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HomeMy WebLinkAbout2000-12-06 Conservation Commission MinutesMinutes of the, Conservation Commission J. Town of Reading Selectmen's Meeting Room - Wednesday, December 6, 2000 - 7:00 pm Present: Nancy Eaton, Chair, William Finch, Douglas Greene, Pat Lloyd, Commissioners and Leo Kenney, and Harold Hulse, Consultants. Absent: Mark Gillis, Thad Berry and Vincent Falcione. No Administrator. 7:10 PM - Meeting was called to order. 7:10 PM - Girl Scout Gold Award Project Completion. Alexis Horn, Troop 1280 reported she had finished her project with a map, which is in the packet and showed before and after pictures. Nancy Eaton asked for copy of photos for our file to use as an example. Leo Kenney suggested bringing them to school to scan into the computer and print. Commission thanked her for public service. She also did display at library of her new maps. 7:15 PM - Public Meeting RGB 2000-48 - 84 Longwood Road - John J. Kilban, Jr., proposed construction of 24' x 24' addition with 15' x 16' open deck. Mr. Kilban described his project as proposed is the construction of a 24x24 addition with 15x 16 deck. He has lived in this location about 4 years - needs to expand living space Proposing addition adding 576 square feet of living space inside plus deck. Commission site notes were given to Mr. Kilban. The Chair stated from the site visit, from her point of view, there would be no wetlands impact. Discussed standard conditions: no change in grade, excess fill removed off site, stockpiling in front of structure away from resource area; stabilization of site, and no need for erosion controls. No one else present spoke on the project. There being no further comments from commission, Doug Greene moved to close the Public Meeting, seconded by William Finch. Vote: 4-0 in favor. Pat Lloyd moved that the Commission issue a Negative Determination with the conditions discussed above. Motion was seconded by William Finch. Vote: 4-0 in favor. 7:21 PM - Beaver Dam and Flooding between Landfill and Track Road. The Chair said state changed the statute and regulations and the Board of Health now does the certification of whether there is a public health issue. The Commission did site visits and tried to approach from rear - saw extensive flooding. Leo and Nancy did additional site visits, now 1 foot of standing water at bend of Torre and Track Road. John Carlton, property owner, allowed Leo and Nancy to visit through his yard and they were successful in finding the dam, 20 feet across, with slight break with water overtopping of the dam. Members have concerns. Jane Fiore, RN, Reading's Health Director, reported the Board of Health meeting will be on December 14 and she is collecting data for the board, which will discuss it at their meeting. Also discussed with the local health director - ----who helped to write regulations to-getexact legal ramifications to deem health emergency. Their meeting is at 6:00 PM and on the agenda at 6:30 p.m. She did visit 2 Elm Street and has concerns about the water. Standing water not a good thing for viruses and bacteria, plus concerns with depth for child drowning, rodents, and communicable diseases. The Board of Health needs to look at sewer, septic issues. She's gathering information from residents of the street. Mr. Carlton, Track Road, wanted to know what happens next and is worried about water continuing to rise. The Chair said local residents can apply to the Board of Health for a 10-day emergency permit, extendable to 30 days for certain types of traps to trap the beaver. They can then make an application to state fish and wildlife department if the issue is not resolved. Applicant has to demonstrate at that stage they have attempted to resolve the problem with non-lethal techniques that had failed. The Conservation Commission must approve these non-lethal techniques as the work is within wetlands. The Chair described the beaver situation last year off Lowell Street, which took many months before it became a flooding problem. At that time conservation received permission from the State Department of Fisheries & Wildlife and then issued an emergency order to breach dam and install an overflow pipe. Breach is only a temporary activity and if the beaver are not removed will continue to repair the dam. To solve the issue in this area, several things need to be done in tandem. Based on the site visit, the dam is on town property. The Town Manager said he was willing to be guided by boards as to what should be done. He could change his mind, but the trigger is the declaration of emergency by the Board of Health. The Chair talked to the DEP Circuit Rider advisor for clarification on non-emergency permit procedures. They couldn't find regulation 321 CMR 2:02(6), which seems to apply to this procedure. The Commission needs to find out procedurally if town manager can request as a nonemergency matter to breach the dam and put overflow pipe in. Board of Health can authorize trapping, but then need a trapper to come in. DEP is certifying people and will have lists available, but she stated she doesn't know who they are or what they charge. Rita Robinson, 9 Elm Street, expressed concern about potential property damage and