WETLANDS PROTECTION COMMITTEE
MEETING MINUTES
March 10, 2011
Approved: April 21, 2011
Meeting Location: Natural Resource Commission Office
525 Washington Street
Wellesley, MA 02482
Present: Eric Seaborn, Bob Collins, J. Stanley Waugh and Jay Hammerness Committee Members; and Adam Bossi, Conservation Administrator
Absent: Derek Redgate, Associate Member
Guests (from sign in sheet): Paul Millett, Doug Stewart, Conner Myers, Matt DiBiase, Bobby McManus, Doug Miller, Peter Covo, Nancy Bagdesarian, William Holding, Peter Asuis, Paul Lindholm, Chris Wagner, Ken Soderholm, Sam Soderholm, Paul Maue, Ardi Rrapi, Jerry Kelley and Joyce Bertschanaum
7:30pm – Public Voice
No Comments.
7:35pm Wellesley Recycling and Disposal Facility – Continued NOI – MA DEP #324-646
Documents referenced during this discussion included:
· Conservation Administrator’s Notes for WPC Hearing - March 10, 2011
· Notice of Intent and attachments; Prepared by: Environmental Partners Group Inc; Stamped “received” by Natural Resources March 2, 2011;
· Plan Set: “Wellesley Recycling and Disposal Facility Wetlands Restoration, Wellesley, MA March 2011”; Prepared by: Environmental Partners Group, Inc; All sheets dated: March 2011; All sheets signed and stamped by: Paul C. Millett, PE Civil #37250
o Sheet C-1: Site Overview
o Sheet C-2: Regrading Plan
o Sheet C-3 Regrading Plan-Sections
o Sheet C-4: Wetlands Planting Plan
o Sheet C-5: Standard Details
Paul Millett of Environmental Partners Group and Doug Stewart, Assistant Town Engineer were present for the applicant.
Mr. Millett provided an overview of the proposed project and recently submitted materials stemming from the WPC’s last public hearing on the case. Mr. Millett reviewed the new materials and noted that the proposed work is outside of Bordering Land Subject to Flooding and that the revised NOI plans now illustrate Riverfront Area. Mr. Millet noted that the Riverfront Area was delineated by GIS interpretation.
The WPC and applicant discussed the proposed fill removal and WPC questioned where the material would be relocated to. Mr. Stewart noted the DPW is reaching an arrangement with the Town of Needham to take a large quantity of processed compost to make room at the RDF for the fill being removed from the BVW.
The WPC and applicant discussed the proposed yard waste management plan and applicant described the general work associated with the intake and processing of compost materials. Both parties discussed the proposed installation of telephone poles to physically demarcate the limits of the compost operation and agreed that signage should be installed on the poles clearly noting the limit of work.
The WPC questioned if MA DEP would issue an opinion on the NOI prior to the public hearing being closed. The applicant noted they did not believe MA DEP would issue another opinion on the NOI. The Administrator noted that MA DEP typically does not get involved with wetlands permitting cases until the local authority has issued a decision on the matter and that the earlier interaction between the applicant and MA DEP was atypical. The Administrator noted he did not anticipate MA DEP would comment on the case again until the Committee makes a decision. The WPC and applicant discussed the proposed project overall and both parties were in general agreement that the proposed work seems to address the wetlands change/filling that MA DEP identified.
The applicant requested to close the public hearing.
A motion was made by Bob Collins and seconded by J. Stanley Waugh to close the public hearing. The WPC voted 4-0 to close the public hearing.
8:10pm - 442-452 Washington Street – Continued Notice of Intent – MA DEP #324-653
No documents were reviewed during this discussion and the applicant was not present.
The Administrator reported he had been in contact with the applicant and peer review consultant and that an informal meeting had been set up for March 14, 2011 with the parties and himself, serving as facilitator. The informal meeting would allow all parties to clarify issues/questions/comments raised by the peer review consultant prior to NOI review moving forward. The Administrator noted the applicant had requested to continue this public meeting and hoped be able to work with the WPC to bring the NOI review to completion at the WPC’s next public hearing.
