Conservation Commission, March 14, 2018
HOLDEN CONSERVATION COMMISSION
1130 MAIN STREET, SENIOR CENTER
March 14, 2018
Members Present: Michael Scott, Anthony Costello, Mike Krikonis, Luke Boucher Dave Nyman
Not Present: Rob Lowell, Ken Strom
Others Present: Pam Harding, Director of Planning, Glenda Williamson, Conservation Agent, Liz Fotos, Town Secretary
M. Scott called the Conservation Commission meeting to order.
REQUEST FOR DETERMINATION OF APPLICABILITY-8 Putnam Lane – Michael Kurkulonis, Assessing Map 209 Parcel 19. Construction of a 14’ x 18’ addition at the back of the existing home within the 100-foot buffer of BVW. Sarkisian Builders. Greg Sarkisian.
G. Williamson showed the Commission the submittal. She stated that there were no flagged wetlands. She stated that they could not see the wetlands from the submittal.
L. Boucher asked if it was to the east.
G. Williamson replied it was to the southwest.
M. Krikonis stated that there was a 10x10 deck already, a house and a driveway.
L. Boucher stated that the plans indicate that the proposed addition would be 14x18.
M. Scott stated that one plan showed the deck behind the house and the other showed it beside the house.
The applicant stated it was to the side.
L. Boucher asked if it was lawn to the property line.
The applicant confirmed it was.
M. Scott stated it showed a silt fence on the plan from 2005, he asked if there was any need for a silt barrier.
G. Williamson replied only because the property sloped down towards the neighbors.
M. Scott asked if there were any abutters present; no members of the public stepped forward.
Motion by L. Boucher, seconded by D. Nyman it was UNANIMOUSLY VOTED TO ISSUE A NEGATIVE DETERMINATION FOR THE RDA FOR 8 PUTNAM LANE// CONSTRUCTION OF 14’ X 18’ ADDITION.
NOTICE OF INTENT- Lot 88 Malden Street- DEP File #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. (Continued from January 3rd).
M. Scott stated that J. Votruba was not present at the meeting.
G. Williamson stated that she had the updated plans.
M. Scott asked what the changes from the original to current were.
The applicant stated that in January everything was going to be reviewed and someone was going to do a site visit. He stated that then it snowed and the February meeting was cancelled and now here they were.
L. Boucher stated that there was a letter from DCR dated January 26.
G. Williamson stated that old plan was dated November 13, 2017
M. Scott asked what changes had been made from there.
G. Williamson stated that the 100ft buffer zone line needed to be added and there was a question about the watershed protection act jurisdiction.
L. Boucher stated that DCR wrote a letter about activity within a Zone A.
The applicant stated that DCR did issue a letter; he gave the letter to the Commission.
M. Scott stated that the letter was a response and that it stated that it was not jurisdictional or exempt based on age.
M. Scott asked if there was anything unusual about the buffer.
P. Harding stated that they were questioning Zone A and the septic and that they asked for it to be shown.
L. Boucher stated that the water line was running through their 25-foot buffer initially and they were supposed to move it.
M. Scott replied that it looked as though they moved it on the new plan. He stated that it was beyond the boulders; he stated that the current plan showed the 200feet and had the system beyond it.
L. Boucher stated there should be boulders at the 25ft no disturb line. M. Scott agreed.
L. Boucher stated that at the previous meeting they had also discussed a cross culvert at the driveway. He stated he did not know if they had come to an agreement on it yet.
M. Scott stated that there was nothing shown but it was graded to flow down and across.
M. Krikonis stated that according to the unapproved Meeting Minutes, Julian Votruba stated that they could do a 12” culvert pipe.
M. Scott stated that was talking about doing equalization so that water would go where it wanted to.
L. Boucher stated that it looked like it was flowing downhill towards the street.
M. Scott stated that would be a flooding issue for the driveway.
M. Scott stated that the current conditions they were speaking about was work outside the 200ft, water line being moved, and boulders added. He asked if the Commission wished to add anything else.
The applicant asked if the culvert in the driveway was something that they could work with DPW on.