flooding. Her main concern is the sewer system that tends to overrun. She has had to leave home and get shots when this happened before and wants to prevent it before it gets to the point it did in March 1993. Then, the town accepted some liability for that. Her other concern is that this is the dry season and she can't walk in her backyard. What will happen in the wet season because ground can't hold any more water? She is trying to prevent a disaster in spring. Paul Robinson, 9 Elm Street, said the water level is where it's at in the wet season. Just one heavy rain and it will flood everything, overtop Eaton Street and it will ice up, and there will be a disaster with icy streets. Never before in eight years has it been this bad this early. Rita added the issue made newspapers because of the rodent problem due to wetlands encroaching on road. Kathy Haverly, 9 Smith Ave, said in IS years, when water comes up, it comes up to edge of property line. It has come into yards previously and her basement floods. She was surprised that the water was so high and close to road. Water is also high at Reed Wax --Factory at Pleasant-Street Foundation and retention pond filled last-spring-at low-income housing project. Drains are high and feels ballpark will flood. Chair said Engineering is planning a sewer project at Eaton Street, so groundwater infiltration of sewer pipes is an issue that the Town is dealing with. Ken Beech, 13 Elm Street, said in 33 years, it is the worst he's see at this time of year. It looks like it does in March or April. He has two sump pumps in cellar, but water is coming up to back door, so there is nowhere to pump it. He gave Mrs. Fiore flood photos from 1996 and is concerned if there is rain or snow, that he would have problems. Mrs. Fiore gave Elm Street residents a draft copy another board of health is using for beaver removal. She'll also give out copy of regulations as well for board of health. Resolution is more difficult when two boards are coming together. A very important point that won't be decided until December 14 is criteria to use for threats to human health and safety. There's a little bit of subjective understanding of what can happen in mud season. She's looked at maps for weather for next couple of weeks. A rainstorm over weekend is predicted, but by the meeting, they will have more edification on the new law. She stated if the Board of Health declares a Public Health Emergency and approves trapping, it is the financial responsibility of neighbors to remove beaver. It is the responsibility of property owner, i.e., the town, to remove the dam. Waltham, Lexington, Wakefield all have beaver problems. This is a new law, so we need to proceed carefully. She noted a willow tree showing water 10 %2 inches up the trunk. There is more water than in a long time. Town Boards have from now until December 14 to obtain as much information as they can. The Chair noted you can't just do total release of dam because people downstream will get flooded. The release needs to be gradual, not during a storm event, because it would cause additional downstream flow. A number of things have to be balanced. We're all trying to find our way in implementing the new regulations. Mr. Robinson asked why town is not paying for trapping if the dam is on town property. Ms. Fiore said when she talked to state officials, she was told people who are affected by water are the people who need to remove the beavers. The property owners where the dam is located need to deal with the dam. Mr. Robinson said, "But it's a town built drainage ditch." The Chair said it was an area where a drainage ditch and two brooks merge. The actual dam is at the rear of the former landfill. Eaton said what was surprising was they only found one small tree cutting, not more. They couldn't find lodge, just dam. She informed residents the dam is built to keep water to certain level so house stays flooded to a certain level. If humans break the dam, beavers will fix it. Will Finch indicated in long run, some type of diverter pipe needs to be installed because beaver won't go away, but can put in pipes to lower water levels to agreed upon level to minimize flooding. Eaton said we're still trying to sort out what Conservation's role is versus the Board of Health. Hopefully everything will be in place by the time of the Board of Health meeting. Russ Dean, Assistant Town Manager, and Department head for both Conservation and Public Health, said they town would be as responsive as it can. They're down there. No one is sitting on their hands. He encouraged everyone to attend Board of Health meeting on December 14. 4 7:55 PM - Continued Public Hearing, DEP #270-342, RGB #2000-39, Off Fairchild Dr./Van Norden Road, PRZ - proposed construction of two access roads and six single family homes. Applicant apparently sent a letter, which has not yet reached the Commission requesting a continuance. Attorney O. Bradley Latham signed a request for extension until January 10 at 7:30 PM. Will Finch moved to continue the Continued Public Meeting until January 10 at 7:30 PM with no further notice to abutters. Doug Greene seconded. Motion approved by vote of 4-0. Chair gave Brad copy of Heritage's certification of pool and Vernal Pool Fact Sheet. Leo Kenney stated Natural Heritage reported all of this material had been sent to Jim Bolduc in September. 