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Board - committee - commission - council:
Conservation Commission
Date: 2021-02-10 Time: 7:00 PM
Building: Location:
Address: Session: Open Session
Purpose: Zoom Virtual Meeting - Version: Draft
Conservation Commission Meeting
Attendees: Members - Present:
Chair Michael Flynn, Vice Chair Annika Scanlon, Scott Keefe, Martha Moore,
David Pinette, John Sullivan
Members - Not Present:
Carl Saccone
Others Present:
Jack Sullivan, Tom Peragallo, Demetra Tseckares-Restuccio, Katherine
Svirsky, Sean Ewald, Joe Bankovich, Mike Rivers
Minutes Respectfully Submitted By: Jacquelyn LaVerde and Chuck Tirane
Topics of Discussion:
This meeting was held remotely via Zoom.
Chair Michael Flynn called the meeting to order at 7:05 pm.
1312 Main Street Mao 51 Lots 79 83 DEP File No 270-0738
The public hearing was re-opened. At a previous meeting, the Commission requested that
the applicant work with a third party consultant, LEC, to review the wetland delineation and
review whether an isolated wetland existed. lack Sullivan, the engineer representing the
applicant, reviewed the new revised plans, based on LECs assessment, showing some new
flag locations, the isolated wetland, and the adjusted 25-foot and 35-foot buffer zones.
With the revised delineation, trees that were previously not within the 100-foot buffer zone
are now, and the plan now includes a summary of trees to be removed within 100 feet of
the resource areas.
Mr. Sullivan stated that he mostly agreed with LECs findings, except on the rain garden.
The rein garden is designed at two-feet above the season high water table to the bottom of
the planting at the filter fabric layer. However, LEC believes the measurement from the
water table should be two feet above the bottom of the planting media and soils. Tom
Peragallo of LEC explained that the rain garden does not appear to have two feet of
unsaturated zone during the seasonal high water table and suggested that a constructed
stormwater wetland would work better.
The Commission discussed at length the design and function of the rain garden with Mr.
Sullivan and Mr. Peragallo. Mr. Sullivan argued that the season-high water table will not go
above the 201 foot elevation, and the bottom of the filter fabric is at 203 feet. By his
calculations, the rain garden should drain within six hours of a 100-year storm. Demetra
Tseckares-Restuccio, the landscape designer for the project, noted that all the plants chosen
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for the rain garden are plants that can be saturated for hours or days, then go completely
dry, and would provide a habitat for bugs and song birds.
Abutter Katherine Svirsky of 44 Chapel Hill Drive asked how the water table might change
with the new structures and removal of earth and retaining wall, and if the change in water
table will affect the way the water rises in the area. The Commission explained that the
water table did not change. A wetland was missed in the original plan. The rain garden
was designed to capture overflow from the infiltration chamber that captures runoff from
the parking area. The drainage features added should help direct water better and improve
current conditions.
Following discussion, the Commission agreed that the design was acceptable.
Motion to approve the revised plan as presented for NOI 270-0738 by Mr. Pinette,
seconded by Ms. Scanlon. Roll call vote 7-0-0.
The order of conditions will be prepared for the next meeting on February 24th.
4 Cold Sorina Road Mao 27 Lot 404 RGB File No. RDA 2020-1
The hearing was continued at the applicant's request.
Motion to continue RDA 2020-1 by Mr. Pinette, seconded by Ms. Scanlon. Roll call
vote 7-0-0.
38 Wescroft Road Mao 10 Lots 242 DEP File No. 270-0740
Mr. Flynn re-opened the Public Hearing. Homeowner Sean Ewald presented revised plans
with changes as requested by the Commission at the last meeting. The stockpile area for
excavated material was added to the front yard outside the 100-foot buffer zone. New
stairs going to the deck were added to the plan. According to the engineer with BSC, the
roof runoff and sump pump outlet could be managed with downspouts and splashguards.
Construction access was noted on the right side of the plan and 12-inch mulch sock will
protect the resource area at the back right side of the yard. Foundation dewatering will run
through a filter bag.
The Commission requested a stamped plan with the location of the sump pump discharge
added, and agreed to close the hearing and issue the order of conditions at the next
meeting.
Motion to close Abbreviated NOI 270-0740 with provided changes by Mr. Pinette,
seconded by Ms. Moore. Roll call vote 7-0-0.
77 Arcadia Avenue Mao 14 Lots 48 DEP File No 270-0741
Mr. Flynn opened the Public Hearing. Jack Sullivan was present with homeowner Joe
Bankovich with a request to construct an in-ground pool with patio pavers, fencing, and
limited site grading within the 100-foot riparian buffer zone, and within 200 feet of a river
front. Mr. Sullivan stated that under Massachusetts DEP, this is considered an exempt
minor activity within a riverfront area that allows for decks, sheds, patios or pools, as long
as the house was constructed prior to 1996 and the activity is more than 50 feet away from
a river front on previously disturbed land. The house was constructed in 1956 and the
proposed pool is situated 51 feet away from the bank. No trees will be cut down and the
pool will be installed in an area that is existing grass.
Construction access will be at the left hand side of the driveway with erosion control, and
there will be no soil stockpiled, as all excavated material will be removed directly. The
fence will be a four-foot high aluminum fence with spindles suitable for wildlife passage.
