NATURAL RESOURCES COMMISSION
Meeting Minutes
November 2, 2011
Pursuant to the notice filed with the Town Clerk, the meeting of the Natural Resources Commission was held at 141 Keyes Road, first floor conference room, Concord, MA at 7:00 p.m. on Wednesday, November 2, 2011. The following Commissioners were present: George Lewis, Chair, Elissa Brown, Steve Verrill, Dean Banfield and Associate Commissioner Jeff Adams. Delia Kaye, Natural Resources Director and Cynthia Gray, Natural Resources Administrative Assistant, were also present. Betsy Sluder, League of Women Voters observer, also attended.
7:04 pm Chair Lewis opened the meeting under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and in accordance with Concord’s Wetlands Bylaw.
Morgan, 495 Monument Street / DEP File #137-1138 |
7:09 pm |
Concord-Carlisle Regional School, 500 Walden Street / DEP File #137-1144 |
8:15 pm |
Comcast of Massachusetts III, Inc., within the public R.O.W. of Hunters Ridge Road / RDA #11-12 |
8:30 pm |
McClure, 21 Riverside Avenue / DEP File #137-1047 |
8:35 pm |
Ziemba (North River Builders, Inc.), 1373-4, 1373-2, 139A and 1437-5 Monument Street / DEP File #137-1149 |
8:45 pm |
Ziemba (North River Builders, Inc.), 1373-1, 139A and 1437-5 Monument Street / DEP File #137-1150 |
8:45 pm |
COMMISSION COMMENTS
Commissioner Verrill attended the 2229 Main Street Oversight Committee meeting last evening. Employees left the Starmet site on October 31st and cleanup will begin immediately. Cleanup consists of deconstructing the buildings from the inside out, testing all materials for levels of contamination and preparing materials for appropriate methods of disposal. It is anticipated to take two to three years before the buildings actually come down. Questions remain as to who owns what. The final use of the property, either park to residential or to commercial, is yet to be determined. The wetland areas will not be cleaned up to as high a level because EPA has determined that the contamination risk is not as high. The Commission briefly discussed the potential of this land as a possible solar site.
CONTINUANCES
Notice of Intent Application for Save Our Heritage, 449 Barretts Mill Road, DEP File #137-1109
Replacing a 6-inch pipe with a new 12-inch pipe and installing four drain manholes for maintenance purposes to a drainage system; reshaping drainage ditch side slopes; and associated work area in the 200-foot Riverfront Area of the Assabet River and the 100-foot Buffer Zone to Bordering Vegetated Wetlands.
At the request of the Applicant, Commissioner Banfield moved to continue the hearing to November 16, 2011. Commissioner Verrill seconded. All so voted.
Notice of Intent Application for Jerry Manning, 47 Lowell Road, DEP File #137-1147
The project consists of an after-the-fact filing for tree and invasives species removal in Bordering Vegetated Wetlands, Bordering Land Subject to Flooding, the 200-foot Riverfront Area of Mill Brook, and the 100-foot Buffer Zone to Bank and Bordering Vegetated Wetlands.
At the request of the Applicant, Commissioner Brown moved to continue the hearing to November 16, 2011. Commissioner Banfield seconded. All so voted.
Notice of Intent Application for Matthew McManus, 41 Lowell Road, DEP File #137-1146
The project consists of an after-the-fact filing for invasives species removal in Bordering Vegetated Wetlands, Bordering Land Subject to Flooding, the 200-foot Riverfront Area of Mill Brook, and the 100-foot Buffer Zone to Bank and Bordering Vegetated Wetlands.
At the request of the Applicant, Commissioner Brown moved to continue the hearing to November 16, 2011. Commissioner Banfield seconded. All so voted.
Notice of Intent Application for Jeffrey Morgan, 495 Monument Street, DEP File #137-1138
Chair Lewis opened the Notice of Intent hearing at 7:09 pm. The project consists of constructing a detached garage with living space above; installing two bluestone walkways; removing an existing circular turnaround and installing an extended driveway with turnout for the new garage; and installing a soil absorption system in the 100-foot Buffer Zone to Bordering Vegetated Wetlands.
