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Conservation Meeting Minutes 4/7/05
Conservation Commission
Meeting
April 7, 2005

Peg Arguimbau Chairman, Janet Dunlap, Hank Langstroth, Katherine Roth were the members present. Stephen Cremer arrived at 7:50 p.m.

7:45 p.m., N.O.I. Public Hearing filed by Thomas Altieri for the proposed installation of a
                 driveway, retaining wall and grading associated with the construction of a single family
                 residence at 78 Norwood Street:
Due to the absence of the Applicant, the Commission agreed to continue the hearing until the Applicant requests another date.

7:48 p.m., N.O.I. Hearing Continuance - Old Post Road LLC, for the proposed construction of a
      residential development with associated roadway, utilities and storm water management
     at 635 Old Post Road. DEP File # SE-280-462:
Due to the absence of the Applicant, the Commission agreed to continue the hearing until further notified by the Applicant.

7:50 p.m., Informal Meeting with Dr. Fred Martin regarding the proposed King Philip Estates, 40B:

Dr. Martin expressed his disappointment regarding the Commission's position in not supporting his proposed resolution that he recently presented to the Planning Board. (The proposed resolution recommended that the Planning Board should negotiate an agreement with ERPOL to not erect any structures within 600' of the west corner of the property and that the restriction should be made a condition of approval of the proposed subdivision plan.)
Peg explained to Dr. Martin that the Commission couldn't risk removing the 3 proposed lots off of the negotiation table because of a proposal that the Commission could not legally request. Peg explained that the Commission is restricted by legal boundaries regarding the proposed 40B. (The Commission's jurisdiction is strictly limited to protecting the wetlands and drainage control plans concerning the proposed 40B project.)
The Commission resumed their discussion with Dr. Martin at 9:00 p.m., and Dr. Martin presented the Commission with a copy of a letter from the Narragansett Indian Tribal Historic Preservation and a copy of a letter from the Aquinnah Wampanoag Tribal Historic Preservation Office. The Narragansett Indian Tribal Historic Preservation Office agreed with the Aquinnah Wampanoag Tribal Historic Preservation Officer's findings that there is relevant evidence indicating that the property of King Philip's Rocks is eligible for the National Register of Historic Places and is an important cultural property.
Peg stated that it might be possible for the Commission to preserve the Buffer at the back portion of the proposed site.
The Commission commended Dr. Martin for his efforts to help preserve King Philip's Rocks from the proposed 40B.  
The Commission recommended the following to Dr. Martin:
To continue his efforts to find a means for securing a purchase of the proposed property.
To pursue Selectman David Grasfield's prospect for the Town to obtain the property through eminent domain.
To keep the Indian tribes involved with the proposed 40B project.

8:00 p.m., N.O.I. Hearing Continuance
Katherine Roth recused herself from the hearing, as she is an abutter to the proposed project.
Applicants Nick and Christine Mirrione were present. (See attached attendance list of interested persons/abutters.


Page 2 SCC 4/7/05 Meeting Minutes
Scott Faria, Engineer from Gallagher Engineering appeared before the Commission to represent the Applicant.
Peg inquired if the Planning Board had any remaining issues regarding the proposed changes to the preliminary plan.  
Scott explained that he has complied with the Assistant Town Engineer's concerns relating to drafting issues that were discussed at a recent Planning Board meeting.
Peg expressed her concern regarding page 4, # 3c of the March 17, 2005 DPW Review Letter regarding the details of a proposed 10-foot maintenance access road with a maximum 15% slope.
Scott explained that the access road has been eliminated from the previous preliminary plan due to the detention basin being moved closer to the roadway.
Stephen Cremer asked questions pertaining to an Operational/Maintenance plan for the proposed drainage system.
Scott stated that the Homeowner's Association for the proposed development would be responsible on a yearly basis for hiring an engineer to inspect the stability of the slopes and berms on the site as well as the proposed drainage system for the project; and that the hired engineer would be responsible for reporting to the Homeowner's Association, Conservation Commission and the Planning Board regarding the results of his inspection.
Immediate action to correct any problems documented by the engineer's inspection would be enforced by language contained in the Order of Conditions issued from the Commission as well as the Conditions of Approval issued by the Planning Board.
Scott referenced the Town's Construction Activity By-law. (Upon the approval of the proposed
subdivision plan and before the start of construction, the Applicant is required to submit a Storm Water Pollution Prevention Plan at a public hearing held with the Planning Board.
Peg requested that the Order of Conditions state that a yearly inspection report of the drainage system is to be provided to the Commission.
Hank expressed his concern regarding a potential groundwater breakout where the deep cuts in the grass slope are proposed behind Lots 3-30 and inquired if a mitigation plan is proposed.
Scott replied that the Assistant Town Engineer would make an inspection in the Spring of 2006, and French Drains could be installed along areas of the slope to redirect the water if a break out did occur.
Hank stated that the 2:1 slope is quite steep and inquired if the French Drains could be added to the proposed revised preliminary plan. The Applicant indicated a willingness to do that.
The Commission requested the following:
The installation of French Drains behind Lots 3-30 to be added to the proposed preliminary plan.
The Order of Conditions to state that a temporary diversion berm be installed above the rear slope of proposed units 48-50 until the slope is stabilized.
To remove the silt fence erosion control barrier proposed around the perimeter of the limit of work before the Commission issues a Partial Certificate of Compliance.
Scott explained the proposed changes to the preliminary plan regarding the drainage control on Mr. Bradley's property. The drainage in the rear of Mr. Bradley's property would be diverted from a drainage pipe into an area of open space, then piped to a level spreader and by-passing the detention basin before emptying into the wetlands. The routine maintenance of the drainage pipe to be achieved by access from the roadway.
Scott Faria reviewed details from a meeting he attended with Greg, Peter O'Cain, Dale MacKinnon, Mr. Bradley and the Applicant regarding EarthTech's last review.
Mr. Bradley requested to maintain an easement on the deed for driveway access.
A change to the preliminary plan is proposed for increasing the size of the common septic system to allow Mr. Bradley to tie into the proposed project's system if necessary.
The installation of two catch basins near North Main Street is proposed that would carry any excess water flow into the existing Town Drainage System. (The two catch basins are proposed in place of a section of a storm water infiltration system that has been eliminated from the preliminary plan.)
A stormceptor drain would be installed to remove any sediment from the drainage system. The Homeowner's Association would be responsible for maintaining the stormceptor drain.


