Town of Wellesley, Massachusetts

Approved 12/21/06

Wellesley Wetland Protection Committee

Thursday, October 19, 2006

Natural Resources Commission Office

Town Hall, Lower Level, 7:30 PM

Present: Mary Jane O’Donnell, Chair, Marc Taylor, Vice Chair, Robert McDonnell

Absent: Rhonda Ryznar, Robert Lubker

Guests: James Dean, Elsie Dean, Kay Anderson, Sara Anderson, Dan Picking, Jerry Rossmann,

Mr. Emanuel Markis, Eric Lusier, Jim Gallerani, Minyi Lu

Public Voice: No one appeared for the Public Voice session.

198 Winding River Road, Request for Determination

Mr. James Dean and Mrs. Elsie Dean, the applicants and owners of the property, appeared to present their Request for a Determination of Applicability. The application included a plan of the property showing the location of some vegetation, the house, and other features of the property. The rear of the property borders on the Charles River, and the side of the property contains a vernal pool in a relatively steep depression. The vernal pool is marked on the Committee’s non-binding guidance map, but it apparently has not been certified. Mr. and Mrs. Dean do not know if the pool ever dries up since they have not lived at the property through a full year. Mr. Dean, with the aid of the plan submitted with the application, described the proposal to remove a number of trees and do so some trimming. The Deans also want to remove some invasive species in a wooded area of their property, and they want to put some stone steps into a dirt path next to the house. The Deans, who have hired Hartney Greymont to perform the work, would also like to remove some lawn at the end of the proposed steps and replace it with either a stone walk or a mulch walk.

Mr. Bob McDonnell explained what he observed on the site visit. The lawn in the backyard extends from the house down to the river, but more of the back yard is wooded with mature trees and shrubs. The lawn is comparatively narrow and provides a vista from the house to the river. Mr. Dean walked the property with Mr. McDonnell on October 18, 2006 and identified the trees that he wanted to remove; some are diseased. A tall white pine is crowded by hardwoods and may fall on the house; another pine is being crowded out by a red oak. All of the trees are quite mature.

Mr. Marc Taylor asked numerous questions about the invasive species and their proposed removal. He wanted to know what improvement will result if work is allowed in the riverfront zone. Mr. Dean explained that the invasive species have been identified by Hartney Greymont, and they will be replaced by native species listed in the application. A small area of lawn near the vernal pool will be removed, and the stone steps on the existing dirt path will probably reduce the risk of erosion into the vernal pool depression

The Committee discussed and ultimately adopted the following conditions:

1. Work on the path on the side of the house may run from the driveway to the air conditioning units. The stone steps and path may occupy an area approximately six-feet wide. Proper erosion control must be installed before the work in order to establish the limit of work and prevent erosion.

2. A small portion of lawn approximately six or seven-feet wide may be removed from the air conditioning units to the end of the rhododendron bed. The lawn may be replaced with a pervious path consisting of either stone or mulch. This area also needs to be bordered by erosion control in order to avoid impacts to the vernal pool and bank.

3. The trees marked on the plan submitted with the application may be removed by Hartney Greymont.

4. The invasive species in the non-lawn area may be removed and must be replaced with the native species identified by the applicant with the assistance of Hartney Greymont.

5. Before the work is performed, Hartney Greymont should draw a sketch of the erosion controls to be installed and submit the sketch to the Committee. Notice should be given to the Committee before work begins so that a pre-work inspection can take place. The applicants may, however, proceed with the tree removal immediately.

The Committee suggested to the Deans that future work in the riverfront zone should probably be addressed through a Notice of Intent rather than a Request for Determination.

Bob McDonnell moved for negative determination with conditions. Marc Taylor seconded the motion. The Committee voted 3-0 to issue a negative determination with conditions.

21 Seaver Street, Request for Determination

Mr. Marc Taylor visited the site, which abuts the buffer zone and bordering vegetated wetlands near Caroline Brook; part of the property is in the buffer zone.

Kay Andersen and Sara Andersen, the owners, explained the work they hope to perform. This involves the removal of five trees from the buffer zone. There is an old drywell and an old cess pool in the buffer zone, and some of the trees are near them. The Andersens were not informed of these conditions before they purchased the property. There is one tree to be removed that is diseased. The tree by the drywell and one tree behind it are putting a lot of shade on the house and contributing to a mold problem. There is also a family of squirrels that has been using one of the trees to invade part of the house.