List of plans and documents discussed at this hearing:
- Correspondence from Benjamin Ewing and Joseph March of Stamski and McNary, Inc. dated October 26, 2011;
- Revised Impervious Coverage Calculations (Garage Setbacks) dated October 26, 2011;
- Wetland Permitting Plan in Concord, Massachusetts For: Morgan prepared by Stamski and McNary, Inc. last revised October 26, 2011; and
- Enlarged Plan & Details for Wetland Permitting in Concord, Massachusetts For: Morgan prepared by LDA Architecture & Interiors, LLP last revised October 26, 2011.
Applicant, Jeff Morgan, Treff LaFleche and Dana Cohen, both of LDA Architects & Interiors, LLP, Ben Ewing of Stamski and McNary, Inc., and Jonathan Merz of Merz Construction, contractor attended.
Treff LaFleche provided an overview of the alternatives process, noting that the Applicant submitted an updated proposal with alternatives. The Applicant considered a variety of solutions and the documentation shows how the Applicant arrived at a balanced solution according to Mr. LaFleche.
Scheme E (the least desirable alternative). The garage was rotated 90 degrees bringing the parking area closer to the home which would require a three-point turn for a vehicle to exit out of the driveway. The team concluded that the HDC would not view this alternative favorably.
Scheme F (the second least desirable alternative). The location of the garage is parallel with the main house but minimizes the size of the parking area. There is some work in the 25-foot NDZ. A three-point radius for the third garage bay would cause a vehicle to stray into the lawn area and buffer zone.
Scheme A (presented at the last NRC meeting). The parking area is moved out of the 25-foot NDZ which provided the Applicant with the parking area and turning area desired, leaving the existing driveway in its current location. This alternative preserves the woodland view from the family room and preserves access to the play structure. The drawback is that this alternative requires significant impervious surface into the buffer zone.
Scheme B. The garage is moved back nine addition feet from the original scheme presented at the last meeting, but the parking area is still located within the 50-foot NBZ, but less so than Scheme A. There is approximately 550 square feet of impervious area. This alternative allows for a two-point turn for the last garage bay, but goes into the buffer zone by 550 square feet.
Scheme C. This is a radical decision pushing the garage back which incorporates a functional connection back to the mudroom of the main house. It eliminates the view to the play structure. Three trees, two pines and one birch, would need to be removed. This would be necessary to accommodate the parking area outside the buffer zone.
Scheme D. The garage would be pushed back 45.5 feet, but would infringe into the buffer zone on the west side. The length of the parking court would be extended to accommodate for a two-point turning radius. A three-point turning radius would be necessary to get the third car into the third garage bay. From a functional point of view, it is less than desirable. The Applicant would need to remove eight to ten trees.
The preferred solution is a combination of Schemes B and C. The garage is pushed back as far as it can go. It eliminates easy access to the play structure, but the Applicant did not want to lose the wooded vegetation view. Three trees would be slated for removal. The impervious surface of the driveway is within the 50-foot NBZ. The existing driveway extends 218 feet into the 50-foot NBZ and this will be removed. On balance, the 218 square feet of swapping is the best balance, according to Mr. LaFleche.
The area of mitigation is a long continuous area that runs on either side of the driveway estimated at 2,100 square feet. Mr. Ewing stated that the net driveway currently is at 1,200 square feet.
Chair Lewis responded favorably to the mitigation area in the front of the house and stated that he would like the Applicant to extend the mitigation to the edge of the 25-foot NDZ to improve the value of the mitigation area as a vegetated buffer. Mr. LaFleche said that the width of the driveway had been reduced and the driveway narrowed down in front of the house. Stephanie Hubbard of Site Creative Landscape Architects and Linda Morgan spent a long period of time walking the line out front. The Applicant would prefer running it long as opposed to deepening and thickening the mitigation area in one spot.
Commissioner Brown stated that a natural extension would be to continue the vegetation up toward the house. Associate Commissioner Adams suggested taking the hatched lines then the 25-foot NDZ line, and taking the mid-point all the way along the mitigation area.
