Distributed: 9/12/17 Approved: 9/6/17 - Ipswich, MA

Approved: 9/6/17Distributed: 9/12/17

IPSWICH CONSERVATION COMMISSIONMeeting Minutes

July 5, 2017

Pursuant to a written notice posted by the Town Clerk and delivered to all Conservation Commission members, ameeting was held Wednesday, July 5, 2017 at 7:00 p.m. in Room A of the Ipswich Town Hall. Members presentwere Acting Chairman Sissy ffolliott, Acting Vice-Chair Brian O’Neill, Commissioners Catherine Carney-Feldman,Michele Hunton and William Paulitz. Absent with prior notice were Jennifer Hughes and David Standley. Alsopresent was Agent Alicia Geilen and Recording Secretary Cathy Miaskiewicz.

DEFINITION INDEX: BVW - Bordering Vegetative Wetland COC – Certificate of ComplianceCR – Conservation RestrictionCZM - Coastal Zone ManagementDCR - Department of Conservation and RecreationDEP - Department of Environmental ProtectionEC – Emergency CertificateEO – Enforcement OrderICC – Ipswich Conservation CommissionIRWA – Ipswich River Watershed AssociationLIAU – Land in Agricultural UseLSCSF – Land Subject to Coastal Storm FlowageLSP – Licensed Site ProfessionalNOI – Notice of IntentNDZ – No-Disturbance ZoneO & M Plan – Operations and Maintenance Plan: An O&M plan is an indication that a facility is in continued compliance with applicable regulations and permit conditions OOC – Order of ConditionsORAD – Order of Resource Area DelineationRDA – Request for Determination of Applicability (below is a list of possible outcomes for RDAs) Negative #2 Determination (NDA)– This is an approval for work in in resource areas

Negative #3 Determination (NDA)– This is an approval for work in in buffer zones Positive Determination – This is a denial requiring an NOI to be filed should the applicant wish to pursueRPA - Riverfront Protection ActSWM – Storm Water ManagementSPP – Small Projects PermitTEC – Temporary Erosion ControlsWPA – Massachusetts Wetlands Protection Act (310 CMR 10.00 et seq.)ZBA – Zoning Board of Appeals

2IPSWICH CONSERVATION COMMISSION

Meeting MinutesJuly 5, 2017

Citizen’s Queries:

MATTER: Cole Desmond, 15 Ward Street. Question of proper form to file (RDA vs. NOI).

DISCUSSION: Present was Cole Desmond looking for advice regarding permitting requirements for electricfencing at the edge of the 25’ No-Disturbance Zone. He would like to keep four animals in the fenced area, springthrough fall, and be allowed mow on the wetland side of the fence to keep the electric fence working properly. Mr.Desmond stated that the fence does not prevent wildlife movement. Agent Geilen asked the Commission if workcould be reviewed under an RDA. Commissioner Carney-Feldman asked if it was solar powered. Mr. Desmondsaid it would be battery powered. Cole confirmed the animals would not be pastured in the area in the winter andhe would use rotational grazing. Commissioner Paulitz asked how close he would be mowing to the wetland. Mr.Desmond stated that the fence would be 25’ from wetlands, with one 6’ wide mowed area on the wetland side, sothere would be a 19’ NDZ between the fence and the wetlands. Agent Geilen stated that it would be up to ICC ifthey want him to file an NOI or an RDA. Acting Vice-Chair O’Neill stated that he thought the NOI would benecessary. Commissioner Carney-Feldman asked about composting. Mr. Cole stated they would not be compostingon that portion of the property because the animals would only out there for four weeks at a time. ICC agreed heneeded to file an NOI.

RECOMMENDATION OF AGENT: None

MOTION:

♦ N/A

ACTION ITEMS / SPECIAL INSTRUCTIONS: None

DOCUMENT LIST: Email Re: File type dated 6/28/17, prepared by Cole Desmond.

MATTER: Ben Staples, 6 Agawam Ave.

DISCUSSION: Present was Mike DeRosa of DeRosa Environmental Consulting Inc., and Ben Staples for advicefor a seasonal float in the Ipswich River. Agent Geilen gave a review stating that an RDA was filed for thisactivity, but was withdrawn because it was in ACEC, and therefore not allowed, unless it could be proven thatthere was a float at that location prior to the ACEC regulations. The Agent reminded the Commission that theowner had put in a seasonal float and ramp in 2001. It came to the Commission’s attention when he replaced it in2015, and was part of an EO and the aforementioned ATF RDA. At that RDA hearing, it was determined thatalthough they had a Harbor Master seasonal float permit for 2001, he never got ICC approval. The area is inACEC, so the RDA was withdrawn, as there can be no new structures in ACEC. Agent Geilen found an aerial from1965 that might show a float there, but it was unclear. If the applicant can prove there was a float there in the past(pre-1972), via a building permit, Harbormaster permit, etc., Agent Geilen felt a new float should be allowed, butthe onus was on them to prove it. Mr. DeRosa thought that only applied to permanent docks. He noted thatseasonal float had always been approved just through the Harbormaster. Agent Geilen disagreed. Mr. DeRosathought a WPA permit was not even required and stated that there were other floats in the same area. Agent Geilenstated that the ICC only purses unpermitted floats and docks as they become aware of them, and only permitsreplacement of existing floats in ACEC. Mr. Staples said that he had a Harbormaster permit in 2001 and did notknow he needed to renew yearly. He stated that he had applied and had re-applied and not heard back from them.Commissioner Carney-Feldman asked about a similar case on Labor-in-Vain. ICC allowed a float and permitted it.Mr. DeRosa stated that was because it was a permanent float. Agent Geilen reiterated that there had been manyseasonal structures that have required a permit. Mr. DeRosa stated then everyone would need to come before theCommission for a permit and asked if that would that be in perpetuity. Agent Geilen stated that back in 2015, theCommission stated he needed a permit, and that decision should still stand. She also added that she did not think itwas appropriate to ask the Commission, in a CQ, to change their opinion when less than the full board was present.She suggested he talk to the Harbormaster and wait for the full board to come back. Agent Geilen noted that she



will have Inspector Decie look into the minutes from 2015. Mr. DeRosa stated he would like a copy of the minutesalso.


