Minutes
TOWN OF LYNNFIELD
CONSERVATION COMMISSION
MEETING MINUTES
TUESDAY, MAY 15, 2018, 6:30 PM
H. Joseph Maney Hearing Room, Lynnfield Town Hall
Members present:
Paul Martindale, Chairman, Commissioners Don Gentile, Melanie Lovell, Chris Martone, Angelo Salamone, Janice Solomon; Administrator Emilie Cademartori.
6:39pm Chairman Martindale called the meeting to order.
6:41pm Continued Notice of Intent Beaverdam Brook Culvert DEP file #209-0621
Applicant: Town of Lynnfield, c/o Robert Dolan Town Administrator
Project: Removal of an existing 54” culvert under the rail bed embankment, south of Ford Avenue, to restore the Beaverdam Brook crossing to an open stream channel.
Bill Jones, Linden Engineering and Charlie Richter, Town of Lynnfield Engineer were present.
Bill Jones noted that since the April LCC meeting, a site visit was conducted and the soil disposal area was reviewed. It had been originally situated 25’ from the wetland but it is now pulled back to 40’ from the wetland, the only change since the April 17 meeting. To position it elsewhere would require cutting of trees for equipment access, but this new area will require only clipping of branches.
Jones noted that National Heritage had notified the LCC of several conditions, the main condition being the limiting to the time of year when the work can be done – specifically - after August 15, when nesting season is over.
Martindale confirmed that during the site visit, it appeared that no trees needed to be cut down, and asked if there were other conditions of note. Jones stated that National Heritage requires an as-built after the fact, erosion controls, amongst other standard conditions. Martindale also noted that during the site visit, commissioners and abutters in attendance were all generally in agreement that this was a good solution.
Martindale asked for any abutter comments. Though not an abutter, Alan Dresios, 64 Bourque Road, stated that this was a worthwhile project that should ameliorate this long-term problem.
Martone asked if it were possible to move the schedule forward. Jones responded that they do not want to lose any time. The project will require 2 days of preparation and getting equipment in place, clearing the path and installing erosion controls, 3 days of excavation and installation of the rip-rap, and 1 day for clean-up.
Salamone suggested reusing rock on site vs. rip-rap in order to minimize fill. Jones agreed but noted that stone sorting may create delays.
Martindate suggested further discussion about timing, to which Jones suggested that work be completed by November 1 unless by special agreement with LCC, and, in no case be extended beyond April 15, 2019.
Martone said that he would like to further explore possibilities of moving the disposal area because of a couple of found endangered species and this being a highly sensitive area. Jones responded that the further positioning of the disposal pile toward Summer Street would require tree cutting and would be moving from one buffer zone into another further up.
Martindate asked for town engineer Richter’s opinion. Richter opined that this was a good project, and also said that he would be hesitant to move the disposal site further up towards Summer Street, reiterating the need for tree cutting.
Lovell repeated Martone’s concern about erosion controls. Jones restated again that the abutters would prefer to avoid tree cutting, and acknowledged that overall, this was a good but not ideal solution on all fronts.
On a motion duly made by Solomon and seconded by Gentile, the board voted (6-0) to close the public hearing.
On a motion duly made by Solomon and seconded by Salamone, the board voted (6-0) to issue an order of conditions with changes discussed.
6:41pm Continued Notice of Intent – 275 Essex Street DEP File #209-0602
Applicant: Town of Lynnfield, c/o Robert Dolan Town Administrator
Project: LHS Tennis Court modifications
**At the request of the applicant, this hearing will be continued to the June 19th, 2018 meeting.
On a motion duly made by Gentile and seconded by Solomon, the board voted (6-0) to continue the hearing until the June 19th meeting.
6:52pm Notice of Intent – 322 Pillings Pond DEP #209-0623
Applicant: Carol and Brian Rocha
Project: Raze existing dwelling; construct new single family dwelling, paved driveway and retaining walls; conduct associated landscaping improvement
Greg Hochmuth, Williams & Sparages, LLC presented the project. Rather than amend the original NOI, Hochmuth is proposing to file a new NOI.
On June 9, 2016, an Order of Conditions (OOC) was issued to then owners Kevin and Mara Smith, for a similar project, including a second floor addition to the existing structure, a small 2-story addition in the front left corner of the existing dwelling and a deck off the rear. New owners Carol and Brian Rocha are proposing a similar project with several differences, including: a new foundation under the entire structure instead of the second floor addition and small addition off the front of the dwelling, a new driveway with a side entrance garage under, an infiltration trench, a different deck footprint, a footprint slightly closer to the resource areas in the rear of the dwelling, new retaining walls slightly further apart to allow access to the proposed garage, and removal of 3 large eastern white pine trees.
