Town of West Bridgewater CONSERVATION C OMMISSION. 65 North Main Street. 16 May 2017 Minutes

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1 Town of West Bridgewater CONSERVATION C OMMISSION lst Fl. Conference Room, Town Hall 65 North Main Street 16 May 2017 Minutes 6:30 PM Chairman Tim Hay (TH) called the meeting to order with Commissioners Lee Anderson (LA) and Moe McCarthy (MM) present. Alternate members Ryan Byrnes (RB) and Paula Bethoney (PB) were also in attendance as were Agent John Delano and Secretary Kitty Doherty. MM / LA motioned to approve Minutes for 2 May 2017 as presented, so voted. New public hearings: I 09 Spring Commons; Amend OOC (SE ); Driscoll Engineering I Jack Peters, to review revisions made to the design during the Planning Board process and determine if they are subject to the WPA. TH read the public meeting notice into the record, with a request for continuance. MM I PB motioned to continue the Public Hearing to 6 June 2017, so voted. 125 Bedford Street; NOI (SE ) Silva Engineering I Greg Maroney, to construct a single family home, driveway, and septic with associated grading within the buffer zone to a previously approved wetland. Consultant Larry Silva submitted abutter notification cards and represented applicant Greg Maroney for this public hearing. In 2009 this lot had been approved as Mahonev 's Place; an Order of Conditions (OOC) was duly recorded at the Plymouth Registry of Deeds but then the lot was never developed. That OOC has now expired. The applicant must file for a Certificate of Compliance (COC) in order to get this original lien removed from the deed before the commission can issue another OOC for this same project. The mitigating Conservation Easement (CE) required in the original OOC was also recorded at the Plymouth Registry of Deeds in The original WL delineation flags have been refreshed, and the same plan brought back for a second approval. The applicant needs a waiver to work within the 50' buffer to an isolated vegetated wetland, and the engineer needs to submit the proper FIRM map as part of the NOI application, plus submit Stormwater Management Plans. TH asked about an old access easement that shows up in the deed; Mr. Silva has no knowledge as to why this cart path is referenced on the deed. There is no way to extinguish this easement because it is also on someone else's deed. LA I MM motioned to continue the Public Hearing to 6 June 2017, so voted.

2 Continued public hearings: 252 Pleasant Street NOI (SE ) Silva Engineering I Treviicos Corporation: to construct a gravel parking area and drainage basin for a commercial office I warehouse building within the buffer zone to a previously approved wetland; This project had stalled since it was last discussed before the commission. Consultant Larry Silva said that an application has been made to ZBA; the challenge is that some of the proposal permits have expired, there are minor changes in the current proposal, and ZBA wants additional information about the site. Mr. Silva asked to continue this hearing to the 20 June meeting in order to gather all of the requested material. MM I PB motioned to continue the PH to 20 June 20I 7, so voted. 200 Spring Street NOI ( SE328-7I 7) Collins Engineering I David Trojano, to construct an addition to a single family home, requesting a waiver for 120 sq.ft. to be within the 50' buffer zone. David Trojano explained his decisions regarding his home addition request. Rather than install a permanent but visually interruptive PVC WL delineation line throughout his property, he offered to deed a hiking trail easement in accordance with M.G.L. Chapter 2I; Section C as mitigation for past WL encroachment; he submitted a map depicting a new 5' wide walking trail down the side of his property through to town-owned conservation land on North Elm Street, known as Woodchuck Chase. Green posts will mark the WL; Open Space Committee will blaze the trail. Mr. Trojano is concerned about impacting the neighbor's privacy, thus will also establish a hedgerow of appropriate plantings to screen public activity along the new trail. MM / LA motioned to close the public hearing, so voted. MM / LA motioned to issue an OOC, so voted. MM / PB motioned to grant the waiver to work within the 50' buffer, so voted. 0 Belmont Street: ANRAD (SE ) Frank Rebelin I William Adams, Trustee, to verify that the wetland border identification as flagged is subject to the Wetlands Protection Act. The applicant requested a continuance to allow time for the WL consultant to finish the review. PB / MM motioned to continue the PH to the next meeting, so voted. Lamp Post Estates subdivision NOI; (SE ) Pilling Engineering I Lincoln Street Realty Trust, to review the revised Definitive Subdivision Plans and Stormwater Analysis New information came in today; Agent DeLano hasn't had a minute to review it. MM/ PB motioned to continue the discussion to 6 June 20 I 7, so voted. Luke Estates; new roadway off Brooks Place NOI (SE ) Pilling Engineering I Al Endruinas, to construct 5,000 sq.ft. of new subdivision roadway with subsurface drainage system, 2 drainage outfalls and I culvert outfall within the I 00' Buffer Zone of a BVW; the commission needs a check for (amount?) and the correct plans for the 53G Consultant review. MM / PB motioned to continue the public hearing to 6 June I 7, so voted. Luke Drive, off Brooks Place; NOIs; lot #3 (SE 328-7I3), lot#4 (SE ), lot #5 (SE ); lot #6 (SE ); lot #7 (SE ); Pilling Engineering I AI Endruinas, to construct single family homes with septic systems, retaining walls, driveways, and with related grading and utilities installed within the I 00' buffer zone of a BVW; the commission needs a check for(?) and the correct plans for the 53G Consultant review. Planning Board recommended changes that need to be worked into the plan. MM I PB motioned to continue the PH to 6 June 2017; so voted. 2