After much discussion, the Commission requested that the Applicant provide a revised line that provided a compromise between the proposed mitigation line and more restoration in the 25-foot NDZ, as well as restoring the mitigation area north of the proposed garage.
With regard to the parking area and apron area, Mr. LaFleche stated that the turnout was tested with three vehicles in the area. The current driveway alignment comes in from the south. A two-point turn works best as reflected on the plan. The line of sight is directed to where the driver wants to go. Mr. Morgan receives a fair amount of Federal Express deliveries for his business and the Applicant does not want the trucks to tear up the lawn area.
The apron on the side of the garage is outside the 50-foot NBZ. Maintenance of the permeable pavers is proposed as cleaning with a garden hose and light brushing. The Commission said that they would require the pavers to be vacuumed.
Mr. LaFleche stated that the Applicant would be taking the play area out of the 25-foot NDZ with a relocation area to be determined. The Commission requested that the revised location be shown on a plan if it is within the 100-foot buffer zone.
The Commission discussed ways of demarcating the 25-foot NDZ. The Commission requested the Applicant provide a planting plan for the area on the side of the garage and out front. Plantings would be spaced five feet on center with a conservation seed mix.
Director Kaye stated that the impervious calculations on the permeable pavers did not match up and should be clarified before the Commission issued an Order of Conditions.
Mr. LaFleche stated that the Applicant would need to go back before the HDC to obtain another approval on the relocated garage location.
There were no public comments.
The Applicant agreed to the Commission continuing the hearing to November 16, 2011 pending receipt of additional information discussed at tonight’s hearing and if acceptable, the Commission expects to close the hearing on November 16, 2011 and issue an Order of Conditions.
NEW APPLICATIONS
Notice of Intent Application for David Anderson of the Concord-Carlisle Regional School District, 500 Walden Street, DEP File #137-1144
Chair Lewis opened the Notice of Intent hearing at 8:15 pm. The project consists of a sanitary sewer realignment at Concord-Carlisle High School; removing and realigning a portion of the sidewalk; and filling and regrading, portions of which are located in the 100-foot Buffer Zone to Bordering Vegetated Wetlands.
List of plans and documents discussed at this hearing:
- Notice of Intent application prepared by Nitsch Engineering, Inc. dated October 5, 2011; and
- Sewer Re-Alignment Overall Plan Prepared For: Concord-Carlisle Regional High School (Sheets C1 – C6) prepared by Nitsch Engineering, Inc. dated October 5, 2011.
Steve Ventresca of Nitsch Engineering and Dave Anderson of CCHS attended.
Commissioner Banfield stated that he is an abutter to this project but has no financial interest or conflict of interest.
This is a sewer realignment project with 1,075 linear feet of new eight inch sewer line to be constructed along the west edge of the north driveway of CCHS. The new sewer line will tie into the existing sewer main in Thoreau Street between 38 and 396 Thoreau Street. Wetlands were flagged along the driveway and Thoreau Street and no wetland impacts are expected. The existing sewer line travels through a portion of the athletic field, sidewalk, and vegetated easement will be abandoned in place.
Jeanne Griffith and Edward Hines, 396 Thoreau Street, forwarded an email to DNR staff relative to a blocked culvert under the CCHS driveway. The culvert needs to be cleaned out. Ms. Griffith stated that the area used to be flat prior to the construction of the high school. Mr. Hines stated that it actually created an artificial wetland. Dave Anderson replied that he had discussed this issue with Director Kaye and that it could be included as part of this project. Director Kaye requested that the Applicant prepare a maintenance plan for the culvert cleanout. Mr. Anderson replied that Nitsch Engineering would provide this before the next meeting. DEP comments have not been received as of tonight’s hearing.
There were no additional public comments.
The Applicant agreed to the Commission continuing the hearing to November 16, 2011 at which time the Commission expects to close and issue an Order of Conditions pending DEP comments and receipt of a maintenance plan.