Nearly 80% of the property falls within LCC’s jurisdiction. The footprint of the new project is very similar to the original. Hochmuth noted that the project has received approval from the zoning board and that this request was the last step in the project process. Hochmuth further noted that there is currently an Open Order of Conditions (OOC) but to date, very little of the work has been done.
Hochmuth also stated that the applicant was seeking LCC’s permission to remove the 3 large pine trees, 1 of which was actually on a neighbor’s property. The neighbor has agreed to the removal of this 3rd tree. Martindale asked for the plan for replacing the 3 pine trees, to which Hochmuth responded that the owners could investigate something other than pines.
The shed will stay in place on the property. There is no fill proposed within the BLSF. The retaining wall would be 3-1/2’ high – most likely a gravity block type. The flow over the lawn will be down towards the pond. A proposed wall will allow for a sloped, yet flat area for kids to play. A front entrance garage could not be accommodated because of the current septic. The septic is rather new and is approved for this project.
Salamone suggested adding an additional post to identify the beginning and the end.
Lovell asked if the replacement trees would be native species, to which Martindale noted that this would be part of new conditions, which would also include other plantings that were part of the original plan. Hochmuth suggested a site walk with Cademartori.
On a motion duly made by Lovell and seconded by Gentile, the board voted (6-0) to close the public hearing.
On a motion duly made by Lovell and seconded by Solomon, the board voted (6-0) to issue an order of conditions conditioning a site walk with Administrator Cademartori, and a planting plan to include replacement of the 3 existing pine trees with other native species.
7:17pm Abbreviated Notice of Resource Area Delineation 333, 339 & 349 Summer Street DEP File #209-0622
Applicant: HPI, LLC c/o Greg Hochmuth – Williams & Sparages, LLC
Greg Hochmuth, Williams & Sparages, LLC presented the project.
The subject property includes 3 parcels totalling approximately 9 acres. Each lot is developed with a single family home, with frontage on Summer Street and land that backs up to Reedy Meadow, which is a large Bordering Vegetated Wetland (BVW). There is also a small Isolated Vegetated Wetland (IVW) in the northwest corner of the parcel that appears to have been mechanically dug. There is Bordering Land Subject to Flooding (BLSF), and a 100 Year FEMA Floodplain that extends onto the rear of the parcels. HPI is seeking confirmation of the delineated resource area boundaries and BLSF.
Hochmuth stated that he has walked the entire site and noted the BVW, the topographies on the map, and the location of the IVW. Hochmuth does not believe the IVW is classified as a vernal pool, given a thick layer of algae and the absence of certain species typical in a vernal pool. It is also not shown on the GIS map, nor identified as a potential vernal pool. Hochmuth believes it is not deep enough, nor does it hold water long enough based on soil testing (mostly loamy sand).
This is proposed to be a new project subject to the 25/50/100’ rules. The applicant would need to have this delineation known ASAP. A site walk was conducted with Cademartori on May 9. Hochmuth has visited the site and checked the IVW 3 times, but has found no evidence of it being a vernal pool. If it is a vernal pool, the buffer would go out to 100’. Cademartori stated that it does not look natural, and believes that it is not a vernal pool. Hochmuth further noted that his mappings will be submitted to National Heritage for confirmation of boundaries.
Martindale asked for abutter comments.
Nadia Allen, 4 Cranberry Lane, asked for a description of the project, to which Martindale responded that the purpose of the meeting was strictly a determination of wetlands. Hochmuth confirmed that this was the first step of the process, which will also include a determination of viable sanitary disposal with the Board of Health, all in an effort to analyze feasibility of residential development on the property.
Paul Beaulieu, 350 Summer Street asked about the determination of the vernal pool. Martindale noted that even though it may not be natural, it would still qualify as an ISW and would be protected. Mark Reed of 379 Summer Street added that nearly 50 years ago that rock was in the area when he was a child, and that the previous owner of the parcel indicated that it was an active pool many years ago.
Gerri Karonis, 360 Summer Street, asked for the name of the developer, to which Hochmuth responded that HPI denoted Hannon Property Investments (HPI), New Hampshire.
Mary Coletta of 6 Cranberry Lane noted that she sees snapping turtles that come on to her property in March and April. She also inquired about which species the LCC would look for as evidence of a vernal pool. Hochmuth responded with the names of species that are not in evidence for a vernal pool in the ISW in question.