M. Scott replied that it was more of a convenience for them than stormwater and was not opposed to it being worked out.
D. Nyman suggested adding a condition to resolve the matter with DPW.
M. Scott asked if anyone objected that; the applicant and members of the Commission did not object.
M. Scott asked if the wetlands line was discussed and reviewed.
G. Williamson replied that she had looked at it a few times.
D. Nyman asked if she had visited the site.
G. Williamson replied that she did.
M. Scott asked if she recalled any pooling.
G. Williamson replied that it was low but there was no ponding.
M. Scott stated that erosion control barrier and boulders to be added after the fact and haybales on the southern side. He asked if it was wooded currently.
G. Williamson replied that it was.
D. Nyman asked about the water flow; he stated that the Meeting Minutes stated that the Commission was going to review water flow.
M. Scott asked if he meant the water flow or the water line. He stated that it looked as though it was graded away from the septic.
G. Williamson stated that the only standing water was the BVW and the corner of the wetlands.
G. Williamson asked about the retaining wall.
M .Scott stated that it was only about a foot tall.
The applicant stated that it was in the back of the driveway just because of the grade of the septic system. He stated it was only about two or three feet.
G. Williamson stated there was an old stone wall on the lot as well. She asked if they were allowed to disturb that.
M. Scott replied they could unless there was a unique habitat.
Motion by L. Boucher, seconded by M. Krikonis, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR NOTICE OF INTENT FOR 88 MALDEN STREET/ DEP FILE #183-649.
Motion by L. Boucher, seconded by M. Krikonis, it was UNANIMOUSLY VOTED TO APPROVE THE STANDARD ORDER OF CONDITIONS PLUS CONSULTATION WITH DPW FOR CULVERT.
NOTICE OF INTENT- 252 Holden Street- WE Enterprises, Wando D’Oliverio DEP FILE #183-650
Assessing Map 238 Parcel 34. Two car attached garage addition, remodel inside, stabilize existing driveway, remove trees and construct utility connections within the 100’ buffer of intermittent stream/ bank. Rep. David Sadowski
The Applicant waived the reading of the Public Hearing Notice.
Wando D’Oliverio was present at the meeting. He stated that he had bought this home and was renovating it and he wanted to connect sewage to the street, pave the driveway and add a two car garage.
M. Scott stated that the plans showed a paved driveway, sewer, and an addition to the right rear. He stated that the wetland system was a channel that went under the street to the left of the house.
W. D’Oliverio confirmed that it was.
M. Scott stated that it was an intermittent channel. He asked if he was doing any tree work beside the sewer or creating any lawn.
W. D’Oliverio stated that the trees had been taken down previously and he did not think anything additional needed to come down.
G. Williamson stated that the trees were removed around the home not by the driveway.
M. Scott asked if there would be tree work where the sewer would be going.
W. D’Oliverio replied a little.
M. Scott stated that the driveway was in rough shape; he asked if the applicant wished to repave it.
W. D’Oliverio replied that they wanted to.
M. Scott stated that the addition to the right rear was out of the buffer. He asked if the hill continued or if it was flat.
W. D’Oliverio replied it was flat.
M. Scott asked if the property had been walked.
G. Williamson replied it had been several times. She stated that there was nothing surprising and that the only resource area was the bank. She stated that it was intermittent and that she had checked with DPW.
M. Scott stated the haybales were already in. He asked if there was anything interesting about the property. He asked if they intended to keep the stairs and walk.
W. D’Olieverio replied they did.
M. Scott asked if it was DCR jurisdiction.
G. Williamson replied that she did not believe it was. P. Harding confirmed it was not.
G. Williamson stated that they began some tree work around the home to work on the renovation and then they started to clear the driveway and do so more work and they did not have a permit so the Town asked them to stop the work, put up haybales and apply for permits. She stated the haybales went along the existing driveway and there were two silt fences.
M. Krikonis asked if the silt fences were there before the Town had asked them to stop the work.
G. Williamson replied they put them in after.
M. Scott stated that this seemed pretty straight forward. He asked for any public comment; no members of the public stepped forward.
M. Scott stated that the applicant met with DPW and he believed it was signed off on.
M. Scott told the applicant that there was a 25ft no disturb/ no touch line. He stated that the Town wants the work 25ft away from the wetlands for preservation and they often ask for demarcation placement of fences or boulders to physically show that line.
