Conservation Commission, December 6, 2017
HOLDEN CONSERVATION COMMISSION
1130 MAIN STREET, SENIOR CENTER
December 6, 2017
Members Present: Rob Lowell, Michael Scott, Anthony Costello, Mike Krikonis, Ken Strom, David Nyman
Members Not Present: Luke Boucher
Others Present: Pam Harding, Director of Planning, Glenda Williamson, Conservation Agent, Liz Fotos, Town Secretary
R. Lowell called the meeting to order 7:06
NOTICE OF INTENT- Holden Youth Soccer League- 351 Bullard Street- 183-643 Assessing Maps 164, 150 Parcels 16 and 43. Patrick Healy, Thompson-Liston Assoc., Constructions of two new soccer fields, access driveways, parking, stormwater management facilities and grading within the buffer zone. (Cont. from November 1, 2017)
This matter was continued for lack of quorum.
NOTICE OF INTENT- Mill Pond Realty Trust- 1665 Main Street, 183-xxx
Assessing Map 100, Parcel 94. Julian Votruba, NEED, LLC. Rehabilitation of existing mill building to serve as residential units; infrastructure, and landscape improvements, within the 200ft Riverfront of Asnebumskit Brook (con’t from November 1, 2017)
Julian Votruba, New England Environmental Design was present at the meeting. He stated that since the last meeting they had a structural engineer do a site visit and recommend how to handle the piers. He stated that he submitted this information to the Town and what they were suggesting was while in demo to cut off the piers at the water level and leave them in. He stated it would be about a foot above grade. He stated that should answer all the questions from the Commission.
R. Lowell asked J. Votruba what they were doing with respect to the wall (shown in pink on the drawing).
J. Votruba replied that it was under the slab stone and ledge so they wanted to leave it.
P. Harding asked who cleared the brush.
J. Votruba replied he would assume it was White Oak.
P. Harding replied it seemed the clearing that occurred was more extensive then what was associated with the dam.
Leo McCabe, Mill Pond Trust stated that there were 45 conditions on the property from DCR regarding not polluting water supply and debris.
G. Williamson stated that the Town had given them a verbal when they were on site.
R. Lowell stated that there would be a lot of demo being done; he asked what was being done with the demo debris in order to keep it out of the water.
J. Votruba replied that they were going to try to peal it away and whatever pieces fall they would clean up at the end of the day and clean as they go. He stated they would take it piece by piece and they have an existing ramp there so they had access with machines so it should work out.
K. Strom stated there were large slopes for trucks to go down the ramp.
J. Votruba replied that they could be pushed or pulled.
K. Strom asked when they expected to do the work.
J. Votruba replied that they were hoping to do it this past fall but he will find out.
L. McCabe stated that they had applied for a building permit and they were working on finishing the inside.
P. Harding stated that if the draw down that was approved commenced in May, there would be a large flow out of the dam until August so they would not be able to do the work during that time frame.
R. Lowell stated the Commission would want to restrict the activity to not allow the work to be done in that time. He stated he wanted to be clear with the applicant to keep the demo debris out of the water.
P. Harding stated that they did not yet have a DEP number and it had been a few months. She stated they could not issue an order without it.
J. Votruba replied he needed to follow up.
R. Lowell asked if any member of the public had any questions or comments; no member of the public stepped forward.
L. McCabe asked if the Commission could vote without the number.
R. Lowell replied they could not. The matter was continued to the January Conservation Commission meeting.
REQUEST FOR CERTIFICATE OF COMPLIANCE- Stoney Brook Estates, 183-493 Subdivision, Assessing Map 184/171, Parcel 5/ 18 &22, 290 Reservoir Street, Clea Blair, (Cont. from November 1, 2017)
P. Harding stated that this was the subdivision approval for work being done in the buffer zone. She stated that the Commission had held up issuing the Certificate of Completion because the detention pond was not operating as a detention pond. She stated that they did submit revised calculations for a wet pond and it required placement of a steel pipe to retain water. She stated they did that and the hydrology mapping and it satisfied stormwater regulations.
K. Strom asked if as builts were completed.
P. Harding replied they were.
R. Lowell asked if the Commission had any questions; no members of the Commission had questions.
G. Williamson asked if there were any ongoing conditions.
R. Lowell asked about maintenance.
P. Harding replied they have the HOA recorded for annual maintenance and if they wanted they could make that part of the Certificate of Completion.
R. Lowell asked if the HOA was for the basin in question as well.
P. Harding confirmed they were. She stated there were three on site.
M. Scott stated that it was already a recorded doc with maintenance required through the HOA.
C. Blair replied it was on title.
P. Harding stated that there was an abutter present tonight about silt and hay bales; she stated that she thinks they have since been removed.