Mark Pelissier, 357 Summer Street, inquired about the wooded areas of the parcels, to which Hochmuth responded that 333 Summer Street has a rear wooded area. The middle lot is 80% woods. If a development occurs, there will be studies as to the water flows with woods to lawn, or woods to pavement, etc.
Martindale asked if Cademartori had any final comments. She indicated that the location of the flags are correct. Martindale then indicated that there are 2 ways to proceed; 1) accept as presented, or 2) ask the LCC’s wetlands scientist for a second opinion of an accurate determination of wetlands area. Cademartori suggested that since the end of the breeding season is here, it might be best to accept Hochmuth’s determination of the ISW not being a vernal pool. Lovell expressed interest in having a second opinion to verify the vernal pool existence.
Martindale stated that he believed the delineation of the wetlands is correct, but his only question is verification of the vernal pool. Lovell reiterated her desire for a second opinion about the flag locations, to which Cademartori restated her opinion that the flags were correct. Martindale suggested that the closing be done in acceptance of the delineation, and then condition the hearing to include the LCC wetlands scientist’s second opinion verifying the vernal pool.
On a motion duly made by Gentile and seconded by Lovell, the board voted (6-0) to close the public hearing.
On a motion duly made by Gentile and seconded by Lovell, the board voted (6-0) to issue an order of conditions that accepts the delineation of wetlands, and proceed with making a determination of the ISW with the LCC’s environmental scientist.
7:55pm Request for Determination of Applicability 321 & 323Main Street
Applicant: Hayes Engineering c/o Elizabeth Wallis
Project: Driveway reconfiguration
Peter Ogren of Hayes Engineering presented the project. Currently, a portion of the paved driveway at #321 Main Street extends onto the adjacent property at #323 Main. The proposed project would reconfigure the drive to be entirely located on #321 property and provide a new access drive to a new garage to be constructed behind the house, outside of the 100’ buffer zone. Proposed buffer zone work consists of removing existing pavement, paving a new portion of the driveway, installing an erosion control fence, and removal of pavement and other debris for proper disposal off-site.
Ogren noted that he represented the owners of both #321 and #323 Main St. properties, who would like to amend their common driveway agreement to accommodate a new driveway design and build at #321 Main Street. The new configuration calls into question a small area near a resource area, which was previously considered an underground stream.
Martindale pointed out that there is no longer any flow since a culvert was removed some time ago. Cademartori questioned if there was currently an open order on one of these properties, to which Ogren stated he believed it was closed, and that he had already applied for a COC for that earlier project. Martindale reiterated that there was no flow in the area, and that all of the work was outside the 50’ buffer, and suggested that this may be a clear negative determination. There were no abutters present.
On a motion duly made by Solomon and seconded by Gentile, the board voted (6-0) to issue a negative determination.
8:03pm Request for Determination of Applicability
Applicant: MWRA c/o Magdalena Lofstedt – CDM Smith, Inc.
Project: Peabody water pipeline project extension
Angela Moulton, Project Engineer and Andrew Poyant, Wetlands Scientist of CDM Smith, Inc., presented the project. Mary White and Peter Grasso were present from MWRA.
The project includes installation of a new 24” water main starting at Saugus/Lynnfield town line on Route 1, continuing on Route 1, turning down Maple Street, to Salem Street, Summer Street, crossing over Moulton Drive, back onto Route 1, and then ending at the Peabody town line. The proposed work method is open trench. A portion of the work will be within the buffer zone.
Martindale inquired why the work took the proposed multi-street path instead of continuing along Route 1, to which Moulton responded that avoidance of the Route 1/I-95 interchange was preferable in terms of complexity of work, materials, methods and costs. Cademartori added that this path would permit an emergency tie-in with the Lynnfield Water District, and an upgrade to the water main on Maple Street.
Poyant indicated the floodplain area in question. 28 test borings will be conducted in the next few weeks, of which 1 of these borings is in the buffer zone. Work on Route 1 will occur at night. Work on other roadways will all be within the roadway, and will be covered up each night. Erosion control measures and storm water drain protections will be in place.
Martindale questioned the LCC’s need to make any determinations in this project, since the MWRA is exempt from the local bylaw.
Solomon questioned the timing of road closures. Moulton stated the project was at 50% design, with 100% expected by summer’s end. The project would go out for bid, and construction would begin spring/summer 2019 into 2020. There will be traffic detours. Martindale suggested work be done at night on Summer Street. Solomon also asked about patching or paving the roadways after the work is complete, to which Moulton replied that the roads would be trench-width patched.
