Conservation Commission

CITY OF FITCHBURG CONSERVATION COMMISSION MEETING MINUTES TUESDAY, APRIL 29, 2014 COMMISSIONERS IN ATTENDANCE: John Koutonen, Tracy Sarefield, Tom Starr, Mike Donnelly, Dave Streb, Samantha Corcoran (6) STAFF IN ATTENDANCE: Tim Smith, Mike O’Hara CALL TO ORDER: Meeting called to order at 6:06 p.m. in the Conference Room, Fitchburg Municipal Offices, 166 Boulder Dr. Samantha informed the Commission that this would be her last meeting as she is moving to Greenfield to start a doctoral program at UMass. Commission members wished her well. PUBLIC HEARINGS Notice of Intent - North East Roads Inc., construction of industrial building utilities & related grading, Crawford St. Continued from 3/25/14 Engineer Dan Leahy present. Earlier that day he had submitted a revised site plan dated 4/28/14 & a Proposed Restoration Plan also dated 4/28/14 and a stormwater management report by James Kalloch, P.E. dated 4/28/14. Changes from previous plan: Leaching pits are a bit larger diameter and deeper, grassed water quality swale provided at rear of site with a 30-foot wide spreader for discharge, a higher % of trees in the plantings shown on the restoration plan. The 100-foot Buffer will remain either undisturbed or restored with plantings per the restoration plan. The parking area around the building will be pervious. No construction vehicles will be stored outside overnight. Only employees’ vehicles will be parked outside during the day. Mike D wondered why parcel never developed. Maybe because no public sewer. John wanted the revised plan & stormwater management report reviewed by Tim and DPW-Engineering. Rest of Commission agreed. Dan requested a vote on the OOC, subject to a satisfactory review of stormwater report. Motion made (Mike D) & seconded (Dave) to Approve an OOC, subject to: - Satisfactory review of revised plan and stormwater management report by Tim and DPW-Engineering - BOH approval of septic design Vote 6-0 in favor. Request for Determination of Applicability - Resurfacing Rt. 2 Westbound from Mt. Elam Rd. to Oak Hill Rd., Mass DOT Bill Clougherty, MassDOT presented scope of work. All work is limited to within the paved way, milling and repaving. He submitted plan showing the proposed location of erosion controls. They will use compost tubes or straw wattles as erosion controls in areas near BVW. Several CBs along the WB lanes discharge to the wetlands or waterways. All CBs will be fitted with siltsacks prior to start of work. There will be no ground disturbance; no new guardrails as part of this project. 5-28-14 FITCHBURG CONSERVATION COMMISSION Page 2 April 29, 2014 Tim: The area just north of Rt. 2 is habitat for a rare turtle. Bill: MDOT has exemption from the Mass. Endangered Species Act, as long as work is within the existing paved way. They are not exempt from WPA, therefore they need to make this RDA filing Timeline: Work will take less than two weeks. 1st week in May - milling and adjusting height of structures, the following week levelling and paving. The overall thickness of pavement will remain about the same, 2 inches milled off, maybe a levelling course in spots for drainage, then 2 inches of blacktop. All work will be done at night. Work is funded thru state funds. Commission is OK w/ using straw wattles, as PJ Keating has requested. Commission wants erosion controls removed after work is finished. Too often they are never removed after the job is done. Bill: The strew wattles MDOT now used are biodegradable. They hold $ back from contractor until removal of erosion controls. Motion made & seconded to issue a Negative Determination of Applicability. Conditions: Notify Commission prior to start of work. Use of Straw Wattles as erosion controls is permitted. Remove erosion controls upon completion of work. Vote 6-0 in favor. OTHER BUSINESS: Fitchburg Municipal Airport, Gale Assocs. - proposed MOU re: Avigation Easement on Conservation Commission property, Crawford St. Matt Caron, Gale Assocs. & Airport Manager Scott Ellis present. Matt explained that FIT is required to maintain the approach surfaces around the runways at an increasing height & width and keep them clear of vegetation that has grown, or has the potential to grow, above a certain height. The approach surfaces increase at a 20:1 grade from the end of the runways. Some of the area beyond Runway 14-32, on parcels owned by the Conservation