Conservation Commission, June 6, 2018
HOLDEN CONSERVATION COMMISSION
1130 MAIN STREET, SENIOR CENTER
June 6, 2018
Members Present: Michael Scott, Anthony Costello, Luke Boucher, Dave Nyman, Rob Lowell, Ken Strom, Cathy Doherty -7:26 PM
Others Present: Glenda Williamson, Conservation Agent, Liz Fotos, Town Secretary
R. Lowell called the meeting to order at 7:06 PM.
NOTICE OF INTENT- 537 Mason Road, Jefferson - #183-652// Assessing Map 15, Parcel 3, Brennen Chenney on behalf of Joseph and Jean Dejoinville. Septic System replacement within the 100-foot buffer of a bordering vegetated wetland (BVW) Eco-Tec Scott Jordan (Cont.)
G. Williamson stated that this matter was a continuation and they were only waiting on the DEP file number which they now have.
R. Lowell asked if the applicant was present.
The applicant was preset.
G. Williamson stated that they looked at the project and that there was an erosion control barrier that needed to be inspected.
R. Lowell stated that the filing was complete and they only have the 10 day waiting period remaining.
NOTICE OF INTENT- 18 INDUSTRIAL DRIVE- TOWN OF HOLDEN - #183-653// Assessing Map 186, Parcel 43. David Bazzett, Graves Engineering. Demolition of an existing former manufacturing building (approx. 120,000 sq. ft) within the 100-foot buffer of resource area.
David Bazzett, Graves Engineering was present at the meeting. He stated that the Town of Holden received this property with the intent of demolishing the building and constructing a new DPW building on the site. He stated that Graves Engineering had been hired to assist with the permitting of demolition and that construction of a new building would be handled in a separate permit.
D. Bazzett stated they were going to demo all three existing structures on site; a manufacturing facility, a hut out back and another stand alone building. He showed the Commission the location of the 100-foot wetland and location of both the groundwater protection and floodplain.
D. Bazzett stated that the original flood map was from 1986 and it originates from an area in the south and extended up the property and over the 30-foot hill. He stated that they would need to revise that but that none of their work would be conducted in the flood zone.
D. Bazzett stated that if the budget allowed, they wanted to crush and stock pile the brick and concrete for reuse on the site.
R. Lowell asked what the current use of the stock pile areas were.
D. Bazzett replied that it was a paved area, he showed the location on the plan.
R. Lowell asked if that was where the contaminated soil was capped and placed.
Gary Kaczmarek, Project Manager was present at the meeting. He stated that they did testing in the area and they were waiting on the results from Weston and Sampson as to what needed to be done there.
K. Strom stated that he thought they were going to build an embankment there.
G. Kaczmarek stated that there was previous monitoring done by the owners and that the Town did a 200x200 grid as well. He stated that Weston and Sampson put in an additional monitoring well to ensure that there was no additional contamination.
R. Lowell asked if there was any basement or sub-grade space that needed to be filled.
G. Kaczmarek replied that there was one section in the building that was the oil infiltration room that would be handled separately from the demo.
R. Lowell asked what the dewatering plan was onsite.
G. Kaczmarek stated that they were going to go on the advice of the LSP and he assumed it would be vacuumed out and taken care of that way.
R. Lowell asked what the building material was.
G. Kaczmarek stated that the building was 120,000 square-feet and was one level. He stated that they wanted to crush the material and use it onsite for under the roadway or foundation to save money on the project in the long run. He stated that would be down the road with a Special Town Meeting but that would be use the use of this crushed material if the project got there.
R. Lowell asked if the LSP was going to assist with hazmat.
G. Kaczmarek stated that haz mat was completed and documented. He stated that they had hired an environmental company that will monitor the removal of the hazardous material.
R. Lowell asked if there was additional hazardous material buried on site.
G. Kaczmarek replied there was not and that everything that was identified would be taken away.
G. Williamson asked about the future mitigation.
G. Kaczmarek stated that if there was a project moving forward then there would be another NOI and the area that they were speaking about around the existing building would have site work for new construction.
