Town of Foxborough
Conservation Commission Minutes
May 19, 2014
Members Present: Robert Boette (Chair), Allan Curtis (Vice Chair), Douglas Davis, Eric Nelson (Clerk), James Marsh and Valerie Marshall
Members Absent: Judith Johnson
Staff Present: Jane Sears Pierce, Conservation Manager, and Lee Ann Tavares, Secretary
Others Present: See attached sign-in sheet
Meeting Opened
Bob Boette opened the meeting, held in the Boyden Library, at 7:00 p.m.
87 North Street, Lane Property Discussion
Mrs. Edie Erickson, who lives adjacent to the property, attended the meeting to present her design ideas for 87 North Street (Lane property) after the house has been removed. She stated that she was sad that the Lane family homestead was coming down and would have preferred restoring the house to make it usable as a nature center, but has come to accept the plan to raze the building.
She distributed booklets that she had prepared about her proposed design for the area to the Commission. She explained her proposed plan, featuring a picnic area and a viewing deck over-looking Crack Rock Pond with informational plaques about (1) the Lane family and (2) wildlife viewing information. She also proposed planting a beech tree grove near the garage and a currently growing purple beech, to be dedicated to the late David Risch (former Conservation Manager), who was instrumental in protecting the Lane property and loved beech trees. She proposed to use the current paved parking area next to the garage as handicapped spaces, advising that she wanted to make access to all areas ADA compliant. She included a cost analysis and potential funding sources.
Val suggested that this could be the first project for the soon to be formed Open Space and Recreation Plan Implementation Committee, suggesting that Mrs. Erickson should apply. Jane told Val that she had encouraged Mrs. Erickson to apply for the Committee, which she already had done.
Sallie Conservation Property, Foxboro Garden Club Discussion
Foxboro Garden Club members Ms. Betty Ekstrom and Ms. Roberta Jones attended the meeting to discuss concerns that they had. Ms. Ekstrom informed the Commission of her dismay that the Garden Club was not recognized on the new Hocking Trail brochures that are available at the Sallie Property’s kiosk. She explained that the Garden Club designed, financed, restored and continues to maintain the garden and asked for recognition. She informed the Commission that they planned to add a garden on the left side of the driveway this year.
Bob stated that he took full responsibility for the omission and apologized for the oversight. He said that the brochure would be revised for future printings and, in the meantime, stickers recognizing the Garden Club can be placed on the existing brochures.
Ms. Ekstrom stated that the Garden Club sign on the property, taken down by the Highway Department when they restored the parking area, needs to be replaced. Jane will contact Pete Solbo from the Highway Department for his assistance with the sign. Val asked Ms. Ekstrom for a short summary of the Club’s efforts for inclusion in the next brochure.
35 and 45 Panas Road, DEP #157-515, Continued NOI
Information Reviewed: Site Development Plan of Land, 35 & 45 Panas Road, by Bay Colony Group, dated November 11, 2012 and revised through 5/14/14, received 5/19/14
The Applicant’s representatives, Bill Buckley from Bay Colony Group and Briscoe Lang from Pare Corp., were present to review the proposed construction of two commercial buildings, wetlands crossing for access driveway, parking lots, associated drainage and utilities and a wetland replication area. In order to avoid possible quorum issues, Mr. Buckley began his presentation from the beginning. He described the proposed project, noting that it was located on Panas Road’s last remaining developable parcel.
Mr. Buckley reviewed the site’s resource areas, including an intermittent stream that runs through an existing culvert to wetlands across the street and bordering vegetated wetlands. He stated that soil testing had been done and four detention basins are proposed, including three infiltration/detention basins and one (DB #2) that will be ponded and not for infiltration (based on poor soil condition). Mr. Buckley explained that a phasing plan was not included with the filing since they do not currently have tenants for the buildings, so are not sure about phasing. The wetland replication area for 10 Panas Road (DEP #157-447) was not constructed in the past, so it has been included in this filing. An OoC amendment for DEP #157-447 will be requested to allow this filing’s changes to the replication area.