Martindale asked about notifying the public to which Moulton replied that Jeffrey McLaughlin, Outreach Coordinator at MWRA, would be responsible.
There were no abutter comments.
On a motion duly made by Salamone and seconded by Lovell, the board voted (6-0) to issue a negative determination.
Updates/Correspondence:
8:22pm - Grandview Estates site conditions:
A number of homeowners were present. Martindale indicated that the board was given a report detailing existing conditions from consultant Linden Engineering. He summarized the conditions and then concluded with the consultant’s summary that the existing site has many deficiencies that need to be addressed, and that the developer should address the deficiencies with a follow-up inspection be held in late May.
Cademartori noted that the homeowners requested and received a copy of the letter from Linden Engineering. Also, an email response from the developer, detailing corrective measures, was provided to Cademartori on May 14 – too late to be included in board packets. The corrective measures done to date are limited to some hydro seeding.
Martindale asked for a representative from Grandview Estates to speak on behalf of the homeowners present. John Popola of 15 Ramsdell Way spoke on behalf of homeowners. No one representing Grandview Estates was present. Popola noted that 7 of the 10 homeowners were present; 2 are working and 1 is out of the country. He distributed a collection of captioned photographs to board members which illustrated the site deficiencies matching those in the Linden Engineering report. Popola also indicated that there were missing site requirements beyond those cited in the report.
Of the report findings, Popola noted that for items 1-8 there has been no activity. For Item 9 – some seed was put down with a spreader on a surface of on-site sandy product. Items 10-15 – no activity, items 16 and 17 berms along the road on top of inadequate soil. The first units occupied were in 2014, and they still have no lawn, no loam and no grass.
Popula asked about a DEP response, to which Cademartori indicated that enforcement was within the purview of the LCC.
Martindale suggested a motion to issue an enforcement order for the developer to comply with the conditions outlined by Linden Engineering, including the levying of fines within LCC jurisdiction.
Salamone inquired as to the status of the building permits for new houses, and expressed some concern that fines may create enough of a financial burden that the developer may not be able to complete the project.
Gentile suggested a motion to issue an order of conditions that requires the developer to make all the changes as delineated in the Linden report and include the fines of $100 for the first offense, $200 for the second offense, and $300 for every day going forward. He further questioned a suitable timeline for compliance by the developer. Cademartori suggested a week prior to the June meeting to give Linden Engineering an opportunity to reply to the results of the inspection, and time to provide a follow on report for the June LCC meeting. Martindale confirmed that this would amount to 21 days for the developer to comply before fines would be levied.
On a motion duly made by Gentile and seconded by Lovell, the board voted (6-0) to issue an enforcement order and to require the developer to make all the changes as delineated in the Linden report for a 21 day period before fines would be incurred; $100 for the first offense, $200 for the second offense, and $300 for each day going forward.
8:46pm – Emergency Certification – Beaverdam Breach Cedar Brook – end of Sylvan Terrace:
Cademartori noted that the board would actually be ratifying this Emergency Certification after the fact. She summarized the issue – the beaver dam had caused a backup of flow for the entire system, including specific property basement flooding, and threatening septic leaching field failure.
8:55pm – Pillings Pond
Cademartori reported that a treatment was provided 2 weeks prior. Further proposed is a treatment for weeds for April 23. The notification should be posted by signage on telephone poles at the entrances. Cademartori will investigate.
9:00pm – Open Space Committee
Cademartori reported that the committee realizes that maps need to be redone. The committee asked for LCC assistance, and Cademartori reported that money may need to be spent for consultant work. Even with adequate volunteer effort, someone with technical skills is needed to do the maps, and the LCC currently does not have the software to produce these. Cademartori is investigating the costs to purchase the software.
9:06pm – Pesticide Awareness
Patti Fabri has provided materials from her lawn care work. She has materials from Marblehead, which she would like to copy and rebrand under Lynnfield’s name to present to our residents. Cademartori suggested providing a mock-up of this for board review.
Administrative Matters:
Bills: bills were shared for signatures.
Site visits: Grandview Estates, May 18th at 6”30pm.
Minutes: The March 20, 2018 meeting minutes were reviewed. Changes were suggested.
On a motion duly made by Gentile and seconded by Solomon, the board voted (6-0) to accept the March 20, 2018 meeting minutes, as amended.
9:16pm On a motion duly made by Solomon and seconded by Lovell the LCC voted (6-0) to adjourn the meeting.
NEXT REGULAR MEETING – Tuesday, June 19, 2018
As recorded and submitted by Jennifer Welter