C. Blair replied that the work was unable to be completed but they would be back in the morning to finish.
R. Lowell opened it up for public comment.
Keith Prachniak, 462 Bailey Road was present at the meeting. He stated that this abuts his property and he feels a lot of work is not done and he is not convinced it will get done. He stated that the silt fence should have been removed three years ago. He stated that he had spoken to C. Blair a week earlier regarding a concrete bound marker and he clearly told Blair his concerns. He stated a week was plenty of time to pull out the fence. He stated that he has photos and he does not know why he cannot finish the work. He stated that it should have been done years ago. He stated that he emailed the photos to P. Harding.
K. Prachniak showed the Commission his photos. He stated there were over 50 stalks still standing on his property line.
R. Lowell asked about the debris.
K. Prachniak replied that the Commission could see where the silt fencing was removed. He stated that you can see where they cut it and it should have been removed two years ago. He stated that he understood some of these things seem petty but that some of the work should have been completed years ago. He stated that they had left trash on the property and there were stalks sticking out as well and C. Blair told him they were biodegradable.
C. Blair replied no one else had complained.
K. Prachniak replied that maybe he complained because he was threatened that Blair was going to flood is property.
C. Blair replied he did not threaten him.
R. Lowell stated that the Commission could not speak to non wetland issues but erosion controls should be removed and that they appreciated the observations. He told C. Blair that the fences needed to be removed.
C. Blair stated that he had gotten an email this morning and sent someone out this afternoon. He stated that they will take care of that.
K. Prachniak stated that there had been no change from Tuesday to tonight (Wednesday).
C. Blair disagreed.
R. Lowell stated that the Commission had acknowledged that Blair did not finish the work and asked him to complete the work.
C. Blair asked what happened regarding the Certificate of Compliance.
R. Lowell replied the Commission did not act on it because there was still work that needed to be completed.
G. Williamson stated that normally, she believe thought erosion controls could not come out until the Certificate of Compliance was issued. She sad that she did not see any reason the Commission could not issue one.
M. Scott stated that he thinks that it is typical and this could give the applicant incentive to get these items completed and come back in a month for the order.
C. Blair disagreed with the Commission; he stated that he was happy to remove them he thought they were all done.
R. Lowell replied this was a project that had been hanging around for some time.
C. Blair stated that this was trivial, minor things that needed to be taken care of and would in the morning. He state he did not find any reason why the Certification should not be issued and he had every intention to do the work.
R .Lowell asked the Commission for their opinion.
The Commission agreed with continuing the matter.
J. Votruba asked if these steps needed to be taken for every site from this point going forward.
G. Williamson replied it was on a case by case basis.
R. Lowell replied they had been waiting almost a year on this and it sounded as though they could have had it completed today. He stated that they had the month and he does not see the harm in this.
C. Blair asked what the impact would be regarding street acceptance.
P. Harding replied they had 120 days; until February 27, 2018. She stated it would not hold anything up. She told the Commission that C. Blair was concerned about the street acceptance because it was voted on during the Special Town Meeting. She stated he was worried that the Certificate of Compliance would hold up regarding the deed but that the Town has 120 days from the meeting to record it
C. Blair asked what happened to the plowing/ sanding of the streets.
P. Harding replied it was accepted.
C. Blair replied that it was fine; he could hold off another month for the Certificate.
The Commission continued the matter until the January Conservation Commission meeting.
AMENDED ORDER OF CONDITION- Wingspan- Lot 1 Fisher Road, 183-633
Proposed single family home, driveway crossing, replication area and associated grading. Scott Morrison, Eco-Tec, Inc.
Scott Morrison, Eco-Tec, Inc was present at the meeting. He stated that just as a follow up, they had renotified the abutters and that this was a request to amend the Order of Conditions for Lot 1. He stated that what they were proposing a new replication area of 1.5 to 1, they were also proposing a culvert pipe to keep the hydrology the same. He stated that they met with Bill George in the field and what they did was shift the driveway 10 feet from the lot line. He stated that they wanted to do that because there were some large oak trees that could remain if they made that shift. He stated that the front would be wooded and then they would have the replication area from the proposed driveway excavation and they would limit the disturbance to the buffer zone.
S. Morrison stated that there was a 28’ Oak that fell across the street and one that was hanging over so they would cut that down as well. He stated that was the only proposed tree work. He said that this would eliminate a portion of the driveway on the lot but that it would be shrinking the disturbance on the lot so the Commission said they did not need to amend the Order of Conditions for Lot 2.