The area outside the patio will remain grass and the pavers will have enough spacing for
infiltration.
The Commission expressed concern with whether the project could be considered an
improvement of the area proposed to be redeveloped. Mr. Tirone will contact the DEP for
clarification to see if this project meets the performance standards for the regulation.
Motion to continue NOI 270-0741 by Ms. Scanlon, seconded by Mr. Pinette. Roll
call vote 7-0-0.
Old/New Business:
Town Forest Red Pine Die Off Walk Discussion
Ms. Moore and Mr. Tirone reviewed their site visit with the Town Forest Committee to look
at four areas where red pines were dying. It was clear that many of the trees were not in
good shape. The forester said they had a scale insect infestation and there is a fungus
attacking them, and suggested that the trees be taken down to allow new growth to fill in.
The trees are stressed because they are in close proximity to each other and cannot fight off
the scale and fungus. The areas will be visited again in the spring because it will be vernal
pool season, and the locations of vernal pools can be identified. Whether the trees can be
removed or just cut down and dropped will depend on the regulations because some of the
trees are close to resource areas.
The next Town Forest meeting is scheduled for next Tuesday, where they will be discussing
this project. Town Forest Committee Chair Bill Sullivan requested that the Conservation
Commission appoint a member to attend the meeting and act as liaison for this project. Mr.
Throne and Ms. Moore volunteered to attend.
Coakley Way Occupancv Sian Off Letter
Bill Crowley, the developer for the project is seeking a certificate of occupancy. However,
Conservation does not sign off on occupancy until it has had the chance to inspect, but that
cannot happen right now because of snow on the ground. Mr. Crowley agreed to submit a
letter to the Commission understanding that the project is still subject to Inspection in April
and will need to respond to the Commission's comments at that time. The order of
conditions calls for the removal of invasive plant species and removal of trash and debris.
The Commission still holds a bond on the project in case work still needs to be done or trees
need to be replaced.
Vote to accept Lot 2 102 Haverhill Street Chimney Hill Real Estate LLC
The Commission needs to approve the deed for the 12 acres of land that the applicant
transferred to the Town's Conservation Commission. It is a large portion of land that
connects to Timberneck Swamp. Though there are no plans at this time, there is a lot of
land available that the Trails Committee may have a proposal for someday.
Motion to accept Lot 2, 102 Haverhill Street, Chimney Hill Real Estate LLC by Ms.
Scanlon, seconded by Mr. Pinette. Roll call vote 7-0-0.
Review Stormwater Bylaw Changes
Mr. Tirone reviewed the proposed changes to the Town's stormwater bylaw. The MS4
permit came out in 2003, and was revised in 2016, but immediately brought to court. In
2020, the revisions that came out of the court case were incorporated into the new
stormwater standards. As a result, the MS4 permit has gotten more stringent. Town
Counsel assisted in revising the Town's stormwater bylaw by removing the wetland
protection act exemption because new stormwater standards are not stringent enough to
meet the requirements of the new MS4 permit, and the Conservation Commission will
become the permitting authority on projects within its jurisdiction. There are also some
definition changes, such as common plan that allows subdividing lots. But if a house is on a
site that was subdivided from a one-acre lot originally, all lots are considered as part of the
stormwater bylaw and those standards will need to be met. Once the DEP updates their
stormwater regulations to be the same as the MS4 handbook, the exemption will be back in
effect.
The Commission was tasked with reviewing the changes and making comments, which Mr.
Tirone will forward to Town Counsel.
Administrator's Report:
445 Pearl Street Michael Rivers
At the last meeting, the Commission asked Mr. Rivers to consult with a professional to put
together a plan to stabilize the bank, clean out debris, and restore the stream that runs
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through his property next to his house. Mr. Rivers stated that he spoke with his engineer
who recommended Mary Rimmer, who he plans to call. He is also waiting on a consultant
from DEP.
The Commission agreed with the direction in which Mr. Rivers is heading and asked that he
come to the next meeting with his consultant to present a plan to restore the area. Ms.
Scanlon expressed concern for erosion and further degradation of the bank until the issue
can be resolved. Mr. Tirone stated that he will keep an eye on it.
Minnow change needed to correct 103 Haverhill Street to 102 Haverhill Street.
Motion to approve the meeting minutes of 3anuary 13, 2021 as amended by Ms.
Scanlon, seconded by Mr. Keefe. Roll call vote 7-0-0.
Last Minute Reminders:
Mr. Tirone asked the Commission if they would like reports on how much has been spent on
projects such as Smith Oil and 1312 Main Street. He will add the items to the next agenda.
Mr. Pinette stated that he has not seen any cars parked between the building and the
dumpster at Perfecto's. Mr. Tirone noted that the sign appears to be back up.
Ms. Moore noted that 1503 Main Street still does not have the DEP sign posted the way it
should be. She also confirmed that Mike Hannaford and his crew were the ones who
cleaned up the downed tree on the trail between Matera Cabin & Maillet and thanked him.
Motion to adjourn by Mr. Pinette, seconded by Ms. Moore. Roll call vote 7-0-0.
Meeting adjourned at 10:29pm.
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