MOTION: N/A


DOCUMENT LIST: None.

MATTER: 30 Mill Road.

DISCUSSION: Present was Mike DeRosa of DeRosa Environmental Consulting Inc., and Ben Staples to discuss agypsy moth problem at 30 Mill Road. Mr. DeRosa presented stating that the homeowner wanted to spray for gypsymoths with a natural fungicide and wanted to know if he needed to file for that. Acting Chairman ffolliottwondered if it was worth doing, because of where the moths are in their growing cycle. Mr. Staples thought itwould be worth killing the moths now. Commissioner Carney-Feldman did not think filing was necessary. ICCagreed.

RECOMMENDATION OF AGENT:NoneMOTION: N/A


DOCUMENT LIST: None.

Ongoing Matters Being Continued to FUTURE Sessions:

MATTER: 36-651: 44 Clark Road, Colby. COC Request. Requested continuance to 7/19/17.

DISCUSSION: There was no one present for this matter.

RECOMMENDATION OF AGENT:Continue to July 19, 2017 as requested.MOTION:

♦ A motion was made by Commissioner Carney-Feldman to continue to July 19, 2017 as requested. The motion was seconded by Acting Vice-Chair O’Neill and passed unanimously.


DOCUMENT LIST: Continuation Request.

MATTER: 36-651: 44 Clark Road, Colby. Enforcement Order update. Requested continuance to 7/19/17.


RECOMMENDATION OF AGENT:Continue to July 19, 2017 as requested.



MOTION:




MATTER: 36-1331: John Colantoni for work at 340 Linebrook Road shown on Tax Maps: 27C, Lot: 6D for a NOTICE OF INTENT for a two-car garage with second floor addition in jurisdictional areas. Requested continuance to 7/19/17.


RECOMMENDATION OF AGENT:Continue to July 19, 2017 as requested.MOTION:




MATTER: 36-1306: Daniel Veno for work at 35 River Road shown on Tax Map: 24C Lot: 069-018 for a NOTICE OF INTENT to demolish and reconstruct an existing condominium in jurisdictional areas. Continued from June 7, 2017.


RECOMMENDATION OF AGENT:Continue to July 19, 2017 as requested for revised plans.

MOTION:

♦ A motion was made by Commissioner Carney-Feldman to continue to July 19, 2017 as requested for revised plans. The motion was seconded by Acting Vice-Chair O’Neill and passed unanimously.





Courtesy Position for Town Project

MATTER: 36-1322: Department of Public Works for work at Farley Brook, off 78 Central Street, including 2 Brewery Place and 0 & 23 Mineral Street shown on Tax Maps: 41B, Lots: 281, 283, 326 & 268 for a NOTICE OF INTENT for an Ecological Restoration limited project including modifications to an expansion of an existing Bordering Vegetated Wetland adjacent to Farley Brook, a tributary to the Ipswich River, to improve water quality to protect shellfish harvest beds in the Ipswich River. Continued from June 21, 2017.

DISCUSSION: Present was engineer Kevin McHugh from Coneco Engineers & Scientist, Inc. for the FarleyBrook project. The plan revisions were in response to some questions Commissioner Standley had from a site visit.Mr. McHugh gave a review of the matter. He discussed the “Coastal Remediation Plan for the Town of Ipswichfrom February 2000.” He stated that this study found that Farley Brook was contributing to pollution in theIpswich River. In 2007 a study was completed just on Farley Brook, which also concluded that Farley Brook is acontributor of pollutants into the Ipswich River. One location they identified as an area for water qualityimprovements was the area behind the brewery, where this project is located. They are proposing a man-madewetland to improve water quality of the brook. The town has discussed the plan with DEP and abutters, and haveadjusted the project to address their comments to the best of their ability. The project is also characterized as aflood mitigation project. The new design considered the loss of natural screening from cutting trees, as well asnoise and light pollution; concerns of the abutters. The abutters were also concerned about mosquito issues. Thetown came up with a different planting plan to address these concerns. The new plan has additional screening forshielding and sound. Mr. McHugh had not heard back from the abutters yet. They wanted to update theCommission on where they are, and where they are going. DEP is in now favor of the new plan. Acting Vice-ChairO’Neill said he could understand the loss of trees would be upsetting to abutters. He asked what the changes were.Mr. McHugh stated that now they are keeping as many trees as possible and are adding in trees as well. He saidthey will try and keep what trees that they can, like the red maple. Commissioner Carney-Feldman was pleasedwith his choice of plants and how it was broken down to zones. [Discussion: deer eating the plants/alternatives.]Acting Vice-Chair O’Neill was in favor of keeping as many trees as possible. Commissioner Carney-Feldmansuggested they get taller plants, bigger and taller than the level of the deer. Commissioner Carney-Feldman was infavor of approving the revisions. Commissioner Paulitz asked if they would be maintaining the wetland in thefuture. Mr. McHugh stated that there would be continued maintenance, removing branches, etc. and yearlyinspections. He stated they also plan to remove invasives. Commissioner Carney-Feldman asked how they wouldwater the plants with the DPW water truck. Commissioner Carney-Feldman recommended this be added to theSpecial Conditions. Commissioner Paulitz asked about condition #47. Agent Geilen will change it to staking outlocation before pre-construction meeting and will add a Special Condition about watering. Waivers were requestedfor NDZ and NBZ.