S. Morrison stated that they also did replication area details in order to satisfy the minimal grading required. He stated it was relatively flat and the difference was about 6 inches.
R. Lowell asked if it was in contact with groundwater.
S. Morrison stated that it was barely wet. He stated the other thing to note was that rather than a block retaining wall, it was only up two feet so they were proposing stone berms and the utilities will wrap around. He stated this would limit the disturbance necessary.
R. Lowell asked if they discussed a barrier for the utility trench.
S. Morrison replied they had.
P. Harding asked if they requested a waiver for the 2:1 replication area.
S. Morrison replied they had it at 1.5:1. He stated that they could do 2:1 but the more they disturb the more they go into the natural buffer and they would be forced to clear more trees. He stated he thought that the 1:5 was reasonable but if the Commission wanted something different they could discuss that as well.
G. Williamson replied that she would rather the mature and established vegetation to stay.
R. Lowell asked if they needed to vote for the waiver.
P. Harding replied that they did not need to vote but that they should put it in writing.
R. Lowell asked how big the wooded area was.
S. Morrison replied that the impact area was about 1170sq feet.
G. Williamson stated that they reduced the impervious area because they took away the common driveway.
R. Lowell asked the Commission if they had any questions or comments.
K. Strom asked about the crossing.
S. Morrison replied that it was a few feet of 12” RCP pipe and boulders on each side to tighten up the impact area.
D. Nyman asked if they would use anything to help the materials from seeping out.
S. Morrison replied that the pavement will keep it from infiltrating and washing out.
D. Nyman asked if the fill was gravel.
S. Morrison confirmed it was.
D. Nyman asked if the material was free draining.
S. Morrison replied that as it moves down the soils get better and the water infiltrates and narrows down.
R. Lowell stated that the ground water was right at the surface. He asked if the Commission would do a waiver based on those measurements.
K. Strom asked if the 2:1 replication area was the Towns local bylaw.
P. Harding replied it was.
R. Lowell stated that unless anyone was opposed, they could approve the waiver request for a 1.5:1 replication area based on reduction of impervious and the intent to keep the large trees and buffer intact.
K Strom stated that for the record, there was not a reduction in impervious.
S. Morrison stated that it was required to be wider on the other lot. He stated that the did not do the calculations to determine the differences in impervious.
R. Lowell stated that they needed to make the argument that would justify the 1.5: 1 vs. the 2:1 replication area.
P. Harding suggested including it in the order.
G. Williamson asked if the work was going to begin in the spring of 2018.
S. Morrison replied that he was willing to do it sooner.
G. Williamson stated they would need yearly monitoring and photo documentation showing performance and permanent barrier at the 25ft no disturb that goes along the house.
D. Nyman asked if this was new or an existing order.
P. Harding stated that it was an amendment to an existing order. She stated he was eligible to participate.
S. Morrison stated that this project came before Conservation a year or two ago and the Conservation Commission approved it. He stated they then came and spoke to the Commission for a modification that they wished to make so the applicant re-filed the request so the Commission could formally review and approve the changes.
R. Lowell asked if there were any comments from the public; no members of the public stepped forward.
Motion by M. Scott, seconded by K. Strom, it was UNANIMOUSLY VOTED TO CLOSE THE AMENDED ORDER OF CONDITIONS FOR WINGSPAN LOT 1 FISHER ROAD, 183-633. SINGLE FAMILY HOME, DRIVEWAY CROSSING, REPLICATION AREA AND ASSOCATED GRADING.
S. Morrison stated he would follow up with the justification for 1.5:1 replication area versus the 2:1.
R. Lowell asked if this would result in a new Order of Condition for Lot 2.
G. Williamson replied it would not; just a note for the file.
K. Strom stated that his comment about the driveway would apply to this.
Motion by M. Scott, seconded by M. Krikonis, it was UNANIMOUSLY VOTED TO APPROVE THE AMENDED ORDER OF CONDITIONS FOR WINGSPAN LOT 1/ FISHER ROAD WITH THE SPECIAL CONDITIONS OF TRENCH DAMS/ GRADING, YEARLY MONITORING REPORT, PERMENANT BARRIER ADDED TO THE NO DISTURB LINE AND THE APPROVAL OF REDUCING THE DISTURBANCE TO SITE FROM 2:1 TO 1.5:1 BASED ON THE PRESENTATION TONIGHT AND THE RECEIPT OF WRITTEN JUSTIFICATION.
NOTICE OF INTENT- Worcester DPW- Kendall Reservoir Stormwater Improvements- 183-xxx. Assessing Map 182, Parcel 1- South Road (Rt. 31). Construction of two stormwater facilities, new catch basins, drain manholes and piping to convey flows.