The proposed shared driveway has been moved to the south, based on the Commission’s concerns about its close proximity to the vernal pool during the last meeting. The wetland replication area has been moved to the previously disturbed area, just south of the relocated driveway. The upland area to the north of the driveway, currently covered with invasive plants, will be restored with native upland vegetation.
Jim asked why they had accessed the area from Panas Road, which required a wetland crossing. Mr. Buckley stated that the access driveway’s location was necessary because commercial property cannot be accessed through a residential area (in this case, Willis Lane). He stated that the access roadway’s 24 foot width was approved by the Planning Board. A segmented wall will be constructed on either side of the wetlands crossing wish a four foot wide by four foot high culvert with an open bottom installed underneath. The entrance roadway’s stormwater will be directed via catch basins and a Stormcepter into the existing stormwater drainage system on Panas Road. In order to minimize disturbances and avoid the Bylaw’s 25 foot no disturb zone, segmented block walls (type not yet determined) installed six inches into the ground, with six to twelve inches of stone underneath, will be installed around much of the construction area’s perimeter.
Mr. Lang described the wetland replication area, which proposed the planting of native trees, shrubs and wetland seed mix. Mature healthy trees in the area will be staked, flagged and kept. He also described the upland restoration area which will be located within the limits of the previously heavily disturbed filled area.
Val asked about the site’s vernal pool, located in the northeast portion of the site. Mr. Lang described the area as a confined depression, stating that proposed work will be 277 feet away from the vernal pool. Jane disagreed, stating that the boundary of a vernal pool is located at the highest observed or recorded level of flooding. She explained that during her first site visit (4/8/14) she had recorded wood frogs chorusing in the wetland area next to the parking lot on Panas Road. During her second site visit on 5/7/14, while standing at the edge of the vernal pool, she had observed wood frog tadpoles, two spotted salamander egg masses, probable mystic valley amphipods and numerous log cabin caddisfly larvae, again proving it was certifiable. She stated that the vernal pool was quite large and in a more unspoiled condition than she anticipated. She recommended that the Commission should determine/define the boundary of the vernal pool so that the boundary of its upland habitat (i.e. 100 feet from the vernal pool’s boundary) could be shown on the plan. Jane also noted that flag B94 on the revised plan appeared to be at a different topographic level than the previously approved ORAD plan.
Bob asked if an Army Corps of Engineers general permit would be needed. Mr. Lang replied that an ACOE General Permit, Category 2, would be required based on the amount of fill that was being proposed. Due to an assertion in the public record that the site’s wetland is a certifiable vernal pool (previously identified during the ANRAD hearing as a potential vernal pool), they will inform the ACOE that this assertion has been made. A 401 Water Quality Permit will also be required. Mr. Lang made a statement for the record that certification of the site’s vernal pool is not authorized or permitted by the owner; the owner does not want anyone to certify the pool.
Al opined that the proposed project would be good for the Town and bring in revenue. He didn’t believe that frogs and salamanders breeding in the vernal pool should dictate the project. Val stated that they would have to agree to disagree about the vernal pool, but believed that the proposed upland restoration area should compensate for the adverse impacts to the vernal pool’s 100 foot upland habitat, adding that they will be improving the site and mitigating for harm to the upland vernal pool habitat. She stated that she would like the plan’s wetland to be considered a vernal pool. Doug, too, wanted it to be considered a vernal pool. Mr. Buckley agreed to label the area as a vernal pool on the plan.
Mr. Buckley then reviewed the concerns listed in Ms. Pierce’s April 28, 2014 Manager’s Report.
· He explained why he used hydrologic cover type (i.e. CNs in HydroCAD) modeled as hydrologic condition “fair” and “poor” (in Area Listing, page 2 of Appendix A, etc.) rather than “good.”
· He reviewed the storm water calculations, stating that they had not taken any TSS removal credits for any pretreatment devices to a treatment BMP.
