Conservation Commission, June 1, 2016
HOLDEN CONSERVATION COMMISSION
1130 MAIN STREET
June 1, 2016
Members Present: Mike Scott, Anthony Costello, Kenneth Strom, Luke Boucher
Members Absent: Mike Krikonis, Matt Kennedy, Rob Lowell
Others Present: Pam Harding, Conservation Agent, Liz Fotos, Recording Secretary
Others on Sign in: Andrew Baum, Summit Engineering; Mark Arnold, Goddard Consultants, llc, Isabel McCauley, Senior Civil Engineer, Town of Holden; George Kiritsty, Imad Zrein, Devellis Zrein LLC,
M. Scott called the meeting to order at 7:00PM
REQUEST FOR DETERMINATION OF APPLICABILITY- TOWN OF HOLDEN- Drainage Improvements to the Intersection of Princeton and Elmwood
M. Scott asked if this was the same matter that I. McCauley presented last month.
I McCauley replied that it was; she stated that the Town was still proposing three catch basins and pole and then a storm ceptor to provide more water quality and an existing outflow.
M. Scott stated that this was not a public hearing but if there was anyone from the public present he would allow them to speak; no members of the public stepped forward.
L. Boucher stated that he believed the question that was asked last month was if the Town needed an RDA and the Commission found that they did need to do one.
M. Scott asked about the erosion controls. I. McCauley replied that she has another plan that shows the erosion controls on the reservoir side and the corner where the wetland section is located. She stated that the town will use wattles.
M. Scott asked about the time of year the work would be completed. I. McCauley replied that it would be done in July or August in the drier periods. She stated that she believed they requested an RDA because the Town was proposing catch basins and structures that are not previously in existence. She said that it is to have a little more documentation however DPW is indicating in the RDA that they feel as though it is still under maintenance because they are doing improvements to the reservoir and the overall projects is proposing improvements.
K. Strom asked if the Town has spoken with the City of Worcester. I. McCauley replied that they had and they were going to provide the stormceptor; she stated it would be off to the side in a separate structure.
K. Strom asked who was going to maintain the structure. He stated that the Town did have a vacuum truck.
I McCauley replied that they did have one that is used for the sewers and that they do have the infrastructure to maintain it but that the City says that they will maintain it.
L. Boucher asked how frequently they will maintain it. K. Strom stated that it is critical to maintain these structures.
I McCauley replied that the City is at the location often and they are very happy with the improvements the Town is making and they want to contribute to the improvements.
Motion by L. Boucher, seconded by K. Strom, it was UNANIMOUSLY VOTED TO ISSUE A NEGATIVE DETERMINIATION FOR THE REQUEST FOR DETERMINATION OF APPLICABILITY- TOWN OF HOLDEN- DRAINAGE IMPROVEMNTS TO THE INTERSECTION OF PRINCETON OF ELWOOD WITH THE CONDITION THAT EROSION CONTROLS THAT WERE DISCUSSSED AT THE PREVIOUS HEARING WILL BE INSTALLED.
ORDER OF CONDITIONS- Review of Drainage- Stoney Brook Estates
M. Scott stated that there is not a quorum for the next two items on the agenda for Stoney Brook Estates and Greenwood Estates. He stated that the developer has requested a continuance to that meeting. The meeting will be held on June 29, 2016.
NOTICE OF INTENET- Greenwood Estates- DEP File #183-612 Jackson Woods Investments, LLC Union Street- Assessing Map and Parcels 132-95, 132-80, and 148-47
There is not a quorum for this agenda item and was continued to the June 29, 2016 Conservation Commission Meeting.
NOTICE OF INTENT- DEP FILE #183- Lot 7, 1055 Princeton Street and Lot 9 1051 Princeton Street- Construction of Single Family Homes- David Brunelle
Andrew Baum, Summit Engineering was present for the meeting.
A Baum stated that the last time they were at the meeting there was discussion of the flags and the fact that the property had been flagged some time ago. He stated that they had gone out and re- staked it and it was depicted on the plans. He stated they also staked the lot line and the house location. He said that to his knowledge they did not have any problems with that and they did find remnants on the ground from the old stake locations.
A Baum stated that the land was flagged by Julian Votruba, NE Environmental Designs.
P. Harding stated that she had questions on the location of flags 14- 17; She stated she didn’t understand why they were placed where they were.