R. Lowell asked if his vision for the site after this was completed was a clean area with a stockpile.
G. Kaczmarek replied that it was. He stated this will give them a clean site to begin a project if it gets approved.
R. Lowell asked if it would need to be vegetated in the meantime.
G. Kaczmarek replied it would need to be within the year.
R. Lowell asked the Commissions feeling on erosion control.
R. Lowell stated that if it was left in a manner that doesn’t promote erosion they would probably be okay. He asked the time frame.
G. Kaczmarek stated that they would be advertising for the project next week and then put it out to bid with a date around July 14, 2018, so the hazardous material removal should be shortly after that in early August with that taking about four weeks so the demo would follow that and should conclude by the end of October.
R. Lowell asked the Commission for comment.
K. Strom asked if the Town’s game plan was to have the project on the Town Warrant next year.
G. Kaczmarek replied that it was his understanding that they wanted a Special Town Meeting in September.
M. Scott asked if there was a dedicated pipe system onsite.
G. Kaczmarek replied there was not.
R. Lowell asked if there were tanks onsite.
G. Kaczmarek replied there were none that he was aware of.
M. Scott stated that the stockpile area appeared paved; he asked if it was recently paved.
G. Kaczmarek replied that it was paved some time ago.
M. Scott asked if they could crush the materials and hold them in the building footprint.
G. Kaczmarek replied that he was not going to move the pile twice.
L. Boucher stated that if the pile was located where they proposed they would need to maintain erosion controls.
M. Scott stated that they did not want it running into the wetland.
D. Bazzett stated the stockpile would be in a high area.
R. Lowell stated they could condition it to state that it was left in a manner that would not create an erosion nuisance.
R. Lowell opened it up for public comment; no members of the public stepped forward.
Motion by K. Strom, seconded by M. Scott, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR NOTICE OF INTENT- 18 INDUSTRIAL DRIVE / TOWN OF HOLDEN 183-653.
C. Doherty entered the meeting at 7:26PM.
R. Lowell told the applicant that they would put together an Order of Conditions at the end of the meeting.
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.
Chris DeMoranville, Supervisor of Operations, Holden DPW was present at the meeting. He stated that this matter had come up a few years ago when there was sediment and debris overflow so they decided to pursue cleaning out the pond. He stated that it was a manmade pond so they wanted to bring it back to their original conditions and maintain it.
C. DeMoranville stated that they filed permits with DCR Division of Fish and Wildlife, DEP, and MEPA and now all of those permits were back and approved with conditions so it was time to come to Con Com for final approval.
R. Lowell asked how they were going to dredge.
C. DeMoranville stated that they had the sediment tested for any contamination and it came back clean so they can do as they please. He stated that the plan was to drain the water down for about a week, access the pond and lay down rubber mats to protect the shorelines and bring in an excavator to dig out the sediment which is along the bank. He stated the entrance was gravelly so they will clean that out and use the parking lot to stockpile. He stated that they would use hay bales or whatever the Commission’s preference was and haul materials offsite.
R. Lowell asked about phasing and wildlife.
C. DeMoranville stated that they were working with Fishing and Wildlife and the water comes into a pond and there is a headwall. He stated that they offered to come down and shock the fish, they will then be netted and stored in the pond area before it enters back to the main water.
G. Williamson stated that the Town needs to call them a day before the drawdown to have them come out.
R. Lowell asked if it was stocked.
C. DeMoranville replied he believe it was.
G. Williamson stated that she did not think they stocked it this year.
C. DeMoranville replied they were aware that it was being dredged and they usually do it when they do Quinapoxet.
K. Strom asked about the other channel.
C. DeMoranville stated that they were not doing it now, they would be taking it in section and do the pond first and then maybe the pipe.
R. Lowell asked how they intended to refill it.
C. DeMoranville replied that they were just going to board it back up and allow the weather to fill it back in. He stated the permits were in place from July 1, 2018 through September 2018 and that he thought they would do it late August to September.
R. Lowell replied ideally in dry weather.
C. DeMoranville replied that logistically after Labor Day and that it should fill up quickly.
M. Scott asked if there was a feed from a side channel.
C. DeMoranville replied they could divert the water away and shut it off from the river if need be.
G. Williamson stated that DCR wanted a 15-foot wide construction entrance.
C. DeMoranville replied that they could stake it and define it.
R. Lowell stated with mats and stakes. He asked what the target depth was.
C. DeMoranville replied 30-36” max.
R. Lowell asked what the present depth was.
C. DeMoranville replied about 10-feet.
K. Strom asked if they were going to disturb the bench onsite; he stated it was an Eagle Scout Project.
C. DeMoranville replied it would not be disturbed.
G. Williamson stated that they had been waiting on the Water Quality Cert and that they finally received it. She stated that each agency conditioned the project so she made a list for DPW to follow.
