1. Certificate of Achievement
Discussion: Award to Commissioner Nielsen by the MACC for completing the Fundamentals for Conservation Commissioners course.
2. Approve 12/15/08 and 1/5/09 draft minutes
Discussion: No further edits were proposed relative to 12/15/08 minutes. Commissioner Nielsen asked for clarity regarding the Lazell Street NOI, specifically in regard to the statement that the driveways are proposed at 25 feet. Town Recording Services will review records for the 1/5/09 meeting and provide the clarification to Mr. Chapin, Chairman to make the correction. Commissioner Grafton also provided edits to the 1/5/09 minutes; those edits will be incorporated by the Chairman and distributed.
Motion: Commissioner Babin motioned to approve the 12/15/08 meetings as amended. Commissioner Grafton motioned to approve the 1/5/09 minutes as amended.
Second: Commissioner Nielsen 12/15 Commissioner Berry 1/5/09
In Favor: All Opposed: None
3. Town Meeting Articles
Discussion: The following 3 land articles are being reviewed by the CPC:
• Amendment to Article 22 Section 2, submitted by the Conservation Commission and the Harbor Development Committee on the dock and pier Bylaw.
• As part of the article there is a request that the town appropriate $100,000 from the Community Preservation Open Space Reserve for deposit to the Town’s Conservation Fund.
• Transfer of 13.6 acres on the Weymouth town line, off of Abington Street, which is town owned land to be transferred to the care, custody and control of the Conservation Commission.
1. The Commission discussed the information provided by Abby Childs, Assistant Conservation Officer, in regard to changes to the Natural Heritage Endangered Species Program Vernal Pool Certification Process. A draft comment letter, written by Ms. Childs, was discussed. The Chairman will make the agreed upon edits and forward back to Ms. Childs for submittal on behalf of the Commission. The NHESP deadline for receiving comments is tomorrow, 1/27/09.
Notice of Intent
1. 1 and 15 Technology Place – DEP SE 34 0988 – Applicant: Perry Rockland LLC / Representative: Renwick Chapman, BSC Group
Presentation: Mr. Chapman discussed the requested after-the-fact filing for a basketball court within the 100 foot buffer zone (outside of the 50 foot buffer). On the request of the Commission, Mr. Leggett, Operations Manager for A.W. Perry, discussed the details of how the NOI is now after-the-fact rather than prior to any construction. Mr. Chapman reviewed the location of the court and both the 50’ and 100’ buffer zones as well as the drainage areas on the plans. The proximity to the wetlands is estimated at 85 feet.
Discussion: The Chairman asked Mr. Chapman to point out where the court is on the drainage plan. The impervious area was increased a small amount, the increase to the drainage area was approximately 500 sq ft, the majority of it was already within the drainage area and TSS removal met standard at approximately 83%. The Chairman asked when the wetlands were flagged, per Mr. Chapman in the area of 2003 when the building was designed, approved and built. After the installation of the baskeball court they had the wetland lines reviewed and they were almost unchanged. The Conservation Officer concurs with new wetland lines. Commissioner Babin feels that moving the court may introduce more damage and proposed some other mitigation be discussed. The Conservation Officer feels that some vegetation was removed during the installation and suggested some plantings be done on the property to mitigate the previous removal. Mr. Leggett advised that A.W. Perry would be willing to do such plantings. Mr. Chapman will work with the conservation staff to determine a planting plan.
The Chairman opened the hearing to the public. No public comment. The Chairman closed the hearing to the public.
Motion: Commissioner Babin motioned to close the hearing and issue an after-the-fact Order of Conditions to include a mitigation planting plan
Second: Commissioner Berry In Favor: All Opposed: None
2. 155 Cushing Street – DEP SE 34 0989 - Applicant: Francis Ahern – Representative Dan Smith
Presentation: Proposal is for a 30 x 40 barn approximately 36 feet off the vegetated wetland line. It was positioned in that location to minimize the amount of tree cutting and to enable the existing pavement to line up with the garage doors to the new barn. The proposed barn is approximately 1200 sq feet and is entirely within the buffer zone. The proposal includes removal of an existing garage located between the wetland and the proposed barn. The area is currently cleared and being used as storage. There are 3 mature pine trees that would need to be removed. There is a 30” spruce that they will be keeping. The new barn will not disturb the existing grade.
Discussion: The Chairman noted that the plans provided were not stamped. The Conservation Officer distributed a stamped plan that is the same. The Chairman asked if the pavement on the plan is existing, per the Applicant, it is. The Chairman asked what the pavement is used for, per Mr. Smith, parking. The Chairman asked if they were aware of the 50’ buffer. Per Mr. Smith they have requested a variance, in writing. Approximately one-third of the proposed barn will be within the 50 foot buffer zone. The Chairman asked what the justification is for a variance. Per Mr. Smith, because they would have to remove more trees if they moved the proposed barn as well as do more paving rather than use existing pavement. The Chairman asked how the 1200 sq ft within the 50 foot buffer compares with the existing garage. Per Mr. Ahern it is currently a 1 car garage and is approximately 240 sq feet. Commissioner Babin asked if they were planning on removing or using the existing slab under the garage. Per Mr. Ahern, they plan on removing it. The Chairman asked if the well is active, per Mr. Ahern it isn’t the well that is used by the home. They have a different well approximately 400’ behind the house that provides the water supply.
