Conservation Commission, January 3, 2018
HOLDEN CONSERVATION COMMISSION
1130 MAIN STREET, SENIOR CENTER
January 3, 2018
Members Present: Rob Lowell, Anthony Costello, Mike Krikonis, Ken Strom, David Nyman, Luke Boucher
Not Present: Mike Scott
Others Present: Pam Harding, Director of Planning, Glenda Williamson, Conservation Agent, Liz Fotos, Town Secretary
Others on Sign In: Nick Schwartz, Tighe and Bond; Melissa Cdy, Tighe and Bond; Ryan Mouradian, Water/Sewer Superintendent; Patrick Healy, Thompson-Liston Assoc; Julian Votruba, NEED, Tom Heinold, 378 Malden Street; Rosemary Heinold, 378 Malden Street, Leo McCabe, Mill Pond Realty, Clea Blair, Stoney Brook Estates
R. Lowell called the meeting to order at 7:06PM.
K. Strom entered the meeting at 7:07PM
REQUEST FOR DETERMINATION OF APPLICABILITY- Holden DPW- Pump Station Improvements Project- Improvement to the ECC, Lincoln Avenue and Jefferson Pump station and the replacement of the Heritage pump station. Tighe & Bond, Inc. Rep.
G. Williamson read the public hearing notice into record.
Nick Schwartz and Melissa Cody were present for Tighe and Bond
M. Cody stated that the purpose of this project was to upgrade four sewer pump stations which have all reached the end of their useful life; ECC, Lincoln Ave, Jefferson, and Heritage Lane. She stated all four stations would be done under the same contract. She stated that three of the pump stations had relatively minor work to be done.
M. Cody stated that the ECC pump station currently had a diesel generator and they would be changing it to a natural gas generator so the service line to the street would be part of the work. She stated they would also be replacing the controls.
M .Cody stated that the Lincoln Ave pump station they will be replacing the existing generator with a new generator that is exterior to the building. She stated that they moved it out because of space constraints.
M. Cody stated that the Jefferson Pump Station would have similar work to that which was being done at the Lincoln Ave Pump Station. She stated there was the pump and controls and the existing diesel fuel in the building and it will be replaced with diesel fuel generator on a pad exterior to the building.
M. Cody stated that Heritage Lane was another below grade pump that was slated for a full replacement. She stated that it is a metal can in the ground style station. She stated that it didn’t make sense to replace the equipment in the structure because of the age. She stated it would be replaced with a concrete structure to be located elsewhere on the same site along with the existing building on the site. She stated that the generator would be replaced with an exterior diesel- powered generator. She stated there was some site work to get the gravity sewer to pump station on the opposite side and a new manhole added. She stated there will be a new 6” force main that will be on discharge and connect to the existing sewer and have a bypass vault that could be used in the future for any purpose.
N. Schwartz stated that they show at the site excavation is braced excavation sheeting or something else self supporting.
R. Lowell asked if it would be left in place.
N. Schwartz stated that it would depend on what was used; he stated that sheeting was partially left in and it was cut at grade.
R. Lowell asked if the existing building at the Heritage Lane location would be demolished.
N. Schwartz replied that it would remain and the controls would be placed in the building. He stated it would allow them to keep the existing station online and minimize any bypass needs.
R. Lowell stated that it looked as thought the work was being done in a tight area; he asked if that space was workable.
N. Schwartz stated that the intention was to bring the materials offsite and not stockpile except some of the minor amount that would be needed to replace the back fill.
K. Strom asked the location of the Jefferson pump station.
Ryan Mouridian, Holden Water Sewer Superintendent stated it was behind 122 Fitness.
R. Lowell asked the location of the pump station on Heritage Lane.
N. Schwartz replied it was on Paugus Road on an existing easement adjacent to the railroad.
G. Williamson asked if all the work was being done in the buffer.
M. Cody stated that there was some modifications and it was about 1950 sq ft in the 100ft buffer for all four sites combined. She stated that the majority was at the Heritage Lane Pump Station and all the work was in the pump station area so no further encroachment for the wetlands on any of these sites was being done. She stated there would be no tree clearing and they would be reusing existing paths where possible.
