Kingston Conservation Commission Minutes January 16, 2018 6:35p.m. The chairman called the meeting to order. Present: James Parker (chairman), Marilyn Kozodoy, Gary Langenbach, Dana Duperre, William Kavol Staff: Maureen Thomas, Conservation Agent Reviewed the draft minutes of November 7, 2017 Marilyn Kozodoy motioned to accept the minutes of November 7, 2017 as presented. Gary Langenbach seconded the motion. 6:36p.m. VOTE: 5-0-0 Reviewed the draft minutes of November 21, 2017 Gary Langenbach motioned to accept the minutes of November 21, 2017 as corrected. 6:37p.m. VOTE: 5-0-0 6:37p.m. Buz Artiano arrived. Reviewed the draft minutes of December 5, 2017 Marilyn Kozodoy motioned to accept the minutes of December 5, 2017 as presented. Gary Langenbach seconded the motion. 6:38p.m. VOTE: 6-0-0 Signing of Documents Agent Position applications received, will keep everyone updated Agent Updates - Administrative Position job offered to top candidate, awaiting response - EB Sampson Fund submitted request for Mulliken s Landing for funding for final design and permitting for walkway and float project - Capital Planning email went around to everyone who submitted a request, emailed Bob Fennessy stating that the email was not received even though a request for a shared pick-up truck was submitted. It was added in to the Capital Plan. Meeting scheduled for April. - Conservation Restrictions - January 12 th submitted final draft of the conservation restrictions for Albertini/CWP Annex (CR #17); Marshall Joyce Wildlife Sanctuary (CR #18), and Kingston Shores Woodland (CR# 19). The Wildlands Trust voted to hold 1
all three CR s. Maureen Thomas had also been working on the Hall Property CR and received a letter from KYSO in which they state they are relinquishing all interest in the recreational CR. Scott MacFaden sent an email to DCS to find out whether filing an amendment to the conservation CR to encompass the area of the recreational CR could automatically serve to extinguish the recreational CR. - CWP Annex Surplus Property Declaration - The Morton barn, the pump house, and the metal shed at CWP Annex were all declared surplus at the January 9 th Board of Selectmen s meeting and the Commission can now move forward with a public auction if their value is over $200. If not, the Commission can move forward with removing the structures however they see fit. 7:00p.m. Continued a Public Hearing for a Notice of Intent for 47 Smiths Lane, Map 67, Lot 48-1 The applicant requested a continuation of the Public Hearing. Gary Langenbach asked who contacted the agent to request a continuation. Maureen Thomas stated that Mr. Cicia requested a continuation via email. Discussion 7:05p.m. Marilyn Kozodoy motioned to continue the Public Hearing. Gary Langenbach seconded the motion. VOTE: 5-1-0 (Buz Artiano opposed) Continued to February 6, 2018 @ 7:10p.m. - Clean Up of Conservation Properties CWP Brad Norman is working with Nava & Son to clean up the remnants of the CWP barn, some old irrigation pipes, and the bulldozer. Three Rivers Basin There was a lot of night time activity and illegal dumping going on at Three Rivers Basin on the north side of Grove Street next to the railroad tracks which included having fires on the cranberry bog, drinking, littering, etc. Brad Norman used community service assistance and worked to get Streets, Trees, and Parks out there to help remove the rubbish and block off the access with boulders. Since then, there has been more dumping because people can drive around the boulders through private property to get there. A neighbor called the KPD to report the dumping of a rug and gave the police the license plate number. The KPD found the person and had them come back to remove the rug from Three Rivers. I found out about this after the fact and indirectly, but I will contact the KPD and ask them to report all such incidents to the Conservation Commission. I will also provide them with the fine schedule for such offenses so that they can, at the very least, tell the person how much they can be fined for illegal dumping on conservation land to try to discourage them from doing it again. - Enforcement 91 Main Street Conducted a site visit on December 20 th with the contractor who was hired to remove the fill and debris from the wetlands. As the owner, Mr. Neary, stated when the Commission was reviewing the restoration plan, the site historically had a lot of 2
dumping and there was still some debris (concrete footings, metal ladder, etc.) in the wetlands at the time of my site visit. I asked the contractor to remove those. All of the brush that had been cut and pushed into the wetlands was also removed. The agent will send a letter with a new deadline of June 15, 2018 for completing the seeding with a wetmix. Elizabeth Drive The agent had not heard from Bill Cushing, but when she called him he said he hired Webby Engineering to do a site plan to see how close the enormous earthen berm is to the wetlands. Webby was finalizing the plan of land and should have that submitted in a day or two. 110 & 114 Country Club Way I talked with Fred Tonsberg to see when he was going to submit a revised restoration plan. He said he would talk with Marti Nover and get back to me. I told him that I would send him a letter with a new deadline and would consider any timeframe he and Marti propose, but that I would need to hear from him very soon. 7:10p.m. Opened a Public Hearing for a Notice of Intent for Brook Street Stormwater Mitigation Present: Tom Pawlina Exhibits: Notice of Intent, dated December 