The Conservation Officer advised that the existing garage is likely more detrimental to the wetlands than the proposed barn. He advised that the area should be replanted. Commissioner Nielsen asked what the intended use would be. Per Mr. Ahern the intent is for parking and storage. The Chairman asked if their intent was to leave the shed/sauna. Both the applicant and representative would like to keep the shed/sauna and they feel that removing it would greatly disturb the wetlands as it is built into the hillside. The roof runoff from the proposed barn will be directed away from the wetlands. The Chairman asked if they are proposing any water service to this building. Per the Applicant, no. The Chairman asked if they are proposing electricity. Per the Applicant, yes.
The Chairman opened the hearing to the public. No public comment. The Chairman closed the hearing to the public.
Motion: Commissioner Babin motioned to close the hearing and issue an Order of Conditions.
Second: Commissioner Grafton In Favor: All Opposed: None
3. 578 Main Street – (South Shore Baptist Church) and 10/12 and 20 Free Street – DEP SE 34 0990
Applicant: South Shore Baptist Church / Representative: Rod Gaskell, SITEC Environmental, Inc.
Presentation: The proposal is a redesign of an addition to the current church building and expanded parking area. The applicant had previously tried to expand to the east and they now have an agreement to purchase the property at 10/12 Free Street, which will be incorporated into the expansion, facilitating the design. The project largely is a drainage project and affects very little wetlands. The proposal has been approved by the Health Department. All properties, including the parsonage, are currently serviced by septic systems. The boundaries were reviewed on the plans. The proposal calls for an addition to the back of the current church building and additional parking area in the to the east and in the property of 10/12 Free Street. An existing drainage ditch that runs from the church building to the drainage system in Free Street has been previously determined by the Commission in 2006 to be a bank resource area. This and the existing catch basins were depicted on the plans and will remain. The isolated vegetated wetland north of the church property was depicted on the plans but it is mostly outside of the property. The vegetated tree line that borders the Free Street properties is proposed to stay. A plan for the proposed addition, including the additional parking, was reviewed. Five of the 11 acres of the property are already developed and therefore this project is classified as a redevelopment project and not new construction. The impervious area is increased by 2.5 acres. The proposal includes 4 runoff catch basins that will be directed to CDS treatment areas that provide a minimum of 80% - 90% TSS removal. The proposal will mitigate the 10 year and 100 year storm events with the combination of an underground infiltration system and the rain garden. In the 2 year event under post-development conditions, the peak flow rate leaving the site through the drainage ditch to the Free Street drainage system is increased from 2.06 cubic feet per second to 3.11 cubic feet per second, an increase of approximately 1.05 cubic feet. The applicant proposes mitigation of the 2 year event, while preserving the trees and understory in the existing buffer, by installing one or more rain gardens along Free Street.
Mr. Gaskell advised that all the current septic systems will be abandoned and all wastewater flow will be tied into the new proposed treatment system (including the parsonage).
There is also a proposed conservation easement covering 5 acres of property located closest to the Free Street wells. The area will be open to the public.
Discussion: Commissioner Grafton asked why the existing exit onto Main Street was removed. Per the representative they are designating that area of the parking lot, in the new plan, as a drop off area. The Chairman asked where the runoff goes in the 2 year event, per the representative it is believed to go into street drainage on Free Street. Per Mr. Gaskell, the peer review, done by Paul Brogna, has been received and also asks about the discharge of the water in a 2 year event. Mr. Gaskell is working with Mr. Brogna to respond to his comments. The Chairman asked what the drainage area of the rain garden is, per the representative very little. They can also put another rain garden in along Free Street but they would need to remove some of the vegetated tree line but would like the Commission’s input regarding the necessity of a 2nd rain garden for drainage. The Chairman asked what the increase in waste water will be, per Mr. Gaskell, it is approximately 1,000 – 1,200 gallons per day as they are doubling the size of the building. Existing waste water is 1,000 – 1,200 gallons per day. Commissioner Babin asked if there is a plan for snow removal/storage as the conservation easement property at the end of the parking lot looks like it would be a convenient snow dumping ground. Per Mr. Gaskell there is not a specific line in the Operation and Maintenance Plan but it will be added. Commissioner Nielsen asked what the life of the underground wastewater treatment system is. Per the representative, the manufacturer states 100 years. Commissioner Nielsen asked if they considered newer pervious pavement, per the representative, because they are draining into a Zone 2, they are not able to use pervious pavement.
The Chairman opened the hearing to the public. One abutter was present and would like to see the vegetated buffer increase to include evergreens. Another abutter was present and would like to request that the project include screening along the perimeter in addition to posts to help restrict motor vehicle / ATV usage. A third abutter was present and commented on the catch basins on Main Street and what, if any, impact this project would have on them. Crooked Meadow River, which flows into the Weir River, is to the south of the property. Mr. Gaskell will research where water discharges once it is in the drainage system on Free and Main Streets. Another abutter was present to offer her concern regarding the rain garden’s aesthetic appeal. One abutter asked what the increase in parking will be, per Mr. Gaskell it is going from 175 to 350. The Chairman closed the hearing session to the public.
Mr. Gaskell asked for a 30 day continuance to the February 23, 2009 meeting.
Motion: Commissioner Nielsen motioned to continue the hearing to 2/23/09.
Second: Commissioner Babin In Favor: All Opposed: None
Request for Extension
1. Dennis Road – DEP SE 34 0822 Applicant: Michael Ferrara / Representative Attorney Robert Barret
Discussion: This is regarding the proposed Conservation Restriction. At the 1/5/09 meeting the vote was to extend the Order of Conditions for one year.
Request for Determination of Applicability
Abbreviated Notice of Intent
Determination of Applicability
Order of Conditions
Order of Resource Area Delineation
Certificates of Compliance
Meeting Adjourned at 9:41 p.m.
Cliff Prentiss, Conservation Officer
Approved as amended on 2/23/09.