CONSERVATION COMMISSION Meeting Minutes THURSDAY May 10, :00 p.m. Stoughton Police Department 26 Rose Street, Stoughton, MA 02072

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1 CONSERVATION COMMISSION Meeting Minutes THURSDAY May 10, :00 p.m. Stoughton Police Department 26 Rose Street, Stoughton, MA The May 10, 2018 meeting of the Conservation Commission was called to order at 6:02 PM by Vice Chairman, Gerald McDonald. The following members were present: Lauren Duff William Francis Gerald McDonald, Vice Chairman John Morton (Arrived late) Steve Wilkinson The following members were not present: David Asack, Chairman J. Lionel Lucien Also present were James B. Conlon, Environmental Affairs Officer and Maura Boudrot Secretary. A Motion to open the meeting was made by Mr. Wilkinson and was seconded by Mr. Francis. All were in favor (4-0). Discussion: Glen Echo Development Committee - Progress Report of the Stoughton Glen Echo Development Project and Update; Mr. Conlon stated that this item will be continued to the next meeting. A motion was made by Mr. Francis to continue to June 7, 2018 meeting and was second by Mr. Wilkinson. All were in favor (4-0). Public Hearing: DEP # : Abbreviated Notice of Resource Areas Delineation, 379 Walnut Street, Assessors Map and lot numbers: ; ; ; ; ; ; ; ; ; & Strong Point Engineering Solutions LLC for Mr. Alan D. Cline; Continuance; Approved June 7,

2 Mr. Conlon stated Mr. Eric Dias, PE; Strong Point Engineering Solutions, LLC was present tonight to give the board an update. Mr. Conlon told the board he has been back to the site to finished some of the flagging but needs to meet on site with Mr. Dias who s waiting for their Wetland Scientist to view the site. Mr. Conlon advised he really needs the Wetland Scientist to flag especially the wetland line near Walnut Court and the west side emphasizing there isn t a lot of time left to do the surveying with the hydrology changing. Mr. Dias stated they haven t been to site yet but he intends to arrange for wetland flags to be hung in the field on the side of Walnut Court and any other stream embankments of the brook. Mr. Dias told the board his client had some issues in a few spots with the delineation and hopefully he can meet with Mr. Conlon next Thursday on the site and address his comments. Mr. Conlon stated he wants the Wetland Scientist to do the flagging with a survey and a full plan before he will meet on site, to review the wetland delineation on the west portion of the site near Walnut Court. Mr. Peter Banis Representative for the abutters was present and handed out an he had sent to Mr. Conlon dated April 1, 2018 in regards to 4 questions he had. Map parcel numbers listed on Strong Point Engineering plans do not match the Lots. Is Mr. Cline planning a cul-de-sac for Johnson Avenue? Is Mr. Cline planning an access road from Walnut Court? Is Dorchester Brook a perennial stream or intermitting stream? Mr. Dias stated there is no proposal at this time for a cul-de- sac or access road involving wetlands crossing in regards to the brook and Mr. Conlon has asked us to delineate that brook. Mr. Conlon informed Mr. Dias that he believes he stated in his letter that he required the determination of the stream status. Mr. Dias stated he doesn t believe it s a perennial stream because the watershed doesn t meet the expectation of flow. Mr. Dias further stated in regards to the maps Mr. Banis inquired about they use a Massachusetts GIS map which are aerial maps. Mr. Dias then asked for a continuance until the next meeting. A motion was made by Mr. Wilkinson to accept applicants request for continuance until the June 7, 2018 meeting it was seconded by Ms. Duff. All were in favor (4-0). A motion was made to take RDA : 7 Carson Drive, Request for Determination of Applicability, Removal of Trees, continuance; out of order by Mr. Francis and was seconded by Mr. Wilkinson. All were in favor (4-0). Approved June 7,