Two trees have already been removed. The Andersens were not aware of the need to obtain a determination from the Committee. Mr. Peter Keenan informed them about the regulations and bylaw and ordered them to stop the work. The Andersens complied with the order and submitted the Request for Determination. The grass line on the property is 83 feet from BVW that is around Caroline Brook.

The Committee suggested that the Andersens talk to the Board of Health administrator about removing the old cess pool and old drywell.

The Committee discussed and ultimately adopted the following conditions:

1. The five trees may be removed.

2. The Andersens should contact the Board of Health agent to discuss the proper method and procedure for decommissioning or removing the old dry well and old cess pool.

Mr. Bob McDonnell made a motion for a negative determination with conditions. Mr. Marc Taylor seconded the motion. The Committee voted 3-0 in favor.

47 Parker Road, Notice of Intent, DEP #324-533

Mr. Dan Picking, the builder; Mr. Jerry Rossmann, the surveyor; and Mr. Emanuel Markis, the property owner attended the hearing on the Notice of Intent. Mr. Markis had notified all abutters and had the certified receipts with him. Two neighbors did not sign for the notices.

Ms. Mary Jane O’Donnell visited the site, which is located in the Bogle Brook watershed. The property is relatively narrow and has a dogleg to the right. After the dogleg bends, the lawn ends and a very steep slope descends to Bogle Brook. There is an area of bordering vegetated wetland between the brook and the slope.

Mr. Markis wants to demolish all the structures on the property and then build a new single-family residence with a detached garage at the rear of the property. He explained five different designs and arrangements that he considered for rebuilding the site. Potential layouts are difficult because the lot is narrow and the Zoning Bylaw’s side yard set backs have to be dealt with. The existing home, which Mr. Markis and his family live in, is a small Cape. He needs to build a larger house since his family now includes two children. He reluctantly has decided to place a detached garage in the backyard.

Mr. Markis explained that he has attempted to keep the house out of the riverfront. A back corner of the proposed design will be in the outer edge of the riverfront zone. The proposed detached garage is in the riverfront area and the buffer zone of the BVW.

Mr. McDonnell made a motion to close the hearing and to issue an order of conditions with the standard conditions of erosion control, limit of work and notice to the Committee before work begins. The Committee did not think that the features of the site and the proposed work required any additional conditions beyond the standard ones. The DEP has issued a number for this file. Mr. Taylor seconded the motion. The Committee voted 3-0 to approve the motion.

45 Falmouth Road, Request for Determination

Mr. Bob McDonnell did the site visit on October 18, 2006. Mr. Eric Lusier, the excavating and landscape contractor for the applicant, Mr. Thomas Sleeper, appeared at the hearing. Mr. Lusier is doing some landscaping work for the Sleepers, who want to remove the three trees from the circular planting area in the back lawn. The work will also remove shrubs and boulders that form a circle in the center of the lawn in the area of the trees. The area will be leveled.

Mr. McDonnell described the location, which is on a very slight crown in the backyard. Lawn extends away from the circular garden, and then begins to drop at a relatively steep angle toward the neighboring lot. There is a resource area down the hill near the street between the two lots that is vegetated with red maple. The Town apparently has a conservation and drainage easement through this area. Part of the area was dry, but the area near Falmouth Road was wet and had standing water on it on October 18. This area may be connected to a stream behind the properties across Falmouth Road in Weston. The resource area is listed as BVW with a buffer zone on the Committee’s guidance map, but Mr. McDonnell was not able to observe a connection on October 18. The depression between the two lots, however, may be an intermittent stream. The drainage easement would suggest that it is. Mr. McDonnell did not think that the proposed work would cause any alterations to the resource area. The area of work is relatively far away from the resource area and is unlikely to cause any alterations of the resource. Mr. Lusier said that soil from the leveling of the slight crown will be removed from the yard by truck. He will bring machinery into the yard on the side of the property that is furthest from the vegetated wetland.

Mr. McDonnell moved to issue a negative determination. Mr. Taylor seconded the motion. The Committee voted 3-0 to approve the motion.

