Conservation Commission, March 2, 2016
HOLDEN CONSERVATION COMMISSION
1130 MAIN STREET
MARCH 2, 2016
Members Present: Robert Lowell, Anthony Costello, Luke Boucher, Kenneth Strom, Mike Scott
Members Absent: Matt Kennedy, Mike Krikonis,
Others Present: Pam Harding, Conservation Agent, Liz Fotos, Recording Secretary
Others on Sign in: Alton Stone, Alton Engineering; Jill and Brad Erickson, Eagleville Realty LLC, Cle Blair, Stoney Brook Estates
R. Lowell called the meeting to order at 7:04PM. He stated that the Commission had a quorum for all agenda items.
DREDGING OF FIRE POND- TROUT BROOK FOREST- DEPARTMENT OF PUBLIC WORKS ENGINEERING
P. Harding told the Commission that there is a small pond along Manning Street on the Trout Brook property. She stated that years of sand and silt have accumulated in the pond and the Department of Public Works would like to dredge the water body to increase capacity. She stated DPW is asking for preliminary input from the Conservation Commission in order to do this. P. Harding showed the Commission the map.
R. Lowell stated that it used to be full; he stated that it flows out and goes to the culvert.
M. Scott asked if it went right to the street. P. Harding replied that she did not see anything that went under the street.
A Costello stated that he thought it drained to the other pond. P. Harding replied it did and showed them the direction it flowed in.
M. Scott stated that it looked as though it was manmade.
K. Strom stated that it was a Jewish Day Camp back in the day. He stated that the Town took it as imminent domain and they were going to put a dam in; he stated it used to be a swimming area.
R. Lowell stated it was manmade and not continuous; he stated the Commission would entertain a plan to dredge the pond but it would need to be engineered. He told P. Harding that if it was something they were interested in doing it to come up with a plan to present to the Commission. P. Harding replied she would let them know.
ORDER OF CONDITIONS- Review of Drainage- Stoney Brook Estates
C. Blair was present at the meeting. He told the Commission that he gave P. Harding some plans. He showed the Commission plans and stated that when the water got to a certain point the grade was so steep it was creating an issue. He stated what they wanted to do was have a level spreader at the bottom of the outlet to slow down the velocity of the flow. He stated the level spreader will be a 10% grade and it will sheet flow across the area again.
R. Lowell asked to what point it would do that; he asked if it would go to lot 33.
C. Blair replied it would go right to the end of the easement. He said the swale was always going to a certain point and now it will end up where it was going to end up before.
K. Strom asked what the topography was. C. Blair replied there was nothing flat there.
K. Strom replied it was going to make a channel at some point. C. Blair replied that his engineers calculated it out and by the time it hits a certain point it should sheet flow across the property at the same velocity. He stated that his engineers submitted it to Graves Engineering for a peer review.
R. Lowell asked if that was going to happen even with the rip rap. C. Blair replied it would slow it down.
P. Harding replied that half was rip rapped half was not. She stated that there was a ton of water than came out of that outlet and she is not certain that a level spreader is going to be the solution to the problem.
C. Blair showed the Commission where they owned until.
R. Lowell asked what kind of soil it was. C. Blair replied it was gravelly B soil.
R. Lowell stated that they couldn’t tell him what to do if he didn’t own the property. C. Blair replied that they feel confident that this solution will work and slow it down so pre and post will be just about the same.
L. Boucher stated that the calculations were cubic feet / second. He stated it will all be in one spot now.
P. Harding replied that it was wearing a channel out.
M. Scott asked if there was a channel that continued down slope.
P. Harding replied that she has video and pictures. She showed the Commission where it came out. She showed the Commission where the rip rap ended and she stated at the low point it goes through woods and back to the wetlands.
L. Boucher stated that if you put a level spreader there that it will help initially but eventually it will carve a new path it will not sheet flow over the property.