RECOMMENDATION OF AGENT:Approve waivers as requested, close the public hearing and issue a Positive OOC with Special Conditions as discussed.MOTION:

♦ A motion was made by Commissioner Carney-Feldman to approve the waivers as requested. The motion was seconded by Commissioner Paulitz and passed unanimously.

♦ A motion was made by Commissioner Carney-Feldman to close the public hearing. The motion was seconded by Commissioner Paulitz and passed unanimously.

♦ A motion was made by Commissioner Paulitz to issue a Positive OOC with Special Conditions as discussed. The motion was seconded by Commissioner Carney-Feldman and passed unanimously.

ACTION ITEMS / SPECIAL INSTRUCTIONS: Change condition #47 and add Special Condition for watering.

DOCUMENT LIST:Plan entitled "Ipswich River Watershed BMP Implementation at Farley Brook Notice of Intent Plans", dated 6/7/17, prepared by Coneco Engineers and Scientists and Letter Re: Citizen Concerns dated 4/4/17, prepared by Bob King and Britt Hed.



MATTER: 36-1345: Town of Ipswich (Department of Public Works) for road work at rights-of-way at 231, 232 and 240 Linebrook Road shown on Tax Map: 28D, Lots: 001, 006 and 010 for a NOTICE OF INTENT torepair southern portion of roadway and embankment, removal of corrugated culvert arch and potential repair of inlet end of culvert in jurisdictional areas. New Notice of Intent.

DISCUSSION: Present was engineer Kevin McHugh from Coneco Engineers & Scientist, Inc. Mr. McHughpresented the matter stating they were proposing repairs to a culvert. The culvert was damaged during the 2006Mother’s Day storm. The culvert was overwhelmed and caused damage on the inlet side. DPW made some repairs,which appeared to include installing a 4’ culvert inside the inlet side of the granite box culvert, and reconstructingthe banking. The remainder of the 6’ x 4’ granite box culvert in good shape. However, Mr. McHugh stated theyare seeing problems again. He stated that since the road is being reconstructed, it would be a good time to fix it.Agent Geilen asked if the repairs back in 2006 were intended to be temporary. Mr. McHugh did not know but saidsince 2006 it has held up well. He stated that you can’t get in the inlet side with a camera, so they went in theoutlet side and saw that there was a lot of sediment inside. He went in about 20 feet of the 66 feet length. Mr.McHugh showed the Commission photos. He stated that in the past there was a repaired sink hole, so DPW ishoping to repair the culvert before the paving begins. [Discussion: feet changes in width/have to significantlywiden it because of the length/discussed cost to change culvert size/4-foot-tall culvert.] Agent Geilen asked aboutisland of debris on then outlet side, stating that it looked like it had been removed but had re-established. Mr.McHugh agreed. He said it continues to back up. He stated that unless you clean whole brook, it will continue toget backed up. Mr. McHugh thought they would clean what they could as part of the project. Agent Geilen statedshe would like to see DEP comments and recommended continuing for the comments and to review stream-crossing standards. Mr. Larry Graham was present in the audience and asked why they were doing the LinebrookRoad project now. Commissioner Carney-Feldman agreed and wanted to know why this was not taken care of lastyear. Agent Geilen explained it was because it needed its own filing. It was originally part of an OOC for this andtwo other culvert replacements, but needed more information. That OOC has since expired. Agent Geilenexplained that the Commission needs to take the time to make the right decisions. Mr. Graham understood butstated time was of the essence. Commissioner Paulitz stated that the Commission should not move forward withoutDEP comments.

RECOMMENDATION OF AGENT:Continue to July 19, 2017.MOTION:

♦ A motion was made by Commissioner Carney-Feldman to continue to July 19, 2017. The motion was seconded by Acting Vice-Chair O’Neill and passed unanimously.


DOCUMENT LIST:NOI Packet dated 6/13/17, prepared by Coneco Engineers and Scientists including Mandatory Pre-filing Checklist, WPA Form 3 Notice of Intent Application, NOI Wetland Fee Transmittal Form, Ipswich Wetlands Protection By-law Filing Fee Calculation Worksheet, Plan entitled "Bull Brook Culvert Repair" dated 5/10/17, prepared by Coneco Engineers and Scientists,Legal Ad and Locus Map, Notification of Abutters, Abutters List, Affidavit of Service, Waiver Request dated 6/14/17, prepared by Coneco Engineers and Scientists and Stormwater Management Report dated 6/14/17, prepared by Coneco Engineers and Scientists.



Requests for Certificates of Compliance:

MATTER: 36-1205: 259 Argilla Road, Pirie (House). Request for COC. Continued from June 21, 2017.