3 Mr. Van Nguyen homeowner was present. Mr. Conlon stated he s been to the site there s concern for 15 trees which are all in the 50 no touch zone adding he has a recommendation but noted he s not an arborist. Mr. Conlon did ask the board to refer to the letter they received in their packets from PS Tree Services, Inc. Mr. Conlon stated he didn t know if the owner of the tree service or an arborist wrote the recommendation. Mr. Francis asked Mr. Nguyen if he had a plan from a certified arborist showing the marked trees. Mr. Nguyen stated he did and showed it to the board. Mr. McDonald asked Mr. Conlon what his recommendations would be. Mr. Conlon stated he would recommend from the marked plan the following trees #2, #3, #4, #10, #12, #14, #15. Mr. Conlon advised he would need further study on trees #1, #5, and #9 that are on the right corner of the house not knowing if they could fall on the house from that distance. Mr. McDonald stated he had been to the site and marked a plan too recommending trees #12, # 13, #14, & # 15, in regards to behind the house approving #1, # 2, & #3, that are big trees and are acceptable to be removed. Mr. Wilkinson asked if any of the trees were diseased. Mr. Conlon replied # 2, # 3, & #10 are dead wood. Mr. Nguyen stated he bought the house in 2015 but his family are in fear when there s a storm the trees bend and make loud noises as if they re going to fall. Mr. Nguyen said he will do whatever the board recommends and even will replace them with different trees. Mr. Conlon advised he thinks the board should let them get started with the trees they recommended tonight stating he thinks these are the most risk to his house. A motion was made by Mr. Francis to accept the RDA for 7 Carson Drive, to allow the removal of trees # 1, # 2, #3, #12, # 13, #14, and #15, and was seconded by Ms. Duff. The vote was in favor (3-1) Mr. Wilkinson voted no. Fine Hearing for Totman Companies; 1801 Washington Street, Stoughton, MA; Wetland Protection Act and Stoughton Wetlands Protection By-law Conducting an unpermitted commercial composting located with a Special Flood Hazard District Zone A, on the FEMA Flood Insurance Rate Map; 7:42 PM Mr. Francis excused himself from the proceedings and left the room. Approved June 7,

4 Mr. William Totman, Jr., Mr. Brian Hughes, PC; and Mr. Eric Dias, PE; were present for the Totman Companies. Mr. Hughes stated he would like to give the board an update on addressing the outstanding issues telling them the 8500-gallon tank has been towed out of the buffer zone and there will be no more dwelling activity in the trailer box. Mr. Hughes further stated they will be filling with DEP and the BOH for the commercial compost permit that allows up to 10 tons per week and believes his clients doesn t come close to that amount adding they are going to stake the property line to the north. Mr. McDonald asked if they have completed the survey yet. Mr. Dias stated they have. Mr. McDonald inquired if the board had received it yet to review. Mr. Dias replied no and assure him he would have it for the June meeting and we will be filing a Notice of Intent by then. Mr. Hughes stated we are waiting for state on the LOMA and we will be filling a Notice of Intent, a lot of progress has been done this pass month with the relocation of the tank and the trailer, we are working on restorations and a maintenance plan and hope to work close with Mr. Conlon on this project and that it will satisfy the board. Mr. McDonald asked Mr. Conlon for his feedback. Mr. Conlon stated he was glad Mr. Hughes is getting involved and inquired if he has had contact with DEP stating they won t entertain the Commercial Composting Registration permit or filing until all the local issues are resolved. Mr. McDonald sated to the applicants if they wanted to continue this to the June meeting. Mr. Hughes stated they would. A motion was made by Mr. Wilkinson to continue to the next meeting in June it was seconded by Ms. Duff. All were in favor (3-0). Mr. Francis returned to the meeting. Mr. Conlon stated he would like to take out of order. Mr. McDonald asked if any representatives were present tonight for RDA : 1251 West Street tonight. Mr. Conlon stated no. Approved June 7,