R. Lowell asked if there was any way to resolve the matter on the property outside what they (C. Blair) owned.
C. Blair replied that the owner said he would try but they called him a week later and they will not allow the developer to. He stated they asked him (property owner) if the developer could put a pipe in and send it to a detention pond in order to eliminate the water.
L. Boucher replied that would cause a different issue.
R. Lowell stated if they were able to resolve the issue on their own property it would be better.
C. Blair asked the Commission to have an open mind and see what Graves Engineering says; he stated that his engineer is very confident that the design they came up with will work.
R. Lowell asked how big the rip rap was.
C. Blair replied it was 12” he stated it was steep so it just picked up so much speed like a water fall. He stated the level spreader was going to be 10%.
L. Boucher stated that the good thing about the level spreader is that it will slow the water down. M. Scott agreed.
K. Strom asked P. Harding if it was a low point.
P. Harding replied it was the low point in terms of the subdivision.
R. Lowell asked P. Harding if Graves Engineering was in the process of reviewing the plans. P. Harding confirmed they were.
A Costello stated that the property was all fairly dense woodland before construction. He stated a lot of the tree growth was probably doing the diversion before.
K Strom asked if they were able to go out and see it. P. Harding replied that there is an open order so the Commission was able to walk it but to stay within the easement.
C. Blair stated that the property owner (K. Prachniak) did say that they could go on his land.
R. Lowell asked P. Harding when she thought they would have the review back.
P. Harding stated that the Planning Board wants the information before the March 22, 2016 Planning Board meeting and they also want resolution by then. She stated hopefully she will have a report for the Commission shortly.
R. Lowell stated this matter would be heard again on April 6, 2016.
NOTICE OF INTENT- Greenwood Estates- Jackson Woods Investments, LLC Union Street- Assessing Map and Parcels 132-95, 132-80, and 148-47
Clea Blair was present at the Conservation Commission Meeting.
P. Harding stated that she wanted to avoid getting into too much discussion because she did not want to have anyone else miss a hearing.
R. Lowell asked if it needed a peer review. P. Harding replied that it did and she asked the Board who they were comfortable using.
K. Strom asked if anyone had a history on this property. P. Harding replied no one did. She stated that EcoTech reviewed the ANRAD for it but that was it.
M. Scott asked if anyone was looking at the plans for the Town.
P. Harding replied that I McCauley was looking for the Town but no one is peer reviewing it.
R. Lowell opened up the matter for Conservation
K. Strom stated that he didn’t see a lot of changes on his plans; he stated it looked like the same set.
C. Blair replied that the grades were completely different and all the lots were graded and there was no longer an underground system.
The Commission determined that they did not have a copy of the updated plans. C. Blair apologized for not having the correct plans to the Commission.
L. Boucher stated there were some lots with rip rap on the roadway; he asked what the access walls were. C. Blair replied 1:1.
L. Boucher said where the driveway was; it looked like a wall. C. Blair replied that where the green is on the plans was where the trees were saved. He stated the biggest fill is where you come in and enter the area. He showed the Commission the location.
C. Blair stated that they re-graded the roads to 8FT, and all in the lots, none in the right of way. He stated it was all rock, not block walls. He stated he had some pictures of the area as well.
K. Strom asked if the garages were under the homes. C. Blair stated that they were mostly an elevated family room and most had garages under. He stated it was what they sold the most of. C. Blair added that there were 2 FT contours like the Commission wanted.
C. Blair stated that he would email the plans March 3, 2016 for the Commissions review; he apologized again for the Commission not having the corrected copies.
R. Lowell asked P. Harding about the peer review. P. Harding stated that she was comfortable with either firm (Graves Engineering or Quinn Engineering).
Motion by M. Scott, seconded by K. Strom, it was UNANIMOUSLY VOTED TO APPROVE QUINN ENGINEERING FOR THE PEER REVIEW FOR CONSERVATION MATTERS FOR GREENWOOD ESTATES, JACKSON WOODS INVESTMENT, LLC.