R. Lowell asked about the dept of the gas line at the ECC location.
N. Schwartz replied it would be about 3-4ft.
L. Boucher asked if there were indicator alarms on the dual wall tanks.
N. Schwartz replied be believed there were.
M. Cody stated that there was a detector in the space so it would alarm if there was liquid of any kind present.
G. Williamson asked their start date.
N. Schwartz stated that the intention would be to bid the work in February and start construction in April or May and complete it at the end of the 2018 construction season.
R. Lowell asked the Commission for any questions or comments; no additional comments were made.
R. Lowell opened it up for public comment; no members of the public stepped forward.
The Commission discussed the determination. R. Lowell stated that this was beyond a maintenance job.
Motion by L. Boucher, seconded by K. Strom, it was UNANIMOUSLY VOTED TO ISSUE A NEGATIVE DETERMINATION FOR RDA HOLDEN DPW/ PUMP STATION IMPROVMENTS PROJECT TO INCLUDE BASIC EROSION CONTROLS, STAYING IN THE PRECUT AREA, AND NO TREE CLEARING OR STOCK PILING.
NOTICE OF INTENT- Holden Youth Soccer League- 351 Bullard Street, 183-643 Assessing Maps 164, 150 Parcel 16 and 43. Patrick Healy, Thompson-Liston Assoc., Construction of two new soccer fields, access driveways, parking, stormwater management facilities and grading within the buffer zone (con’t from December 6, 2017).
K. Strom recused himself from the matter.
Patrick Healy, Thompson-Liston Assoc. was present at the meeting. He stated that they had left off in November with a few issues that needed to be addressed with DPW and that had been accomplished. He stated that the Planning Board had approved the site plan and subdivision for the project. He asked if there were any additional questions or comments and if not, he requested that they closed the public hearing.
R. Lowell asked the Town if there was anything further.
P. Harding stated that DPW signed off and all drainage was addressed.
G. Williamson asked if they had told them the locations of the temporary sediment basins.
P. Healy replied that he believed that they did and that all stormwater issues were resolved with DEP and DPW.
G. Williamson stated that for Special Conditions they should stated that all work must be conducted in accordance with the Fisheries and Wildlife approval. She stated that they need to put up a silt fence in the work area to keep the turtles out.
R. Lowell stated that they could incorporate that approval by reference.
G. Williamson asked if the Commission had any other conditions they would recommend for this approval.
R. Lowell asked if D. Nyman was able to vote on this matter.
G. Williamson replied he was not because he came after the presentation.
R. Lowell opened it up for public comment; no members of the public stepped forward.
Motion by A Costello, seconded by M. Krikonis, it was VOTED TO CLOSE THE PUBLIC HEARING FOR NOTICE OF INTENT/ HOLDEN YOUTH SOCCER- 351 BULLARD STREET, 183-643 BY A VOTE OF 4-0-2 (Strom: abstain; Nyman: abstain).
K. Strom returned to the meeting at 7:27PM.
NOTICE OF INTENT- Mill Pond Realty Trust- 1665 Main Street, 183-648 Assessing Map 100, Parcel 94. Julian Votruba, NEED, LLC. Rehabilitation of existing mill building to serve as residential units’ infrastructure
R. Lowell asked if the applicant had received the DEP File number.
J. Votruba replied they had.
G. Williamson stated that the only thing new was a letter from the Office of Dam Safety that she had included in the Commissions packet.
R. Lowell stated that this was sent to Paul Roloff and that gist of it was that they wanted to make sure that general engineering considerations were made in the work that was proposed. He stated that they asked them to file notification that they were making minor maintenance and modifications to the dam.
L. Boucher stated that the engineer should describe in detail the work, specifically the removal of the slab.
R. Lowell stated that this was separate from wetlands.
J. Votruba stated that they would follow through on that that.
R. Lowell opened it up for public comment.
Tom Heinold, 378 Malden Street was present at the meeting. He asked if there was any impact to the drawdown.
R. Lowell stated that the work that was being proposed was to take the slab from the dam. He stated it was not related to the drawdown.
