Town of Southwick, MA - MInutes May 19, 2008

Minutes of the Southwick Conservation Commission

7:08 PM –Chairman Chris Pratt called the meeting to order. Seated were Seth Kellogg, Vice Chair, Mehmet Mizanoglu, Albert DeLoreto (7:21 PM), Richard Solek and David Stansbury . Dennis Clark was also seated.

• Letter to Planning Board Re: Williamsburg Estates infiltration and detention basins

• Letter From Tighe & Bond RE: Proposal for NOI Peer Review Williamsburg Estates

• From T Henry review of 53.8 acre Swanson property to be used as matching purchase

U S Fish & Wildlife Service grant

• Letter from Atty Ferrigno RE: 25 Industrial Rd. Zone Change

• Harbormaster report on Dock Permits issued

• Minutes: Board of Health Lake Management

• Rail Trail – Mr. Clark advised the SCC that there will be a site visit tomorrow @ 1PM with Lane Construction Co. General Foreman Tim Durand for Phase 1. It was reported that there are tire tracks in the freshly planted field but so far no trees have been destroyed.

• Robin Rd. – tree cutting. It is time to revisit this property to view potential tree replacement.

• Saunders Marina – The owners notifed the office that they would like to pave over where they put the tank in. This was not covered under the existing Determination of Applicability.

• Lake Survey – Mr. Clark reported that he and Rick Solek surveyed the Lakes for emerging weeds with the assistance of Aquatic Control Technology. Mr Solek reported that the number of acres has dropped from 35 to 19 to be treated. A decision was made to allow treatment of the cove.

• Williamsburg Estates – Update. As agreed to at the last meeting they did the perc tests. Based on the results of the Perc test they are going to change the type of basin. As regards the peer review a request was made to add B E C to the consultant list. Tighe & Bond has supplied the scope of services for the work. The Operation & Maintenance Plan needs to be a more specific document. He also mentioned that communications between himself and D L Bean representatives is in writing. If something can be handled via email the Commission is cc’d on everything also. Copies of the letter to the Planning Board dated May 12, 2008 signed by Mr. Clark were distributed. (See attached Exhibit “A”.)

32, 34, 36 Beach Rd. – Mr. Clark presented the SCC with the Order of Conditions, file # 454-117, for 32, 34, 36 Beach Rd. tree removal. The SCC signed the Order.

7:20 PM RDA 30 Miller Rd. Alan Baum- To remove 7 trees and place crushed stone or patio blocks over clean fill to prevent further erosion. The Hearing Notice was read by the Chairman. Mr. Baum appeared to present the plan. Mr. Baum appeared before the Commission to present the plan. Mr. Baum stated they have a pine tree very close to the house they would like to remove as a priority. There is an oak located along the road that they would like removed. There are a couple of dead trees behind the house to go. They would like to level off part of the back yard. Previously there were bushes there but they died. He further said they don’t want lawn there but might need to add clean fill to level the area. Mr. Baum stated that when there is a heavy rain the area there separates and erodes. Seth Kellogg stated the lots in that area were filled in back in the 70’s which is why they are washing away. R Solek stated he viewed the trees and there is cause for concern. R Solek made a motion to approve the plan to cut the specified trees and include the addition of fill or top soil and the need to install silt fencing. 2^nd David Stansbury All In Favor Motion Carried The Commissioners signed the Determination.

7:32 PM NOI DEP File #292-0277- Daniel Thompson for 38 Beach Rd. The proposed work is to construct a new single-family home and associated landscape improvements within the 100-ft buffer to the Lake. Hearing Notice was read by the Chair. Mr. Thompson and the wetland representative for this project, David Payne of Planit Green, appeared to present the plan. Mr. Payne presented the proof of mailing to abutters. Mr. Payne stated there will be no equipment on the bank to the Lake at all. The machinery will be operated from the top of the bank. There was a map of the parcel depicting the areas of work explained to the SCC. There will be a second story added to the house. Retaining walls, steps and plantings were discussed. Resource areato the bank will not be disturbed. The retaining walls etc work will be done by hand. This project will be a vast improvement over what is currently there. Invasive bittersweet is predominant on the bank now. Two large oaks are proposed to come down. There will also be some other plantings below the wall to stabilize the soils.