15 Sunnyside Avenue, Notice of Intent, DEP #324-534

Mr. Bob McDonnell performed the site visit on October 18. Mr. Jim Gallerani, the landscaper, and Mr. Minyi Lu, the owner, attended the hearing.

Ms. O’Donnell summarized the previous proceedings involving this property. Apparently all the trees on the property were cut down without any order of conditions. The entire property is located in the riverfront area of Bogle Brook. Ms. O’Donnell said there were issues before with the plantings being removed. Mr. Keenan issued a cease and desist order and the owner came to a meeting about a month ago after stopping the work. Mr. Lu has hired Mr. Gallerani to assist him with restoring conditions on the site. Mr. Gallerani, who noted that the whole property is in a “buffer zone,” has prepared a planting plan. The Committee explained to Mr. Lu and Mr. Gallerani that the property is riverfront area, which has different performance standards from a buffer zone.

Mr. Lu has owned the house for five months. Mr. McDonnell described his observations of the property, which contains two very the large boulders in the backyard and a small cliff with more big boulders on the far side of the stream. Mr. Lu owns both sides of the stream, which is a branch of Bogle Brook according to the Committee’s guidance map.

Mr. Gallerani described how he wants to plant an area of native shrubbery. Between that planting area and the brook he will leave the area basically undisturbed except for cleanup of debris. He estimated that the no-disturb area would be about 20 feet deep from the bank of the stream to the plantings. The area of plantings, native species, will be 10 to 12 feet wide. Proposed species to be planted are listed on the application and are from the sheet that the Committee maintains in the NRC office. Mr. Gallerani used the “Draftics” program to illustrate the landscaping proposed. The proposed plantings were overlaid on a photo of the property. From the planting area to the house would be seeded with lawn.

Mr. Gallerani asked about the asphalt path around the side and back of the house. It is in a crumbling condition. There is also a deteriorating concrete pad near the stairs on the side of the house. No work is proposed on these features right now, but Mr. Lu may like to do some in the future. There is also a cast-iron pipe that is disconnected from the gutter downspout and is jutting out of the ground.

The Committee discussed the following conditions and ultimately adopted them:

1. The cast iron pipe jutting out of the ground at the corner of the house should be removed. A flower bed may be planted in that area approximately three to four feet wide. A drain should be installed in the flower bed to pull water away from the house. The flower bed may go along the back of the house and around the corners.

2. A 20-foot no-disturb zone from the bank of the brook should be maintained. Native species ground cover may be planted there. Other native species may also be planted in this area. No lawn is allowed in this no-disturb area so that the risk of fertilizers and other chemicals running into the stream is eliminated.

3. The 20-foot no-disturb area may be bordered by a 10-12 foot wide planting area of listed native species. Between the planting area and the house, the level yard will be a seeded lawn. The boulders and ledge will remain.

4. The crumbling asphalt path and the crumbling concrete footing in the area of the side stairs can be removed and replaced in the same boundaries plus or minus one foot. Concrete brick of a pervious, unilock character, will be used to replace the asphalt and concrete areas.

5. The front yard will be seeded lawn and have some plantings of native species.

Mr. McDonnell moved to close the hearing and issue an order of conditions with the above-noted conditions in addition to the standard conditions. Marc Taylor seconded the motion. The Committed voted 3-0 in favor of the motion.

The Committee explained to Mr. Lu and Mr. Gallerani that the Order of Conditions will need to be recorded in the Registry of Deeds in Dedham, and Mr. Lu will have to come back to the Committee for a certificate of compliance after the work is performed.

50 Pilgrim Road, DEP #324-496, Request for Certificate of Compliance

Ms. O’Donnell visited the site. She recommended that a certificate of compliance not yet be issued. She explained that three issues need to be addressed: An as-built drawing needs to be prepared; plantings need to be identified on the plan; the plan needs to show elevations and show the extent of the lawn. Ms. O’Donnell spoke to the builder on the site. He told her that he would be happy to submit the required plans. The Committee took no action.

38 Sabrina Road, Request for Certificate of Compliance

Ms. Janet Bowser, the NRC administrator, performed the site visit and left a note for the Committee that the conditions in the permit had been met.

Mr. McDonnell moved to issue a certificate of compliance. Marc Taylor seconded the motion. The Committee voted 3-0 in favor of the motion. The committee signed the certificate.

No additional work was conducted. Mr. Bob McDonnell took the minutes.