K. Strom stated this was to remove the concrete slab that was over the stream.
R. Lowell stated that this was hanging over the brook and there was no water flowing over it. He stated that the applicant was requesting to demolish it and the Commission wanted them to do the work and keep it out of the brook.
G. Williamson stated that the demo was not to occur during periods of high flow.
L. Boucher stated that it says on page 2 that it could not be done between May and August and not during the drawdown.
R. Lowell replied that was because that would be a period of high flow.
Leo McCabe, Mill Pond Realty Trust was present at the meeting. He stated that DCR had approved this in July.
R. Lowell stated that it was not approved to do the work during high flow conditions.
M. Krikonis asked if it was necessary to specify that the footings were not going to be pulled out; that they would be cut.
R. Lowell stated that it could be reflected in the conditions.
L. Boucher stated that it was not shown on the plans like that; just stated in the letter.
Motion by M. Krikonis, seconded by K. Strom, it was VOTED TO CLOSE THE PUBLIC HEARING FOR THE NOTICE OF INTENT MILL POND REALTY TRUST- 1665 MAIN STREET, 183-648 BY A VOTE OF 5-0-1 (Nyman: abstain).
NOTICE OF INTENT- Lot 88 Malden Street- 183-649 Assessing Map 150 , Parcel 40. Gallo Builders, Inc, Construction of a single family home and associated grading in the 100-foot Buffer and Riverfront Area. Julian Votruba, NEED, representative.
G. Williamson read the Public Hearing Notice into record.
J. Votruba stated that this was a proposed single family home with septic and associated grading on the parcel of property. He stated that it was created 30 years ago before the Watershed Protection Act and River Act.
J. Votruba showed the Commission the location of the septic and stated that it was out of the 100ft of BVW. He stated there was a little pocket with a culvert pipe that the Town put in and a brook with associated wetlands as well. He stated they were able to keep the septic system completely outside of it and the only part that is in the buffer is the driveway and a small portion of the house. He stated they have haybales and a silt fence proposed on the whole property line towards the BVW and along the section to protect the pocket. He stated there was no work proposed in the 25ft no disturb. He stated that it was a relatively flat site with no steep grades and a flat driveway and was on municipal water.
G. Williamson asked the location of the driveway.
J. Votruba showed her.
G. Williamson asked if there was a street number yet.
J. Votruba replied there was not one yet.
G. Williamson stated it looked like the lot between 361 and 371. She stated that in the NOI that the engineer indicated flooding she asked about that.
J. Votruba replied that there was a brook channel but it was not in the flood zone.
R. Lowell asked about the driveway drainage.
J. Votruba stated that it would sheet flow off the edge.
R. Lowell asked how they prevented it from going into the wetlands.
J. Votruba replied that the driveway was as far away as it could be.
R. Lowell asked which way it drained.
J. Votruba replied towards Malden and it drains to a culvert pipe.
R. Lowell asked if they were proposing no alteration area.
J. Votruba asked what the Commission would like.
R. Lowell asked what they were proposing.
J. Votruba replied that he was not proposing anything but that if they wanted something he would put it in. He stated that they did have erosion controls fences for construction.
G. Williamson stated that the DEP’s comment said that they should have an NOI for outstanding resource water.
J. Votruba replied that they all go to the resource but that would only apply if they were doing any alterations to the resource area which they were not.
G. Williamson asked if they needed to get a variance.
J. Votruba replied they did not. He stated that it had already been through the Board of Health and the Title V was approved.
L. Boucher asked if they said what type of outstanding resource water it was.
P. Harding stated that it was a Zone A and the stream had 200ft tributary restrictions on it but they were more than 200ft away from it.
R. Lowell asked the Commission if they had any additional questions.
A Costello asked what they would do about the driveway.
J. Votruba stated that they could propose 12” culvert pipe if the DPW wanted them to.
A Costello replied that he did not think the owners would want a stream on their driveway when it rained and ice when it froze.
J. Votruba replied that the pitch was the same now that it would be after construction so it would continue to do what it was doing.
L. Boucher stated that the contours of the road looked flat; he stated it was 100 contour that ran across the whole property.