5 Mr. Morton arrived : Fine Hearing for Enforcement Order for 1144 West Street, Lot 2, Andrew Werman on, New Accessory Buildings Within the No Build Zone- Continued; Mr. Conlon stated that Mr. Werman was present with his attorney Mr. Adam Brodsky Mr. Conlon did state that Mr. Werman has moved the shed out of the buffer zone and is making progress with the vegetation it s not fully vegetatively stabilized now but thinks by next month it should be. Mr. Conlon recommended to continue the hearing until next month. Mr. Brodsky stated that the plan that was recorded shows the garage in the 50 buffer zone. Mr. McDonald stated there is some confusion that was a plan from the building department that signed off on a plan which was not the Conservation Commission signed plan with the proposed garage/barn shown outside of the 75 feet buffer zone limit of the building. Mr. Adams stated he is trying to retain minutes from that meeting and would like to see those plans. Mr. McDonald stated Mr. Conlon can get them for you. A motion was made to continue until June s meeting by Mr. Francis it was seconded by Mr. Wilkinson. All were in favor (4-0) : Andrew Werman, Request for Final Certificate of Compliance, 1158 West Street; Lot 1 West Street; Mr. Conlon stated the new owners of 1158 West Street are present tonight they applied for a permit for an in ground pool that is outside the 100 buffer zone and recommends the members sign off on the Certificate of Compliance even though the fence is not located out of the buffer zone. Mr. Conlon did state the new owners stated they will allow and install permanent wetland markers on the site to the specifications of the Commission and there are straw waddles already there. A motion was made by Mr. Francis to issue a Certificate of Compliance and was seconded by Ms. Duff. Vote was in favor (3-1) Mr. Morton abstained. Discussion: Taj Estates LLC: Miraj Ahmed, Request for Final Certificate of Compliance, 1779 Central Street; Mr. Ahmed, Taj estates LLC; Robert Clark, Allen & Marsh Associates, Inc.; were present. Mr. Clark stated they completed building s 1 & 2 of the club house and phase I is substantially grass growing. Phase II currently has foundations installed and framed buildings. Mr. Clark Approved June 7,

6 stated he is requesting a Partial Certificate of Compliance for phase I so Mr. Ahmed may obtain a temporary Occupancy Certificate. Mr. Conlon stated he has walked the site on multiple occasions with Mr. Ahmed. Mr. Conlon said he did visit it today as well and would recommend a Partial Certificate of Compliance for substantial completion of phase I. Motion made by Mr. Francis to approve a Partial Certificate of Compliance and was seconded by Mr. Wilkinson. All were in favor (5-0) Spring Vernal Resource Area Survey. Mr. Conlon stated he didn t have anything but stated he was at the golf course and observed painted turtles, snakes and yellow salamander egg masses stating multiple ponds had plenty of life. Mr. McDonald asked pools at the golf course are certified. Mr. Conlon stated he saw 3 salamander eggs masses but you need 5 for certification which he said he could possibly find. Mr. Wilkinson stated let the record show no one from the public is in the room. Mr. Francis asked Mr. Conlon if there was any update on Washington Street, Stephen Goulston. Mr. Conlon stated he spoke with Town Counsel about it and their on track it will take time to search the deeds 11 parcels concerning the land donated to the Town known as Cedar Swamp. Mr. Morton stated this is taking too long for the land survey he suggested writing a letter to the Selectman, Town Counsel and Engineering department from the Commission expressing we voted on this and it is a top priory. Mr. Conlon stated he would draft a letter. RDA : 1251 West Street, Request for Determination of Applicability, Proposed Free Standing Accessory Structure; Mr. Conlon stated the applicant is not here but we need to open the public hearing for RDA A motion was made to open RDA by Mr. Wilkinson and was seconded by Mr. Francis. All were in favor (5-0). The Vice Chairman read the public hearing notice in to the record. Approved June 7,

7 A motion was made to continue RDA by Mr. Wilkinson and seconded by Mr. Francis. All were in favor (5-0). Minutes: April 19, 2018 A motion was made to approve minutes for April 19, 2018 made by Mr. Francis and was seconded by Ms. Duff. All were in favor (5-0). A motion was made at 7:30 PM to adjourn and was seconded by Ms. Duff. All were in favor (5-0). Approved June 7,

ZBA 11/27/18 - Page 1

ZBA 11/27/18 - Page 1 CHILI ZONING BOARD OF APPEALS November 27, 2018 A meeting of the Chili Zoning Board was held on November 27, 2018 at the Chili Town Hall, 3333 Chili Avenue, Rochester, New York 14624