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Conservation Meeting Minutes 04/02/2009

Conservation Commission
Meeting Minutes
April 2, 2009

Peg Arguimbau Chairman, Keevin Geller, Christine Turnbull, Meredith deCarbonnel, Stephen Cremer, Elizabeth McGrath, and Hank Langstroth were the members present.

7:45 p.m.: Approve Past Meeting Minutes:

              Peg called for a motion to approve the March 19, 2009 Meeting Minutes as presented.
              Stephen Cremer moved. Hank Langstroth seconded. Voted 6-0-1.

8:00 p.m.:  N.O.I. Hearing continuance filed by Old Post Development Corporation for the        
     proposed development of a Residential Community of 29 Townhouse units within
    12 separate buildings with associated infrastructure off Old Post Road/South Main Street.
    DEP File # SE-280-0501.
In attendance:
Attorney Bob Shelmerdine, Representing the Applicant
Hans VanLingen, Representative from Coler and Colantonio, Inc.
Jesse Moreno, Engineer from Coler and Colantonio, Inc.
Louise Patane, Abutter
Attorney Shelmerdine submitted the following proposed revised plans to the Commission:
  • Sheet labeled LO, Layout & Materials Plan, 4/1/09 last date revised. (ConsCom Layout)
  • Sheet labeled GD, Grading and Drainage Plan, 4/1/09 last date revised. (Layout & Wetland Line)
  • Sheet labeled PL, Planting Plan, 4/1/09 last date revised. (Layout & Additional Planting List)
  • Sheet labeled RP, Buffer Zone, Flood Plain, and Riverfront Area Re-vegetation Plan.
Attorney Shelmerdine explained to the Commission that the proposed revised Grading and Drainage Plan reflect changes in the location of the duplex units and the triplex units outlined along the upper area of the plan. These changes are being proposed to enhance the mitigation for the narrower units defined at the upper right corner of the proposed plan. The roadway access to the proposed duplex units defined along the top line of the revised plan has been reconfigured and designed with a larger curve. The roadway has been moved back 10’ further towards the southern residential section of the site. Due to the setback requirements for the proposed roadway, the two duplexes proposed on the previous plan to the right of Roadway A from South Main Street will remain 5’4” away from the sideline of Patane’s property. The developer has slightly altered one of the duplexes, but not closer to the Patane’s property line, due to an agreement with the Patane’s. Attorney Shelmerdine explained that the Applicant is requesting, by a letter to the Commission, an amendment to the previous approved Order of Resource Area Delineation filing with the Commission submitted to the Commission in June 2007. The previous plan approved by the Commission reflects a connection between the Bordering Vegetated Wetland Resource Area in Wetland Flag Series Q associated with the Upper Depression in Wetland Flag Series R. Following the Commission’s issuance of the ORAD Permit to the Applicant, the approved delineated wetland line has been reviewed by Coler and Colantonio and the Conservation Administrator. The Conservation Administrator explained during the Applicant’s previous hearing with the Commission that the result of his recent inspection of the proposed wetland line indicates that the hydrology of the soil is inconsistent. He established the presence of facultative vegetation and facultative wet upgradient in the area between the Wetland Series Q and the upper depression. He feels that the Wetland Flag labeled IV is a close call due to soil hydrology. He requested that the Applicant’s consultant meet at the site with the Commission’s consultant to review the proposed wetland line.
Hans vanLingen reviewed a copy of Wetland Consultant James Hall’s inspection report of the proposed wetland line. The results of his hydrology report indicate an inconsistent soil analysis and insufficient evidence to connect the IVW of Wetland Series R and the BVW Resource Area of Wetland Series Q.
Attorney Shelmerdine explained to the Commission that Coler and Colantonio has completed their response without any major concerns regarding Tom Houston’s Drainage Analysis Report for the proposed project.