J. Votruba stated that 14 years ago he did a site for Blair on the other side with no culvert pipe and it seemed to be functioning fine.
A Costello stated that the application stated that a portion of the project had an established habitat for rare wildlife he asked if they had looked further into that.
J. Votruba replied that it was a typo and that there was no rare wildlife on the site.
P. Harding stated that they would like a site visit.
R. Lowell stated that it was difficult to confirm the flagging and they would like to have that done as soon as possible.
R. Lowell suggested continuing the matter until February 7, 2018 for flagging.
G. Williamson asked if there was any other way to divert the water besides with a culvert.
R. Lowell stated they could divert it into vegetation.
J. Votruba stated that he hated to channel the water; he stated that sheet flow is the best way to not have any water damage. He stated that he did not want to speed up the flow of the water.
L. Boucher stated that when it was past the wall it would sheet off.
Rosemary Heinold, 378 Malden Street was present at the meeting. She stated that they had been in town for 45 years and were abutters but that basically she can remember only once or twice in drought years that water had not been flowing at rapid clips. She stated that there was a big culver that takes it from that lot to a lot beside them and while she is not sure where it comes from there is turkey and deer and in a wetlands area. She asked why the Commission would allow someone to fill a lot with an active wetlands.
R. Lowell stated that according to the building plans the wetland occupies the frontage but as a single-family home they were allowed to build within the constraints of the site. He stated that they have the allowable setback and that the Commission was discussing drainage.
Public stated that there was also water flow in the area (he showed the Commission the location).
J. Votruba replied that he would revise the plan to show it.
K. Strom to the public that they were asking the applicant to continue the matter to allow the Commission to look at the site and check the wetlands and review delineation.
The public asked if the house was being built for the current owners.
J. Votruba replied it was not.
The public asked if the owner was doing this work so that he could sell the lot because he otherwise would not meet zoning requirements.
J. Votruba replied that the land was grandfathered.
R. Heinold asked if once the property was built if there were restrictions placed on it for building.
R. Lowell stated that there would be something permanent required to not turn the wetlands into lawn.
J. Votruba stated that they would revise boundaries with boulders.
R. Lowell stated that large boulders would be suitable or something else that is unlikely to be taken down to show the no touch area.
G. Williamson asked why they would need the variance; she asked if DCR was concerned with it.
J. Votruba stated that the lot was created before 1992 which was when DCR Watershed came into effect. He stated that they would send out for advisory and they will best fit it as they can. He stated they also met Title V and they will send that to DCR as well.
Thomas Heinold 378 Malden Street asked if this would make lot 361 unbuildable.
J. Votruba stated that one had limitations but he could not say.
P. Harding stated that they needed to show Zone A on the plans; she asked if it mimicked the riverfront.
J. Votruba stated that it mimicked it but it ended at the 100ft buffer zone.
P. Harding stated that that she would have to look into it.
The Commission continued the matter until February 7, 2018.
REQUEST FOR CERTIFICATE OF COMPLIANCE- Stoney Brook Estates Subdivision, 183-493. Assessing Map 184/171, Parcel 5/18 &22, Clea Blair, 290 Reservoir Street, (cont from December 6, 2017).
L. Boucher recused himself from the matter.
C. Blair was present at the meeting. He stated that they took care of everything and as far as they were concerned they were done. He stated that Mr. Prachniak, the abutter was not present at the meeting so he assumed he was happy.
R. Lowell asked if the Commission had any questions.
G. Williamson stated that as far as ongoing conditions, all she had was the HOA is responsible for maintenance of stormwater. She asked when that went into effect.
P. Harding replied at street acceptance.
R. Lowell stated that was already done.
P. Harding stated it was done but that they could add it as a reminder. She stated the only other ongoing condition was stormwater.
K. Strom asked if anyone had walked it and looked at the sediment erosion controls.
G. Williamson replied she did not.
P. Harding stated there was not much left.
Motion by M. Krikonis, seconded by K. Strom, it was VOTED TO ISSUE THE CERTIFICATE OF COMPLIANCE FOR STONEY BROOK ESTATES SUBDIVISION, 183-493 BY A VOTE OF 5-0-1(L. Boucher: abstain).