DISCUSSION: Present was Mike DeRosa of DeRosa Environmental Consulting, Inc. and Larry Graham of H.L.Graham Associates, Inc. Agent Geilen apologized for not noticing that the two OOCs were expiring, so that theycan no longer he amended or extended. Agent Geilen recommended the file and after-the-fact NOI to approveunauthorized work. She wanted to make sure what is there is approved. She stated that the fees already submittedcould go toward that. Mr. DeRosa agreed with after-the-fact filing for the stepping stones and wall and stated theyalso need to report on the salt marsh. Agent Geilen added and the restoration by the garage. Mr. DeRosa said thephragmites work is on-going. Agent Geilen stated that could be done under the EO. She said this COC requestneeded to be continued to November 1, 2017 for a seasonal monitoring report. Mr. DeRosa agreed.

RECOMMENDATION OF AGENT:Continue to November 1, 2017 to complete items discussed.MOTION:

♦ A motion was made by Commissioner Carney-Feldman to continue to November 1, 2017. The motion was seconded by Acting Vice-Chair O’Neill and passed unanimously.


DOCUMENT LIST:No new documents submitted.

MATTER: 36-1214: 259 Argilla Road, Pirie (Boardwalk). Request for COC. Continued from June 21, 2017.

DISCUSSION: Present was Mike DeRosa of DeRosa Environmental Consulting, Inc. and Larry Graham of H.L.Graham Associates, Inc. Agent notes stated that this was continued for the final monitoring report for therestoration and mitigation plantings (due this fall). Agent Geilen recommended continuing to 11/1/17 for thatreport.

RECOMMENDATION OF AGENT:Continue to November 1, 2017 for monitoring report. MOTION:

♦ A motion was made by Commissioner Paulitz to continue to November 1, 2017. The motion was seconded by Commissioner Hunton and passed unanimously.



MATTER: 36-738: 10 Pitcairn Way, Ivanov. Request for COC. Continued from June 21, 2017.

DISCUSSION: There was no one present for this matter Agent Geilen presented. She stated this matter was tobuild the house. There was an amended order issued, but plans were not in file. She spoke with Bill Holt, theengineer, to see if he could find the plan but needs more time.

RECOMMENDATION OF AGENT:Continue to August 2, 2017.MOTION:

♦ A motion was made by Commissioner Hunton to continue to August 2, 2017. The motion was seconded by Commissioner Paulitz and passed unanimously.





MATTER: 36-295: 10 Pitcairn Way, Ivanov. Request for COC. Continued from June 21, 2017.

DISCUSSION: There was no one present for this matter. Agent Geilen presented stating that the file was missing.However, she looked at a lot of aerial photos from the timeframe of the OOC, and the lot was undeveloped until asubsequent OOC was issued to build a single family house. Whatever the project was, she did not think it was everdone. As the OOC was recorded, the only way to clear the title was to issue a COC.

RECOMMENDATION OF AGENT:Issue a COC for an invalid OOC.MOTION:

♦ A motion was made by Acting Vice-Chair O’Neill to issue a COC for an invalid OOC. The motion was seconded by Commissioner Hunton and passed unanimously.


DOCUMENT LIST: No new documents submitted.

MATTER: 36-1296: 55 Argilla Road, Godzilla, LLC. Continued from June 7, 2017

DISCUSSION: There was no one present for this matter. Agent Geilen presented stating that this was continuedfor installation of five shrubs that were not yet in and recommended continuing to 8/2/17.

RECOMMENDATION OF AGENT:Continue to August 2, 2017.MOTION:

♦ A motion was made by Commissioner Carney-Feldman to continue to August 2, 2017. The motion was seconded by Commissioner Paulitz and passed unanimously.


DOCUMENT LIST: No new documents submitted.

Requests for Determination of Applicability:

MATTER: Daniel Streeter for work at Off Linebrook Road and 432 Linebrook Road (Willowdale State Forest), shown on Tax Map: 49, Lots: 014/009 for a REQUEST FOR DETERMINATION OF APPLICABILITY to replace trail bridges in jurisdictional areas. Continued from June 21, 2017.

DISCUSSION: Present was applicant Daniel Streeter. Mr. Streeter presented the matter. Since the last meetingthere was a site visit with Commission members. Mr. Streeter stated that he submitted the revised documentationthat met all of ICC’s requests. He also submitted the access path sketch. Acting Chairman ffolliott stated that shethought it was a successful site visit. Agent Geilen recommended they close the public hearing and issue NDA #3with special conditions to have a pre- and post-construction meeting.

RECOMMENDATION OF AGENT:Close the public hearing and issue an NDA #3 with Special Conditions for a pre- and post-construction meeting.



MOTION:


♦ A motion was made by Commissioner Carney-Feldman to issue an NDA #3 with Special Conditions for a pre- and post-construction meeting. The motion was seconded by Commissioner Paulitz and passed unanimously.


DOCUMENT LIST:Plan entitled “NSNEMBA Bay Circuit Trail Bridges, Project #1” dated 6/28/17, Plan entitled “NSNEMBA Bay Circuit Trail Bridges, Project #2” dated 6/28/17, Sketch Plan entitled "NSNEMBA Access Path Detail" dated 6/28/17 and Photos.

Abbreviated Notice of Resource Area Delineation:

MATTER: 36-1344: Essex County Greenbelt Association, for property located at 8 Candlewood Road; Tax Map: 63, Lot: 004A for an Abbreviated Notice of Resource Area Delineation to confirm the boundary of the wetland resources areas within jurisdictional areas. New.

