Approved 12/21/06
TOWN OF WELLESLEY
WETLANDS PROTECTION COMMITTEE
Thursday, June 1, 2006
Natural Resources Commission, Lower Level
Town Hall, 7:30 p.m.
Present: Mary Jane O’Donnell, Chairman; Robert Lubker; Robert McDonnell; Rhonda Ryznar; Marc Taylor; Peter Keenan, Conservation Administrator.
Guests: Denny Nackoney; Matt Bailin; Trish Bailin; Miguel Lessing; James Bougioukas; Byron Matthews; Don Blenko; Phil Bevins; Joyce Hastings; Peter Furgusson; Hawk Furman; Joan Sasso; Ely Sherman; Robert Marini; Roy Ennacheril; Trustin Ennacheril; Cynthia Barnhart; Michael McKay; Rev. Fr. Hugh O'Regan; Alice O. C. DeGuglielmo.
Public Voice: No one appeared for Public Voice.
Request for Determination of Applicability
Sudbury Aqueduct, near Cartwright Road, Matt Bailin
Matt Bailin presented a proposal to build a footbridge over a stream along the Sudbury Aqueduct trail, east of Cartwright Road. The existing rotting plank would be replaced with a structure built of five 16-foot ACQ pressurized wood stringers and 32 3-foot planks. The 16-foot span would be supported on a gravel base at each end. As his Boy Scout project, Matt Bailin would have up to 20 volunteer helpers on the weekend of June 10 to do the work. No machinery will be brought onto the work site.
Robert McDonnell moved to issue a negative Determination of Applicability, Robert Lubker seconded, and the motion carried 5 – 0.
Site visits by Robert McDonnell and Peter Keenan.
Request for Determination of Applicability
1 Beard Way, Harvey and Anne Cantor
James Bougioukas, of the Bradford Engineering Co., presented a proposal to install an in-ground swimming pool in the lawn between the house and the wetland at 1 Beard Way. The presented plot plan shows the existing house, the emergency access easement behind the house, and the proposed pool between the house and the easement. It also shows the location of a silt fence behind the house, the 50- and 100-foot buffer zones measured from the silt fence, and the swimming pool located 44.2 feet from the silt fence.
Committee members said that the wetland location must be shown on the plan, with buffer zones measured from it. Peter Keenan said that the silt fence shown on the plan probably represents the location of erosion controls along the former wetland line, put in place when the compensatory wetland was created as part of the subdivision project. He said the current wetland line is close to the emergency access easement and the silt fence should have been removed a few months ago. The Committee asked approval for a continuation of the meeting so that the wetland and buffers, including the inner 25-foot buffer, could be correctly incorporated into the plan. Mr. Bougioukas agreed to a continuation and will submit the revised plan by June 9.
Robert McDonnell moved to continue to the next meeting, on June 22. Rhonda Ryznar seconded, and the motion carried 5 – 0.
Site visits by Robert Lubker, Mary Jane O’Donnell, and Peter Keenan.
Request for Determination of Applicability
182 Winding River Road, Don Blenko
Phil Bevins of Landscape Design Group and applicant Don Blenko were present on behalf of this proposal for work along the bank of the Charles River at 182 Winding River Road.
The proposed alterations include the following components:
§ Granite steps to replace the existing wood steps on the stairs from the upper lawn to the river;
§ Groundcover to replace a section of lawn on the upper riverbank;
§ A pavilion next to the river, replacing a deck and using the existing concrete piers.
§ An 18-inch high retaining wall;
§ A shallow recharge garden, with stepping stones, behind the retaining wall; and
§ A drain pipe under the stairs.
The drain pipe and recharge garden are designed to detain and infiltrate the runoff that now goes directly into the river from the slope under and alongside the stairs. Mr. Bevins said that the proposed alterations could be considered exempt minor activities, as defined by the DEP in the buffer and riverfront regulations.
Marc Taylor asked the purpose of the stone wall. Mr. Bevins said it would support a constructed recharge garden as part of the proposed drainage improvement. Peter Keenan said that he did not see any signs of recent erosion on the slopes near the stairs. He said there may be no advantage to infiltrating water near the riverbank as opposed to allowing it to continue flowing directly into the river.
Robert McDonnell said the proposal would need a finding under the bylaw to allow alterations in the inner 25 feet of the buffer zone. Several Committee members said that the proposal would require a Notice of Intent, since it did not fit the state criteria for exempt minor activities and would need a waiver for alterations in the No-Disturbance Zone under the bylaw.