L. Boucher returned to the meeting.
REQUEST FOR CERTIFICATE OF COMPLIANCE- 333 Reservoir Street, 183-244 Assessing Map 171/42 James and Jeanne Corrao, In-Law addition and garage expansion. Orders issued 2/11/1998.
G. Williamson stated that they had closed on the house but that the Certificate of Compliance was not recorded correctly. She stated that this was just a technical issue and there was nothing outstanding on the property.
R. Lowell asked if the Commission needed to vote on the matter.
P. Harding stated they just needed to sign it again and make a note as to when it was originally voted on.
NOTICE OF INTENT- Holden DPW – Trout Brook Conservation Area- 183-645, Assessing Map 65 Parcel 1; Maintenance dredging on Trout Brook Pond, 320 Manning Street
G. Williamson stated that they decided they would add this back on the agenda because they were hopeful it would come up again. She stated that Isabel McCauley had contacted them and that they should have the 401 before the end of May. She stated she wanted to keep it on the agenda so that when they had that back she could bring it forward to the Commission.
CONDITIONS
R. Lowell stated that they needed to complete the Special Conditions for the matters discussed at the meeting.
MILL POND CONDITIONS:
M. Krikonis stated that the work needed to be done when there was not high flow and confirming that the new plans don’t show the structure being pulled out that it was shown to just be cut off.
G. Williamson stated so work to be done before May or after August.
P. Harding stated it should be done during no flow.
R. Lowell asked if there were any other thoughts on Mill Pond; remove the slab and piers in accordance with the engineer’s recommendation, remove only the upper part of the pedestals to approximately 1 foot above grade as recommended from the November 15 letter from the applicant’s structural engineer.
G. Williamson asked if they needed to be concerned with the comments from the office of dam safety.
L. Boucher stated that they were bound to those conditions separately.
Motion by L. Boucher, seconded by M. Krikonis, it was VOTED TO ISSUE THE STANDARD ORDER OF CONDITIONS WITH THE ADDITIONAL CONDITIONS OF THE SLAB AND PEDESTAL BE ADDRESSED IN COMPLIANCE WITH THE LETTER FROM THE STRUCTURAL ENGINEER LETTER DATED NOVEMBER 15 AND TO PROHIBIT WORK FROM BEING DONE DURING HIGH FLOW FOR MILL POND REALTY TRUST- 1665 MAIN STREET, 183-648 BY A VOTE OF 5-0-1. (D. Nyman: abstain).
HOLDEN YOUTH SOCCER CONDITIONS:
G. Williamson stated that in addition to the Standard Order of Conditions she had Special Conditions that stated that work must be conducted within the Division of Fisheries and Wildlife Letter dated July 19, 2017.
R. Lowell asked if they had a copy of the crumb rubber synthetic material if used.
P. Harding asked if they had said that the Order needed to be amended with regards to the artificial turf.
L. Boucher stated that HYS had said that they were not sure but that they did Stormwater based on the artificial surface.
R. Lowell stated that if they did use the rubber material they wanted the information on it.
L. Boucher stated that HYS had referenced various studies where they monitored the runoff for water quality.
M. Krikonis stated that during their first meeting they had indicated grass and each meeting after said synthetic.
L. Boucher stated that he thought that the response letter said they were not sure what they would use but that they took the worst-case scenario.
R. Lowell asked if there was anything else outstanding.
Motion by L. Boucher, seconded by M. Krikonis, it was VOTED TO ISSUE THE STANDARD ORDER FOR HOLDEN YOUTH SOCCER LEAVUE- 351 BULLARD STREET, 183-643 PLUS SPECIAL CONDITION THAT FISHERIES AND WILDLIFE LETTER DATED JULY 19, 2017 WERE FOLLOWED BY A VOTE OF 4-0-2 (Strom: abstain; Nyman: abstain).
MEETING MINUTES
Tabled until the next meeting.
Motion by L. Boucher, seconded by M. Krikonis, it was UNANIMOUSLY VOTED TO ADJOURN THE JANUARY 3, 2018 CONSERVATION COMMISSION MEETING AT 8:41PM.
APPROVED: _______________