DISCUSSION: Present was Mary Rimmer of Rimmer Environmental Consulting, LLC, representing the EssexCounty Greenbelt Association (ECGA). Ms. Rimmer gave a review of the matter. She stated that revisions weredone to the delineation. There are wetlands on both side of the driveway and a bulk of the wetland was a mowedmeadow, under the WPA agricultural exemption. ECGA was asking for approval of the lines as they prepare to sellthe property. Commissioner Carney-Feldman asked about how much of the lot was in jurisdiction. Ms. Rimmerstated the vast majority of the site is in jurisdiction except for a small section in the center of the site.Commissioner Carney-Feldman stated that she thought it was not useful for horses because it was too small.Commissioner Paulitz asked if that was the extent of the Buffer Zone. Agent Geilen stated that it was very difficultto delineate, that it was a historic pasture that has been hayed and that Ms. Rimmer did a great job delineating it.

RECOMMENDATION OF AGENT:Issue an ORAD for an accurate delineation.MOTION:

♦ A motion was made by Commissioner Carney-Feldman to Issue an ORAD for an accurate delineation. The motion was seconded by Commissioner Hunton and passed unanimously.


DOCUMENT LIST:Mandatory Pre-filing Checklist, WPA Form 4A – Abbreviated Notice of Resource Area Delineation, NOI Wetland Fee Transmittal Form, Ipswich Wetlands Protection By-law Filing Fee Calculation Worksheet, Plan entitled "Plan of Land" dated 2/13/17, prepared by Civil Environmental Consultants, Legal Ad and Locus Map, Notification of Abutters, Abutters List, Affidavit of Service and Delineation documents.

New Notices of Intent, Minor Modifications and Formal Amendments:

MATTER: 36-1214 (Boardwalk): Request for a Minor Modification for work at 259 Argilla Road, Pirie – forthe after-the-fact approval of steps and stepping stones in jurisdictional areas.

DISCUSSION: There was no one present for this matter. This matter was discussed earlier under the COCs. Thiscannot be approved because the OOC had expired. Agent Geilen recommended they file a new NOI for after-the-fact approval of unauthorized structures to stay, restoration work and remaining planting of SWM pond.




MOTION: N/A


DOCUMENT LIST:Request for Minor Modification Letter dated 6/21/17, prepared by DeRosa Environmental Inc., Ipswich Wetlands Protection By-law Filing Fee Calculation Worksheet, Proposed Site Plan entitled "Figure 1, Location of Steps and Stone Walkway" prepared by DeRosa Environmental dated 6/20/17 (rendered from original plan by Graham Associates).

MATTER: 36-1305: Arthur Dioli, Jr. for work at 43 River Road shown on Tax Map: 24C Lot: 069-14 for a FORMAL AMENDMENT to an existing Order of Conditions (DEP File #36-1305) to remove and replace the existing foundation as needed, in jurisdictional areas.

DISCUSSION: Present was Larry Graham of H.L. Graham Associates, Inc. Mr. Graham gave a review of thematter. He stated that ICC approved the minor modifications around the footprint of the house. However, thenthey realized some of the foundation needed to be replaced and were looking for a Formal Amendment to allowthem to replace the foundation. Agent Geilen stated that there was no revised date on the plan. She will put on theorder the date received. Agent Geilen had prepared amended Special Conditions. A building pre-constructionmeeting was added in the new standard special conditions for new foundation. The as-built plan needs to besubmitted. No new waivers.

RECOMMENDATION OF AGENT:Close the public hearing and issue a Positive amended OOC with Special Conditions.MOTION:


♦ A motion was made by Commissioner Carney-Feldman to issue a Positive amended OOC with Special Conditions. The motion was seconded by Commissioner Hunton and passed unanimously.


DOCUMENT LIST:Request for Formal Amendment, Ipswich Wetlands Protection By-law Filing Fee Calculation Worksheet, Legal Ad and Locus Map, Notification of Abutters, Abutters List, Affidavit of Service and Email Correspondence Re: Abutter's Comments dated 6/29/17, between Renee Loth and Agent Geilen.

Ongoing Notices of Intent, Minor Modifications and Formal Amendments:

MATTER: 36-1341: Foote Brothers Inc. and Foote Realty Trust for work at 230 Topsfield Road shown on Tax Map: 62, Lot: 003 for a NOTICE OF INTENT to install a new fish passage ladder, complete maintenance of the Willowdale Dam and its abutments, and the install a new access ramp and floats in jurisdictional areas. Continued from June 7, 2017.

DISCUSSION: Present was Mike DeRosa of DeRosa Environmental Consulting Inc. requesting continuance.Commissioner Carney-Feldman asked if the town of Hamilton was going to fix the other side of the fish ladder.Mr. DeRosa stated that they were. Commissioner Paulitz asked about Special Condition #56 regarding stockpiling.Mr. DeRosa stated that they could have a condition that says to remove the same day. Mr. DeRosa stated that itwould be nice to have a staging area. Commissioner Paulitz asked if there was any need for a dumpster. Mr.DeRosa state there would be no need for one.


♦ A motion was made by Commissioner Paulitz to continue to July 19, 2017. The motion was seconded by Acting Vice-Chair O’Neill and passed unanimously.




DOCUMENT LIST:Letter Re: Willowdale Dam Maintenance, Fish Ladder, Access Ramp and Floats dated 6/23/17, prepared by Division of Fish and Wildlife

MATTER: 36-1318: Essex County Trail Association for work at Willowdale State Forest shown on Tax Map: 28C, Lot: 1 for a NOTICE OF INTENT for management plan approval for culvert replacement in jurisdictional areas. Continued from June 21, 2017.

