Town of Stoughton. 10 Pearl Street, Stoughton, MA Meeting Minutes September 7, 2017

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1 Town of Stoughton 10 Pearl Street, Stoughton, MA Meeting Minutes September 7, 2017 CONSERVATION COMMISSION STOUGHTON, MASSACHUSETTS The Stoughton Conservation Meeting Met Thursday September 7, 2017 in the Margaret Fitzpatrick Meeting Room 1 st Floor, 10 Pearl Street, Stoughton, Massachusetts The following members were present: David Asack, Chairman William Francis J. Lionel Lucien Gerald McDonald, Vice Chairman Steve Wilkinson The following members were not present: Lauren Duff John Morton Also present were: James Conlon, Environmental Affairs Officer; Maura Boudrot, Secretary; The Conservation Commission meeting was called to order by the Chairman at 7:07 PM Motion made by Mr. McDonald to add DEP # , 631 West Street for Certificate of Compliance to tonight s agenda, seconded by Mr. Francis. Mr. Conlon stated that a partial Certificate of Compliance was issued in 2003 and at present ever thing is in compliance and would recommend a Certificate of Compliance. The Chairman asked if anyone from the public would like to be heard on this matter no one from the public was in attendance for this matter. Motion made by Mr. Francis to accept and approve Certificate of Compliance, seconded by Mr. McDonald. Public Hearing: DEP # Notice of Intent Application under the Massachusetts Inland Wetlands Protection Act Regulations and the Regulations of the Stoughton Wetlands By-law, to perform a Septic System upgrade at 399 Canton Street, Stoughton Ma; Meeting Minutes September 7, 2017, Approved October 5,

2 The Chairman read the public notice in to the record. Motion made by Mr. Francis to open the Public Hearing for DEP # , seconded by Mr. Wilkinson. Mr. Patrick Carrara III, consultant with P.M.P. Associates LLC; was present for DEP # Mr. Carrara stated they propose to repair the septic system were an existing cesspool is located in the rear of the yard irrigation is involved that will help minimize the grading with a single 2000-gallon tank with a 500-gallon pump chamber and gallon septic tank compartment 100 from the wetland buffer zone. He advised they will dewater during the excavation of the system but were unable to perform a pert test. The Board of Health has already approved the plans. Mr. Conlon stated it has been inspected and there are no concerns this will be an improvement. Motion made by Mr. Francis to approve with plan presented here tonight, seconded by Mr. McDonald. DEP # ANRAD Assessors Map Number 37, Parcel Number 4 West Street, Grey Max Construction. Motion made by Mr. Wilkinson to open DEP # ANRAD, seconded by Mr. Francis. The Chairman read the public hearing notice in to the record. Mr. Tom Rebula, consultant with Goddard Consulting, LLC; was present for DEP # ANRAD. Mr. Francis stated on the plans the parcel in question is unbuilt and there is a meadow there. Mr. Conlon stated he did walk the site and couldn t recommend the approval ANRAD tonight he would like to perform further review of the site. He advised they were missing wetland flags some of the pits are not regulated, and the west side is hydrated. Mr. Conlon further stated when observing the soil, he believes the wetland he stated he viewed a preponderance of hydrophytes upgraded from the flagged wetland line. He also stated that there are isolated wetlands on the site in the upper field on the site which should be delineated and quantified lines need to be changed. Motion made by Mr. McDonald to accept applicants request to continue to the first meeting in October, seconded by Mr. Francis. DEP # Notice of Intent Application of the Stoughton Wetlands By-law, to perform a Septic System upgrades at 28 Smyth Street, Stoughton, MA; The Chairman read the Public Notice in to the record. Mr. Thomas Roux, P.E., Spink Design; was present for DEP # Meeting Minutes September 7, 2017, Approved October 5,

3 Mr. Roux stated they are proposing a Title 5 Septic System with a gallon septic tank and a gallon pump chamber tank it is a conventional mounded system with no retaining wall. Mr. Roux further stated the Board of Health already has approved the title 5 Septic System plan. Mr. Conlon stated he approves of the proposal. Mr. Conlon then stated we can t issue an Order of Conditions tonight because the applicant doesn t have a MassDEP number issued by the state. Mr. McDonald inquired if we could approve the plans tonight anyways. Mr. Conlon stated it is a public hearing and the abutters were notified. The Chairman asked if anyone from the public want to be heard on this matter no one from the public responded. Mr. Lionel stated he would like to see erosion control on both sides of property extended with hay bales. Motion made by Mr. Lucien to continue 28 Smyth Street to the next scheduled meeting, seconded by Mr. Francis. 5-0 DEP # : Washington Street Notice of Intent for New Commercial Construction, Farland Corporation Continuance; Motion made by Mr. McDonald to accept applicants written request for a continuance, seconded by Mr. Francis. DEP # Lake Drive, Notice of Intent for New Well, Septic System Upgrade and Residential Building Addition; Motion made by Mr. Francis to accept applicants request for a continuance for the first meeting in October, seconded by Mr. Lucien. DEP # : Park Street, (MAP 76 Lot 32&54) Notice of Intent for New Single Family dwelling, Farland Corporation; Continuance; Motion made by Mr. Wilkinson to continue DEP # , seconded by Mr. McDonald. Fine Hearing for Enforcement Order at 1152 Washington Street, Ralph Salvucci, Red Oak Landscaping Company; Continuance; Mr. Conlon stated he spoke with Peter Salvucci, owner; who stated he would be late tonight and plans on filing a Notice of Intent. Mr. Francis stated we ve been hearing this for 3 months that they re going to file a Notice of Intent they seem to do what they want. The Chairman asked Mr. Conlon if he could calculate any fines that could include access to daily fines and wants the calculations in his hand before all fine hearings. Meeting Minutes September 7, 2017, Approved October 5,