8:02 PM - Continued Public Hearing - DEP#270-287, RGB #1996-15,10 Cory Lane - Proposed Amendment to modify limit of work and grading. Chair stated how hearing would proceed and interested parties were sworn. She summarized the outstanding issues: whether there needed to be a retaining wall between lots or whether there was sufficient room for 3 to 1 grading. Another issue was enlarging the yard and a conservation restriction. Kevin Emory testified that since the previous hearing he had determined that the 3:1 slope could not be met where it joins Lot 1 Cory Lane Extension. An engineer shot grades and said the 3 to 1 couldn't be met. Now, a 40- foot retaining wall will be necessary. Maximum height will be 4 feet down to 1 foot. Now shorter retaining wall than originally approved. The Commission had requested measurements for distance of activity to oak trees and conservation restriction limits to be placed on the plan. The limit of grading does not go into restricted area. Now applicant is proposing wall of railroad ties and what had been approved was concrete. Kevin said proposed wall is also shorter and is proposing stakes tied.together. Mr. Emery stated grading in back goes out at 3 to 1 grade. He said Karen never gave him a draft of the conservation restriction, but Kevin has an old one at home for his lot. Nancy Eaton advised he start working on conservation restriction now. We need proposed draft signed, which we'll send to state and we need to sign as well as Town Board of Selectmen. Nancy said she'll get him most current version of conservation restriction and leave it for him to pick up at the office on Monday. Leo Kenney said bounds would be required at edges of conservation restriction. Nancy said Commission would provide signs to be affixed to bounds. Kevin said he'll have everything else done except seeding and bounds before winter. Kevin said he'd try to do it in next couple weeks. He was informed order could not be issued until the next meeting and then there was a 10-day appeal period. Will Finch said applicant wouldn't get certificate of compliance until spring. Finch wanted to make sure wall went through building permit process because he has concerns about the durability of the wall. Emery said he extended local Order of Conditions a few months ago. State permit expires next September. There was no public input on the project. Will Finch moved to close hearing. Doug Greene seconded. Motion passed by a vote of 4-0. Doug Greene moved that the Commission approve Amended Order of Conditions for extension of grading in rear, changes in retaining wall on right-hand side and Conservation Restriction with the draft Order of Conditions to be reviewed and issued at the next ----meeting. Motion was seconded by Will Finch. Vote: passed 4=0. - - - - - - 8:20 p.m. Old/new business 8 Strawberry Hill Lane - corrective plantings. Chair stated she had not been out since Karen resigned and don't know if they were done. Latest correspondence was in the packet. Sunset Rock OOC Compliance. No new as-built plans have been received. Consensus at last meeting was not to release bond until we received a plan we could approve. Community Preservation Act. Chair said she submitted results of town meeting survey on CPA to the Board of Selectmen. One of the seminar sessions at MACC will be on local implementation of the CPA. MACC Annual Meeting. She asked Assistant Town Manager how much professional development funding remained for Commissioners to attend the MACC meeting. He doesn't know if there's the money there. The Chair asked him to convince finance committee to transfer funds from recording secretary position to professional development because we don't have any recording secretary. Mr. Dean said it wasn't a bad idea, but would take town meeting action. Nancy, Doug, Will and Pat are going. Leo has table and is speaker. Interviews: Russ said Town had received 17 applicants for Administrator's position with a diversity of backgrounds. Interviews will start on Friday. 8:30 PM - Public Meeting RGB #2000-49 Walkers Brook Drive (Landfill):- Dickinson - Proposed Soil Test Borings. Russ Dean, Assistant Town Manager and Town Planner Anne Krieg were present. Mr. Dean stated the meeting on 12th is joint meeting with Board of Selectmen, Community Planning Development Commission and the Conservation Commission. Nancy Eaton distributed a copy of regulations that she thought would need to be addressed at the Notice of Intent filing, so applicant know what the regulatory issues are. Brad Latham, attorney for Dickinson, introduced Mark Higuera, Dave Pickart and Ed Shaw, and he requested they be permitted onto landfill for limited activity to test soil. Dave Pickart, senior environmental advisor for DDC, said the purpose of this meeting is to obtain permission to do borings to examine site. They need to answer this question early on in the process. Not trying to be piecemeal in the presentation of the project, but trying to go about doing it right. He believes test pits are exempt, but coming before us. Dave oriented us to site plan, indicating boundary of wetlands was determined