Page 3 SCC 4/7/05 Meeting Minutes
Abutter, Mr. Jerry Wine, 33 Lantern Lane - expressed his concern regarding the amount of tree clearing and the cutting of the slopes proposed for the project and the possible negative impact to the wetlands from the proposed drainage system. He feels that the existing wetlands would be altered from the proposed project. He also expressed his concern for wildlife protection regarding the proposed project, especially along the sloped area at the back portion of the property. Mr. Wine requested that the Commission carefully examine the proposed plan.
Peg responded that the Commission is also concerned with protecting the wetlands on the proposed site and a consultant hired by the Commission has completed a thorough review of the proposed project. Some of the Commission's concerns resulted in revisions to the original plan, one of which was a catch basin that has been piped away from the rear of neighboring properties on Lantern Lane. The Commission has the task of balancing what the Applicant is allowed with the Conservation Commission's jurisdictional concerns.
Scott Faria explained that a third of the back corner section of Mr. Bradley's property is one of five watershed areas of the site.
Mr. Mirrione stated that he would be responsible for maintaining the proposed culvert located between Mr. Glynn's property and Mr. Bradley's property if it becomes obstructed during construction.
Scott also explained that the proposed limit of work continues around the septic system, which is more than 200' away from the Buffer Zone. The only work proposed inside the Buffer Zone in the back wetland is for the installation of the proposed level spreader.
Peg requested that upon completion of the proposed project, the remainder of the back portion of the property be deeded to the Commission for open space so that the public may continue to utilize the trails.
Greg to review the extent of the parcel to be deeded to the Conservation Commission.
Abutter Robin Estrin of 66 Cheryl Drive presented a letter to the Commission from Wayne Godlin dated April 6, 2005 concerning the installation of a septic system by the proposed Clubhouse on the site. The Commission reviewed the letter and it was recorded in the office file.
Scott stated that the Board of Health has not yet issued their final approval for the proposed septic system.
Peg called for a motion to close the hearing pending receipt of the proposed French Drain information plan behind proposed Lots #3-30 and the information regarding the deeded line for the property in the back of the site.  Hank Langstroth moved. Janet Dunlap seconded. Voted unanimously.

Stephen Cremer left the meeting at 8:50 p.m.

Katherine Roth rejoined the meeting at this time.
8:50 p.m. Old/New Business:
Peg reviewed with the Commission information received from Alice Cheyer pertaining to the Community Preservation Act. The letter was recorded in the office file.

Peg called for a motion to close the N.O.I. Public Hearing filed by The Kendall Whaling Museum regarding the septic system repair upon receipt of DEP File # SE-280-466.
Janet Dunlap moved. Hank seconded. Voted. Unanimous.

9:10 p.m. Signatures:
The Commission signed bills. Certificate of Compliance, Jolin Construction, Lot 18, 64 Aspen Road.
DEP File # SE-280-448.

9:15 p.m. Approve past Meeting Minutes:
Katherine Roth moved to accept the March 3, 2005 Meeting Minutes as amended. Peg Arguimbau seconded. Voted. 2-0-2.

9:30 p.m. Adjournment:  Hank Langstroth moved to adjourn. Katherine Roth seconded. Voted. Unanimous.