4 Mr. Lucien advised a Notice of Intent is different from a fine hearing we should have the fine hearing now, if we receive a Notice of Intent we can make a decision to address mediation. The Chairman advised the goal is to clean up the site, file Notice of Intent and proceed with the fine hearing. Mr. McDonald stated Mr. Conlon needs to proceed with calculation and assessment of the fines. Mr. Francis stated with the Town of Stoughton. Motion made Mr. McDonald to have Mr. Conlon calculate fines with the provision of the accumulations of daily fines for continuing failure to comply with the Enforcement Orders seconded by Mr. Wilkinson Fine Hearing for Enforcement Order at 48 Elizabeth Street, Anthony Donofrio for filling of Wetlands Resource Area, Continuance; Motion made by Mr. Wilkinson to Continue 48 Elizabeth Street, seconded by Mr. McDonald. Vote passed Mr. Francis Abstained DISCUSSION: Enforcement Order: Michael Schoolcraft, 78 Parkview Avenue; Continuance; Mr. Michael Schoolcraft, Owner; Mr. Paul Brodmerkle, PE; Site Design Professionals; were present. Mr. Brodmerkle stated he was hire to make a plan for the delineation of the project concerning the toe of the slopes and the vegetation, there s still more to pull back their 25 to 50 from BVW. Mr. Brodmerkle advised most of the slopes are stabilized 1 ½ to 2 slopes that are not too steep. Mr. Francis stated you need to pull those slopes back and need an easement I m concern about those slopes surface run off water directing in to your neighbor s yard. Mr. Brodmerkle advised they did put swales down. Mr. Conlon stated he would like a swale on the east side. He advised the filled area should not be on the neighbor s property he advised that the toe the slopes should be 50 away from wetlands, Mr. Conlon advised the board to continue to next meeting with a better plan for moving the slopes back. Motion made by Mr. McDonald to continue to the next meeting, seconded by Mr. Wilkinson. DEP # : Jerry Cibley, 28 Britton Avenue, Final Certificate of Compliance request; Mr. Jerry Cibley; owner; Mr. Richard Hayes, Hayes Excavation; Mr. and Mrs. Thomas Chandler, abutters; were present for 28 Britton Avenue. Meeting Minutes September 7, 2017, Approved October 5,

5 Mr. Francis stated he had pictures for the board to review showing a retaining wall the applicant built that was not in the original plans, building it was illegal. Mr. Cibley handed out a hand written letter from his neighbor signed stating they do not hold Mr. Cibley responsible for any water runoff from 28 Britton Avenue on to their property at 20 Britton when the wall is built. Mr. Conlon stated he was advised by Mr. Cibley that he and the neighbors came to some agreement with an alternative grading agreement beyond the property line with the condition of the wall. Mr. Lucien stated he was worried about what is happening on the neighbor s property with the storm water runoff and wondering if the neighbors need to file. Mr. Conlon stated there is no easement and on the neighbor s property located at 20 Britton Avenue has to be address to protect all parties involved. The Chairman stated we need to get the easement issued and other deficiencies worked out or the next step would be an Enforcement Order. Mr. Conlon stated the applicant is trying to avoid an Enforcement Order he is working to resolved the outstanding deficiencies and issues in the order of Conditions. Mr. Cibley stated at the request of his contractor he built a wall hoping this would resolve some of the issues with the grading and didn t know it was illegal to build or would have cause problems. Mr. Hayes stated they replaced the deck and built a new one but had to tear it down because the Board of Health said it was too close to the septic system. So we can t move forward we are waiting for guidance from the Board of Health. Mr. Conlon stated it is important that Mr. Cibley works with the Board of Health and that the plans are certified by a professional registered engineer with grading and supervised at the time of construction. Motion at 9:03 PM to adjourn made by Mr. Francis, seconded by Mr. McDonald. Vote Unanimous Meeting Minutes September 7, 2017, Approved October 5,