Page 2 SCC 4/2/09 Meeting Minutes

Attorney Shelmerdine presented the Commission with a copy of a buffer zone re-vegetation planting plan concerning all of the proposed disturbed areas of the project site.
Stephen Cremer inquired as to when the proposed re-vegetation plan would be completed concerning Phase I and Phase II of the proposed development project.
Attorney Shelmerdine expressed a willingness to include a site inspection schedule as part of the Order of Conditions, allowing the Conservation Administrator to monitor the construction phases of the proposed development project and direct any concerns of the Commission to the Applicant/Developer.
Attorney Shelmerdine agreed to appear before the Commission, upon request, following the initial grade work and land clearing activities for the proposed project to discuss any concerns of the Commission, including the proposed buffer zone re-vegetation plan.
Attorney Shelmerdine explained to the Commission that the developer has applied for eight million dollars of Stimulus money for the construction of Old Post Road that would include three culvert crossings. He explained the following scope of the proposed project to the Commission:
Phase I
  • To connect the roadway from South Main Street until the roadway on the left side of Post Road is constructed.
  • To build a soil absorber to support the proposed temporary septic system.
  • To construct 14 living units with associated infrastructure.
  • To install an on-site Title V septic system in compliance with Article 7 for the 14 living units proposed away from the 100’ Buffer Zone until the sewage package treatment plant is completely operational.
Phase II
  • The construction of 15 living units along Old Post Road, north of Laurel Road, is being proposed following the sewage package treatment plant installation. (It might take 12 to 15 months to obtain permitting from DEP for the sewage package treatment plant.)
Attorney Shelmerdine explained that the Applicant has obtained permitting from the Board of Health for the proposed 14 living units. Individual grinder pumps will be included in all of the living units and condominiums for the proposed project. The grinder pumps are designed with an alarm that would send a signal to a redundant alarm located in the utility buildings on the site in the event of a power outage or if they are not working properly. Attorney Shelmerdine explained to the Commission that he will submit a full set of engineering plans for the proposed project by next week. The engineering plans will include the proposed erosion control plans reflecting the limit of work line for the proposed project.
The Conservation Administrator inquired as to the environmental concerns for the two parcels under agreement south of the Laurel Road cul de sac, as well as the Gobbi Parcel.
Attorney Shelmerdine explained that the developer has withdrawn his plans to build 42 living units and 24 Townhouses within an 18 unit building. Only 2-3 single family homes can be built as a matter of right while the Gobbi parcel is under agreement. The developer would need to adopt an amendment to the zoning map to include the parcels in a 40R Overlay District.
The Conservation Administrator inquired if the Applicant is offering any additional mitigation for his proposed development project.
Attorney Shelmerdine explained that it is unknown at the present time if the proposed developer is able to offer mitigation concerning the Gobbi parcel because it is only under agreement. He presented a summary of the Applicant’s proposed mitigation plans for his development project:
  • Approximately 29 acres of the bog operation west of Old Post Road is planned to be gifted to the Commission by the Applicant in consideration of the approval of a Town Meeting vote for a new SubZone District D. Approximately 2 acres of the adjacent bog area is also proposed to be restricted. In addition, approximately 16 ½ acres of the high/dry area is proposed to be restricted to the Town for the purpose of passive recreation only. (Former proposed well site)
  • The Applicant was required to restrict approximately 29 acres to be held under a Restrictive Covenant to Natural Heritage due to the presence of Eastern Box Turtles within the Natural Heritage Buffer Zone located in the northern portion of the proposed site. The Applicant has also donated $367,000.00 to Natural Heritage for replication elsewhere.


Page 3 SCC 4/2/09 Meeting Minutes
Attorney Shelmerdine indicated that the Applicant is willing to include additional mitigation that did not involve a SubZone or Natural Heritage issue concerning his proposed ORAD filing.
Peg explained that it would be important to mitigate the borderline of the bogs along the back portion of the hillside. It is a concern of the Commission to protect the longevity of the bog area.
The Representatives from Coler and Colantonio reviewed the history of the modified buffer line submitted on the plan entitled, “ConsCom Layout Plan” 4/1/09 last revised date.
The Conservation Administrator explained that a recent inspection performed by the Commission’s Wetland Consultant, Peter Fletcher, indicates that the soils are not hydric between the BVW in Wetland Flag Series Q and the Upper Depression of Wetland Series R. The Applicant has agreed with the Conservation Administrator’s recommendation to relocate the wetland line several feet upgradient from Wetland Flag Series Q and the Upper Depression due to the presence of facultative vegetation and facultative wet.
Jesse Moreno reviewed Coler and Colantonio’s Peer Review Report concerning the proposed project’s Stormwater Management Design.
The Conservation Administrator requested a copy of Tom Houston’s written response to Coler and Colantonio’s proposed Peer Review Report.
Attorney Shelmerdine anticipates submitting a copy of Tom Houston’s Peer Review Report to the Commission by next week.
Jesse Moreno reviewed the proposed planting plan and re-vegetation plans for the proposed project with the Commission. He explained that the critical areas of concern previously expressed by the Commission have been addressed, especially along the 255 – 256 topography line. He reviewed the proposed Grading and Drainage plan for the project with the Commission that includes a thick layer of plantings being proposed to buffer the area between the back portion of the units and the pond area. Standard street tree plantings and buffer plantings are proposed along the edge of the property line in that area of the proposed project site. The proposed Buffer Zone and Riverfront Area Re-Vegetation Plan identifies four proposed re-vegetation areas. The Compensatory Storage Area has been identified as Re-vegetation Area A on the proposed plan. Re-vegetation Area B includes the pond area and stormwater basin. The shallow sections along this area are proposed to be re-vegetated. A GeoTextile product is being proposed as an alternative to Rip Rap near the spillway area. The product is designed to allow grass and vegetation to grow through it. A grass-type paving material is being proposed, as opposed to a pavement, for vehicle access along the pond area.  Re-vegetation Area C includes the wetland side of the proposed living units. Re-vegetation Area D is located upgradient from the old layout of Old Post Road. Jesse Moreno reviewed the specifications of the proposed planting plan requested by the Commission. All non-invasive and native species plantings are being proposed for the project.
Attorney Shelmerdine explained to the Commission that the Applicant is meeting again with the ZBA on 4/15/09. Tom Houston is currently drafting his decision for submittal to the ZBA concerning the proposed project.
Peg reviewed the Applicant’s request filed with the Commission to change the wetland resource area delineation in the wetlands located in the back of the proposed project site. The majority of the Commission has visited the site and is satisfied with the proposed new wetland line.
Peg called for a motion for the Commission to accept the Applicant’s request to amend the Order of Resource Area Delineation to reflect the new wetland line shown on the new plans.
Elizabeth McGrath moved. Keevin Geller seconded. Voted. Unanimous.
Peg called for a motion for the Commission to close the hearing for DEP# SE-280-0501, pending receipt of the Applicant’s complete set of plans referencing the revisions discussed with the Commission, including the proposed erosion control and planting plans.
Elizabeth McGrath moved. Meredith deCarbonnel seconded. Voted. Unanimous. 7-0-0.

10:00 p.m. Signatures:
The Commission signed bills. ORAD for Old Post Development Corporation, DEP File# SE-280-0487.
10:15 p.m. Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. Unanimous. 7-0-0.