Conservation Commission Minutes, January 8, 2014
FINAL
MINUTES OF THE
CONSERVATION COMMISSION
January 8, 2014
Present:
Steve DeGabriele, Chairman
Tom Tanner, Vice Chairman
Scott Dowd, Clerk
Anthony Merlino, Commissioner
George Loring, Commissioner
Also Present:
Mary Ellen Schloss, Administrator
Lee Hultin, Recording Secretary
Commissioner DeGabriele called the January 8, 2014 meeting to order at 7:00 pm at the Town
Hall, Council Chambers, 75 Middle Street, Weymouth, Ma.
Approval of Minutes:
Cmmr. Tanner made a motion to approve the minutes of December 11, 2013 as amended and
was seconded by Cmmr. Dowd.
VOTED UNANIMOUSLY
45 Elm Street – Notice of Intent – Continuance
Jack Chenette
Map 42, Block 498, Lot 015
DEP File # 81-1130
Addition, garage, driveway
Mary Ellen Schloss stated that she has received a request from the applicant to withdraw the
Notice of Intent application. The Commission has accepted this request to withdraw the
application of 45 Elm Street.
21 Old Pine Street – Certificate of Compliance
Map 47, Block 540, Lot 006
DEP File # 81-472
Single family house
Mary Ellen Schloss stated that Tony Merlino needs to recuse himself from this discussion.
This is a request to close out an old Order of Conditions for construction of a single-family
house. The OOC was issued in 1989 under DEP File #81-472. An as built plan was filed in the
Building Department showing the location of the house as approved by the Conservation
Commission on the Order of Conditions Plan. Mary Ellen has conducted two site inspections
and she recommends a vote to approve this Final Certificate of Compliance.
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Cmmr. Tanner stated that this property was a Town owned lot that was auctioned off and did not
have a house on it. The applicant then built a house on it.
Cmmr. Tanner made a motioned to approve the Certificate of Compliance on 21 Old Pine Street ,
DEP File #81-472 and was seconded by Cmmr. Loring.
Voted 4-0 (Merlino abstained)
135 Randolph Street – ANRAD
Map 48, Block 547, Lot 014
DEP File #81-1137
Confirm wetland line – BVW, Riverfront
Brad Holmes, with Environmental Consultant Restoration appeared before the Commission to
represent the applicant.
Cmmr. Tanner made a motion to open the public hearing on 135 Randolph Street, DEP File #811137 at 7:12 pm and seconded by Cmmr. Loring.
VOTED UNANIMOUSLY
This is a single family lot with a wooded yard that backs up to the Mill River. This application is
an ANRAD filing with a proposed wetland delineation for BVW and Mean Annual High Water
(Riverfront) along the Mill River.
Mary Ellen Schloss met with Mr. Holmes, wetland scientist, on December 23, 2013 to review the
flagging. It was agreed to move wetland flag #6 several feet further upgradient. A revised plan
was submitted to the Commission.
Mr. Delahunt of 145 Randolph Street stated that his side of the property along the stone wall has
a big dip and he would like to know if it will be filled in and if so, how will it be drained.
Mr. Holmes stated that he is not involved in any proposed design. Anything proposed on the lot
will have to be filed with this Commission. Right now the commission is just addressing the
delineation line. Any construction on the property will require a Notice of Intent and all abutters
would be notified.
Cmmr. Tanner made a motion to close the public hearing on 135 Randolph Street, DEP File #811137 at 7:20 pm and seconded by Cmmr. Loring.
VOTED UNANIMOUSLY
Cmmr. Tanner made a motion to approve DEP File #81-1137, 135 Randolph Street, Abbreviated
Notice of a Resource Area Delineation for a Bordering Vegetation Wetland area and Riverfront
Area and was seconded by Cmmr. Dowd.
VOTED UNANIMOUSLY
Ms. Schloss noted that there is a flood plain on the property that is not part of this ORAD and
when an NOI is filed the applicant will have to show it.
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7 Sherrick’s Farm Road – Notice of Intent
Paula Rosato
Map 28, Block 358, Lot 024
DEP File # 81-1138
Deck, retaining wall, grading
Cmmr. Loring made a motion to open the public hearing on 7 Sherrick’s Farm Road, DEP File
#81-1138 at 7:21 pm and seconded by Cmmr. Tanner
VOTED UNANIMOUSLY
This is an NOI filing for work in a backyard (grading, retaining wall construction,
expanded deck) within the Buffer Zone of a BVW. The plan shows for the erosion controls to be
installed a few feet beyond the vegetation line, so the proposal as shown would entail some
clearing.
Mary Ellen Schloss conducted a rough wetland flagging during a site visit on September 17,
2013. Her flags were used for the NOI wetland delineation.
Mary Ellen Schloss gave a little history of the site. She stated that the original subdivision
approval for Sherrick’s Farm Road (DEP File #81-788, issued August 11, 1999) required
wetland replication work on this lot and the lots on either side of it. The Order of Conditions
approved 3,800 square feet of wetland fill for construction of the subdivision roadway, to be
mitigated by construction of an 8,000 square foot replication area on the three lots.
