Approved 12/21/06
TOWN OF WELLESLEY
WETLANDS PROTECTION COMMITTEE
Thursday, August 3, 2006
Natural Resources Commission, Lower Level
Town Hall, 7:30 p.m.
Present: Mary Jane O’Donnell, Chairman; Robert Lubker; Rhonda Ryznar; Robert McDonnell; Peter Keenan, Conservation Administrator.
Absent: Marc Taylor.
Guests: Tom and Sue Ann Sheehan; Doug Stewart (DPW); Denny Nackoney, Trails Committee; Jon Hollingsworth; Larry Beals; Dean Behrend; Jay Nix.
Public Voice: Denny Nackoney of the Trails Committee asked the Wetlands Protection Committee about its choice in use of lumber or lumber substitute for a bog bridge proposed for a trail at Carisbrooke. He said he was looking at two possible materials for the stringers that would be laid on the ground over the low wetland: ACQ pressurized treated lumber, and "XPotential", a product derived from recycled automobiles. Mr. Nackoney handed out packets of information about these two products and about the wetland footbridge in Carisbrooke Reservation proposed as a Boy Scout project. He asked the Committee to please decide which product it would prefer him to suggest for the bridge, and the Committee agreed to answer at the next meeting.
Notice of Intent (DEP File No. 324-530)
43 Whiting Road, Wellesley DPW
Doug Stewart of the Wellesley DPW Engineering Division presented the plan to replace two stretches of Town drainpipe located in an easement at 43 Whiting Road. The first section for replacement is a 12-inch pipe running from the street to the back yard through a 20-foot easement near the southern property line. Inspection by TV in 2004 discovered breaks in this pipe. The second section is an 18-inch pipe that runs in an easement diagonally across the back yard, which conducts underground an intermittent stream that runs in an open channel both upstream and downstream of this lot, and also takes the discharge from the 12-inch drain pipe. Inspections show that the 18-inch pipe is itself sound, but its joints have separated.
Mr. Stewart said that the plan had changed in one respect since the Notice of Intent was filed. The plan filed shows the 18-inch pipe replaced by an open channel. However, the Sheehans, owners of the property, would now prefer that the stream remain in a pipe through their property. The DPW would be satisfied either to replace the 18-inch pipe in kind or to replace it with an open channel, and will accommodate the owners' preference. The pipe to be replaced goes one to two feet into the property at 57 Whiting Road upstream. At the downstream end, the last section of about 50 feet will be left in place in order to avoid disturbing the roots of a large tree growing over the pipe.
In answer to Committee questions, Mr. Stewart said that the work would probably take three to four weeks and most likely would be done next year. He said that the pipes were probably put in during the 1930s, when such work was often done without the formality of an easement. However, easements have now or will soon be granted.
Robert McDonnell said that this work is technically in a No Disturb Zone, but a waiver can be granted because there is no alternative, the disturbances are temporary, and the original conditions would be restored.
Robert McDonnell moved to close the hearing and issue an Order of Conditions with the usual conditions. Rhonda Ryznar seconded the motion, which carried 4 – 0.
Notice of Intent (DEP File #324-529)
43 Whiting Road, Thomas and Sue Ann Sheehan
Sue Ann and Tom Sheehan described for the Committee their proposal to build a 32 by 22 foot addition to the side of their existing house at 43 Whiting Road. The addition would be over an area that is now flat and paved or hard packed soil and 25 feet from the edge of the vegetated wetland. The corner of the addition closest to the wetland would be supported on posts. All work would be done from the side of the house so that no temporary disturbance or use of machinery would occur within 25 feet of the wetland. An existing chain link fence now locates the back edge of the proposed addition.
In answer to Committee questions, the applicants stated that they plan to build the addition about 2-1/2 years from now. Mr. McDonnell warned them that the Order of Conditions expires in 3 years, perhaps requiring them to apply for an extension permit.
Robert McDonnell moved to close the hearing, Rhonda Ryznar seconded the motion, and the motion carried 4 – 0.
Request for Determination of Applicability
36 Standish Circle, Jon Hollingsworth
Jon Hollingsworth presented his plan for leveling the backyard and constructing a retaining wall near the rear property line. The land now slopes upward from the back of the house, across the backyard, and onto the adjoining Town land, before dropping sharply to the bank of Longfellow Pond. Mr. Hollingsworth's plan shows that the 100-foot buffer zone from the bank of the pond takes in a narrow strip of backyard and shows the planned retaining wall about 5 or 10 feet inside that buffer zone. He said that he would be hauling the excavated soil off site. A footpath on the crest of the ridge, on Town land, is about 12 to 15 feet from the proposed the retaining wall, which would be about 3 feet from the rear of the lot.
In answer to questions from Committee members, Mr. Hollingsworth said that he will be removing many trees, most of which are outside the buffer zone. Members stated that they disliked having so many trees removed, but noted that most of them are outside wetland jurisdiction and that precedent does not support denial of permission to remove trees in the outer extremes of the Limited Disturbance Zone.