The WPC continued the public hearing per the request of the applicant.
8:15pm - Review/Approval of Meeting Minutes
Documents referenced during this discussion included:
· Conservation Administrator’s Notes for WPC Hearing - March 10, 2011
· Emails: “draft meeting minutes comments (4 emails total)”; To: Eric Seaborn, Janet Bowser and Adam Bossi; From: Carlos Gimeno; Date: February 8, 2011;
· Draft meeting minutes: June 13, 2008, November 10, 2010, December 9, 2010, January 27, 2011 February 4, 2011 and February 17, 2011
· Approved meeting minutes: September 30, 2010, October 7, 2010 and October 28, 2010
June 13, 2008 draft minutes:
The WPC reviewed the draft meeting minutes. The Conservation Administrator noted that Dr. Gimeno had commented that he recalled other business occurring at this meeting and suggested that files pertaining to other WPC business that occurred around this time be reviewed. The Administrator reported he reviewed such files and found no evidence of other issues that were likely to have been addressed at this meeting. The Administrator reported that in reviewing the 27 Washington Street case, he found that Dr. Gimeno had not signed the Order of Conditions. The Administrator noted the draft minutes had been revised since the WPC last reviewed them to adjust the record of the vote. The Administrator reported that Dr. Gimeno’s comments The WPC chair noted he did not recall any other business occurring at this meeting and lacking any other
evidence suggesting other business occurred suggested the minutes be approved.
The WPC voted 4-0 to approve the minutes.
September 30, 2010, October 7, 2010 and October 28, 2010 approved minutes:
The Administrator reported that Dr. Gimeno’s minor edits were incorporated into the minutes. The WPC reviewed and determined the revisions were minor and approvable.
The WPC voted 4-0 to amend the minutes.
November 10, 2010 draft minutes:
The Administrator reminded the WPC that Dr. Gimeno had submitted substantive comments on this set of minutes and noted that only a few of the minor proposed edits had been incorporated into the draft since the WPC’s last public hearing.
The WPC reviewed and discussed Dr. Gimeno’s comments and existing draft minutes and instructed the Administrator to include a sentence regarding Dr. Gimeno’s attendance at the hearing and to revise the paragraph regarding the discussion with Town Counsel on WPC protocols. The WPC did not adopt the majority of Dr. Gimeno’s proposed edits.
The WPC voted 4-0 to approve the draft minutes with minor revisions.
8:30pm - 146 Wellesley Avenue – Continued Notice of Intent – MA DEP #324-650
The WPC referenced the following documents during this discussion:
· Conservation Administrator’s Notes for WPC Hearing - March 10, 2011
· Revised Notice of Intent and attachments; Prepared by: GPR, Inc; Date: February 22, 2011;
· Plan: “Notice of Intent Irrigation Well”; Prepared by: GPR, Inc; Date: January 2011; Signed and Stamped by: Douglas E. Miller, PE Civil # 33965
Douglas Miller was present as the applicant’s representative.
Mr. Miller presented an overview of the revised project noting that all work previously proposed had been eliminated from the proposal. The NOI now only proposed the installation of an irrigation well in the southeast corner of the 57 Whiting Road lot. The well would provide water to the existing irrigation system on that property only. The WPC and Mr. Miller discussed the irrigation well installation project and clarified that the applicant was no longer seeking review and permitting of the other previously proposed work including stream water recirculation system.
Mr. Miller and WPC discussed work required with the installation or operation of the irrigation well.
The WPC, Administrator and Mr. Miller discussed that the NOI was filed for 146 Wellesley Avenue and work is proposed at 57 Whiting Road, both properties owned by the applicant. Mr. Miller and the Administrator noted they had both previously spoken with MA DEP regarding any potential issues with recording an Order for the filing at the Registry of Deeds. All parties noted that the WPC should consider not including certain “conditions in perpetuity” in an Order for this project to help avoid any future issues related to the property deeds and Order. Mr. Miller and the Administrator reminded the WPC that their normal conditions, including those “in perpetuity” already applied to both lots via existing Order of Conditions, MA DEP File #324-632 for the stream restoration and landscape work.
