Approved 12/21/06
TOWN OF WELLESLEY
WETLANDS PROTECTION COMMITTEE
Thursday, July 13, 2006
Natural Resources Commission, Lower Level
Town Hall, 7:30 p.m.
Present: Mary Jane O’Donnell, Chairman; Robert Lubker; Rhonda Ryznar; Marc Taylor; Peter Keenan, Conservation Administrator.
Absent: Robert McDonnell.
Guests: Joel Lunger; Guy Yehiav; Barry Herring; Michael Collins; Terry Ryan; Anne Marie Folkard; Ellen Folkard; Martin Levin; Richard Kirby; Lynn Sutton; Larry Beals; Dean Behrend.
Public Voice: No one appeared for Public Voice.
Request for Determination of Applicability
1 Pickerel Road, Guy and Maya Yehiav
Homeowner Guy Yehiav and representative, Joel Lunger (JSL Engineering), presented a plan to extend the parking area in front of Mr. Yehiav's house at 1 Pickerel Road. Part of the parking area would be 95 feet from Morses Pond, just 5 feet inside the 100-foot buffer zone. The existing retaining wall would be replaced by a similar one at the edge of the enlarged parking area. A second story addition is also planned, but it would not alter the footprint of the house.
Mary Jane O’Donnell asked how roof runoff was handled, and the applicants said that it is discharged to the ground and no changes were planned. Marc Taylor asked about the cesspool shown on the survey. The applicants said the house was served by town sewer, but they did not know what the indicated cesspool actually was. Mr. Lunger said the proposed work would not alter the wood steps located behind the parking area and beside the house.
Rhonda Ryznar moved to issue a negative Determination of Applicability, Marc Taylor seconded, and the motion carried 4 – 0.
Site visit by Peter Keenan.
Notice of Intent (DEP File #324-528)
21 College Road, D. Michael Collins
Applicant and architect Michael Collins, and surveyor Terry Ryan, presented a plan for the demolition and replacement of the house at 21 College Road, bordering Morses Pond. As the plan of existing conditions shows, the current house, at 160 feet from the Pond and its narrow bordering vegetated wetland, is entirely out of wetlands jurisdiction. The proposed house with its retaining wall would come to within 72 feet of the wetland, and the proposed siltation barrier would come no closer than 64 feet to the wetland.
Mr. Ryan said that the house would be close to the 100-year flood line, which is at an elevation of 125 feet, but it will not cross that line. The as-built certification would have to show that no filling occurred in the flood zone. Asked about tree removal, Mr. Ryan said that 3 or 4 trees inside the buffer zone and 7 or more outside would be removed, with diameters of about 12 to 14 inches.
Mary Jane O’Donnell asked about regrading. Mr. Ryan said there would be some filling inside the buffer zone, mainly behind the retaining wall, as shown on the plan. Marc Taylor asked about current and proposed lawn. Mr. Ryan said there was not now much lawn on the property and that no alterations of vegetation would take place past the erosion control line. Mr. Ryan said that he expected no problem with high ground water at the building site.
Neighbors Ann Maria Folkard, Ellen Folkard, and Barry Herring were present and recognized that the current house will be replaced with one that is much more substantial.
Marc Taylor moved to close the hearing, Rhonda Ryznar seconded, and the motion carried 4-0.
Site visit Peter Keenan.
Continued, Notice of Intent (DEP File #324-527)
57 Whiting Road, Martin and Terri Levin
Homeowner Martin Levin, landscape planner Lynn Sutton, and engineer Rich Kirby represented the project. Peter Keenan explained to the Committee that in conversations with the applicant and his representatives it became clear that a restoration plan would not be ready for this meeting, since the engineer wanted more time to complete the existing conditions survey and a draft restoration plan. However, if considerable progress were made before this meeting, a brief progress report to the Committee might reassure all parties that planning was proceeding in a direction and at a pace acceptable to the Committee.
Rich Kirby presented his progress print, with wetlands as delineated in 2004 for the construction of the house, and all other features as existing on July 11, 2006. He also referred to the as-built plan from December 2004 which, he admitted, had a few errors in detail, particularly in its representation of the stone wall behind the house. That "wall" was actually a riprap slope, but it has since been replaced by a vertical retaining wall located where the toe of the riprap had been. This was done without a permit, and this Notice of Intent is asking for after-the-fact approval. Mr. Kirby said his survey and plan will include changes to the wall, additions of fill, and altered vegetation. Using a soil auger, he has found fill between 0 and 6 inches in depth. The plan will
include a program of invasive species control or removal, with annual inspections. He will work with selected landscapers whom he knows do good invasives work.