Steve Chapman, Stantec, Worcester DPW was preset at the meeting. He stated that this was before the Commission in 2014 and in June 2014 they received an Order of Conditions but Worcester did not act on the project until recently and the order had expired so they were before the Commission for a new Order of Conditions for the project. He stated that if you read the filing, the original DCR raised concerns about the design that the stormwater was right to the reservoir. He stated that they proposed a rip rap to a swale to an intermittent stream and they constructed a level spreader at each outlet.
S. Chapman stated that this was a stormwater improvement on Rt 31 and all the stormwater directs the water into a large stormcepter to remove sediment and any petrol spills that occur. He stated that this was a water protection project to protect the reservoir as well.
S. Chapman stated that he had the new filing in addition to the last filing if the Commission had any questions.
R. Lowell asked about the modifications to the work since 2014.
S. Chapman stated that as he mentioned, they were issued the Order of Conditions and then they worked with DCR and they asked for the revised outlets. He stated they added the level spreader and the basins.
R. Lowell asked if there were two treatment units.
S. Chapman stated that it was one of each side of the reservoir and each has a sediment basin and level spreader. He stated the drainage system will be redirected with the pipes and go back to the stromceptors.
R. Lowell asked if the Commission had any questions.
K. Strom stated that it was pretty straight forward.
G. Williamson stated they did have a site visit.
R. Lowell asked what the construction time would be.
S. Chapman stated that they were aiming for next summer because they wanted to do it in low flow. He stated construction should take about two or three months.
R. Lowell asked if there were any members of the public that wished to step forward; no members of the public stepped forward.
Motion by M. Scott, seconded by K. Strom, it was UNANIMOUSLY VOTED TO CLOSE AND APPROVE THE NOTICE OF INTENT FOR WORCESTER DPW-KENDALL RESERVOIR STORMWATER IMPROVEMENTS- 183-XXX.
R. Lowell told S. Chapman that he would get the order out to him.
REQUEST FOR DTERMINATION OF APPLICABILITY – Holden DPW –Shrewsbury Street Water Main Cleaning and Lining Project. Cleaning and lining of approximately 4500 linear feet of existing water main within Shrewsbury Street from Main Street intersection east to the Doyle Road intersection. Tighe and Bond, Inc.
Ryan Mouradian, Water/ Sewer Superintendent was present at the meeting with Jeff Faulknar, Tighe and Bond and Melissa Coady, Tighe and Bond.
R. Mouradian stated that this was pertaining to the Shrewsbury Street cleaning and lining project.
J. Faulknar stated that it would occur on Shrewsbury Street from Main Street to Doyle Road and the intent of the project is to rehab an existing water main. He stated there was access pits that they will get to at intervals to do the work. He stated that they intended that the work be done in April and it should take about three months to complete.
M. Coady stated that on Shrewsbury there were three locations where work would occur in the buffer zone. She stated that the first was near Lincoln Ave where they did sewer work close to Chapin Pond. She stated that there was a culvert that flows through the vegetative wetlands area and culvert under Wachusett Street. She stated that the work is within the road way but within the Conservation Commissions jurisdiction. She stated that there was access pits and some trenching to install the pipe and the work that was around the disturbance area was shown in pink on the plans. She stated that some of the work was within the 200ft buffer zone and some was a bit closer but all the work was done in the road itself.
J. Faulknar stated that this was a traditional cleaning and lining down to the pipe. He stated that it would take the pipe offline but the homes would stay in service. He stated they would cut open the pipe and put a devise down that would scrape the inside of the walls to get the corrosion out and then cement lining on the interior walls which is how pipes are lined with mortar spinning.
R. Lowell asked if they needed pits because there were no manholes.
J. Faulknar confirmed this.
M. Coady stated that another area on Holden Street where a stream channel daylights was on the northerly side of the road. She stated again the work was done in the buffer but all in the paved footprint. She stated that there will be a pavement patch done and no change in grading or pervious area.
R. Lowell asked about the dewatering.
J. Faulknar replied it was 5.5 feet so it was not tremendous.
M. Coady stated that it was traditional dewatering with no water discharged directed untreated to the resource area. She stated there would be proper filtration sacks.
M. Coady stated that the last one was by Doyle Street. She stated that there was a resource area south of the intersection and there was a stream channel that was off the road so they documented it as best they could without trespassing. She stated that all the work was going for a public bid and they anticipated three months to complete the work per the contract.
