Approved 1/11/07
TOWN OF WELLESLEY
WETLANDS PROTECTION COMMITTE
Thursday, February 16, 2006
Natural Resources Commission, Lower Level
Town Hall, 7:30 p.m.
Present: Rhonda Ryznar; Vice Chairman; Robert Lubker; Marc Taylor; Rebecca Weissman; Peter Keenan, Conservation Administrator.
Absent: Robert McDonnell; Mary Jane O'Donnell.
Guests: Dean Behrend; Frank Iebba; Hamid Nakhaee; Sahaila Rahmatpour; Glenn E. Krevosky; David Johnson; Sanjeev Singh.
Public Voice: No one spoke for public voice.
Request for Determination of Applicability
169 Grove St, Dean Behrend
Dean Behrend presented a plan of the lot at 169 Grove Street, on the corner of Benvenue Street. The Planning Board has already accepted the division of the parcel into four smaller "Approval Not Required" lots. At the front of the lot, near Grove Street, there is a small pond that was part of an artificial circulation system for a fountain built by a previous owner. Water from the fountain flowed down through a narrow winding metal trough to this depression, from which it was pumped back up to the fountain nearer the house. (The sound of the running water would help rehabilitate children victimized by gunshots and cared for in this house.)
Marc Taylor asked if the mound between the pond and the house was created by the excavation of the pond. Mr. Behrend said the mound did not come from the pond, though it, too, was manmade. He said that the Corps of Engineers shows this pond as a speck on its map.
Committee members asked about the culvert under Grove Street, one end of which is at a headwall near the pond but higher in elevation. Mr. Behrend said that town engineer Doug Stewart told him that the culvert had been cut when the Town installed a sewer line in Grove Street and was no longer functional.
Peter Keenan said that the pond would not qualify as a resource area under the Wetlands Protection Act because it could not have the 10,000 square feet of water surface at least once every 10 years, as required for a regulated pond. The Bylaw does not define pond and presumably accepts the Act’s definition. The narrow vegetated wetland surrounding the pool is not jurisdictional under the Act because it does not border on a resource area recognized by the Act, and it is too small (less than 2,500 square feet) to be an isolated vegetated wetland under the Bylaw. It is too small to be considered a regulated isolated land subject to flooding, since it could not hold the required 1/4 acre-foot of water. However, it could possibly qualify as a vernal pool habitat under the Bylaw.
Mr. Behrend said the pool has stones in the bottom, which might prohibit its use by vernal pool species. The Committee and Mr. Behrend agreed that vernal pool characteristics could best be investigated in the spring. Mr. Behrend agreed to continue the meeting to March 30 to permit early springtime observation.
Marc Taylor moved to continue the meeting on this Determination until March 30, Robert Lubker seconded, and the motion the motion carried 4 – 0.
Site visits by Rhonda Ryznar, Marc Taylor, and Peter Keenan.
Notice of Intent (DEP File #324-517)
978 Worcester Street, Dean Behrend
Applicant Dean Behrend and engineer Frank Iebba presented a proposal for partial redevelopment of the parcel now occupied by the Wellesley Motor Inn. The building extending along the eastern property line would be demolished and a new commercial building would be constructed within the front half of the lot, set back from Route 9. The smaller of the two existing buildings, located toward the southwest corner of the lot, would remain. The existing parking lot would be reconfigured to use the space around the buildings and would be redesigned with an improved drainage system. The parking area now has no catchbasins, and stormwater flows directly to the rear of the lot and into the wetland bordering Morses Pond. The plan provides for treating all stormwater runoff from the buildings and parking
lot with catchbasins, particle separators, and infiltration chambers, and by regrading for directing runoff to the catchbasins. Mr. Iebba said he has done percolation tests at two points on the site.
Marc Taylor asked about the past and future use of the site. Mr. Behrend said that it has been a motel and restaurant, and the new building will be retail and commercial.