DISCUSSION: Present was Mike DeRosa of DeRosa Environmental Consulting Inc. and Carol Lloyd fromECTA. Mr. DeRosa presented stating that they revised the plans as the Commission had asked. CommissionerPaulitz asked about TEC. Mr. DeRosa stated they will do it in the dry season, all in one day, so no TEC is needed.Commissioner Paulitz asked about Special Condition #47 regarding stabilization of soils. Mr. DeRosa stated theywill be using hay mulch.

RECOMMENDATION OF AGENT:Approve waivers as requested, close the public hearing and issue a Positive OOC with Special Conditions as amended. MOTION:

♦ A motion was made by Commissioner Paulitz to approve the NDZ/NBZ waiver request. The motion was seconded by Commissioner Carney-Feldman and passed unanimously.

♦ A motion was made by Commissioner Paulitz to close the public hearing. The motion was seconded by Commissioner Carney-Feldman and passed unanimously.

♦ A motion was made by Commissioner Hunton to issue a Positive OOC with Special Conditions as amended. The motion was seconded by Commissioner Carney-Feldman and passed unanimously.


DOCUMENT LIST:Plan entitled "Culvert Location No. 5 (Causeway)" dated 6/28/17, prepared by DeRosa Environmental Inc., Plan entitled "Culvert Location No. 8 and No. 11" dated 6/28/17, prepared by DeRosa Environmental Inc. and Plan entitled "Figure 2a. Revised Project Elements Plan" dated 6/28/17, prepared by DeRosa Environmental Inc.

MATTER: 36-1342: S&K Homes, LLC for work at 3 Willowdale Circle shown on Tax Map: 26, Lot: 43 for aNOTICE OF INTENT to construct a single family dwelling in jurisdictional areas. Continued from June 21, 2017

DISCUSSION: Present was Larry Graham of H.L. Graham Associates, Inc. Mr. Graham gave a review of thematter. This was continued for minor modifications to the plan. One change was to decrease the width of the stoneapron, so they reduced from 3’ to 2’. They also added a note to the plan (#7 in upper right corner of plan) that acommon irrigation system, connected to a private irrigation well, owned and operated by the homeowner’sassociation, will be installed at each unit. No irrigation shall be installed within 50’ of the wetland (No-DisturbZone.) This will be on all plans going forward. Commissioner Paulitz requested to revise Special Condition #47regarding overflow pipe. Agent Geilen will revise. [Discussed: placement of sprinkler heads/not a structure.]

RECOMMENDATION OF AGENT:Close the public hearing and issue a Positive OOC with Special Conditions.MOTION:


♦ A motion was made by Commissioner Carney-Feldman to issue a Positive OOC with Special Conditions as revised. The motion was seconded by Commissioner Hunton and passed unanimously.



ACTION ITEMS / SPECIAL INSTRUCTIONS: Revise Special Condition #47.

DOCUMENT LIST:Plan entitled "Plan to Accompany a Notice of Intent Filing" dated 6/17/17, prepared by Graham Associates, Inc.

MATTER: 36-1343: Stephen King for work at 208 Argilla Road shown on Tax Map: 44, Lot: 010 for a NOTICE OF INTENT to construct an accessory building to an existing single-family house with associated driveway, grading and utilities & landscape walls, steps and grading in jurisdictional areas. Continued from June 21, 2017.

DISCUSSION: Present was Larry Graham of H.L. Graham Associates, Inc., Stephen and Ashley King andMaryann Malarkey of Alberts Malarkey Land Design. Mr. Graham wanted to update the Commission in respect tothe EO and to clarify and get direction on plantings. He explained that since the last meeting they installed a siltfence and the area is well protected now. Mr. Graham stated that once construction is to begin, the hay bale linewill have to be moved. [Discussion: highlighted yellow areas/restoration of those areas.] A few trees were takenout and Mr. Graham recommended 1:1 restoration. Agent Geilen agreed with the 1:1 ratio. She recommendedshrubs in the area in the NDZ. Acting Chairman ffolliott agreed. Ms. Malarkey asked the Commission about 1:1ratio. Agent Geilen explained that for every tree removed you put one back. [Discussion: types oftrees/shrubs/bush.] ICC agreed with the list. Mr. Graham stated that he will add to the plan the subzones notincluded. Agent Geilen will do a site visit and let them know of any flag changes. Mr. Graham stated that therevised plans will be in for next meeting.


♦ A motion was made by Commissioner Carney-Feldman to continue to July 19, 2017. The motion was seconded by Commissioner Paulitz and passed unanimously.



Enforcement Matters:

MATTER: 60 Candlewood Drive, Donovan. Unauthorized widening of an access way, filling of wetlands, and stream bed impacts. Continued from June 7, 2017.

DISCUSSION: Present was Attorney Greg McGregor, from McGregor & Legere Attorneys at Law, and HughCollins representing John Donovan. Atty. McGregor presented. He stated that Mr. Donovan hired the law firm andthey had full authority to come to an agreement with the Commission. They were hoping that the EO could besettled on terms ICC required. Acting Chairman ffolliott stated that they were there to talk about the restoration plan.Mr. Collins, a landscape designer, prepared the restoration plan. They discussed the culvert replacement. Theystopped activity and had since placed hay bales on either side of the ditch. They were looking to ICC to know howto clean up and finish the project. The disturbed area had grown back in since they ceased activity. They wanted tohear from the Commission about what they needed to do.

Proposed: Agent Recommendations:

A. Reduce to a 10’ clamshell road and stabilizethe roadsides with native upland seed mix.

After conferring with Town Counsel, he recommendedallowing the 10’ wide clamshell road as long as the otherrestoration requirements are as detailed below:

B. “Restore” the bank by re-grading to a max A shallower slope will be more stable. Approve grading



of 3:1 and seeding with native seed mix. change but also plant native shrubs 5’ on center to replacethose lost.