3 Administrative discussions: JD reported that a consultant had called the office and asked for a waiver from the by-law WL delineation fee on a certain large property under speculation because, at $2.00 per foot, the fee would equal the cost of purchasing two Audis! The commissioners laughed. 345 & 373 South Elm Street; Notification of pending sale, first refusal M.G.L. Chapter 6IA release. There are two antique houses on one parcel with a little land in-between. The potential buyer wants to build 5 additional house there and have an agreement for $915,000 as the selling price; TH said that it is a wet lot. MM I LA motioned to decline recommending to purchase this lot, so voted. TH announced the upcoming River Walk; See flyer AGENTS S REMARKS: Item #1: New Public Hearing DEP # Amend Order of Conditions-#109 Spring Street-"Spring Commons"- 6 Lot Residential Development. The applicant has filed a request to amend the OOC that was issued earlier this year. The applicant has asked for this Public Hearing (PH) to be continued without discussion to the June 6, 2017 meeting. Recommendation: Open the PH by reading the Legal Ad, entertain a motion to continue the PH to without further discussion. Item #2: New Public Hearing DEP # Notice of Intent (NOI)- 125 Bedford St. Single Family Home (SFH) Construction, On-Site Septic System, Driveway and associated site grading. This is a re-filing of a previously approved NOI that received an OOC under the DEP File # The OOC was issued March 17, The OOC was recorded in Plymouth County Registry of Deeds (PCROD) on in Deed Book 37071, Page The applicant asked me if they could use the old approved flagging shown on the original plan. I agreed but mentioned that the delineation fee would have to be submitted since the old line was no longer valid due to the number of years. If the Commission is inclined to issue an OOC for this project, the applicant needs to request a Certificate of Compliance (COC) for the original OOC prior to the issuance of another OOC. I have reviewed the original plan and the latest plan and find that the only change is the style of house. There is a side entrance style garage now. The applicant will need to request a waiver of the 50' buffer to the isolated vegetated wetland due to the driveway and some of the grading for the house. There is a conservation easement on the isolated wetland that was required by the first OOC. This has been recorded at the PCROD in Book 37071, Page The applicant's engineer needs to provide us with the correct National Flood Insurance Program FIRM for this location. Considering the fact that the Commission issued an OOC under the old file and the changes for this project are so minimal, I don't have any issue concerning this project. Recommendation: Motion to continue the PH until the applicant has requested the COC for DEP , submitted a check for the delineation fee, submitted a copy of the correct FIRM for this location and filed an application for this project under the Stormwater Bylaw. 5

