable to granting permission for the Friends and/or Mr. Garner to enter their property.
All parties discussed the WPC’s upcoming loss of quorum to discuss this case. Audience members suggested that the WPC require the applicant to file a new NOI to allow Mr. Collins to participate in the review of the case. Mr. Garner noted he believed Mr. Collins may be able to work on the case if he is brought up to speed on information from previous public discussions on the case. The Conservation Administrator and Mr. Kreiger noted that as Mr. Collins had missed multiple public meetings on the case, he was not eligible to vote on the case per stipulations in the Mullin Rule. The WPC and applicant determined that continuing to work with the current NOI is preferred to the filing of a new NOI. All parties again recognized that the discussion on the case would need to temporarily cease during the period where the WPC will lack a quorum
for this matter.
Mr. Hammerness noted that in previous discussions that the applicant noted they have some grounds to attempt to rebut some of the presumptions associated with Riverfront Area interest and values. Mr. Hammerness noted it was unclear to him information on this matter was intended as a formal argument for overcoming some presumptions. Mr. Toohill noted that information on this matter was presented in writing in previously submitted documents and that the applicant was indeed intending to challenge some presumptions of significance. Mr. Hammerness noted this challenge was not clear and requested the applicant to formalize such request and provide additional information to support their argument for the WPC to consider. Mr. Toohill and Mr. Kreiger noted that the applicant will provide formal follow up on this matter for WPC review.
The applicant requested to continue the public hearing.
The WPC continued the public hearing at the request of the applicant.
10:20pm – Administrative Discussion
Mr. Hammerness left the public hearing for the remainder of the evening.
Members of the WPC and Conservation Administrator discussed WPC business that occurred at the meeting prior to the Administrator’s arrival.
WPC and Administrator discovered that the WPC did not review and vote on the 5 Aberdeen Road Order of Conditions. WPC noted this business item will be added to their next meeting agenda.
The Administrator reported that he received additional comments on the draft meeting minutes of October 2010 from former WPC member Carlos Gimeno the day prior to this meeting and noted that the WPC did not appear to have taken the comments into consideration prior to voting to approve all of the meeting minutes. WPC requested the Administrator to revise the minutes to include Dr. Gimeno’s comments and the WPC will review again and move to amend them at an upcoming public meeting if appropriate.
10:45pm – Meeting Adjourned
Next Regularly Scheduled WPC Meeting: Thursday, January 27, 2011.
Respectfully submitted,
Adam Bossi
Conservation Administrator
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