R. Lowell opened it up for public comment; no members of the public stepped forward.
D. Nyman asked if the Commission wanted to condition that it be monitored while it dewaters.
R. Lowell suggested adding erosion controls for the dewatering area.
C. DeMoranville stated that they could use straw waddles and water would slowly run off into the parking area.
Motion by L. Boucher, seconded by A. Costello, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR NOTICE OF INTENT- HOLDEN DPW- TROUT BROOK CONSERVATION AREA- 183-645.
AMENDED ORDER OF CONDITION – 109/111 Arizona Ave, Lot 1 & 2 #183-528- John Mshooshian// Assessing Map 190, Parcels 32 &100. Rep. MaryAnn DiPinto; Three Oaks Environmental. Single-family home, driveway crossing/ intermittent stream and replication area. Modification of the first stream crossing: replacement of the proposed 4-foot box culvert with a 4-foot diameter HDPE culvert, fieldstone headwall, modification of planting plan.
MaryAnn DiPinto, Three Oaks Environmental representing John Mshooshian was present at the meeting. She stated that the applicant had an extension to the order and was intending to build in September. She stated that upon review, the first crossing was doing a subdivision road instead of a driveway and she wanted to do something where she could straddle while meeting stormwater standards. She stated that she could take corrugated plastic pipe and embed it into the channel with native material and use field stone for the headwalls. She stated that the flow was small and there was currently a 6-8” pipe at the crossing that is rotting. She stated that this land abuts DCR but is outside the watershed and was previously for two crossing but they could take it down to one crossing and do 4-foot pipe instead.
M. DiPinto stated additionally they would like to change the replication schedule and the quantity of the plants. She stated the amount proposed was excessive and they could not all fit so she came up with a new plant list.
M. DiPinto stated that they intended to use the previously approved construction sequence.
R. Lowell asked what the size of the replication area was currently.
M. DiPinto stated that they were keeping it the same even though the crossing was smaller. She stated that they went back out and redid the flags and the slope is downward with wetland and two little knolls. She stated that the replication would now be placed in between the two streams.
R. Lowell asked if the Conservation Agent had gone out.
G. Williamson replied she had been to the site last week. She stated that there was 20-feet of bank disturbance and about 60-feet of land under water.
M. DiPinto stated that it was 704 sq feet between the two of them and that the replication area would be 850sq feet.
R. Lowell asked how long the pipe was.
M. DiPinto replied it was 20-feet. She stated that one thing they were going to try to do on site was move the utilities into the footprint of the roadway. She stated that if they were able to do that they would notify the Conservation Commission.
R. Lowell suggested making them parallel to the roadway.
M. DiPinto agreed. She stated she was surprised that the original plan did not do that.
K. Strom asked if the sewer was pumped.
M. DiPinto replied it was.
R. Lowell asked if it was a pressure system.
L. Boucher stated that the culvert closest to the house seemed like a strange location because based on the contours there was ridge in the area.
M. DiPinto replied that they may have to trim the culvert to fit the area better. She stated that it won’t just the size or the impact but it would need to follow the contours better.
R. Lowell stated that it was a big change but he was not sure the difference for wildlife passage.
M. DiPinto replied that previously it was 6-feet high and a bigger structure so some of the smaller things can pass through now and that there would be overall less disturbance.
L. Boucher replied that it made sense; he asked if they needed to meet stream crossing standards.
M. DiPinto replied they did.
G. Williamson asked how much of the site they were going to clear; she asked if they were only clearing the driveway and house not the whole site.
M. DiPinto replied that if they needed to do any other work in the buffer, the applicant would have to come back before the Commission.
M. Scott asked if the plan showed the limit of the lot.
M. DiPinto replied that the plan showed the erosion control barriers surrounding the lot.
M. DiPinto stated that the current order expired in October and they were asking for a one year extension to complete it and then another year to follow the replication area, so two years for the growing.