Commission, will need selective clearing. They’ll need to clear an area w/in ten feet of the protected airspace. A draft Memorandum of Understanding between the Airport Commission & Conservation Commission prepared by Gale was reviewed. There will need to be an “Avigation Easement” in the airspace around the runways. Matt: The MOU will be crafted to allow FIT to traverse the property to investigate the vegetation removal needed, and would allow the Airport to access the property and conduct tree clearing activities, but within the parameters of an OOC that will be required within wetland resource areas located on each ConCom parcel. FIT will still need to file an NOI for the vegetation management. Estimated timeframe? To be determined by Airport Commission, may be 2016, but they have had some pressure to do sooner from Pilots Assoc. Access to parcels discussed. They will have a forester involved. Tim: Does this amount to an Article 97 “conversion” of Conservation Land? Matt has not run into that issue before at other Vegetation Mgmt. projects around municipal airports. John suggested there should be should be some recourse spelled out if there are violations of the MOU. Consensus: ConCom is ok with the concept and allowing access to ConCom parcels to assess needed tree clearing, it’s public land. Matt will follow up w/ Mike O’H re: wording of the MOU & present it at a future ConCom meeting. Amendment of OOC 155-572 for “Fitchburg Yarn Lofts”, 1380-1420 Main St., Winn Development Adam Stein, V.P. and Leann Hanfield from Winn Development, Anthony Cleaves, Whitman & Bingham and landscape architect Andrew Leonard present. Winn Development has the former Homeline Furniture bldg. (1380-1420 Main St.) under agreement. 5-28-14 FITCHBURG CONSERVATION COMMISSION Page 3 April 29, 2014 They propose to downsize the development from the 150 units on the approved plan to 96 units and reduce the parking spaces by 70. A previous OOC (#155-572) had been granted to Mike Indresano and was still in effect. Discussion: Should this a minor amendment, or an Amended OOC ? The existing property owner doesn’t want to lose the ability to exercise his rights under the existing OOC. Winn is applying for DHCD tax credits & should hear by June 1. Mike D: What are improvements to river with this revision? Anthony: Lower impact, less parking, 11,000 sq. ft. less impervious area & therefore less runoff. More landscaped area in place of pavement. Mike D: Can most of landscaping on riverbank be done & stabilized before 100% of project is completed? Anthony: That may be a problem w/ construction sequencing issue. Agreed: They will submit construction schedule. One of the Special Conditions of an amended OOC could provide that the 2009 OOC approving 150 units remains in effect. Tim: Per OOC’s Standard Condition 14, the Commission has the ability to review proposed changes and require the filing of a new NOI. Therefore, the Commission could determine that a new NOI is not required as well. Mike D suggested a performance bond for landscaping could be required. Winn Development doesn’t want a vote tonight, but would like the Commission’s opinion that the proposed modification would be acceptable, so they can take that back to the seller and to the bank. A formal vote on an amended OOC to be a future agenda item. Extension Permits #155-563 Scott Rivers, Frederick St. OOC originally issued in 2008, two single-family dwellings permitted. He had the existing older house at 70 Frederick St. demolished several years ago. No other work yet done. OOC will expire in December 2014. The Commission agreed to grant a three year Extension Permit. Minutes Minutes of March 25th meeting approved with minor changes. Pending Certificates of Compliance Deferred until later in the spring. Commission agreed to pay 2014 Nashua River Watershed Association dues ($50). Mike D: He attended a Tree Warden Public Shade Tree hearing several weeks ago & agreed on behalf of the Commission to provide replacement tree for property owners at 223 Harrison Ave. Several trees being removed because of sewer separation project. Tom: Wanted the Commission to continue to maintain Roundabout at Rt. 31 & John Fitch Hwy. Also, wanted to buy flowers for median at Pearl Hill Road & JFH intersection. Commission agreed. Motion made & seconded to adjourn. Vote unanimous. Meeting adjourned: 8:24 p.m. Next meeting: 5/27/14 5-28-14