Marc Taylor asked Mr. Kirby to be sure to include on his drawing the sections of open stream and the 25-foot buffer line. In addition, if a waiver of the bylaw buffer standards is requested, he must document that the standards for a waiver are met.
Mr. Kirby said he would try to deliver a finished plan by July 25, in time to reach Committee members before the next meeting on August 3. Mr. Levin said he sent all neighbors a letter about the hearings and his plans. He will be out of town on August 3. He said that the wetlands permitting process was new to him. He said the fence at the back of his yard was installed on December 9, 2004.
The hearing is continued to August 3.
Revised plan and restoration (DEP File #324-457)
27 Yarmouth Road, Hunter Emerson
Landscape designer Lynn Sutton presented two new drawings: a revised grading and drainage plan, and a planting design plan. The planting plan includes a list of plants by species, and a drawing showing the areas to receive the plants.
The following changes are shown on the revised grading and drainage plan.
- The stormwater infiltration system for roof runoff has been relocated and reconfigured.
- The proposed grades in the backyard are altered, primarily to accommodate the infiltration system.
- The outline of the decks or terraces near the house has been changed.
- The driveway is extended to give a turnaround area.
The Committee agreed that the changes could be approved without requiring an Amended Order of Conditions, since they were insignificant to the interests of the Act and Bylaw, being rearrangements of features within the buffer zone and the area already approved for lawn or yard. The planting plan represents an improvement of the site and adds a planted buffer margin between the lawn and the wetland. The planting would also effectively mitigate for the unapproved removal of trees, which was the subject of an Enforcement Order.
Marc Taylor moved to accept the plans as presented, Rhonda Ryznar seconded, and the motion carried 4 – 0.
Marc Taylor moved to assess a fine of $100 for the initial violation and $100 for the failure to respond to the Enforcement Order, as voted at the May 11 meeting, but to waive the $10 per day for delay thereafter. Rhonda Ryznar seconded, and the motion carried 4 – 0.
Continued Notice of Intent (DEP File #324-517)
978 Worcester Street, Dean Behrend
Applicant Dean Behrend and his consultant Larry Beales were present. Mr. Beales said that he had only recently taken over the project for Mr. Behrend and is revising the plans in response to concerns of the Committee and the Administrator. He will need more time to complete the work, but showed the Committee his draft plans, which are now expanded onto two or three sheets for ease of reading.
The underground detention structures, called Storm Traps, are concrete structures rated for H20 wheel loading; they are each 7 by 7 feet, with an effective depth of 4 feet, and can be placed side by side to make up any desired storage volume or infiltration area. The underground pond will provide both detention and infiltration, but the infiltration rate will not be as great as earlier presented, since ground water levels are high and infiltration systems tend to lose effectiveness with time. Two minutes per inch of infiltration had previously been assumed, but 30 minutes per inch is more realistic and will now be used. The flood storage volume will not decrease for the 100-year flood, and this will be documented.
The hearing is continued to August 3.
Candidates for Conservation Administrator Position
Applicants Ruth Alfasso and Ann Phelps met separately with the Committee for about 15 minutes each.
Orders of Conditions Issued:
- 182 Winding River Road (324-526): The Order of Conditions was approved and signed, as drafted and revised, with special conditions limiting the width of the replacement steps, prohibiting any stone embankment or step at the water's edge, and prohibiting a pavilion without further information and subsequent approval.
- 3 Stonefield Lane (324-523): Approved and signed.
- 12 and 14 Willow Street (324-524): Approved and signed
Certificates of Compliance Issued:
- 55 Cottage Street (324-473)
- 4 Stonefield Lane (324-484)
- 111 Livingston Road (324-502)
- 14 Greenlawn Avenue (324-477)
Possible Office Relocation:
Committee members asked the Administrator to see that its concerns about office relocations, as discussed at the June 23 meeting, reach those planning the move. Peter Keenan said he would find who the appropriate persons might be and send the information to them.
Adjournment at 10:40 pm.
Next meetings: August 3, August 24.
Respectfully submitted,
Peter Keenan, Conservation Administrator
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