· Jane’s concern #6 stated that, per MASWMS Vol. 1, Ch. 1, pages 17-20, stormwater discharges near or to any critical area (i.e. vernal pool) requires the use of specific source control and pollution prevention measures and specific structural stormwater BMPs, but she could not find any. Mr. Buckley replied that no drainage outfall is proposed within 100 feet of the vernal pool.
· In response to Jane’s recommendation that the Commission should use a third party consultant to review the stormwater engineering calculations, Mr. Buckley stated that the project had been reviewed by the Planning Board’s consultant, BSC Group.
· Mr. Buckley explained that LID BMPs had not been proposed, as suggested by the Planning Board’s consultant and the Commission, because he believed that they would not properly maintained by the owner of the future commercial buildings. The owner will, however, be responsible for maintenance of the detention basins, per the operation and maintenance plan.
Trash and junk piles will also be pulled out as part of the restoration. Plantings will be monitored for two years. Bob suggested adding a condition regarding the approval of the limit of work in the southern area prior to installing the erosion controls. Water, gas and electric utilities will be installed under the driveway. Stormwater maintenance requirements will be part of the Order of Conditions.
Motion was made by Allan Curtis to close the hearing for DEP #157-515, 35 and 45 Panas Road; seconded by Jim Marsh. Vote: 5-1-0 with Eric Nelson in opposition
70 Mechanic Street, DEP #157-516, Continued NOI Hearing, Invensys/Schneider Electric
Motion was made by Doug Davis to close the hearing for DEP #157-516; seconded by Allan Curtis. Vote: 5-0-1 with Valerie Marshall abstaining.
8 Community Way, DEP #157-517, Continued ANRAD Hearing, Fox Comm Way, LLC.
Motion was made by Allan Curtis to close the hearing for DEP #157-517; seconded by Jim Marsh. Vote: 5-0-1 with Valerie Marshall abstaining.
Rock Hill Cemetery, South Street, Potential Violation
Cemetery representatives Mr. Dick Davis and Andy Newfelt were present. Mr. Davis reviewed the reclamation project they had started and gave a history of the property, noting the location of the used and unused cemetery lots on an old cemetery plan they had brought. A portion of the area with older gravestones had been cleared out of respect and to prepare lots for sale. Jane stated that she had already met with Mr. Davis and had given him a notice of violation. She told him that she was concerned about the weekend’s forecast for heavy rain, adding that they had responded very quickly. She had explained why they needed to stay 25 feet away from the water. Mr. Davis explained that they wanted to fill in two areas to bring the grade up (level), and would then loam and reseed and replant the area around small pond. Lots will be sold between the pond and the lake.
A restoration plan which includes the hand-removal of poison ivy around the perimeter of the pond and a planting plan will be required. The Commission directed them to stay as far away from the pond as possible, but stressed that there could be no digging or soil disturbance by the water. They were told that they could spread the loam piles, but to stay as far away as possible from the pond.
8 Community Way, DEP # 157-517, Order of Resource Area Delineation (ORAD)
Motion was made by Valerie Marshall to approve and sign the ORAD as drafted for DEP #157-517, 8 Community Way; seconded by Allan Curtis. Vote: 6-0-0
Eric left the meeting at this point.
Other Discussions
· The Kraft Group would like to meet informally with the Commission regarding proposed parking expansion on Route 1. They will be invited to the June 6th meeting.
· The Commission reviewed the Certificate of Appreciation for Tom Donnelly, Eagle Scout candidate, who completed his Eagle Scout Project at the Sallie Conservation Property.
· Judi will no longer serve on the NRRC as her husband’s company has merged with Invensys. Val offered to fill her seat.
· The meeting with the Board of Selectmen regarding the forming of an Open Space and Recreation Plan Implementation Committee has been postponed. Heather Harding will be meeting with Bill Keegan to bring him up to date on the history and goals of the Plan.