C. “Restore” the stream bed by addingboulders to bring up the stream bed to theoutlet invert elevation and “blend” to theexisting stream bed over 20 linear feet.

This is not “restoration”. The culvert outlet invert is toohigh, but ICC said they should reposition the culvert.Reposition culvert properly or add a few boulders right atthe outlet (over ~3’ not 20’)

D. Seed the filled wetland area (“stockpilearea”).

This is BVW fill. It should be removed and the areaseeded with native wetland seed mix.

The roadway location and all restoration areas should besurvey located and staked in the field, and approved byInspector Decie or Agent Geilen, prior to implementationof the restoration work. Also, erosion controls are notshown on the plan, and are needed; seed mix specificationsare not included; and the restoration work must beoverseen by a wetland scientist. Recommend continuing to7/19/17 for the above.

Atty. McGregor said in reference to “D”, they could pull that out and reseed. Agent Geilen stated that a wetlandscientist was needed to determine what is recent fill and what is old fill. She believes that it is mostly fresh fill in thewetlands. Atty. McGregor asked what they wanted pulled out. Agent Geilen stated she did not want to lead chargeof the restoration, she would look to a wetland scientist to recommend how to do the restoration. She stated thattypically the applicant hires a wetland scientist, and it is not her job to design the restoration, but to comment on it.Atty. McGregor stated that they were trying to avoid hiring scientist for what they are going to do anyway. AgentGeilen stated that she could not recommend approval of a plan that is not prepared by a wetland scientist. She statedthat they need an expert, and that the expert has to be a qualified wetland scientist. Acting Chairman ffolliott statedthat this plan does not show enough. Atty. McGregor talked of suing the Commission if they are not willing to meetthem half-way on ideas for restoration plans. Commissioner Carney-Feldman stated that ICC looks at restorationplans ahead of time and give ideas, but the applicants all come with a plan. Commissioner Paulitz stated that wasthe point of the problem, which was how to determine the limit of the fill. Agent Geilen had assumed the restorationplan would be written (a narrative) stating where fill is located and how it would be removed, kin addition to thesketch plan submitted. She is convinced there is new fill in wetlands, and if his client says there is not, it is up to theclient to prove it. Atty. McGregor stated that ICC issued the EO, which meant they found fill. He asked where itwas. Agent Geilen stated it was in area A. She reiterated that the vast majority of the fill was new. Mr. Collinsasked since when. Agent Geilen stated, since the beginning of the project this year. Agent Geilen stated that sincethe applicant was disputing it, they need a wetland scientist to agree or disagree. Atty. McGregor recommendedICC do a site visit to confirm. Agent Geilen stated she will reach out to Town Council and see what he says. Thatwas all for item “D”.

Next discussed was item “B”. Atty. McGregor wanted clarification of grade change. Agent Geilen thought it wouldbe appropriate. Mr. Collins recommended a 3:1 slope. Agent Geilen said it was not stated how many shrubs shouldbe installed or their sizes. Mr. Collins stated they could accommodate with 3-5 shrubs. Agent Geilen asked if thegrading change to get to 3:1 would be only in the areas that were disturbed, and recommended the bank be seededwith native seed mix and covered with an erosion control blanket under the shrubs. [Discussion: Identification ofArea B/land surveyor/not required/show square footage not just hatch marks/need square footage.] [Discussion:Encourage wetland scientist/client does not agree that ICC has jurisdiction over site/what is legally exempt.]Commissioner Hunton suggested the applicant submit another revised plan with more specifics so ICC can look at itagain. Commissioner Carney-Feldman stressed that using a wetland scientist would do this more accurately. Atty.McGregor stated that his client was disputing the need to do this at all and they were trying to prevent unnecessarylegal steps.

Agent Geilen asked to go through the rest of the recommendations.



Item “A”: Acting Vice-Chair O’Neill stated he did not want trees cut. Mr. Collins stated the plan shows a 10-foot-wide clamshell road. Agent Geilen was asking ICC to accept what Mr. Collins proposed (10’ wide road, as opposedto the previously discussed 8’ wide road). However, she added there could be no new cutting of trees to accomplishthis. She wanted to make sure they know to not clear any trees. Agent Geilen also asked for seed mix specifications.

Item “C”: Mr. Collins discussed bringing the slope up and stabilize with boulders and rocks. Agent Geilen stated itwas only a 4” drop, so they don’t need 20’ of stream bed to reach the natural grade. Agent Geilen stated that 3’ wasmore than sufficient. Atty. McGregor suggested they could reposition the culvert or add boulders. Agent Geilenstated that the initial EO required repositioning, so she gave ICC an alternative. Agent Geilen stated she would likemore detail of rock sizes that mimic natural substrate and that she needs detail specifics. Mr. Collins stated that hehad consulted with Bill Manuell to create river bed and that Mr. Manuell had recommended using coarse gravel.Agent Geilen stated they still need specifics. [Discussion: flat boulders/washed river stone as opposed toboulders/need specific rock type and size/ICC okay with 10 feet.]