M. Scott asked where they were on the plans. A. Baum showed the Commission the location of the flags.
M. Scott asked P. Harding what her concern on the flags were. P. Harding replied that she felt the flags were in the wetlands .
A Baum stated that they were staked per the plan. L. Boucher asked if they represented the flags from 2013.
M. Scott asked if the Commission ever confirmed the flags. P. Harding replied that they had never seen them. She stated that she didn’t know what was used to see that spot as the breaking point as there was not change in soil or vegetation. She stated that she didn’t know if the Commission wanted a site visit or to peer review the property.
M. Scott asked P. Harding if those were the only flags she had questions about. P. Harding replied that she saw those and stopped; she didn’t walk the whole line.
K. Strom asked if the Commission was going to review it or if they were going to have it peer reviewed.
M. Scott stated that the he thought the Commission should have a peer review on the wetland delineation. He stated that the work was done by Julian Votruba and asked if there were field notes available. He asked if the Commission picked someone tonight.
P. Harding replied that they allow three scientists to be submitted and then they pick from them.
M. Scott asked if Eco Tech was eligible. A. Baum replied that they did some work further up the road on behalf of David Brunelle.
M. Scott told A. Baum to submit a few options to P. Harding and they would continue the matter to the next meeting, June 29, 2016.
George Kiritsy was present at the meeting on behalf of David Brunelle. He stated that David Brunelle had asked him to form a letter with regards to the crossings. He stated that he had formed a short letter with a legal opinion regarding the crossing. He stated that he knew that it was reviewed by Eco Tech. He stated that when the work was done those fields were agricultural hay fields. G. Kiritsy stated that because they were hay fields there was no expansion of the geographic area and it was exempt under the
Wetlands Protection Act which said that improvement or replacement of a crossing is exempt use. G. Kiritsy presented the Commission with a letter addressing his opinion. He stated that he was happy to address any questions the Board may have.
P. Harding stated that D. Brunelle said that he had documentation that stated he was allowed to do that work.
G. Kiritsy replied that he (D. Brunelle) had spoken to certain people; an attorney and an engineer. He stated that he did have a foot note in his letter, it stated that because the land was agricultural it was exempt from access roads.
K. Strom replied that he thinks that the Commission felt that it was a substantial enlargement of the crossing.
M. Scott stated that they need more documentation on the matter. He stated that there were two pipes out there now and because of the intermittent stream it would be required to adhere to stream crossing standards.
G. Kiritsy replied that D. Brunelle said they were there before he owned the land.
M. Scott stated that the Commission would need more information.
NOTICE OF INTENT- 143 Quinapoxet Street- DEP File #183-SGG Land Trust- Construction of Single Family Home
P. Harding read the Public Hearing Notice into record.
Mark Arnold, Goddard Consultants, LLC was present at the meeting on behalf of SGG Land Trust. He handed the notification and receipts to P. Harding.
M. Arnold stated that this property was before the Commission in 2013 and an ORAD was issued. He stated that there was an ANR Plan completed. M. Arnold stated that the property used to have large frontage and it was reconfigured to have a more elongated shape. He stated that it does not meet the set back requirements and that the vegetative wetlands is mostly in the woods but there is a little portion that juts into the existing lawn that is not maintained. He showed the Commission the 25ft buffer along the edge of the clearing as well as the 100FT buffer.
M. Arnold stated that the proposed project was to raze the existing dwelling and construct a new single family home that would fit the zoning requirements for setback. He stated that they were proposing to build the house and shift it slightly away from the edge of the buffer zone.
M. Arnold stated that the existing clearing line is staying the same except for one spot where there is minor clearing. He stated that the rest of the work was following the tree line. He stated that there was a small deviation for a foundation drain in order to daylight the pipe and that the proposed driveway would sit over the existing home. He stated that the driveway shifts as does the house in order for it to meet zoning bylaws and to have it more centered in the clearing as it currently resides.
M. Scott asked if P. Harding walked the site. P. Harding replied that she did not walk it this time.
M. Scott asked when it was walked. P. Harding replied around 2013.
M. Arnold stated that nothing had really changed. P. Harding replied that the ORAD was still valid.
P. Harding asked if the reason they didn’t move it over was because of the public water and sewer.
M. Arnold replied that they wanted to minimize disturbance and to tap into the existing utilities of the house.
M. Scott asked about the soils on the lot and if there was a roof recharge system.
M. Arnold replied that he was not up to speed on the soil or the solar maps.
K. Strom asked about the sump pump. M. Arnold replied that he did not know details about it but that it was pretty old.
A Baum, Summit Engineering was present. He stated that there was a lot of water coming through that wall currently; he stated that it was pretty damp.