27, 2017, signed by Mr. Robert H. Fennessy, Jr., Town Administrator for the Town of Kingston; Jones River Estuary BMPs, Phase V, Kingston, MA, Sheets 1-3, revised through December 27, 2017, prepared for the Town of Kingston, by ATP Environmental, stamped by Mr. A. Thomas Pawlina, P.E.; Drainage Calculations, submitted December 27, 2017, prepared for the Town of Kingston, by ATP Environmental, stamped by Mr. A. Thomas Pawlina, P.E.; Construction Period Erosion, Sedimentation, and Pollution Prevention Plan, submitted December 27, 2017, prepared for the Town of Kingston by Maureen Thomas, Conservation Agent; Long-Term Operation and Maintenance Plan, dated December 27, 2017, prepared for the Town of Kingston by Maureen Thomas, Conservation Agent Tom Pawlina presented the project to the Commission and the public. Maureen Thomas stated that she worked on filing the Notice of Intent on behalf of the Town. The chairman asked about erosion once the swales reached their capacity. Tom Pawlina stated that the swales were all stone but once the flow emerges it would resume along the existing gutter line. Gary Langenbach asked if dewatering would occur during construction. Tom Pawlina stated that they did not anticipate hitting ground water based on the borings. The chairman asked about the location of stockpiles. Tom Pawlina stated that stockpile locations were usually worked out between the contractor and the town. Tom Pawlina stated that another issue that will need to be addressed during preconstruction would be traffic management. Gary Langenbach stated that Sampson Park was used as a staging area for the Elm Street bridge project. Dana Duperre asked if they were only obtaining a 2 separation to groundwater. 3
Tom Pawlina stated yes but currently the water discharges directly. The chairman stated that the intent was to remove the bacteria in the first flush. John Schneiter from 32 Brook Street asked for some clarification on the areas where the work would occur. John Schneiter asked if improvements that were probably within the easement would be removed. He specifically mentioned a fence that was installed and his mailbox. Tom Pawlina stated that everything was in the right of way. He stated that in some locations the guardrails would be removed and replaced with wooden guardrails. John Schneiter asked how long the project would take. Tom Pawlina stated that the project would take around four weeks to complete. Adam Girard, 14 Brook Street, asked about pavement of the road. Tom Pawlina stated the areas would be patched paved. Pat Lally, 37 Brook Street, asked where the construction equipment would be stored. Tom Pawlina stated that this project wouldn t be bid until sometime in March but once the contract was awarded, the contractor would come to Town Hall for a meeting with town departments to discuss preconstruction issues. Pat Lally asked about erosion controls. Tom Pawlina stated that filter mitts and silt fencing were proposed. Suzanne Richards from 22 Brook Street asked if the underground leaching field would make an area more wet. Tom Pawlina stated that the project was only to treat the first flush and anything beyond the first 1 would go back into the pipe and discharge out. The size of the unit was based on permeability. Marilyn Kozodoy asked what type of notification was provided for the abutters as to the start of work. Maureen Thomas stated that they are originally notified with the filing that a project may occur and then are provided an approximate start date. The weather would need to be construction ready and would typically occur in summer. Because this project was different, construction should occur in May and/or June. The chairman stated that abutters would see the erosion controls being installed and marking out of the utilities. Discussion regarding possible street closures and alternative routes Maureen Thomas stated that there was a long term pollution prevention plan developed as a part of the project. Discussion regarding erosion and scour at Second and Third Brook 4
Maureen Thomas discussed the process for issuing an Order of Conditions including special conditions. Buz Artiano motioned to close the Public Hearing. 7:47p.m. VOTE: 6-0-0 Buz Artiano motioned to approve the project as submitted with the proposed Orders of Conditions as submitted by the agent. 7:47p.m. VOTE: 6-0-0 7:48p.m. Continued a Public Hearing for a Notice of Intent for Winter Street Drainage and Roadway The applicant requested a continuation of the Public Hearing. Buz Artiano motioned to continue the Public Hearing. 7:50p.m. VOTE: 6-0-0 Continued to February 6, 2018 @ 7:00p.m. 7:50p.m. Opened a Public Hearing for a Request for Determination of Applicability for 26 Evergreen Street, Map 35, Lot 27 Present: Brad Norman Brad Norman presented the project to the Commission. Marilyn Kozodoy stated that the Senior Center project ran from 2004 through 2009 and during that time there was extensive discussion about the site. Initially the committee was advised not to use this site because of the constraints. With a lot of review, it was approved with the most extensive amount of parking that could be fitted into the property even with waivers to allow work within the various zones that the Commission protects. She stated that the area that they were proposing for additional parking should have had a guardrail and some plantings that would have disallowed parking there in the first place. The conservation posts were up against the brush line. There were some mitigation aspects that should have taken