Robert McDonnell moved to issue a positive Determination of Applicability, stating that a Notice of Intent would be needed under both the Act and the Bylaw. Rhonda Ryznar seconded the motion, which carried 5 – 0.
Site visits by Rhonda Ryznar and Peter Keenan.
Notice of Intent (DEP File #324-523)
3 Stonefield Lane, Hawk Furman
Applicant Hawk Furman and consultant Joyce Hastings presented a proposal to replace the open detention basin serving the Stonefield Lane subdivision with an array of underground infiltration chambers. Ms. Hastings reviewed the original design of the drainage system, which collects stormwater from three catchbasins in the subdivision road and carries most of it to the existing underground infiltration basin near #2 Stonefield Lane. The overflow from that basin in a 100-year storm, and the direct flow from one of the three catchbasins, are carried to an open detention basin located at the rear of Mr. Furman's lot at #3 Stonefield Lane. Mr. Furman said that by covering the open detention basin he would enlarge the useful area of his small yard and improve its aesthetics.
Ms. Hastings said that the replacement would not change the drainage characteristics of the system or the amount or rate of discharge into the wetland. The structure that regulates flow from the existing detention pond would remain to serve the proposed covered system. The proposed system would continue to hold and infiltrate water to the ground while allowing a slow discharge into the buffer of the wetland behind the house. The underground structure would consist of 200 precast 4-foot perforated cubes with stone fill surrounding them. Over this would be placed one foot of topsoil and lawn. The surface of this flat raised lawn would slope gently away from the edge near the wetland to a grated manhole in the pipeline feeding the detention chambers.
Marc Taylor asked about maintenance of the underground tanks. Ms. Hastings said that there would be inspection ports at each corner of the array for periodic inspection and for cleaning as needed.
Abutting property owner Peter Furgusson said that the subdivision project has resulted in the loss of 120 trees, not the originally planned loss of 60 trees. This was not done by Mr. Furman but by Michael Hans, the developer. He asked what the finished project would look like, and Ms. Hastings said that it would be a level lawn, about 2 feet higher than the rim of the existing basin.
Robert McDonnell expressed concern about the proximity to the vernal pool. He said he felt that the system was being over-engineered and over-developed. He was skeptical about the longevity of the system and the continuation of good maintenance in the long run, and suggested that perhaps a simple and imaginative system might be found that would be more reliable but not an eyesore.
Marc Taylor said that the Committee often tells builders that subsequent owners will want to further develop their lot, as demonstrated in this case. He said in general a softer rather than a harder, or highly engineered, design is preferable, and more lawn in wetland buffers is not desirable. Hawk Furman said that now the basin is unattractive and brings mosquitoes. He said that his proposal would not change drainage and that present conditions rather than past problems should be considered.
Robert McDonnell said he would like to see the site and have time to consider the matter, and he suggested a continuation. The applicants agreed to continue the hearing to the next meeting, on June 22.
Robert McDonnell moved to continue the hearing to June 22, Robert Lubker seconded, and the motion carried 5 – 0.
Site visits by Mary Jane O’Donnell and Peter Keenan.
Notice of Intent (DEP File # 324-524)
12 and 14 Willow Street, Roy Ennacheril
Owners Roy Ennacheril and Trustin Ennacheril, with consultant Robert Marini of Native Landscapes, presented a Notice of Intent proposing to develop these two adjoining lots with two new houses and to address enforcement concerns. Mr. Marini presented a new plan, completed earlier in the day, of existing conditions. It locates all the existing trees and the stumps of cut trees in the buffer zone. There are 16 stumps within 50 feet of the bordering vegetated wetland. The plan (dated 5/16/03) filed with the Notice of Intent shows proposed conditions, including the two houses and replanting of the cut area inside and near the 50-foot buffer line.
The applicant has had two separate wetland delineations done, the first by David Burke in late March, and the second by Robert Marini in May. They differ in the placement of some flags, but Roy Ennacheril and Robert Marini said that David Burke agrees with the later line, which was able to rely on seasonal vegetation. The applicants presented a supporting letter from Mr. Burke.
Committee members said that the plan of proposed conditions should be revised to show the bordering vegetated wetland line and the 25-, 50-, and 100-foot buffer lines. Robert Marini asked the Committee for guidance on how much of the buffer needed to be restored. Mary Jane O’Donnell said she wanted all 100 feet restored. Marc Taylor said if they had come in earlier, before the unapproved cutting, they would have been allowed to develop within part of the buffer.
Neighbors Joan Sasso and Ely Sherman said their only concern was with any possible effect on drainage. Marc Taylor suggested the applicants check the zoning requirements for a garage facing the lot sideline.