NOTICE OF INTENT- Rondeau Road- Lot 4B and 4C- Eagleville Realty-Construction of two single family homes Buffer and Riverfront Area
P. Harding read the public hearing notice into record.
Brad and Jill Erickson, Eagleville Realty LLC and Alton Stone, Alton Engineering were present at the meeting.
R. Lowell asked if these lots had been before the Commission previously. P. Harding replied they had for a soil removal permit.
A. Stone stated that the applicant filed two Notice of Intents; lot 4B included construction of a single family home within the buffer zone and lot 4C has grading within the Riverfront Area. There is one plan which includes the work for both lots.
R. Lowell asked about the wetlands.
A Stone replied that he went out and reflagged the lot. He stated that there was no change to the wetland boundary. He stated to the North is Oak and Pine and a cane deposit. He stated the soil was sand and gravel and as you get to the wetlands it red maples, wooded swamp and cattail.
R. Lowell asked it they were connected to sewer on Main Street. A. Stone confirmed they were.
K. Strom asked about the septic that they had designed last time. P. Harding stated it was on an abutting lot.
A Stone stated they changed that one to a 50FT wide tail so that it could take the sewer line and go out to the sewer because that was a better solution with the wetlands.
K. Strom asked if they couldn’t do that for the easement. P. Harding replied that the Town would not allow it.
A Stone stated that 50FT was the minimum width for frontage on the road so they moved it over.
P. Harding stated that minimum width with two side lot lines is 50FT. She stated that DPW does not allow easements for sewer service.
M. Scott asked if lot 4C was going to be a septic at one point in time.
A Stone confirmed it was but it was solved with sewer and they thought it was a better solution. He stated the submittal was with MASS GIS and there was not endangered species habitat there either.
R. Lowell asked about the back yard. A. Stone replied that they were doing minimum grading to minimize the disturbance because it is a nice woodland area. He stated they have the buffer zone and 200FT setback from the riverfront and watershed protection zone so they were trying to minimize the grading and disturbance.
L. Boucher asked if their intention was to clear up to the erosion control line.
A Stone replied they were trying not to do that.
R. Lowell opened the discussion up for public comment; no members of the public stepped forward.
M. Scott asked if the house had been built. P. Harding replied that there was a certificate of compliance issued about two months ago.
K. Strom asked what the road was. B. Erickson replied it was grindings/ gravel.
R. Lowell asked the Commission if they had any other considerations; nothing additional was added.
R. Lowell stated that they needed some sort of demarcation of stone wall or something along the edge of the buffer zone.
K. Strom replied they could use big stones.
The applicant asked where they wanted it.
R. Lowell replied somewhere along the erosion control line.
L. Boucher stated it was to prevent intrusion in the future; so people do not extend their lawn.
A Stone clarified that they wanted the 25 FT no disturb zone demarked.
L. Boucher replied if they were only clearing to the erosion control line; they could do it there.
R. Lowell stated that for the purpose of discussion; up to the no disturb zone, the same contour that is normally required is from 45FT as a minimum.
M. Scott stated up to flag 21.
R. Lowell stated where it is hitting the 25FT no disturb zone. L. Boucher stated that they did that because they didn’t want someone to come back later and clear past those lines. He stated they could edge it out with boulders to protect it for later.
K. Strom asked if they were tying to the water wells. B. Erickson replied they were.
Motion by K. Strom, seconded by M. Scott, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR NOTICE OF INTENT RONDEAU ROAD-LOT 4BAND 4C- EAGLEVILLE REALTY-CONSTRUCTION OF TWO SINGLE FAMILY HOMES BUFFER AND RIVERFRONT AREA.
The Board discussed the order of conditions for the lots.
Motion by L. Boucher, seconded by M. Scott, it was UNANIMOUSLY VOTED TO ISSUE THE STANDARD ORDER OF CONDITIONS FOR LOT 4C RONDEAU ROAD- EAGLEVILLE REALTY WITH A REQUIRMENT FOR DEMARCATION FROM THE 25FT NO DISTRUB ZONE FROM WETLAND FLAG A 21 TO WETLAND FLAG A 32.