Peter Keenan said that he had visited the site and consulted available maps, and he found reasonable the delineation of the 100-foot buffer zone.
Robert McDonnell moved to issue a Negative Determination of Applicability, Rhonda Ryznar seconded the motion, and the motion carried 4 – 0.
Continued, Notice of Intent (DEP File #324-517)
978 Worcester Street, Dean Behrend
Mr. Beals presented the plans (dated July 12, 2006) he had shown informally to the Committee on July 13th. Peter Keenan suggested two special conditions on an Order of Conditions: (1) that records be kept of the maintenance on the stormwater system and filed with the Committee annually; and (2) that the flood volume compensation be documented.
Robert McDonnell moved to close the hearing and issue the Order of Conditions with these two conditions as stated above. Robert Lubker seconded the motion, which carried 4 – 0.
Project Change Request (DEP File #324-498)
38 Sabrina Road, Walter Lafko
Jay Nix represented his partner Walter Lafko, who could not be present. The proposed changes were presented as hand-drawn sketches (received by NRC, 7/25/06) added to the plot plan dated October 7, 2005.
The changes involve:
1. slight grading changes in the back yard;
2. moving the retaining wall closer to the house;
3. extending the rear deck an additional six feet; and
4. adding a paved patio near the rear left corner of the house.
The patio would be 18 feet wide, extend 8 to 16 feet from the house, and involve no regrading.
Robert McDonnell moved to accept the changes as insignificant. Rhonda Ryznar seconded the motion, which carried 4 – 0.
Other Business
Minutes:
Robert McDonnell moved to approve the minutes of January 5, 2006 and March 30, 2006 as amended. Mary Jane O ‘Donnell seconded and the motion carried 4 – 0.
Committee Reorganization
The Committee decided to postpone a selection of chairman and vice chairman for the current year because of the absence of a regular member.
15 Winding River Circle, Enforcement and Restoration
Peter Keenan noted that the work required for restoration at 15 Winding River Circle has been completed except for continuing monitoring, as documented by the report from Arthur Allen of EcoTec. He suggested that a letter be sent to the owner, Larry Gottesdiener, with the Committee's acceptance of the work done and reminding him of the need for monitoring and continued control of invasives, as required in the final Enforcement Order. He also suggested the remainder of the consultant fee deposited with the Town be returned to Mr. Gottesdiener.
The Committee then took up the matter of a fine or penalty for the violations that led to this restoration plan. Members noted that they considered this an egregious violation and that it occurred within days of receipt of a Certification of Compliance for the extensive permitted work. They also noted that this was a repeat offender, an earlier Enforcement Order having been issued for violation of the Order of Conditions when construction in the riverfront went beyond the limit of work in the approved plan.
The Wellesley Wetlands Protection Bylaw allows a fine up to $300 for each violation of the law, and allows each day that a violation remains in place to be considered a separate offense. In this case, at least ten violations occurred, since more than ten trees were removed without approval. This would indicate a maximum fine of $3,000 for each day that the restoration was not completed. Previous fines issued by the Committee for work in riverfront area, all less egregious, were fined up to $5,000 or $6,000. The Committee considered a fine of $10,000 easily justified and certainly well within the limits set by the Bylaw. Peter Keenan will draft a letter for the Committee's consideration.
Edgemoor Avenue (DEP #324-462), H & R Development, Enforcement
Peter Keenan reported that the work at Edgemoor Avenue had yet to be completed, though under the terms of the Enforcement Order issued in February 2006, the roadway embankments should have been reconstructed during April and May of 2006. The work only began in early June and was soon suspended.
The Committee discussed penalties for the violations, including the failures that led to this Enforcement Order, the subsequent lack of compliance with that Order, and the continuing failure to correct the problem. Sixty-four (64) days had passed so far since the deadline of May 31.
Members noted that the wetlands violation, though flagrant, was less damaging than that at 15 Winding River Circle, where many irreplaceable trees had been cut.
Robert MacDonnell moved to fine H & R Development for the continuing violations as follows:
$100 for each of the sixty-four (64) days since the end of May, for a total of $6,400.
If the work was not completed by August 31, this fine would be doubled to $12,800.
Any further violations would result in further penalties.
Rhonda Ryznar seconded the motion which carried 4 – 0.
Peter Keenan will write a letter to the developer advising him of this decision.
Wetlands Map and Mailing
The Committee discussed further the possibility of a mailing to all owners of land wholly or partly within areas of wetlands jurisdiction, including a copy of the town wetlands map and basic information about wetlands and their legal protection. The Wetlands Map produced by GIS and on the wall here is also on the Town website, where the viewer can enlarge it to view by parcel. The mailing could include a reduced version of this map with an invitation to access it on line or at Town Hall. Peter Keenan will discuss the options with the GIS office.
Adjournment: The meeting adjourned at about 9:30 pm.
Next meeting: August 24, 2006.
Respectfully submitted,
Peter Keenan, Conservation Administrator
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