The applicants agreed to a continuation. Marc Taylor moved to continue the hearing to June 22, Robert Lubker seconded, and the motion carried 5 – 0.
Site visits by Marc Taylor, Rhonda Ryznar, and Peter Keenan.
Request for Determination of Applicability
27 Ledgeways, Cynthia Barnhart
Owner and applicant Cynthia Barnhart and architect Michael McKay presented the plan for landscaping behind the new house at 27 Ledgeways. An intermittent stream and bordering vegetated wetland are located behind this property, and the buffer zone includes much of the backyard and a corner of the proposed driveway. The house is entirely outside the buffer zone. From the back of the house, the land now slopes downward across the backyard and then rises slightly before dropping to the wetland. The plan calls for retaining walls and regrading in the backyard, partly in the buffer zone and 75 feet from the wetland line. The plan (by McKay Architects, 3/31/06) shows that existing vegetation behind the proposed regrading will remain unaltered. The applicants said that one tree in the buffer
zone near the house had been removed by builders unaware of the buffer zone restriction.
Robert McDonnell moved to issue a negative Determination of Applicability, Rhonda Ryznar seconded, and the motion carried 5 – 0.
Site visits by Mary Jane O’Donnell, Rhonda Ryznar, and Peter Keenan.
Notice of Intent (DEP File # 324-525)
15 Edgewater Drive, Jack Thomas, Winsor Development
Engineer Joyce Hastings presented a proposal to demolish the existing house and build a new house with a footprint partly within the 200-foot riverfront of the Charles River. Compared to the existing house, the new house would be larger, set back slightly farther from the street, and 22 feet closer to the river. The house would cover area now occupied by house and lawn. Roof runoff would be collected in drywells. The house would be about 162 feet from the river bank and on ground 40 feet in elevation above the mean annual high water line. Behind the yard, the land rises to a ridge before descending steeply to the river.
Ms. Hastings said that there are 8,500 square feet of riverfront on the lot, the total impervious area proposed in the riverfront is 2,300 square feet, and runoff from a total of 2,646 square feet of impervious area would be served by drywells.
Mary Jane O’Donnell asked for an alternatives analysis, as required by the riverfront standards. Ms. Hastings said there was no alternative to consider, since they would build entirely on existing building footprint and lawn. Abutters present had no comments.
Robert McDonnell moved to close the hearing, Robert Lubker seconded, and the motion carried 5 – 0.
Site visit by Peter Keenan.
Continued, Notice of Intent (DEP File #324-517)
978 Worcester Street, Dean Behrend
No one was present to represent this project. Peter Keenan said he had received no news from the applicant since the last meeting. The Committee decided to leave the hearing open.
Other Business
19 Ridge Hill Farm Road (DEP File #324-522): Order of Conditions issued.
26 Brookdale Road (DEP File #324-504), Project change: Peter Keenan reported that the owners have decided to scale back their plans for additions and driveway alterations, which would reduce the possible impact on wetlands and the proximity of work to the wetland line. The Committee agreed to accept the change (as long as formal documentation is provided).
39 Livingston Road (DEP File #324-476), Project change: The builders have relocated the proposed infiltration chambers, based on their engineer's recommendation. As a result, the grading plan is altered slightly, with more fill but without moving the toe of the proposed slope in the backyard. The house foundation would be raised 1 foot above the originally planned elevation in order to avoid groundwater, leading to a 1-foot increase in finished surface elevation at the foundation wall. The Committee accepted these changes (shown on the revised plan dated 5/23/06) as insignificant to the interests of the Wetlands Protection Act and Bylaw.
Administrator's Report
69 Livingston Road: On an invited site visit, Peter Keenan noted increased sedimentation in the pond and continued erosion in the stream feeding it.
15 Winding River Circle: Restoration work is being completed; a preliminary report from our consultant is highly positive.
Edgemoor Avenue Enforcement Order required completion of embankment work anytime in April or May. As of June 1, the work has not started. Administrator, town engineer, and builder had a pre-construction site meeting on May 24.
Job notice for wetlands administrator is in MACC Newsletter and website. The chairman or a member of the WPC should be on the panel interviewing applicants.
27 Yarmouth Road (DEP File #324-457): Hunter Emerson said he is working on a complete plan for drainage, landscaping, and replanting, and felt that fines for the delay were not warranted.
Adjournment at 10:30 pm.
Next meetings: June 22, July 13, August 3.
Respectfully submitted,
Peter Keenan, Conservation Administrator
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