W. D’Oliverio replied that he could put that up.
M. Scott showed the applicant on the map where he was speaking about.
G. Williamson stated that they needed to add erosion controls along the sewer line before work began as well.
L. Boucher asked if it the property had sewer service.
M. Scott stated that there was a septic that needed to be abandoned.
W. D’Oliverio stated that it was in the back of the house.
M. Scott asked if it was a tank or a cesspool.
W. D’Oliverio stated that he was not sure and it was abandoned 50 years ago.
M. Scott asked if a machine could get back there for tree work.
The applicant replied that it could fit.
G. Williamson stated that there was comment from DEP regarding the Asian Bittersweet Vine. She stated that it was taking over saplings and DEP wanted them to do controls on that.
M. Scott stated that any trees removed from the property needed to go someplace specific because of the beetle area. He asked if the applicant was aware of the tree removal aspects.
W. D’Oliverio stated that he had hired someone who specialized in tree removal to take care of it.
M. Scott asked him to work with his people to have the removal of the vines taken care of.
G. Williamson stated that she also wanted to condition removing any standing dead trees with authorization from the Commission.
D. Nyman asked if G. Williamson could show the applicant the vines that were growing up the trees to help facilitate the removal of them.
G. Williamson confirmed that she could.
Motion by M. Krikonis, seconded by D. Nyman, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR NOTICE OF INTENT- 252 HOLDEN STREET/ WE ENTERPRISES, WANDO D’OLIVERIO.
Motion by M. Krikonis, seconded by D. Nyman, it was UNANIMOUSLY VOTED TO ISSUE THE STANDARD ORDER OF CONDITIONS FOR NOI 252 HOLDEN STREET, PLUS ADDITION CONDITIONS OF:
-ADDING HAYBALES
-ADDING DEMARCATION BOULDER OR SIMILAR TO THE 25FT NO DISTURB
-REMOVAL OF ASIAN BITTERSWEET ON TREES.
EMERGENCY CERTIFICATION –MassDOT- 2033 Main Street / Culvert excavation
G. Williamson stated that the work needed to be done on this as soon as possible.
M. Scott asked what happened.
G. Williamson replied that they had called P. Harding, Director of Planning on this. She stated they needed DCR approval on this as well.
L. Boucher stated that there was accumulated sediment at the headwall.
G. Williamson left the meeting at 7:51PM.
P. Harding stated that downstream was clogged. She stated that they had not maintained the culvert but it had not collapsed, it just needed to be cleared.
M. Scott stated that it looked like sand/ stream bottom. He stated that it was not a catch basin location just a low spot in the road.
P. Harding replied that G. Williamson had gone to look at it. She stated there was a culvert and the inlet had boards you could block flow, with but that the inlet was completely blocked.
M. Scott stated that the outlet looked like sandy stream.
L. Boucher stated that they may need to chase it.
M. Scott asked if it was a wetland.
P. Harding stated that they would need an excavator. She stated that the abutter at 2033 had been after them for quite some time to fix the issue because he said it was going into his basement.
G. Williamson returned to the meeting at 7:54PM.
M. Scott stated that he understood what they were asking but he felt that they would have to dig it all out.
L. Boucher stated that they could take out the sides but then it would be a low point. He asked if they knew how quickly the grade fell on the down stream side.
G. Williamson stated that it was a very gentle slide. She stated that they were proposing a 70ft dredging. She stated that they were going to do a mini excavator on the bank but the US Army Corp of Engineers said that it needed to be done from the road. She stated that they were revising the work plan but that she doesn’t believe they could reach 60ft from the street.
M. Scott asked if it was sand or salt for winter.
P. Harding stated that she thought it was sand but she could not say for sure.
L. Boucher stated that it was a start but that how it was proposed was not going to solve the problem, it would be a short term solution. He stated that it needed to be done if basements were being flooded but that it did not seem to be a permanent fix. He stated that he thought they would need to chase this down stream to actually correct it.
P. Harding asked why the Army Corp was involved.
G. Williamson replied she did not know.
M. Scott asked if it was an intermittent stream.
G. Williamson replied that it was not a perennial. She stated that they would have to do a self verification.
M. Scott stated that they were cleaning and not replacing. He stated that self verification, dredging and filling would be a 401.