The applicant requested to close the public hearing.
A motion was made by Robert Collins and seconded by Jay Hammerness to close the public hearing. The WPC voted 4-0 to close the public hearing.
8:45pm - 30 Lincoln Road Continued Notice of Intent – MA DEP #324-660
Documents referenced during this discussion included:
· Conservation Administrator’s Notes for WPC Hearing - March 10, 2011
· Revised WPA Form 5, page 3;
· Letter: “DEP File #324-0660, 30 Lincoln Road, Revised NOI application page, Supplemental Information”; To: Wellesley Natural Resources Commission; From: Paul Lindholm, Civil/Environmental Consulting; Date: February 8, 2011;
· Memorandum: “30 Lincoln Road, Notice of Intent, Supplemental Information DEP File #324-0660”; To: Wellesley Wetlands Protection Committee; From: Paul Lindholm; Date: January 27, 2011;
· Plans: “Existing and Proposed Conditions Survey Plan (2 separate plans with existing and proposed impervious surface, lawn and planted area figures); Prepared by: Paul Lindholm; Unsigned and Unstamped; Date: January 27, 2011
· Plan: “Single Family Lot Landscape Improvement Plan 30 Lincoln Road Wellesley, MA”; Prepared by: Paul Lindholm; Signed and Stamped by: Paul Lindholm, PE Civil # 31992; Date: January 10, 2011
· Print out: Section of the USGS map with sketch location of 30 Lincoln Road; Prepared by: Paul Lindholm; Undated
Paul Lindholm and Peter Asnis were present as the applicant.
Mr. Lindholm reviewed the revised and supplemental materials provided to the WPC since their first public hearing on the case. The WPC and Mr. Lindholm discussed the material and revised alteration calculations. The WPC determined the revised calculations appeared workable.
The WPC and Mr. Lindholm discussed the applicability of the Riverfront Area regulations to this project and site. Mr. Lindholm reviewed a section of the USGS map for the area and noted that based on the map, the status of Academy Brook appears to change near or at the subject lot from perennial to intermittent. The Administrator noted he and Mr. Lindholm discussed this issue and WPC records did not have any solid information regarding stream status upstream of the project site. At downstream locations, the Brook was considered perennial. Mr. Lindholm and the Administrator both noted the project likely could comply with the Riverfront Area performance standards regardless of this issue.
An abutter from 24 Lincoln Road voiced general support for the proposed project.
The applicant requested to close the public hearing and for the opportunity to review a draft Order of Conditions prior to issuance.
The WPC agreed to send a copy of the draft Order to the applicant prior to issuance.
A motion was made by Robert Collins and seconded by Jay Hammerness to close the public hearing. The WPC voted 4-0 to close the public hearing.
9:15pm - Discussion – Wellesley Conservation Council – Sabrina Lake Concern
Documents referenced during this discussion included:
· Conservation Administrator’s Notes for WPC Hearing - March 10, 2011
· Information Packet: “Wetlands Deliberations 1989-1990, Guernsey Sanctuary Encroachment 66 Ridge Hill Farm Road, Sabrina Lake”; Stamped “received” by Natural Resources March 3, 2011;
· Color Photographs; submitted by Wellesley Conservation Council; unstamped and undated
Nancy Bagdasarian and Peter Covo of the Wellesley Conservation Council were present.
Ms. Bagdasarian and Mr. Covo discussed the history of an ongoing dispute between the Conservation Council and owner of 66 Ridge Hill Farm Road regarding cutting of vegetation on Council land adjacent to Sabrina Lake. Mr. Covo explained that the Council granted an access and vista pruning easement on a portion of the Council’s land to their neighbor to allow him to access the Lake and to maintain the view of the Lake from his property. The Council and abutter have been in a disagreement for many years regarding the pruning terms of the easement. The Council interprets the agreement to limit the neighbor’s pruning to limit the height of vegetation to four feet in certain areas. The neighbor has interpreted that it allows him to mow vegetation to the ground after it reaches four feet in height. All parties acknowledged that issues
related to the easement agreement were a civil matter and outside the Committee’s jurisdiction.