Atty. McGregor proposed a letter stating what they agreed on. He wanted to include it all in a single writing in anemail. He wanted to reserve his clients’ “reservation of rights” since his client does not agree with the original EO.He wanted to see an end to the EO. Agent Geilen explained that once the restoration was done and 2 growingseasons passed, and they have a monitoring report showing over 75% of plants have survived, then the Commissioncould vote to lift EO. Atty. McGregor asked the Commission to suspend the EO and use a written agreement. Atty.McGregor gave an example of a consent order in court involving an EO. He was looking for a statement by theCommission on what they intend to do. He wanted to know how to address the interest that there will be an end by awithdrawal of EO. Commissioner Hunton stated that if they are filing law suit, they could sustain it for the timeperiod of the growing season. Atty. McGregor asked for how long. Acting Chairman ffolliott said for 2 growingseasons. Agent Geilen stated that if the plants go in fall, the next season would be the first season. She also statedthat what they send via email could not be discussed until the next meeting. She said she could distribute it, butcould not discuss it because of the open meeting law.

In the audience was an abutter, Dr. Ertha and asked if the abutters will they see the documents. Agent Geilen statedthat yes, they would. Dr. Ertha said there are a lot of concerns as to what was done so far and the impact on thestream. Agent Geilen encouraged anyone to submit comments and she would provide them to ICC and Mr.Donovan’s team. Dr. Ertha was concerned about fill smothering trees and affecting the stream. Agent Geilen statedshe would need comments to be submitted by July 12th for the next meeting.


♦ A motion was made by Commissioner Carney-Feldman to continue to July 19, 2017. The motion was seconded by Commissioner Hunton and passed unanimously.


DOCUMENT LIST:Plan entitled "Right of Way Restoration Plan" dated 5/16/17, prepared by Landscape Design Group, LLC and Letter Re: Enforcement Order dated 6/21/17, prepared by Hugh J. Collins, Trustee, Essex Land Realty Trust.

Other Business:

This matter was taken out of order:

MATTER: 36-1253: 27 Water Street, Riverine LLC. Request approval of new 21e Work Plan. Continued from June 21, 2017.

DISCUSSION: There was no one present for this matter. Agent Geilen presented. She spoke with the peerreviewer. He could do rest the of the work and his price was more reasonable. She recommended ICC accept thenew peer reviewer.



RECOMMENDATION OF AGENT:Approve new peer reviewer.MOTION:

♦ A motion was made by Commissioner Carney-Feldman to approve the peer reviewer. The motion was seconded by Commissioner Hunton and passed unanimously.


DOCUMENT LIST:Email Re: Peer Review Proposal dated 6/28/17, prepared by Jim Young of Cooperstown Environmental, Letter entitled "Massachusetts Contingency Plan Peer Review" dated 6/28/17, prepared by Jim Young of Cooperstown Environmental and Resume of James S. Young of Cooperstown Environmental.

This matter was taken out of order:

MATTER: 36-1166: Extension Request for 91 Old Right Road, ffolliott, for a one-year extension.

DISCUSSION: Acting Chairman ffolliott recused herself. (Acting Chairman O’Neill/Acting Vice-ChairCarney-Feldman.) Present was Sissy ffolliott. She stated that she was in the last year of her 5-year OOC andneeded more time. Unfortunately, the gypsy moths hit her place. There are improvements, but she would like atleast a 1-year extension to see how the plantings do. Agent Geilen stated that this was her first extension request.ICC agreed.

RECOMMENDATION OF AGENT:Approve 1-year extension.MOTION:

♦ A motion was made by Commissioner Carney-Feldman to approve the 1-year extension. The motion was seconded by Commissioner Paulitz and passed unanimously.


DOCUMENT LIST:Extension request letter dated 6/15/17, prepared by Mary B. ffolliott.

MATTER: Little Neck Condominium Association: Stormwater Management update, boats stored on dunes, andtrash on beach. Continued from 6/21/17.

DISCUSSION: There was no one present for this matter and Agent Geilen stated it was not supposed to be on theagenda. She stated they had a new engineer on the project whose wife had a baby so they just needed more time.just taking time. Mistake on agenda, so continue.

RECOMMENDATION OF AGENT:Continue to September 6, 2017.MOTION:

♦ A motion was made by Commissioner Carney-Feldman to continue to September 6, 2017. The motion was seconded by Acting Vice-Chair O’Neill and passed unanimously.


DOCUMENT LIST:None.



Tabled Matters and Discussion Items:

Interim Reports of Special Project Subcommittees - None

Approval of Minutes: None

♦ N/A

Executive Session: To discuss pending litigation related to 36-1340, 108 Jeffreys Neck Road.

(Note: Commissioner Hunton recused herself from the Executive Session, and left the room for the duration of the meeting.)

♦ A motion was made at 10:06 p.m. by Acting Vice-Chair O’Neill to go into Executive Session. The motion was seconded by Commissioner Carney-Feldman and passed unanimously.

♦ A motion was made at 10:22 p.m. by Commissioner Carney-Feldman to return to the Regular Session. The motion was seconded by Acting Vice-Chair O’Neill and passed unanimously.

Document Signage: (No Vote Required)

36-1334: 64 Paradise Road, Miles River Sand and Gravel. OOC approved on June 21, 2017.

Adjournment:

♦ A motion was made by Commissioner Carney-Feldman to adjourn at 10:23 pm. The motion was seconded by Commissioner Paulitz and passed unanimously.

Respectfully submitted,

Cathy MiaskiewiczRecording Secretary

These minutes are the summary of a taped meeting and of secretarial notes. As such, the Ipswich Conservation Commission reserves the right to supplement these minutes with tapes and vice versa, to reflect the proceedings. The

Ipswich Conservation Commission does not guarantee the quality of the tapes, nor does it exclusively rely upon them.

Documents

Distributed: 9/12/17 Approved: 9/6/17 - Ipswich, MA