Peter Keenan pointed out omissions and inconsistencies in the submitted Notice of Intent and Stormwater forms. He said an existing conditions plan is needed and plans should show the 100-year flood line and the 100-foot wetland buffer zone. The results of drainage calculations were submitted, but the backup information and calculations should also be submitted. Mr. Iebba said he had sent these in as requested, but Mr. Keenan said he had not received them. Mr. Iebba submitted another copy of the drainage calculations. Mr. Keenan said that Mr. Behrend has submitted an operation and maintenance letter, stating that stormwater devices would be cleaned annually and that he, as owner, would be responsible for maintenance.
The Committee discussed the need to assure proper and continuing maintenance of this and similar stormwater systems.
Mr. Behrend agreed to continue the hearing to March 9 to allow additional information to be submitted and reviewed. Marc Taylor moved to continue the hearing to March 9, Robert Lubker seconded, and the motion carried 4 – 0.
Site visits by Rhonda Ryznar, Robert Lubker, and Peter Keenan.
Continued Notices of Intent (DEP File #324-514 & 324-515)
20 Overbrook Drive, Sohaila Rahmatpour & Nakhaee Hamid
Applicants Hamid Nakhaee and Sahaila Rahmatpour, and consultant Glenn Krevosky, presented revisions to the plan. On Lot A, permeable pavers are now shown for the extended part of the driveway in the 25-foot No-Disturbance Zone. Instead of monuments to mark the edge of the pavement where it would be close to the stream, Mr. Krevosky now proposed a bituminous berm and suggested that it would be more appropriate and equally effective in deterring future disturbance toward the stream. For both Lots A & B, a note on the revised plan designates the Restored Buffer Zone and the Natural Woodland Area as “No Maintenance Zones.” Mr. Krevosky presented a deed restriction drafted by a lawyer to prohibit all but organic lawn care on both lots. The area of pavement on Lot A would be
reduced at the southwest corner of the driveway. Infiltration rates would be tested before the installation of groundwater recharge devices, and the system expanded if necessary. Detailed installation plans of the infiltration chambers and the impervious pavement were also submitted. These revisions cover the list of concerns raised at the last meeting. The Committee will review the restrictive covenant before finally approving it.
Mr. Krevosky said that fill would need to be brought in to achieve the proposed grades.
Marc Taylor moved to close the hearing and issue the Order of Conditions. Robert Lubker seconded the motion, which carried 4 – 0.
Restoration Enforcement Order
Edgemoor Avenue
The Committee considered the draft Enforcement Order requiring completion of the road project according to the plan presented by the applicant at the last meeting. The Committee postponed the assessment of a penalty for the violations until other members were present. The Committee would also prefer to first adopt a general policy or guideline on penalties.
On a motion by Marc Taylor, seconded by Robert Lubker and approved 4 – 0, the Committee approved the Enforcement Order as drafted, with a penalty to be assessed later. The Committee will work on general guidelines for penalties at the next meeting (on March 9) and then consider the amount of penalty for this violation at the following meeting (on March 30).
Other Business
Violation, 12-14 Willow Street: Peter Keenan reported that trees had been clearcut at the back of these two lots and within the buffer zone of a bordering vegetated wetland. The violation was discovered today while the tree service was still on site but after most of the trees marked for removal had been felled. The owner of the two lots, Roy Ennacheril, responded immediately, and all involved agreed to halt work except for the removal of the wood already cut. The old houses on the two lots have already been demolished, but they were outside the buffer zone. Mr. Ennacheril said he would file appropriate plans for the work done and the work proposed within wetland resources and buffers. He agreed to have the wetland delineated.
The Committee signed an Enforcement Order incorporating a stop-work order and a deadline for the submission of a restoration plan or a Notice of Intent.
MACC registration: Peter Keenan will have registrations sent in for all members planning to attend the annual conference on March 4.
Adjournment at 10:00 pm.
Next meetings: March 9, March 30, April 20.
Respectfully submitted,
Peter Keenan, Conservation Administrator
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