All parties discussed the cutting of vegetation within wetlands resource areas. The Administrator noted WPC could view the issue as violation of wetlands laws or could interpret the issue to be a regular land management activity that does not require permitting. Mr. Covo and Ms. Bagdasarian reviewed the materials provided to the WPC and referenced a letter issued by the WPC notifying them and their neighbor that the cutting was a violation and needed to cease and desist. The WPC discussed the matter and determined that the vegetation cutting was an unpermitted alteration to wetlands resource areas.
The WPC instructed the Administrator to draft an Enforcement Order to be issued to the Council, to the property owner of 66 Ridge Hill Farm Road and to the landscape contractor requiring vegetation removal/cutting to cease and desist until such time an NOI is submitted and subsequent Order of Conditions is issued to allow such work. The WPC also instructed the Administrator to draft a separate letter to the landscape contractor explaining liabilities associated with future violations.
A motion was made by J. Stanley Waugh and seconded by Jay Hammerness to issue an Enforcement Order. The WPC voted 4-0 to issue the Enforcement Order.
9:45pm - Livingston Road – Continued Notice of Intent – MA DEP #324-663
Documents referenced during this discussion included:
· Conservation Administrator’s Notes for WPC Hearing - March 10, 2011
· Notice of Intent and supporting documents; Stamped “received” by Natural Resources February 4, 2011;
· “Resource Area Evaluation and Wetland Delineation #42 Livingston Road”; Prepared by Savello and Associates; Date: January 22, 2011;
· Plan: “Sketch of Staking and Impervious Area”; Prepared by: Cheney Engineering Co; Inc; Date: March 3, 2011;
· Plan: “Proposed New House #42 Livingston Road”; Prepared by: Cheney Engineering Co; Inc; Date: February 2, 2011; Signed and Stamped by: Elliott J. Paturzo, PLS # 34623
Sam Soderholm, Ken Soderholm, Ardi Rrapi and Paul Maue were present for the applicant.
Mr. Rrapi provided a brief overview of the proposed project and summarized his onsite discussions with members of the WPC and Conservation Administrator. The WPC chair summarized his observations from his recent site visit regarding proposed vegetation removal. The chairman noted that several large canopy trees were proposed for removal but that significant opportunity for mitigating the impact through establishing new vegetation on existing lawn area existed. The chairman noted that any mitigation planting plan must propose to install at least three 2.5” caliper oak trees and other appropriate woody and herbaceous plant material.
Mr. Maue discussed general planting concepts and noted the chairman’s request would be incorporated into a final planting plan that the applicant would like to submit as a condition of an Order of Conditions. Mr. Maue also noted that the abutting land owner who commissioned this project cares for their property on a totally organic system and that same system would be used to care for the subject property.
The WPC and applicant discussed the proposed pool installation and long term operations and maintenance. The applicant noted that the pool filtration system would include an ionizing system that requires very little chlorine or backwashing. The applicant also noted that a subsurface infiltration pit was proposed for disposal of pool water on the few occasions when it would be necessary to lower water levels.
The applicant and WPC discussed the possibility of WPC voting to close the hearing and issuing an Order of Conditions at this meeting. The WPC discussed the requests and special conditions to be included into an Order of Conditions. The WPC noted they would act on the applicant’s request and instructed the Administrator to draft the Order with conditions as discussed and send it to the WPC for final review prior to releasing it from the office.
The applicant requested to close the public hearing and requested the WPC to issue an Order of Conditions.
A motion was made by Robert Collins and seconded by Jay Hammerness to close the public hearing. The WPC voted 4-0 to close the public hearing.