Motion by L. Boucher, seconded by K. Strom, it was UNANIMOUSLY VOTED TO ISSUE THE STANDARD ORDER OF CONDITIONS FOR LOT 4B RONDEAU ROAD- EAGLEVILLE REALTY.
CERTIFCATE OF COMPLIANCE Lot 2 Towle Drive DEP File #183-104
Motion by K. Strom, seconded by A. Costello, it was UNANIMOUSLY VOTED TO ISSUE THE CERTIFICATE OF COMPLIANCE FOR LOT 2 TOWLE DRIVE DEP FILE #183-104.
REVISED PLANS- DEP FILE #183-588 City of Worcester KENDAL RESERVOIR
P. Harding told the Commission that they City of Worcester applied to install an emergency stormwater rip rap swale off South Road. She stated the goal was to catch any oil spills. P. Harding stated that DCR made them revise the plans slightly and she did not think it warranted a new filing but she did want the Commission to see the changes that were made.
P. Harding showed the Commission the plans. She stated that they extended the rip rap and showed the Commission the changes.
L. Boucher stated that DCR wanted them to make it more of a level spreader rather than a channelized flow.
M. Scott stated that it looked the same on both sides.
K. Strom stated that he felt as though the changes were diminutive.
Motion by M. Scott, seconded by L. Boucher, it was UNANIMOUSLY VOTED THAT THE CHANGES MADE TO DEP FILE #183-588 CITY OF WORCESTER KENDAL RESERVOIR WERE DIMINUTIVE AND DO NOT REQUIRE REFILING.
M. Scott asked if it was the same people that did the original work. P. Harding replied she did not know as she has not been involved since they received their original order.
REVISED PLANS- DEP FILE #183-593 385 SALISBURY STREET- WINGSPAN PROPERTIES, LLC
P. Harding showed the Commission the plans. She stated that the applicant changed the house location a little and made the home slightly larger.
M. Scott stated that it looked more or less the same.
L. Boucher stated there was more grading. M. Scott stated it was still no closer to the wetlands.
L. Boucher asked if there was anything different with the driveway run off. P. Harding replied it was the same.
Motion by M. Scott, seconded by K. Strom, it was UNANIMOUSLY VOTED TO ACCEPT THE REVISED PLANS FOR DEP FILE #183-593, 385 SALISBURY STREET; WINGSPAN PROPERTIES AS MINOR AND INSIGNIFICANT AND ADD NO FURTHER CONDITIONS TO THE FILE.
OPEN SPACE AND RECRATION PLAN
P. Harding stated that the Town submitted a grant to Land and Water for Lot 5; she stated that part of the grant is that you need to approve open space and recreation and that the Town has trouble satisfying the public participation aspect of the filing. She stated that they need to work on this item pretty expeditiously in order to get the grant awarded.
R. Lowell asked how the Commission could help.
P. Harding replied that she was not sure; they had posted an online survey where they received a few responses and they also held public hearings that were not well attended.
M. Scott asked how it was noticed. P. Harding replied it was posted on the Town website, announced at the Board of Selectmen meetings, and written in the Landmark. She stated this was for the Commissions information and she would keep the Commission up to date.
APPROVAL OF MINUTES
Motion by K. Strom, seconded by A. Costello, it was VOTED TO APPROVE THE FEBRUARY 3, 2016 CONSERVATION COMMISSION MEETING MINUTES AS CORRECTED BY A VOTE OF 4-0-1 (M. Scott: abstain).
Motion by M. Scott, seconded by K. Strom, it was UNANIMOUSLY VOTED TO ADJOURN THE MARCH 2, 2016 CONSERVATION COMMISSION MEETING AT 8:15PM.
The March 2, 2016 Meeting minutes were approved on May 4, 2016
APPROVED: _____________