4 Item #3: Continued Public Hearing DEP # Notice of Intent (NOI) #252 Pleasant St.-Proposed 12,000 S.F. warehouse and office space building along with driveways, parking and equipment storage yard. In addition septic system, drainage system and landscaping will be included with this project. I have not received any new information on this project. As you may recall, the PH was continued until the applicant has requested the COC for DEP file # and files an application under the Stormwater Bylaw. In addition, the project needs to be reviewed for drainage design. Since this project may be required to be re-submitted to the ZBA who is the Special Permit Granting authority, the commission may want to reserve giving your approval until it has been reviewed by their drainage consultant. This project was approved by the commission after it was reviewed by the ZBA's review engineer several years ago and the permit has expired. They are essentially re-filing the project to get a new permit with a few drainage changes. The engineer has included several proposed turtle nesting sites required by the previous approval of DEP File # by NHESP. The proposed turtle nesting sites will be constructed in the 50' buffer. Once the turtle nesting sites have been established, the buffer will not be disturbed again. Therefore, the applicant will need to submit a request for you to waive the temporary disturbance of the buffer. Since the 50' buffer is part of the corn field, the benefit to the wetland will greatly enhanced by allowing the turtle nesting sites in the buffer. In addition, the applicant will have to file for a stormwater management permit under the town's bylaw. Recommendation: Motion to continue the PH until a date that is 21 days after the applicant has received an approval for the drainage design by the ZBA's consultant or a mutually agreed upon date based on discussion at the meeting with the applicant's engineer. Item #4: Continued Public Hearing DEP # Notice of Intent (NOI)-#200 Spring St.-Addition of Garage and Breezeway. As a result of discussions at the last meeting, the applicant has decided to offer mitigation for the Commission's consideration in granting the waiver of the 50' buffer. The applicant will grant a 5' walking easement to the Town's conservation land at the rear of the property and erect wood posts with conservation signs along the edge of the existing vegetation. The area on the wetland side of said existing vegetation will also be a conservation easement for protecting the remaining buffer. Recommendation: To be made at the meeting based on the discussion during the public hearing. Item #5: Continued Public Hearing DEP # Abbreviated Notice of Resource Area Delineation (ANRAD) Belmont Street, Assessor's Parcel Commercial Development. The applicant is still addressing the Commission's 53-G consultant's requested changes and concerns. They have asked for another continuance to the next available meeting. Item #6: Continued Public Hearing DEP # Notice of Intent (NOI) Lamp Post Estates- Corner of Lincoln and South Elm Streets - Proposed Single Family Residential Subdivision Project. We just received the revised plans, information and written responses from the designer of the subdivision today. This information needs to be sent off to the Commission's 53-G review engineer for their review. The applicant has requested a continuance. 6

5 Item #7: Continued Public Hearing DEP # Notice of Intent (NOI) - Luke Estates Roadway - Off Brooks Place - Construction of roadway and drainage system The applicant has ed us and explained that they are continuing to make the changes required by the Planning Board. They plan to submit revised plans to the Commission soon. As noted in previous meeting reports, the revised plans will be sent out to review. The applicant needs to submit his 53-G review fee before that can happen. The applicant has requested a continuance. Item #8: Continued Public Hearings DEP # to Five NOIs- Luke Estates Lots 3,4,5,6 & 7 - Off Brooks Place - Construction of a Single Family Home (SFH), on-site septic system and associated grading. Same comments as above. Item #9: Administrative Discussion -Notification of pending sale of 61-A land- 345 & 373 South Elm Street The notification predicts this land to be developed into 5 SFHs The selling price is $915, The center part of this land is wetland and there are some wetland in the front that would need to be crossed. My guess, looking at the lot shape, wetland in the middle and other factors, the 5 lots will come along the frontage as Form A lots and not require the construction of a subdivision road. I would say that the land is on the BCT and might be worthy of preserving as conservation land. However, it would be better to have the adjacent parcel to the east of the property in question which abuts the existing conservation lot and the stream rather than this one. Recommendation: To be made at the meeting after discussion. The meeting adjourned at 7:15PM Respectfully submitted, Kitty Doherty, Secretary Minutes approved 6 June