by Conservation in 1997. This line has expired and was told by the Chair for the purposes of the test pits, using that boundary was fine. Plan also shows buffer area and riverfront areas. There will be 14 test pits in the buffer zone or 200-foot river area, which will be minor, temporary disturbances. They will put in staked haybales at downgradient limits. Bring wetlands and no spill allowed in wetlands. They will backfill excavated material, restore 6 area with loam or organic compost with an erosion control mix containing indigenous plants and break up haybales. Where there are steep banks, erosion control mats will be used. Depending on outcome of test pits, small hand borings in BVW may be needed using a hand instrument like a sharpshooter and digging a hole, like what is done when soil samples are done to establish limits of bordering vegetated wetland. They will replace soil. In no instance will hand holes be dug below water level. Mr. Pickart also said they wouldn't be going into areas that are flooded by beaver activity. He said he wanted to satisfy procedural issues and agreed the scale of plan was larger than usually allowed by the regulations. He submitted a written waiver request form. He also included new copies of the plans stamped by professional land surveyor. The Chair inquired about the size of pits and whether symbols are representative or to scale. If they want to increase size of pit, will they just dig further? Mr. Pickart said the squares represented the general locations and they won't be excavating anywhere else. He said the area of the box was the maximum limit. Generally set up at edge of resource boundary. Machine will go toward boundary. If find there is still trash at the edge of the excavation, they will switch to digging by hand on other side of hay bales. The Chair pointed out that activity said that wasn't included in application. Mr. Pickart said the only work that would be done in the resource area would be with a hand-held device and requested we look at it as the same as the method used for digging a soils test pit for delineating wetlands. Eaton also asked about size of "reasonable" tracked equipment. Mark Higuera, project engineer, said he anticipated pits no deeper than 15 feet in the ZNV. Some test pits higher in elevation will be no deeper than 25 feet with CAT 325 with 24-inch bucket with reach of 25 feet. Chair asked who is going to do the work, in- house workers or outside contractor. Haley and Aldrich, their geotechnical contractor, will do the work. Dickinson staff, Mark or assistants from VHB, will also be on site and Conservation Commission will be notified. He explained the different departments within VHB. They all work for same company, but Pickart's department specializes in environmental aspects. Pickart said work would be done ASAP. Entire test plan will be completed in 2 to 3 days, weather permitting. Russ said in the Town's agreement with Dickinson, there was a 48-hour requirement to be noticed for work on site. The Chair noted the Conservation Commission requires approval of erosion controls before work starts and inquired how long the erosion control line would be. Pickart said there would be an arc around each pit where haybales would be used. The Chair asked how the safeguard would be implemented to buckets won't be swung over the wetlands. Pickart said onsite personnel would ensure this through the placement of equipment. Eaton also noted their submission says seeding will be done to restabilize the area but the work will be done in winter and seed will not grow. Pickart said it would be hay mulch and dormant seeding. The Chair pointed out Riverfront regulations 310 CMR 400 (5)(e). Area of future work should not exceed the amount of degraded area. She said in the NOI filing we would be looking at where the cap has to extend to or how far debris is. When relocated the stream, from the stream the debris is. Will test pits give enough points to accurately show where 7 limit of fill material is? Pickart said Haley and Aldrich determined position of pits and this was combined with other information available. He said the capping cost is so prohibitive, that they will only go to extent necessary. Russ Dean said we should know Haley and Aldrich has done lots of work there for the town already. Haley is now lead technical contractor on site. The Chair asked what would be done with the excavated material. Pickart said it would go back into the hole. If bank is rip-rap reinforced, they will roll back the stone and return it. Activity is purely visual testing. Attorney Latham said they would be generating reports for landfill closure requirements. Eaton asked that a copy of any results be submitted to the Conservation Commission. Issues for negative determination are: inspection of erosion controls, someone on site to monitor and inspect while work is in progress and a copy of reports or plans generated as a result of the work. The Chair requested a written document to expand scope of work to hand digging in the resource area. The order would be held subject to receipt of letter requesting the addition of hand digging. Doug Greene asked about permafrost and rain. He said there would probably be a real erosion problem so