M. Scott asked if the would be doing a walk out basement for the new single family. M. Arnold stated that it would be a walk out in the back; he said that the basement elevation was 735.
M. Scott asked about the soils and roof recharge. A. Baum replied that coming off the back hill he didn’t know how much he would adapt for roof recharge based on how wet it was. He stated that he believed there was a break in the soils at the road line.
L. Boucher stated that he didn’t believe it would work because you needed to assume seasonal high groundwater at the wetland elevation. He stated that he did not remember flags 16, 17, & 18 past the clearing.
M. Arnold replied that it was hard to tell; they were in the lawn a little bit.
L. Boucher asked about demarcation.
K. Strom stated that the Commission has a standing policy that there is demarcation at the 25 FT buffer zone. L. Boucher stated that they would probably request that large boulders be placed there.
M. Arnold replied that the plan was to maintain it and that the applicant would be fine with having the buffer zone marked with some sort of barrier.
L. Boucher stated that the condition is usually extended to the 25FT Buffer.
A Costello stated that he was looking at the old floor plan; he said that there was an easement on the back of the lot.
M. Arnold replied that he believed it was part of the railroad.
M. Scott opened it up for public comment; no members of the public stepped forward.
M. Scott opened it up for comment from the Town and the Commission; no comments were made.
M. Arnold stated that DEP had no file number issued yet but that they were expecting it soon. P. Harding replied that it had been taking about a month to get the number and they will just hold the order until they receive the number from DEP.
L. Boucher stated that on the east side, as a note they were going to be doing some clearing. M. Arnold confirmed that they were.
L. Boucher stated that it all needed to be out of the 25FT buffer.
Motion by K. Strom, seconded by A. Costello, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR THE NOTICE OF INTENT- 1143 QUINAPOXET STREET-DEP FILE # 183- SGG LAND TRUST- CONSTRUCTION OF SINGLE FAMILY HOME
M. Scott suggested a motion with the standard order of conditions with demarcation on the 25FT buffer line. He stated that the Commission had allowed developers to make decisions in the field regarding how they would like to do that but they were most comfortable with large boulders as opposed to fences.
L. Boucher stated it could be along the buffer zone or along the existing tree line.
M. Arnold replied that was fine and was the developers plan.
M. Scott stated that the land looked fairly flat. M. Arnold agreed.
L. Boucher stated that the erosion control line should be extended on either side.
M. Scott asked if there was a reason that the line ran so far on the west side. M. Arnold replied that it was a safeguard to protect the tree line.
Motion by L. Boucher, seconded by K. Strom, it was UNANIMOUSLY VOTED TO ISSUE THE STANDARD ORDER OF CONDITIONS PLUS ADDITIONAL CONDITIONS FOR THE DEMARCATION AND EXTENTION OF THE EROSION CONTROL BARRIERS ON THE WEST SIDE OF THE PROPERTY FOR 143 QUINAPOXET STREET- DEP FILE # 183- SGG LAND TRUST- CONSTRUCTION OF SINGLE FAMILY HOME.
NOTICE OF INTENT- 243 MAIN STREET- YASER NAJJAR CONSTRUCTION OF SINGLE FAMLY HOME- RIVERFRONT
P. Harding read the public hearing notice into record.
Imad Zrein, Devellis Zrein, LLC was present at the meeting. He stated that they had the NOI before the Commission for a house that they working on. He stated that they were within the border of Poor Farm Brook and the riverfront is the whole lot. He stated that the lot was previously used as a gas station.
I Zrein stated that the old pump is still on the location in addition to the fact that there was a lot of pavement on the site itself. He stated that they were proposing to raze the existing home and remove the pavement up to the existing driveway and construct an L shaped driveway to a side garage. He stated that there is currently about 8000sq ft of paved area and they are proposing the new site to have about 2000sq ft so the would be eliminating about 6000 sq ft of impervious surface. He stated that there was an existing pool that would be demoed and they were picking up the roof drain. He stated that the wetland flags and river edge coincide with the steep slope so there is a distinct break in the slope and vegetative wetlands. He stated that the 25ft buffer was in that slope so it would be hard to demark with anything further.