G. Williamson asked about the erosion controls.
The Commission indicated that they preferred the 10” wattles.
G. Williamson stated with a silt fence behind. She asked if M. DiPinto was onsite for the excavating of the replication area.
M. DiPinto stated that the permit required that she would be.
R. Lowell asked if G. Williamson wished to be onsite. G. Williamson confirmed she did.
R. Lowell asked for the applicant to notify the Town Agent as well.
R. Lowell opened it up for public comment; no member of the public stepped forward.
Motion by C. Doherty, seconded by K. Strom, it was UNANIMOUSLY VOTED TO ACCEPT THE AMENDED ORDER OF CONDITIONS FOR 109/111 ARIZONA AVE, LOTS 1 &2 #183-528, JOHN MSHOOSHIAN.
EXTENSION OF TIME- 109/111 ARIZONA AVE, LOTS 1 & 2 183-528 JOHN MSHOOSHIAN// Assessing Map 190, Parcels 32 & 100 Rep MaryAnn DiPinto Three Oaks Environmental, Single-family home, driveway crossing/ intermittent stream and replication area.
M. DiPinto stated that the orders expired in October and they were requesting a one year extension of time.
R. Lowell stated that they would still have maintenance on the replication a year after that.
Motion by M. Scott, seconded by L. Boucher, it was UNANIMOUSLY VOTED TO APPROVE A TWO YEAR EXTENSION OF TIME TO EXPIRE JULY 2020 FOR 109/111 ARIZONA AVE, LOTS 1 &2 #183-528 JOHN MSHOOSHIAN
REQUEST FOR CERTICATE OF COMPLIANCE- 105 Mill Street #183-491// Assessing Map 76 Parcel 21. Rep. Glenn Krevosky, EBT for Orders issued to Phillip Wahlstrom, October 2006.
G. Williamson stated that she went to the site and everything was stable. She stated that this was a violation years ago where they made a trout pond on the lot and then DCR decided that they did not want them to take the pond out.
R. Lowell asked if it connected to the brook.
G. Williamson stated that it eventually flowed to Ashkabumskit.
K. Strom replied under the mill.
R. Lowell stated that it was initially a violation but was not habitat.
G. Williamson stated that there was an issue with paving but that it was remedied and now the site was stable. She showed the Commission photos.
Motion by L. Boucher, seconded by C. Doherty, it was UNANIMOUSLY VOTED TO ISSUE THE CERTIFICATE OF COMPLIANCE FOR 105 MILL STREET/ #183-491.
REQUEST FOR CERTIFICATE OF COMPLIANCE – 59 Fisher Road – Lot 8- HCC0117//Assessing Map 243 Parcel 40. Sean Xenos. Single-family home and driveway, sewer service connection thru an isolated wetland restoration of the isolated wetland.
G. Williamson stated that this was a single-family home and sewer connection through an isolated wetland. She stated that the applicant wants the certificate of compliance so he can complete the job however he just planted. She shared a picture with the Commission.
R. Lowell asked about the replication area.
G. Williamson stated that it was only about 25% stabilized.
R. Lowell stated that there was a two year monitoring and that it was mulched and hydro-seeded but that there were still bare patches.
M. Scott asked if that was all in the buffer.
L. Boucher stated the area was not up gradient.
G. Williamson stated that most of it was in the 100-foot buffer and the wetland was behind the property. She stated thee was nothing else in the replication area except what the applicant planted.
L. Boucher stated that it was hydro-seeded and there was no guarantee that it would take.
R. Lowell stated that he felt that it was unstable at the moment but that they could review it at the next meeting.
The matter was continued to the June 27, 2018 Conservation Commission meeting.
REQUEST FOR CERTIFICATE OF COMPLIANCE – 1429 Main Street- 183-507
G. Williamson stated that the applicant called in today. She stated that this was the building in front of the high school that was going to be the orthodontist office so they went through the permitting process; watershed, NOI, and ENF and then they didn’t do any work on it. She stated they ended up relocating and moving the office across the street and now they were selling and wanted to close this matter. She stated that this was an invalid order of conditions and the Order of Conditions had lapsed.