haybaling is essential. Eaton said she or staff would look at each area on site and determine whether they can use hay bales for erosion control and then use for blanket. In some steep areas, some hay bales need may need to stay in place. There were no audience comments on the project. Will Finch moved and Pat Lloyd seconded a motion to close the Public Meeting. Vote: 4-0 in favor. Will Finch moved and Doug seconded a motion that the Commission issue a Negative Determination with the additional conditions of inspection of erosion controls, town observer on site to monitor and inspect, copy of reports and written request to expand to hand digging if necessary. Vote: 4-0 in favor. Pickart will fax letter to Russ Dean. 9:05 PM - Public Meeting - RGB 2000-50 - 281 Main Street, Estate of Emil R. Weretelnyk, proposed surface sediment sampling and bioassessment. Mark Welsh Green Environmental from Quincy, MA, requested to complete Phase II environmental site assessment for Walkers Brook due to evidence of releases of pesticide residue. Found minor ground water impact as well. To complete, they must sample in wetland areas. Hand equipment involved for shallow samples for chemical testing and quality of life testing for critters. Potential for disturbance is very minor. Four to eight ounce sample of material will be taken in five locations to cover the area. Chair asked if they had sampled uplands. She was informed the site used to be gas station and to be alert for the potential problems from that. Welsh said the prior gas station site was adjacent, and they didn't find evidence on that side. Dennis O'Driscoll, attorney for the estate, said next door is now Tux place, and in 1995, that site was tested. The gas station situation was addressed at that time by removal of tanks. Chair said she was unclear as to whether there was subsurface petroleum contamination. Welsh said there is petroleum in insecticides mixture and that's what they found. wetlands were approved by commission. She said she had correspondence. Nancy said 8 she wasn't aware of any filings. Phase I filed in October 2000, according to Kristen and work is still in an investigatory stage. No timetable for submission, except that within two years of the Phase I filing. Applicant is trying to finish Phase II. Eaton asked for a file copy of earlier material because we were unaware of earlier tests or activity. This information will be needed for any remediation plan. Anything within 100 feet of resource area would require a filing. The Chair suggested they get a copy of the local bylaw. Welsh said they would envision work happening in spring because species need warmer weather, sometime in March. Potential for heavy rain. Eaton asked if macroinvertibrates will be swarming at that time. Kristen said hopefully. Mr. O'Driscoll said initial sampling was done and source was probably New England Forestry Service as a result of changing oil in trucks and dumping out back. There is also a pesticide problem. Filed everything with DEP in October, but have been getting all information for the last year. Dennis said 281 Main is their Post Office Address. 287 is the tuxedo place. Artist shop and garages are part of site where work is being done. Work will be done by a contractor specialist and it will be her job to look at information. Doug Greene asked what kind of rapid bio assessment would be done. Welsh said fine filter run through will be done to see whether expected life is there. Greene said if analysis is done to species level, we would be interested in knowing what was in there for Reading's biodiversity list. The Chair asked if there was any potential hazard between now and spring waiting for the work to be done. Welsh said the problem's been there for more than 3 years. Eaton asked when underground storage tanks removed on adjacent property. Attorney O'Driscoll said 1995 and there was also a tank removed on their side in 1995. Hopefully new administrator will be on board by March at time of samplings to be on site. Eaton requested the Commission receive copies of past filings with DEP and future ones and should be filed before filings for remediation plan. Welsh clarified he was LSP. He has BS in Chemical Engineering, has worked for DEP, and managed hundreds of sites. He is also a Registered Professional Engineer. Eaton asked for resumes for all individuals associated with the work to be submitted for the file. There being no further questions or testimony, Will Finch moved to close the Public Meeting, seconded by Pat Lloyd. Vote: 4-0 in favor. Will Finch moved, and Pat Lloyd seconded, a motion that the Commission issue a Negative Determination with 48-hours notification before the commencement of work and submission of all reports and resumes to the commission. Vote: 4-0 in favor. 