Request for Determination of Applicability for Comcast of Massachusetts III, Inc., between 91 and 143 and between 143 and 185 Hunters Ridge Road within the public right-of-way of Hunters Ridge Road, RDA #11-12
Chair Lewis opened the Request for Determination of Applicability hearing at 8:30 pm. The project consists of installing a three-inch PVC, Sch. 40 underground conduit within the 100-foot Buffer Zone to Bordering Vegetated Wetlands.
List of plans and documents discussed at this hearing:
- Correspondence from Paul Dewsnap of Dewsnap Engineering Associates LLP dated October 4, 2011;
- Request for Determination of Applicability application prepared by Dewsnap Engineering Associates LLP dated October 4, 2011; and
- Proposed Comcast Underground Conduit Plan of Land in Concord, MA Prepared For: Comcast of Massachusetts prepared by Dewsnap Engineering Associates LLP dated October 4, 2011.
Paul Dewsnap of Dewsnap Engineering Associates LLP and Dave Flewelling of Comcast attended.
A 400-foot Comcast conduit is proposed in the right-of-way of Hunters Ridge Road adjacent to the recent CMLP trench site. Two areas on Hunters Ridge Road are near wetland resource areas. A compost filter sock will be installed at the edge of pavement and silt sacks placed in the basins to protect wetlands. The trenches will be backfilled at the end of each workday and the roadway broom swept. This proposal has been submitted to CPW for review.
There were no public comments
Commissioner Verrill moved to close the hearing and issue a Negative #3 Determination of Applicability. Commissioner Banfield seconded. All so voted.
Request to Amend Notice of Intent Application for Mark McClure, 21 Riverside Avenue, DEP File #137-1047
Chair Lewis opened the Request to Amend Notice of Intent hearing at 8:35 pm. The proposed request for an amendment to the Order of Conditions issued involves removing eight trees from the 200-Riverfront Area of a tributary to the Assabet River and the 100-foot Buffer Zone to Bordering Vegetated Wetlands.
List of plans and documents discussed at this hearing:
- Correspondence from Mark R. McClure dated October 19, 2011; and
- Proposed work for removal of invasive and dangerous Pine trees. Submitted 10/19/11 As-Built Wetlands Permitting Plan in Concord, Massachusetts For: Bentley Building Corp. prepared by Stamski and McNary, Inc. last revised December 7, 2010.
Lauren McClure attended tonight’s hearing and acknowledged personally knowing Chair Lewis.
The Applicant is proposing to remove six Norway maples and two pines in close proximity to the back of the house. The stumps will remain and be flush cut. Native plantings of the Applicant’s choice are proposed. Ms. McClure stated that the methodology for removal of the trees would be by use of a crane parked on the street in front of the house. The crane would reach over the house to the area of the trees to be removed. The Commission discussed making the placement of the crane in front of the house a Special Condition. A 1:1 replacement will be required in the 0 to 25-foot NDZ. The Commission will also require the Applicant remove a debris pile left by the builder.
There were no public comments.
The Applicant agreed to the Commission continuing the hearing to November 16, 2011 at which time the Commission expects to close and issue an Amended Order of Conditions.
Notice of Intent Application for Nile Ziemba of North River Builders, Inc., 1373-4, 1373-2, 139A and 1437-5 Monument Street, DEP File #137-1149
Chair Lewis opened the Notice of Intent hearing at 8:45 pm. The project consists of installing four four-inch conduits in a new utility trench within an existing amended utility easement located in the 100-foot Buffer Zone to Bordering Vegetated Wetlands.
List of plans and documents discussed at this hearing:
- Notice of Intent application prepared by Schofield Brothers of New England, Inc. dated October 19, 2011;
- Correspondence from David Humphrey of Schofield Brothers of New England, Inc. dated October 20, 2011;
- Correspondence from David Humphrey of Schofield Brothers of New England, Inc. dated October 28, 2011;
- Details #1 plan prepared by Schofield Brothers of New England, Inc. dated October 19, 2011 received October 19, 2011 (Sheet 2 of 2); and
- Colored copy of Proposed Site Utility Plan prepared by Schofield Brothers of New England, Inc., dated October 19, 2011 received October 31, 2011 (Sheet 1 of 2).