place. One was a clean-up of remaining debris and the current condition of the rain garden. Brad Norman stated that the condition of the rain garden was quite good. He stated that the area was cut back by Kingston Landscape. Marilyn Kozodoy stated that what was missing in both areas was explanatory educational signage as to the importance of these features per the Order of Conditions. Marilyn Kozodoy stated that overflow parking behind the Town House had also been discussed. In addition there was discussion about staff using Town House parking to free up some of the Senior Center parking. She stated that she was absolutely opposed to expanding the parking. Brad Norman stated that four staff members were parking in the Town House parking lot daily. He stated that they were in need of parking. Gary Langenbach stated that there was a tremendous amount of concessions when the Senior Center was proposed and built. He stated that there was mitigation. Brad Norman stated that at one point stakes were put in the ground where they were parking. He stated that if a guardrail was installed they would park along it and be in the roadway where it would be a public safety issue. 5
Discussion Buz Artiano motioned to close the Public Hearing. 8:10p.m. VOTE: 6-0-0 Buz Artiano motioned to issue a Positive Determination of Applicability. 8:10p.m. VOTE: 6-0-0 8:11p.m. Continued a Public Hearing for a Notice of Intent for 120 Country Club Way, Map 73, Lot 4-115 The applicant requested a continuation of the Public Hearing. Buz Artiano motioned to continue the Public Hearing. 8:11p.m. VOTE: 6-0-0 Continued to February 6, 2018 @ 7:20p.m. The chairman motioned to recess into Executive Session for the purpose of M.G.L Chapter 30A Section 21(a) to discuss the consideration of the purchase of real property off of Barses Way and to return to open session. The chairman declared that discussing this in open session could have an adverse effect on our negotiating strategy. 8:13p.m. Roll Call Vote: Buz Artiano Yes, Marilyn Kozodoy Yes, James Parker Yes, Dana Duperre Yes, Gary Langenbach Yes, William Kavol Yes Buz Artiano motioned to close Executive Session. Dana Duperre seconded the motion. 8:28p.m. Roll Call Vote: Buz Artiano Yes, Marilyn Kozodoy Yes, James Parker Yes, Dana Duperre Yes, Gary Langenbach Yes, William Kavol Yes Agent Updates continued 39 Prospect Street Bob Laine did not comply with the injunction from the court to clean the property by July 2017 and, in the spring, the Town will bring a contempt charge before the court. This is currently on hold due to the weather not being conducive to any site cleanup. We still receive occasional complaints from neighbors. We have not received any response from Bob Laine on substantiation of any ongoing farming on the property though it appears none is occurring. Much of the activity on the site was not related to farming. 102 Ring Road Property owned by bank, enforcement orders have not been issued yet - Grant Updates MA CZM Coastal Resilience Grant Gray s Beach The administration of the CZM Coastal Resilience grant will be taken over by Recreation Director Sue Woodworth with assistance from Horsley Witten Group who will be doing construction oversight throughout the project. MA CZM Coastal Pollutant Remediation (CPR) Grant 6
Once this is permitted by the Commission, the Orders, plans, and bid specifications should be submitted to the Selectmen s Office so that the project could be put out to bid to choose a contractor prior to the 2018 construction season since this project must be completed by June 30, 2018. Tom Pawlina, ATP Environmental, has a contract with the Town to do construction oversight on this project and his work was being funded through Chapter 90 with ATP invoices being processed through the Dept. of Streets, Trees, and Parks. All construction work was being funded through the CPR grant. DEP 604b Water Quality Planning Grant The Agent was working with Alex Mansfield, JRWA Ecology Program Director, on this project who will work with the new Agent on taking samples in spring or summer 2018 in the area of the Elm Street bridge and dam. Tom Pawlina will be working with us on this grant under contract with the Town and will be taking the results of lab analyses to incorporate into stormwater BMP designs to improve the quality of the stormwater discharging to the Jones River in the area of the dam. - Elm Street Dam Removal NOI The agent worked with JRWA, DER, and Stantec to delineate the wetlands in and around the Elm Street Dam. JRWA was preparing to first file an Environmental Notification Form (ENF) and then a NOI with the Commission. - CZM Coastal Manual Workshop CZM held a workshop on their new Coastal Manual. It was during the workshop that the agent learned the November 2016 FEMA coastal A zone delineations were not correct. Otherwise, the maps were correct. - FEMA Letter of Map Revision (LOMR) The LiMWA zones that were shown on the Nov. 2016 FEMA flood maps were not accurate and to get the accurate delineations on these areas, one must go onto the FEMA website to find the correct delineation. - 2017 Conservation Commission Annual Report submitted to the Selectmen s Office The chairman thanked Maureen Thomas for her service to the Town of Kingston and wished her well. - 18 Shore Drive Request for Extension 8:48p.m. Buz Artiano motioned to approve an extension for the Orders of Conditions at 18 Shore Drive for 3 years. VOTE: 5-1-0 (Gary Langenbach opposed) Buz Artiano motioned to adjourn. Dana Duperre seconded the motion. 8:49p.m. VOTE: 6-0-0 7