I Zrein stated that the existing fence will be demoed and replaced for safety reasons as well as to stay out of that area. He stated that they would be doing all new connections for water to the street and into the sewer and back.
L. Boucher stated that it seemed logical to approve with the reduction of impervious area. He stated that with the steep slop demarcation was not really necessary. He asked where the existing fence lay.
I Zrein showed him.
M. Scott opened it up to public comment; no members of the public stepped forward.
Motion by K. Strom, seconded by L. Boucher, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR NOTICE OF INTENT-243 MAIN STREET- YASSER NAJJAR CONSTRUCTION OF SINGLE FAMILY HOME-RIVERFRONT
Motion by K. Strom, seconded by L. Boucher, it was UNANIMOUSLY VOTED TO ISSUE THE STANDARD ORDER OF CONDITTIONS MINUS THE REQUIREMENT FOR DEMARCATION AS THE SLOPE PROVIDED THAT FOR 243 MAIN STREET- YASSER NAJJAR CONSTRUCTION OF SINGLE FAMILY HOME- RIVERFRONT.
REQUEST FOR DETERMINATION OF APPLICABILITY Providence and Worcester Right of Way- Vegetation Management
P. Harding stated that she had nothing on this matter and the Commission left the matter open to address at future meetings.
REQUEST FOR AN EXTENSION OF TIME- 24 SHADY LANE
P. Harding stated that the developer asked for a year extension on the project.
M. Scott asked if it was just the one house. P. Harding confirmed that it was. She stated that they have the money and DPW was just doing the punch list. She stated that someone had bought the lots and that the Town has a bond for the subdivision. She stated that DPW is doing the punch list items for the road.
K. Strom asked if the work was being done by the Town. P. Harding stated that they had contacted Trap Rock for the paving and the pump station needed a bit of improvement as well.
M. Scott asked who was asking for the extension of time. P. Harding replied the owner of the lot; she said that someone bought all the lots and that is when the developer left.
M. Scott asked if there was any reason to not grant the extension of time. P. Harding replied there was not.
Motion by K. Strom, seconded by L. Boucher, it was UNANIMOUSLY VOTED TO GRANT THE EXTENSION OF TIME OF ONE YEAR TO 24 SHADY LANE.
REQUEST FOR CERTIFICATE OF COMPLIANCE- Wagner Meadows Subdivision- Casa Builders- DEP File #183-386
P. Harding told the Commission that the Town had accepted the street and the location where they did the replication did not take. She stated that they provided an update and everything else is completed. She stated that DPW had gone over the as builts and stormwater and everything else was signed off on.
Motion by K. Strom, seconded by A. Costello, it was UNANIMOUSLY VOTED TO ISSUE THE CERTIFICATE OF COMPLIANCE FOR WAGNER MEADOWS SUBDIVISION/ CASA BUILDERS – DEP FILE #183-386.
REQUEST FOR CERTIFICATE OF COMPLIANCE – The Seasons at Salisbury DEP File #183-316
P. Harding stated that they were still looking at the as builts for this.
REQUEST FOR CERTIFICATE OF COMPLIANCE- DEP File 183-576-30 Newell Road- Jardus/ Greenstone Realty, LLC
P. Harding stated that this should be okay however she wanted to do another inspection as the grass was not in yet.
REQUEST FOR CERTIFICATE OF COMPLIANCE- DEP File #183-481 500 Reservoir Street- Drawbridge/Greenstone Realty, LLC
P. Harding stated she was waiting on information on this but that it is sold and the owner just wants to close out the order.
RESIGNING OF CERTIFICATE OF COMPLIANCE-183-461 Sheffield Way Extension
P. Harding stated that the Commission had voted on the above matter but it was never recorded so they were requesting a new page.
APPROVAL OF MINUTES
Motion by L. Boucher, seconded by K. Strom, it was UNANIMSOULY VOTED TO APPROVE THE MAY 4, 2016 MEETING MINUTES AS CORRECTED.
K. Strom asked about the Open Space Meeting. P. Harding replied that it was pending.
Motion by M. Scott, seconded by L. Boucher, it was UNANIMOUSLY VOTED TO ADJOURN THE JUNE 6, 2016 CONSERVATION COMMISSION AT 8:05PM.
The June 1, 2016 meeting minutes were approved at the meeting of June 29, 2016.
APPROVED: __________________