L. Boucher stated that the notice said, “provide work order to utilize BMP to minimize impact outside and to structure a footprint.”
M. Scott replied the impact had already occurred. He stated that he was unsure if the problem would be solved by this but that it was okay to move forward.
L. Boucher agreed.
G. Williamson asked if they needed a check dam down stream.
M. Scott replied that if they were just digging out sand he did not think they needed anything. He stated that the three conditions should be that the area must be protected with erosion controls, the resource area must be returned to preconstruction state and the Army Corp giving approval.
L. Boucher stated that they don’t actually want them to restore this to its preconstruction state; he stated they wanted the flow/ stream.
L. Boucher asked if they were going to issue and emergency certification form to allow for the removal of sand.
M. Scott stated they would need to issue something to allow for work in the resource area. He asked if they had mobilized yet.
G. Williamson stated that they were going to but then Army Corp said no; she stated that they have a proposed start date for March 19, 2018.
L. Boucher asked what the tree situation was overhead.
G. Williamson replied about 5 / 10 saplings but no big trees.
Motion by L. Boucher, seconded by M. Krikonis, it was UNANIMOUSLY VOTED TO ISSUE EMERGENCY CERTIFICATION TO MASS DOT 2033 MAIN STREET FOR CULVERT EXCAVATION WITH THE FOLLOWING SPECIAL CONDITIONS:
- To protect the area to the extent practical
- BVW to be returned to preconstruction state outside the areas of the channel.
- Town to visually monitor migrating sediment to ensure that work was not creating downstream sediment issues.
REQUEST FOR CERTIFICATE OF COMPLIANCE- DEP File # 183-343 // 45 Paugus Road // Robert and Kathleen Lynch, Assessing Map 225, Parcel 83
G. Williamson stated that this was a modular home and that the Lynches were looking for the Certificate of Compliance because they wished to purchase the home.
M. Scott asked if everything was stable.
G. Williamson replied it was.
Motion by M. Krikonis, seconded by A. Costello, it was UNANIMOUSLY VOTED TO ISSUE THE CERTFICATE OF COMPLIANCE FOR 45 PAUGUS ROAD/ ROBERT AND KATHLEEN LYNCH, DEP FILE NUMBER 183-343.
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 she just wanted to update the Commission; the Town has authorization to dredge the pond but was still waiting on the Water Quality Certificate. G. Williamson stated that she spoke with DEP and they were working to prioritize these Certificates based on when funding was going to run out and that Trout Brook was in the pile for review.
G. Williamson stated that she would keep the Commission informed.
Discussion
969 Salisbury Street (Lot 4) Tanoglu- NOI-DEP File #183-613
G. Williamson stated that they cleared the front of the site and the forester marked the trees and affected by Asian Longhorn Beetles. She stated that the erosion controls for this were also in. She stated that this would require an extension because the order would be expiring in November.
MACC Annual Environmental Conference, Saturday March 3rd/ College of Holy Cross
G. Williamson stated that she was able to attend this Conference and it had good content. She thanked the Town for sending her.
HOLBROOK PROPERTY- Conservation Restriction
P. Harding stated that there was a draft of this included in the Commission’s packet. She stated that they will have to grant the Conservation Restriction to White Oak and the Greater Worcester Land Trust. She asked the Commission to look over it and let her know if they had any questions. She stated that this needed to be closed by the beginning of June.
FOREST CUTTING PLAN- CH. 132- (DCR File #134-8093-16) 67 Acres of Manning Street. John Ducat Jr. Boylston, MA
G. Williamson stated that this work had been completed some time ago.
APPROVAL OF MINUTES
The Commission tabled this matter for the next meeting.
MISC
P. Harding stated that this would be the last meeting for M. Krikonis; she stated that he had resigned and would be working with the Planning Board. She stated that they did have some applicants for the Conservation Commission as well.
Motion by L. Boucher, seconded by M. Krikonis, it was UNANIMOUSLY VOTED TO ADJOURN THE MARCH 14, 2018 CONSERVATION COMMISSION MEETING AT 8:34PM.
APPROVED: _____________