David Humphrey of Schofield Brothers and Nile Ziemba of North River Builders attended.
Four 4-inch conduits are proposed, partially within a Conservation Restriction that includes a utility easement. The utility easement and proposed work were staked in the field and reviewed by staff. Smartgrid, Verizon and Comcast would all tie in. The fourth conduit would be for future use. The meadow is actively mowed and wetlands were identified close to the driveway. An additional wetland identified by staff that was inadvertently overlooked was reflagged. Existing utilities include Verizon, which is tied in off the utility pole on Monument Street; Comcast utilities are underground.
The new conduits were proposed on the north side of the road but this is the area of newly-identified wetlands. Mr. Humphrey stated that he would need to change their approach and to see how the Applicant would like to proceed. Mr. Humphrey would like to relocate the conduit along the driveway. There is only an electrical utility connection on the north side. Another approach might be to go through the wetland and restore the disturbed area, which would require more detail. The Applicant could possibly go through the pavement area which would have more of a negative impact on those who use the driveway as well as additional cost incurred by the Applicant. Mr. Humphrey stated that they would be reviewing alternatives.
There were no public comments.
The Applicant agreed to the Commission continuing the hearing to December 7, 2011 in order to allow the applicant’s representative to discuss alternatives with the applicant.
Notice of Intent Application for Nile Ziemba of North River Builders, Inc., 1373-1, 139A~and 1437-5 Monument Street, DEP File #137-1150
Chair Lewis opened the Notice of Intent hearing at 8:45 pm. The project consists of installing four four-inch conduits in a new utility trench within an existing amended utility easement located in the 100-foot Buffer Zone to Bordering Vegetated Wetlands.
List of plans and documents discussed at this hearing:
- Notice of Intent application prepared by Schofield Brothers of New England, Inc. dated October 19, 2011;
- Proposed Site Utility Plan & Details plan prepared by Schofield Brothers of New England, Inc. dated October 19, 2011;
- Correspondence from David Humphrey of Schofield Brothers of New England, Inc. dated October 28, 2011; and
- Colored copy of Proposed Site Utility Plan & Details plan prepared by Schofield Brothers of New England, Inc. dated October 19, 2011 received October 31, 2011.
David Humphrey of Schofield Brothers and Nile Ziemba of North River Builders attended.
There is a common driveway that services four houses in the Meadow Pond subdivision. These houses are serviced by underground utilities in the restricted meadow area. One conduit is proposed, partially within the Conservation Restriction that includes a utility easement. The utility easement and proposed work were staked in the field and reviewed by staff. The wet meadow adjacent to the driveway and a wooded wetland were both flagged and reviewed in the field by staff. Proposed work is anticipated from the existing handhold within the utility easement to the Simon property. There will be temporary trenching, which will be restored to existing conditions. The project should be completed in one day. Director Kaye requested that erosion controls be implemented at the 25-foot NDZ by the pond. DNR staff would review the
placement of erosion controls prior to work commencing. Erosion controls will be shown on the plan. DEP comments have not yet been received.
There were no public comments.
The Applicant agreed to the Commission continuing the hearing to November 16, 2011 at which time the Commission expects to close the hearing and issue an Order of Conditions.
CLOSE / ISSUE PERMITS
Rogers, 65 College Road, DEP File #137-1142
Commissioner Banfield moved to close the hearing. Commissioner Verrill seconded. All so voted. Commissioner Brown moved to issue an Order of Conditions with Findings A and B, standard conditions 1 through 19 and Special Conditions 20 through 49. Commissioner Verrill seconded. All so voted.
Concord Lumber Corporation, 126 Lowell Road, DEP File #137-1145
Commissioner Brown moved to close the hearing and issue an Order of Conditions with Findings A through C, standard conditions 1 through 19 and Special Conditions 20 through 49. Commissioner Banfield seconded. All so voted.