Rick Solek asked about the new concrete steps. “ Are the new ones to be in the footprint of the existing ones there now?” Mr. Payne replied, “Generally”. Mr. Payne stated there is an existing dock.

Mr. Clark questioned Mr Payne about the DEP comments. Mr. Clark asked if the DEP comment stating that the project does not appear to be entirely a buffer zone project as stated on Page 2 of the NOI is correct? Mr. Payne stated that is true. Buffer zone activities were discussed.

Rick Solek asked where is storm water going to go once it reaches Beach Road? Mr Payne stated the storm water is not being controlled now. Mr. Solek said that is going to be a lot of water entering onto Beach Road. Mr. Payne suggested dry wells. Mr. Clark stated there are concerns about the water coming off the roof also. Will this be infiltrated into the ground? Mr. Payne suggested they could do soil tests for the infiltration will be appropriate.

Mr. Solek asked questions about the chain link fence area, the new proposed house and the steps. How much material will have to be moved to put in the steps? Mr Payne replied, “Not much”. Mr. Thompson stated they are in the process of discussing with the neighbor where the property line is located. Mr. Payne asked if there would be a problem if the other oak at the top of the slope came out? Mr. Solek stated “No”. Mr. Delskey, 36 Beach Rd., stated he has a question regarding what is going to happen to his line of site to the Lake. Mr. Delskey was advised that is not part of Conservation jurisdiction. Mark Sposato of 40 Beach also attended the Hearing. Mr. Solek questioned why they do not wish at this time to apply for a dock. Mr. Payne responded as they do not wish to complicate matters. Mr. Clark advised that as long as they will install a dock that gets removed every fall they do not need a Chapter 91 license. The applicant signed a Continuation Sheet until June 2, 2008 to allow time to determine driveway drainage.

8:00 PM Informal John Dziengelewski – Mr. Clark explained that Town Meeting is tomorrow night and these folks would like to get their property rezoned from the AC zone to Industrial. Further Mr. Clark stated these folks have two Orders of Conditions from this Commission for this project. There is going to be 200-feet of riparian zone restored. That will be a nice buffer area. Mr. Dziengelewski stated the Assessor’s have been taxing him as if the land was Industrial zone. One third of the land is Industrial Zoned and the other 2/3 is Agricultural. So he could put a lumber yard in there. Mr. Clark stated that if they get to construct the project they propose they will actually be improving the environment. Mr. Dziengelewski stated that the plan remains basically the same. Nothing has really changed other than the new plan shows the run-off for the water into a stone bed; it has a grease trap/ oil separator for any water caught in the building or the parking lot. Mr. Clark stated the DPW has reviewed the plan correct? Mr. Dziengelewski stated correct. The Commission reviewed where the zone changes. Mr. Kellogg questioned if the whole parcel needs to be rezoned. Mr. Kellogg stated we would protect this whether it is in the AC zone or not under wetland law. The Commission agreed to be present at Town Meeting to answer questions in this regard.

Review of Minutes The Minutes of December 17, 2007 were reviewed. Seth Kellogg made a move to approve the 12/17/07 Minutes. 2^nd= David Stansbury All in Favor Motion carried. The Commissioners signed the Minutes

The Minutes of March 3, 2008 were reviewed. R Solek mad a motion to approve the amended 3-3-08 Minutes 2^nd=M Mizanoglu All in Favor Motion Carried. The Commissioners signed the Minutes.

The Minutes of March 17 were reviewed. Seth Kellogg made a motion to approve the Minutes as recorded. 2^nd=Al DeLoreto All in Favor Motion Carried The Commissioners signed the Minutes.