M. Coady stated that they put an erosion control barrier of silt sacks in and catch basins where appropriate.
M. Scott asked if the materials for excavation were being trucked off because it was in the roadway.
J. Faulkner replied they would be. He stated that the contractor would obtain someplace to stockpile.
R. Lowell asked if the Commission had any questions or comments.
G. Williamson stated that the applicant requested a negative determination 3 to work in the buffer and a negative 5 determination that road would is exempt because it is maintenance.
K. Strom asked what they issued on South Main Street.
G. Williamson replied a negative three.
R. Mouridian replied that it would receive a final pave in the spring.
P. Harding stated that work was a new line.
R. Mouridian stated that this was an intersection only; there was no extensive trenching.
G. Williamson stated that she liked the use of silt sacks.
M. Coady replied that was standard.
Motion by K. Strom, seconded by M. Scott, it was UNANIMOUSLY VOTED TO ISSUE A NEGATIVE DETERMINATION FOR REQUEST FOR DETERMINATION OF APPLICABILITY –HOLDENDPW / SHREWSBURY STREET WATER MAIN CLEANING AND LINING PROJECT WITH THE ABOVE PROVISIONS FOR EROSION CONTROLS.
HOLBROOK PROPERTY- Grant Approval/ Discussion
P. Harding stated that the Town had submitted an application in 2016 and received approval to proceed from the state. She stated that funding will be released by the end of FY 2018.
R. Lowell asked what action needed to be taken.
P. Harding replied the Commission didn’t need to do anything it was an fyi.
G. Williamson asked if the Town owned it.
P. Harding replied that it was owned by the Conservation Commission and was about 24 acres.
G. Williamson asked the location of it.
P. Harding stated it was off Salisbury Street
A Costello stated that it backed onto the Holbrook property that White Oak owned.
P. Harding stated that she had maps.
G. Williamson asked what the Towns responsibility was.
A Costello stated that the plan as that White Oak and the Greater Worcester Land Trust would be the holders of the Conservation Restriction. He stated he thought they (White Oak) would be the ones doing the work on it.
P. Harding stated that it was part of a 400 acre greenway and it was the only point of access from the Town so it was important.
R. Lowell asked if there was any markings out there for acknowledgment.
P. Harding stated that part of the grant was to have a small gravel parking lot and sign and kiosk to identify the funding source. She stated that the Natural Park Service and State administer the funds.
R. Lowell asked if there any trails back there.
A Costello replied that there was an old trail that goes into the next lot so White Oak would have to build a trail to get it to the road but it was very straightforward.
K. Strom stated that it was a few hundred feet of trial.
FOREST CUTTING PLAN – CH 132- (DCR File #134-9055-18) 66.3 Acres off Sterling Road. John Ducat, Boylston, MA
G. Williamson stated that they received forest cutting plans on Sterling Road, Mill Street, and Merrill Road.
A Costello stated that some are on DCR land and the one on Sterling edge is privately owned.
K. Strom stated that area was in a sensitive area.
R. Lowell stated that there was endangered species out there as well.
K. Strom stated there was also a bog on that land.
G. Williamson asked if she should meet with the forester because it was a sensitive area.
R. Lowell stated that foresters were supposed to be leaders in wetland protection.
G. Williamson asked if the Commission wanted her onsite.
A Costello stated that they did indicate that they would not go right up to the edge of it.
R. Lowell asked if the Commission needed to approve the plan or if this was just for notification.
G. Williamson stated that the Commission had ten day to comment on it.
R. Lowell stated that he was concerned about the sensitivity of the wetlands and wished to restrict cutting to further back from the pond.
P. Harding stated they should comment on the sensitivity to the area as well.
R. Lowell said the Commission wished them to urge them to stay about from the pond as it was a valuable resource to the area. He stated he was not sure what else they could do.
G. Williamson stated she would send the comments to that effect. She asked the Commission to send her the location of the bog on a map.
MISC
P. Harding told the Commission that they could start to bring a portable projector to the meeting and set up in that manner if the Commission wished to do so.
R. Lowell stated that a laptop with wireless connector could be used as well.
M. Scott stated they would also need a large screen.
P. Harding asked the Commission their availability for the January meeting. She stated they were tight on quorum for Holden Youth Soccer and she wanted to make sure they had a quorum. She stated they had the ability to have someone call in if they were physically unable to be present
M. Krikonis stated that he could remote in if he was unable to be at the meeting.
G. Williamson stated she could speak with the IT department about it prior to the meeting.
The Commission spoke about additional technological advancements they could implement in the future.
R. Lowell stated that the next meeting would be on January 3, 2018.
Motion by K. Strom, seconded by M. Scott, it was UNANIMOUSLY VOTED TO ADJOURN THE DECEMBER 6, 2017 CONSERVATION COMMISSION MEETING AT 8:30PM.
APPROVED: ____________