CERTIFICATES OF COMPLIANCE
Macone, 94 Fitchburg Turnpike, DEP File #137-993
Commissioner Banfield moved to issue a Certificate of Compliance. Commissioner Brown seconded. All so voted.
Hills, 466 Harrington Avenue, DEP File #137-1105
Commissioner Banfield moved to issue a Certificate of Compliance. Commissioner Verrill seconded. All so voted.
Warren, 189 Prairie Street, DEP File #137-1060
Commissioner Brown moved to issue a Certificate of Compliance. Commissioner Banfield seconded. All so voted.
Bjerke, 670 Main Street, DEP File #137-990
Commissioner Brown moved to issue a Certificate of Compliance. Commissioner Banfield seconded. All so voted.
OTHER BUSINESS
Administrative Approvals
32 Southfield Road – tree removal
The homeowner reported a downed Willow tree as a result of Tropical Storm Irene. The tree is blocking the intermittent stream. A representative from Marquis Tree was consulted and the homeowner was advised to contact DNR to see if a formal approval would be required. The tree will be cut up on the driveway and hauled out by hand. Director Kaye noted that she had discussed minimizing bittersweet berry seed drop by the tree removal as much as possible. There were no Commission comments. There were no public comments.
57 Lowell Road. Romijn- Remove 2 spruce trees in the inner riparian zone
Jerome Manning of 47 Lowell Road filed an after-the-fact NOI application for his property and is also interested in removing 21 pines that form a boundary between his and Ms. Romijn’s property. If the trees are removed, Ms. Romijn is concerned that two shaded spruce will be left vulnerable. No mitigation is deemed necessary, but the large pile of lawn and landscaping debris will need to be removed from wetlands. There were no Commission comments. There were no public comments.
Director’s Report
General approval for storm-related tree removal
With the recent storm and influx of storm-damage related inquiries, Director Kaye requested that the Commission consider a general administrative approval for tree removal within jurisdictional areas rather than RDAs. Commissioner Brown commented that it would be best to keep tree removal requests out of RDA applications. As long as the homeowner/applicant was not looking to alter the wetlands, such approval should be per DNR staff review. Chair Lewis commented that the process should entail nothing more than an RDA application. Commissioner Verrill commented that the Commission has been overly restrictive in the past. Director Kaye said that office has noticed more people coming in with tree removal inquiries, and minimizing the regulatory process may mean that more people seek administrative approvals.
Commissioner Banfield moved to authorize DNR staff to issue administrative approvals for storm-related tree damage. Commissioner Verrill seconded. All so voted.
Heywood Meadow Stewardship Committee membership
Murray Nicolson of 226 Peter Spring Road and Lola Chaisson of 77 Walden Street wrote to Chair Lewis requesting membership to the Heywood Meadow Stewardship Committee. Commissioner Brown moved to appoint Murray Nicolson and Lola Chaisson as members of the Heywood Meadow Stewardship Committee effective immediately. Commissioner Verrill seconded. All so voted.
Scimone Land
Mark White of Bentley Building Corp. has requested a meeting with DNR and Planning staff to discuss a proposed CR on 9B Monsen Road as part of the Purchase and Sale Agreement he has to build 8 homes on the property. Natural Heritage and Endangered Species Program (NHESP) has reviewed the proposed CR and is in favor. The area is high value with rare species habitat. The NHESP will issue a “take” letter stating that the proposed development will alter rare species habitat, and the applicant will need to file with the Massachusetts Environmental Policy Act (MEPA) unit. The Applicant will also need to obtain a Conservation Permit from NHESP.
Review Wetlands Setback Policy
The Commission will focus on the definition of a structure. The Commission will also be addressing significant adverse impact on the wetlands and what an applicant can expect and what they will need to demonstrate to the NRC when filing a NOI or Determination of Applicability. Chair Lewis will revise the document and it will be discussed at a future meeting.
Approve 10/5/11 NRC meeting minutes – tabled
Commissioner Banfield moved to adjourn. Commissioner Brown seconded. All so voted.
This meeting adjourned at 10:10 pm.
Respectfully submitted,
Cynthia Gray
Administrative Assistant
Division of Natural Resources
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