The WPC directed the Administrator to complete a draft Order of Conditions for their review. The WPC noted that they would vote to approve the issuance of an Order of Conditions at this meeting but would review the document prior to its actual issuance from the office. The applicant was amenable to this approach and Administrator noted that a draft Order would be emailed to the WPC for review and approval within the next several days.
A motion was made by J. Stanley Waugh and seconded by Robert Collins to issue an Order of Conditions pending a review of the draft. The WPC voted 4-0 to issue the Order of Conditions.
10:10pm - 57 Parker Road – Continued Notice of Intent – MA DEP #324-662
Documents referenced during this discussion included:
· Conservation Administrator’s Notes for WPC Hearing - March 10, 2011
· Notice of Intent and attachments; Prepared by: Carr Research Laboratory; Stamped “received” by Natural Resources on February 1, 2011;
· Letter: “57 Parker Road, Wellesley – Drainage Statement, DEP File No. 324-0662”; To: Wellesley Wetlands Protection Committee; From: Scott Hayes, Foresite Engineering; Signed and Stamped by Scott P. Hayes, PE Civil # 41017; Date: March 1, 2011;
· Plan: “Notice of Intent Site Plan – 57 Parker Road”; Prepared by: Foresite Engineering; Signed and Stamped by Scott P. Hayes, PE Civil # 41017; Date: December 29, 2010 and revised March 1, 2011;
· Letter: “57 Parker Road – Notice of Intent: Regrading and implications for drainage”; To: Wellesley Wetlands Protection Committee; From: Joyce Barton Bertschmann; Date: February 17, 2011;
· Letter: No subject line; To: Joyce Barton; From: Scott W. McPhee, Hartney Greymont; Date: March 10, 2011;
Christopher Wagner of Carr Research Laboratory was present as the applicant’s representative.
Mr. Wagner provided a general overview of the proposed project and reviewed the updates to the project plan consisting of the addition of grading of the pool area and sited locations of trees of concern located on the 61 Parker Road property.
The WPC and Mr. Wagner discussed the proposed driveway installation and potential impacts on the abutter’s row of hemlock trees and large oak trees in the Riverfront Area. The WPC noted that the driveway is proposed for construction well within the root zones of these trees and expressed significant concern regarding potential impacts to the long term health of the trees from proposed work. The WPC discussed practices that could be implemented to minimize disturbance of the tree roots and noted that:
1) Work within close proximity to the trees within Riverfront Area, including excavation for the proposed driveway, shall be supervised and directed by a designated project certified arborist to best insure impacts of construction on the trees is minimized. The WPC noted that the supervising arborist would need to consider pruning of roots to curb any potential negative root impacts typically associated with excavation.
2) The excavation of the proposed sub grade of the driveway within Riverfront Area shall be completed with an air spade under the direction of the project arborist;
3) Structural soil be used instead of gravel or other typical driveway base material within the Riverfront Area;
4) The portion of driveway in Riverfront Area shall be paved with a pervious material.
The WPC noted that even if all tree root protection best management practices are implemented, it did not guarantee the trees would not be impacted by the proposed project.
Abutter Joyce Bertschmann expressed significant concern regarding the potential for impacts on her hemlock and oak trees resulting from the proposed driveway installation. Ms. Bertschmann suggested the WPC to require or request the applicant to “flip” the proposed plan and locate the driveway on the other side of the lot.
Abutter Jerry Kelley expressed concerns regarding the potential for increased runoff from the site onto his property. Mr. Kelley and Ms. Bertschmann disagreed over the concept of “flipping” the location of the proposed driveway.
The WPC explained their role in permitting this project and noted they must act on the project presented to them and that as most of the project is located outside of their jurisdiction, they did not have solid ground to require the applicant to relocate the proposed driveway.
The WPC noted that construction near trees almost always causes root damage and suggestions they discussed were meant to minimize any potential impacts from this project on the trees in the Riverfront Area near the proposed driveway. The WPC noted the overall reduction in impervious surface within the Riverfront Area and tree root protection measures for driveway construction would likely mitigate for wetland related impacts of the proposed project. It was the consensus of the Committee that the draft Order of Conditions should contain special conditions for the four specific Riverfront Area tree protection measures discussed at this hearing.