9:30 PM - Comprehensive permits 45 Beacon Street -10 unit detached housing development. Town Planner Anne Krieg asked if Conservation had any input for this project. Wetlands seem to be well off the property. However, outstanding issues relating to drainage. This is a steep area. How can units be placed to minimize grading and erosion so there will be minimum impacts to area? She will give us copy of plan to see if we have any formal comments to Zoning Board of Appeals. Eaton said she didn't know if any drainage pipes emptied into wetland, and that would make it jurisdictional under --the local. We need info from DPW about-where drainage goes. 9 Krieg also noted another comprehensive permit was just filed for 1375 Main Street, a couple of properties up from Video Expo going the north. This 40,000 square foot parcel abuts private lots on Gavin Circle. Karen Mullins was looking at it, thinking there might be resources off site. A 10-unit, three-structure project is proposed. If time before next meeting to look, we'll get copy of plans. Eaton said she thought there was a certified vernal pool in the vicinity. Approval of the Open Space & Recreation Plan. Eaton said this item was omitted from our agenda. The Task Force meeting on December 13th will have review any comments received. The beginning of the Plan is background history. She recommended members look at Sections 7, 8, & 9 for the goals. Some maps haven't been updated from the 1995 plan. GIS maps being printed. State has not yet put soils on GIS. Members agreed to take draft of plan and look at it. Copies were given to Pat and Doug to look at it. Please get comments to Nancy before 13th. Plan must be submitted to major Town board for approval. We can make presentation at some point before board of selectmen if they desire. Eaton asked when approval of the plan would be on the Board of Selectmen agenda. Russ Dean said Board was looking for other boards input first. Eaton said schedule for next meeting at this point, we will have several sets of old minutes to approve and issue an Order of Conditions for Corey Lane. At this time no other filings have come in. 9:45 PM - Executive Session: Will Finch moved and Doug Greene seconded a motion to go into Executive Session for the purpose of discussion litigation with respect to the appeal of our Order of Conditions for the new school at the end of Sunset Rock Land and Roma Lane, not to return to public session. Roll Call Vote: Will Finch - yes; Nancy Eaton - yes; Doug Greene - yes; Pat Lloyd - yes. Assistant Town Manager and Town Planner were also present as staff liaisons in absence of a Conservation Administrator. Public Session was adjourned at 9:45 PM. Re ectfully su in-meted, Patricia Lloyd, Conservation Commissioner CEIVED Minutes of the Conservation Commission - Executive esdik1 CLERK Town of Reading - Selectmen's Meeting Room A I N G MASS. Wednesday, December 6, 2000 2001 FEB 13 P 4: 2 9:45 PM- Executive Session: Will Finch moved and Doug Greene seconded a motion to go into Executive Session for the purpose of discussion litigation with respect to the appeal of our Order of Conditions for the new school at the end of Sunset Rock Land and Roma Lane, not to return to public session. Roll Call Vote: Will Finch - yes; Nancy Eaton - yes; Doug Greene - yes; Pat Lloyd - yes. Assistant Town Manager and Town Planner were also present as staff liaisons in absence of a Conservation Administrator. The Chair noted abutter at Lot 7 Sunset Rock appealed our Order of Conditions for school project at the end of Sunset Rock. Their letter from Hayes Engineering did not include some documents we reviewed and used to base our decision on. Also, owners of lot 7 refused to let school surveyors on property and Presidential has failed to provide an accurate as-built plan. Also, they have listed in their appeal issues not raised at the commission meeting. She stated she felt the Commission made the right decision and we had worked with the applicant to create a significantly improved plan. DEP will do site visit and decide whether to issue superseding or approve our order. We did everything we could to address drainage issues. She also noted the time for appeal under the local bylaw was 70 days and DEP was only 10, so that appeal period is still open. She asked whether the town needs separate counsel for school and conservation. Russ Dean said some info has been gathered from different groups as to what cases the old law firm will be keeping and what cases the new firm will pick up. Russ is looking for input on whether to keep old firm on cases. Eaton said because this was a new case, it would make sense to go with new counsel. Usually when appeal is done for positive decision, the applicant bears burden of upholding decision, but commission is party. Eaton said DEP will look at project in its entirety, not just the issues raised by the Molas. In other litigation, the school has used separate counsel. Will Finch said he tried to review appellant's argument on drainage, but they're splitting hairs and thought DEP will agree with us. Doug said our numbers of seven inches of rainfall for the 100- year flood will look better. They were complaining it wasn't a detention basin because it may be filled during one-year storm event. Eaton noted the engineer who wrote the opinion letter to DEP is also the engineer who has failed to finish an accurate as-built plan for the Sunset Rock subdivision. Applicant is represented by Mark Favaloro, Esquire. Pat Lloyd moved and Will Finch seconded a motion to close the Executive Session and adjourn, not to return to public session. Vote: 4-0 in favor. Respectfully submitted, Patricia Lloyd, Conservation Commissioner