The Minutes of April 7, 2008 were reviewed. Al DeLoreto made a motion to approve the 4-7-08 Minutes. 2^nd=M Mizanoglu All in Favor Motion Carried The Commissioners signed the Minutes.

Public Comment- Scott Ricker of Lakeshore Drive requested permission to speak. Mr. Ricker inquired if the SCC had anything to do with the restrictive barrier @ 192 Berkshire Ave. Mr. Clark replied in the affirmative. Mr. Ricker asked “Why”? Mr. Clark replied to protect the Habitat from boat traffic. The area is shallow and boats passing through would disturb the soils creating muck conditions. R Solek added that once the soil was removed the party boats from the Marina backed into the area. Mr. Clark stated there is also a similar area on North Pond that is restricted. Not to mention the disturbance to the beaver lodge. Mr. Solek stated other areas of the Lake will be restricted also. The Marina moved their docks away from the new culvert area for safety reasons making them closer to the wetland area.

Goose Pond Update – David Stansbury reported the planted pines are doing well. They placed a sign at the entrance to the planted area. He stated signage is probably needed.

8:30 PM Seth Kellogg made a motion to adjourn until the next scheduled Meeting. 2^nd R Solek All in Favor Motion Carried

Respectfully Submitted

Hillside Development Corporation

As provided by G.L. Ch. 44 § 53G the Southwick Conservation Commission may impose reasonable fees for the employment of outside consultants, engaged by the Conservation Commission, for specific expert services. Such services shall be deemed necessary by the Commission to come to a final decision on an application submitted to the Conservation Commission pursuant to the requirements of: the Wetlands Protection Act (G.L. Ch. 131 §40), the Southwick non-zoning Wetland Bylaw 182 & 450, Conservation Commission Act (G.L. Ch. 40 §8C), or any other state or municipal statute, bylaw or regulation, as they may be amended or enacted from time to time.

At this time the applicant shall consider this correspondence as written notice that the Southwick Conservation Commission has chosen an outside consultant, Tighe and Bond, to review the storm water data submitted with Notice of Intent DEP File No. WE 292-0272. Tighe and Bond has been chosen as the outside consultant to review the Stormwater Management under the jurisdiction of the Conservation Commission, and Department of Environmental Protection standards. The Commission has also chosen Tighe and Bond to do the on site monitoring during the construction process.

Funds received pursuant to these rules, ten thousand dollars, shall be deposited with the town treasurer who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Conservation Commission without further appropriation as provided in G.L. Ch. 44 §53G.~ Expenditures from this account shall be made only in connection with a specific project or projects for which a consultant fee has been collected from the applicant.~ Expenditures of accrued interest may also be made for these purposes.

The fee must be received prior to the initiation of consulting services.~ The Commission may request additional consultant fees if necessary review requires a larger expenditure than originally anticipated or new information requires additional consultant services. ~Failure by the applicant to pay the consultant fee specified by the Commission within ten (10) business days of the request for payment, or refusal of payment, shall be cause for the Commission to deny the application based on lack of sufficient information to evaluate whether the project meets applicable performance standards in 310 CMR 10.00 and the Southwick wetlands bylaw or its regulations.~

The applicant may appeal the selection of the outside consultant to the Southwick Selectboard, who may only disqualify the outside consultant selected on the grounds that the consultant has a conflict of interest or does not possess the minimum required qualifications.~

When the Commission’s review of a project is completed and an Order of Conditions issued, any balance in the special account attributable to that project shall be returned within 30 days.~ The excess amount, including interest, shall be repaid to the applicant or the applicant's successor in interest.~ For the purpose of this regulation, any person or entity claiming to be an applicant's successor in interest shall provide the Commission with appropriate documentation.~ A final report of said account shall be made available to the applicant or applicant's successor in interest.

Christopher J. Pratt

Chair for the Commission

Cc: D.L. Bean Inc. / Joseph A. Pacella, Esquire / Tony Zaharias / Richard Gunn