The builder never constructed the replication area and has not sought a Certificate of Compliance
for the subdivision Order of Conditions. The construction of the house was built under DEP File
# 81-847 in 2001. The Planning Board released the bond for the subdivision in 2004. As of
August 2013, the DPW had not accepted the roadway.
The work proposed under this current NOI would be partially located within the originallyproposed wetland replication area. In 2006, the Commission allowed the northerly neighbor, at 1
Sherrick’s Farm Road, to build a retaining wall. That wall is also partially located within the
originally-proposed replication area. Mary Ellen Schloss does not recommend pursuing
construction of the replication area in its original location.
Mr. Pozerski of Merrill Associates appeared before the Commission and stated that this is an
elderly couple that wants to make the back yard more usable. They would like to extend the
deck up top. They will not be filing in any wetland areas.
Cmmr. Tanner asked if there will be any blasting and it was stated no.
Cmmr. Loring asked how tall the stone wall in the back yard would be and it was stated less than
4 feet and it will be filled in from the wall to the house wall with clean fill. This will be to flatten
out the back yard. It will be very similar to the neighbor’s wall.
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Cmmr. Merlino asked if there will be any equipment on the opposite side of the wall and it was
stated no.
Cmmr. DeGabriele stated that the wall is already in the originally-proposed replication area and
does not want to see it get extended any further than it already is. The lawn appears to be
beyond what was approved in the Certificate of Compliance.
Mary Ellen Schloss stated that the proposed project would be entirely on the existing lawn area
so there is no disturbance beyond the wall. The erosion controls should be on the line of existing
vegetation.
The public was given the opportunity to speak and there were no comments.
Tom Pozerski walked through the proposed sequence with everyone. They will set the silt socks,
bring in the gravel base, level it and then lay 8 inches of gravel, compact it and put blocks in and
fill it in. Sub-drains will be placed every 20 feet within the wall.
Cmmr. Tanner made a motion to close the public hearing on 7 Sherrick’s Farm Road, DEP File #
81-1138 at 7:35 pm and was seconded by Cmmr. Dowd.
VOTED UNANIMOUSLY
Cmmr. Loring made a motion to issue a Standard Order of Conditions along with all the
conditions stated this evening and was seconded by Cmmr. Tanner.
VOTED UNANIMOUSLY
Commissioners agreed that Ms. Schloss should follow up with the builder regarding closeout of
the Order of Conditions and the missing replication area. The Commission may ask for offsite
replication or funds for offsite mitigation.
CPC Update
Cmmr. Loring said due to the last snow storm the CPC meeting was cancelled and they are not
meeting until February.
Other Business
Well Construction Permit – 199 Ralph Talbot Street, Discussion
Matthew Woodford
Map 46, Block 534, Lot 001
Mary Ellen Schloss stated that the Health Department has circulated a request for comments on a
well construction permit for an irrigation well at this location. The well would be permitted
under the Board of Health’s new well ordinance. The well location appears to be within 100 feet
of a wetland resource area.
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Mary Ellen Schloss stated that she was out there today and the well location was staked. This is
a small single family lot. The application to the Health Department is very basic. The well is
about 95 feet from the edge of a wetland stream.
Comments to the Health Department are due tomorrow.
Cmmr. DeGabriele would like more information about the well and its impacts. Ninety-five feet
away from the stream doesn’t seem to be much of a concern. The lot is about 3,000 square feet.
Cmmr. Loring would like to know how much material will be pulled out and where it will be
going. Also, how much water will it draw.
Cmmr. DeGabriele would like a letter from the well driller explaining the details of the well
construction and what, if any, impact there will be on the wetland areas so the Commission can
determine whether a formal filing is needed.
Mary Ellen stated that she is trying to reschedule the Legion/Lovell walk through for 10:00 am
on Tuesday the 14th.
Conservation Report:
See Conservation Administrator’s Report of January 8, 2014.
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Jackson Square Fish Barrier proposal has been received.
Route 18 Expansion – Derby Street drainage revised plans were emailed today.
Route 18 Expansion – Wetlands Mitigation Area will be moved to the Calnan Drive site
instead of Abington site.
January 10, 2014 there is a meeting to discuss the route for the Great Esker Park 5k “off
road” race.
January 21, 2014 the funding request for the Whitman’s Pond Winter Lake Level
Drawdown is going before the Town Council.
Received the 2013 King Philips monitoring report.
ADJOURNMENT
Cmmr. Loring made a motion to adjourn at 8:05 pm and was seconded by Cmmr. Tanner.
VOTED UNANIMOUSLY
Respectfully submitted by,
Lee Hultin
Recording Secretary
Approved by:
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Conservation Commission Minutes, January 8, 2014
Scott Dowd, Conservation Clerk
FINAL
Date
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