Motion by L. Boucher, seconded by M. Scott, it was UNANIMOUSLY VOTED TO ISSUE THE CERTIFCATE OF COMPLIANCE FOR 1429 MAIN STREET FOR THE WORK THAT DID NOT OCCUR AND THE TIME PERIOD HAD LAPSED.
Enforcement Order- Holden/Rutland Line
G. Williamson stated that this was for 155 Cannon Road and she sent the enforcement order out on May 24, 2018 and then DEP called and they wanted to know what was happening. She stated both owners on record were deceased and she believes the person at the address is Cynthia Safford, who is the daughter of the decreased. She stated that she went out to talk to them and told them not to do anymore clearing and she agreed but then when she (G. Williamson) went back out two weeks later they had cleared more.
G. Williamson stated that they cleared the area surrounding the pond and encroached into the wetland but according to them they were not doing anything wrong and were only removing damaged trees from an ice storm.
G. Williamson stated that she spoke to DCR and they would also do an enforcement order. She stated that half the lot was in Holden and the other half was in Rutland and that the violation occurred in Holden. She stated that he was not hopeful that they would do any restoration work in the area.
C. Doherty asked what would happen from here.
G. Williamson stated that they could fine them or ask them to restore the area.
R. Lowell stated that he felt the restoration plan would be the basic ask.
K. Strom asked who held the title to the land.
G. Williamson replied she was not sure.
D. Nyman asked if it showed in the tax assessment.
G. Williamson stated that the property had not been legally turned over yet.
L. Boucher asked if they could sell the property if they have an open enforcement order.
R. Lowell stated that he was not sure if an enforcement order would be attached to the deed.
K. Strom stated that it would need to be recorded if it was going to be attached to the deed.
R. Lowell stated that it would be a civil matter and up to the Town.
A Costello stated that he thought it was an uncertified vernal pool.
M. Scott asked if DCR issued an enforcement order too.
G. Williamson stated that DCR said they did not want to issue another one if there were already orders issued.
M. Scott suggested reaching out to DEP and asking what other mechanisms there were to have them comply.
D. Nyman stated the house was in Rutland.
R. Lowell asked if they had any communication through Rutland Conservation.
G. Williamson stated that DCR and Holden Conservation had asked them to surround the pond with erosion controls.
R. Lowell stated that it looked like this was a warning. He stated that the Commission was reviewing this and then they could look to do a Notification of Violation with certified mail in order to keep track of the timeframe. He stated that it was not an easy push to get someone willingly to do something when they were non-compliant.
G. Williamson stated at the least they need to stabilize it and ask them to pull the fill out of the wetland.
R. Lowell stated it was a clear violation.
K. Strom stated that they should polish the letter and send it certified mail.
L. Boucher stated that the letter needed to be sent to the executor of the estate.
M. Scott stated that if there was work in the wetland they would be subject to both state and local violations.
A Costello asked when the work was done.
G. Williamson stated that it was done recently but it was on going.
A Costello asked who paid the contractor.
G. Williamson stated it looked like a friend or relative was doing the work. She stated that she thought the first thing she should do was ask them to stabilize the site again.
M. Scott asked if it was a mess.
G. Williamson replied there was some silt in the pond.
M. Scott suggested having the Agent look into seeing if there was some way to have the enforcement order attached to the deed.
R. Lowell suggested reaching out to P. Harding about that.
M. Scott asked if G. Williamson had contacted the person that was at the house.
G. Williamson stated that she had spoken to Cynthia Safford a few times and she was under the impression that they had received the Town correspondence. She stated that they would send it certified going forward.
R. Lowell stated they should continue looking for the legal owner of the property.
Discussion
38 Vista Circle- Beverly Goodell- Retaining Wall - no update
MISC
The Commission discussed the summer meeting schedule. They agreed to hold the meetings on June 27, 2018 and Aug 1, 2018.
Min
Held for next meeting
ORDERS
Trout Brook: The Commission stated that they would issue the Standard Order of Conditions with the additional conditions of erosion control barriers, time of year, and to adhere to the Conditions set forth by the other entities.
Motion by M. Scott, seconded by K. Strom, it was UNANIMOUSLY VOTED TO ADJOURN THE JUNE 6, 2018 CONSERVATION COMMISSION MEETING AT 8:38PM.
APPROVED: _____________