The applicant’s representative requested to close the public hearing.
A motion was made by Robert Collins and seconded by J. Stanley Waugh to close the public hearing. The WPC voted 4-0 to close the public hearing.
10:45pm – Other Administrative Business
Documents referenced during these discussions included:
· Conservation Administrator’s Notes for WPC Hearing - March 10, 2011
· Draft meeting minutes – January 27, 2011, February 4, 2011 and February 17, 2011
· Draft Order of Conditions - Walnut/Wales Street Bridge – MA DEP #324-661
· Emergency Certification – High School / Fuller Brook Oil Spill Clean Up
· Draft Certificates of Compliance - 30 South River Street – MA DEP #324-403 and Woodside Road – MA DEP #324-583
Review/Approval of Meeting Minutes:
January 27, 2011
The WPC reviewed the draft minutes and noted two minor revisions to be incorporated.
The WPC voted 4-0 to approve the meeting minutes.
Mr. Hammerness left the meeting for the remainder of the evening.
February 4, 2011
The WPC reviewed the draft meeting minutes and had no revisions.
The WPC voted 3-0 to approve the meeting minutes.
February 17, 2011
The WPC reviewed the draft meeting minutes and had no revisions.
The WPC voted 3-0 to approve the meeting minutes.
Issue Order of Conditions - Walnut/Wales Street Bridge – MA DEP #324-661
The WPC reviewed the draft Order of Conditions and had no revisions.
A motion was made by Robert Collins and seconded by J. Stanley Waugh to issue the Order of Conditions. The WPC voted 3-0 to issue the Order of Conditions.
Issue Emergency Certification – High School / Fuller Brook Oil Spill Clean Up
The Administrator provided a brief history and update on the oil release from the Wellesley High School. A valve associated with a 12,500 gallon oil tank in the school had ruptured over the past weekend and approximately 400 gallons of oil was released. That oil was released to Caroline Brook via an old floor drain that outlet in the Brook. Residents noticed the oily sheen in Caroline and Fuller Brook and notified the Town. The Fire Department, NRC Director, Board of Health and MA DEP had responded. The drain and pipe had been repaired, an oil/water separator installed at the High School and large quantities of oil were removed from the Brooks via absorptive booms and vacuuming. MA DEP and two Licensed Site Professionals working for the Town were continuing to direct additional clean up and monitoring. The Emergency Certification would
retroactively permit the completed cleanup work and allow for additional cleanup work in and around the Brooks under the direction of the Licensed Site Professionals.
The WPC signed the Emergency Certification.
Review/Issue Certificates of Compliance
30 South River Street – MA DEP #324-403
The Administrator reported that the project appeared to have been completed in substantial compliance with the Order of Conditions. Minor deviations from the proposed project were made that resulted in less site disturbance. The Administrator also reported that the applicant requested a waiver from the requirement of providing an “as built” site plan with the Request for Certificate of Compliance. The WPC and Administrator discussed this request and WPC determined that a waiver could be granted.
A motion was made by Robert Collins and seconded by J. Stanley Waugh to issue the Certificate of Compliance. The WPC voted 3-0 to issue the Certificate of Compliance.
Woodside Road – MA DEP #324-583
The Administrator reported that the project appeared to have been completed in substantial compliance with the Order of Conditions. The Administrator noted there were minor changes to the layout of the new drainage system but no functional changes or changes that resulted in lesser degrees of wetland protection.
A motion was made by Robert Collins and seconded by J. Stanley Waugh to issue the Certificate of Compliance. The WPC voted 3-0 to issue the Certificate of Compliance.
11:00pm – Meeting Adjourned
The next regularly scheduled public meeting of the WPC will be March 31, 2011.
Respectfully submitted,
Adam Bossi
Conservation Administrator
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