Conservation Commission, May 3, 2017

Meeting date: 
Wednesday, May 3, 2017

HOLDEN CONSERVATION COMMISSION

1130 MAIN STREET

May 3, 2017

 

Members Present:  Rob Lowell Mike Scott, Luke Boucher, Anthony Costello, K. Strom

 

Members Absent: Matt Kennedy, Mike Krikonis

 

Others Present: Pam Harding, Conservation Agent, Glenda Williamson, Conservation Assistant, Liz Fotos, Recording Secretary

 

Valerie Sampson, 40 Village Way; Charles Blaker, 40 Village Way; Dan Marinone, 37 Village Way; Alan Lambert, 36 Village Way; Sandy Lambert, 36 Village Way; Marc Lipson, 41 Village Way; Dick Lipson, 41 Village Way; Renee Boulanger, 1567 Main Street; Joseph Boulanger, 1567 Main Street; Tammy Fitzgerald, 190 Jennifer Drive; John Fitzgerald, 190 Jennifer Drive; Rickard Parkinsar, 31 Village Way; James O’Hare, 22 Village Way; Michael Delucas, 42 Village Way; James DeLuca, 42 Village Way; Mark Hussey, 177 Kendall Road, Kimberly Lajoie, 177 Kendall Road; Keith Beardsly, 74-a Clarendon Street; Patrick Sharkey; Tara Voeino, The Landmark; Maureen Finlay, Finlay Engineering; Ron Wolanin, Mass Audubon; Tom Connolly, 29 Village Way; James Ciullo, 27 Quail Run; Leo McCabe, Mill Pond; Norm Laliberte, 25 Village Way; Serra May, Mill Pond; David Clarke; 123 Greenwood Parkway; Joanne DePatsy, 1655 Main Street; Steph Sendrowski, 25 Courtney Drive; BrianVitalis, 34 Village Way; Julian Votruba, NE Environmental Design; Tim Shaw, 1 Princeton Street, Kathy Konsas, 201 Kendall Rd; Gary Kersus, 201 Kendall Rd; G. Shitake, 26 Village Way; Jason Fanton, 39 Village Way; Cara Fanton, 39 Village Way; Stephen Kaminski, 32 Village Way, Gary and Karen Gaskin, 1467 Main Street, Scott Morrison, White Oak; C. Blair, Stoney Brook Estates

 

R. Lowell called the meeting to order at 7:10pm.

 

NOTICE OF INTENT- EAGLE LAKE DRAWDOWN- 183-xxx Scott Morrison- White Oak Land Conservation- remove stop logs from dam structure for permanent drawdown

 

R. Lowell stated that as a matter of order, the Commission did not have a quorum to hear the matter of Notice of Intent/ Eagle Lake Drawdown.  He stated that three members of the Commission needed to recuse themselves.  He stated that based of the amount of interest in this matter, they would hold an informal discussion after the meeting and the public was welcome to stay for that discussion.

 

Scott Morrison, White Oak Land Conservation stated that their intent was to fill the public in and provide them with some information so they were not leaving the meeting without any information.

 

The matter was continued to June 7, 2017.

 

NOTICE OF INTENT- Stoney Brook Estates 11 Courtney Drive 183-641

Assessing Map 157 Parcel 111, New England Environmental Construction of a Single-Family Home and Driveway (Continued from April 5)

 

R. Lowell asked if there was anything new on this matter.  P. Harding replied there was not.

 

C. Blair and J. Votruba were present.

 

C. Blair stated it was not finished yet.

 

J. Votruba stated that they were asked to add some information to the plans which he had done.  He stated they had a question about the fencing around the detention pond; he stated that it needed to be repaired and would be fixed.  He stated they would do it 10FT off the top of the detention pond so there would be a few feet for people to get around it. 

 

J. Votruba stated those were the technical questions that were asked of him and he had added them to the plan.

 

R. Lowell asked about the O&M Plan.

 

C. Blair stated that they had submitted one in 2005/2006 when it did not go forward and they were going to look at those and update it address the dollar amount to each phase of the O& M Plan so they would know what to put in the bond.

 

R. Lowell asked about the easement or additional access.

 

C. Blair replied that access already existed.

 

L. Boucher asked who owned the drainage easement.

 

C. Blair replied the Town did.

 

P. Harding stated it was not clear.

 

M. Scott stated that the basin needed to be cleaned out and the ponding elevation needed to be added to the plan.

 

J. Votruba stated that it was added.  He stated that the slab of the proposed building was 2.5FT above the berm of the pond so it would never be a problem.

 

R. Lowell asked if there were any public comments.

 

Tammy Fitzgerald, 190 Courtney Drive was present at the meeting.  She asked if the easement was changing from 6FT to 10FT.

 

R. Lowell stated they were moving the fence for access.

 

J. Votruba stated that the easement was staying where it was they were just moving the fence.

 

T. Fitzgerald asked when the map was created.

 

J. Votruba replied it was created last fall.

 

T. Fitzgerald stated that she called the state commission and they stated they she may request a surveyor to verify everything.

 

J. Votruba replied it had been surveyed and was current.

 

T. Fitzgerald asked if it was within the last 6 months.

 

J. Votruba replied it was recorded as the deed.

 

T. Fitzgerald stated that she contacted Matt Dufresne, Head Engineer of the Reservoir System at the Worcester Reservoir and he wanted a copy of the proposal.

 

R. Lowell asked if they (Worcester Reservoir) were an abutter.  P. Harding replied they were not.

 

T. Fitzgerald stated that he (Matt Dufresne/Worcester Reservoir) needed to know any information.

 

R. Lowell stated that it would be part of the public record.

 

T. Fitzgerald stated that they said they needed to see everything before it was done and that he (Matt Dufresne/ Worcester Reservoir) needed a report.

 

P. Harding replied that Worcester Water Supply had no jurisdiction on this matter.

 

R. Lowell stated that they may be interested in it but they don’t have a standing for it at this time.

 

P. Harding stated if they were interested they should reach out to the Town.

 

T. Fitzgerald stated that Holden buys water from them and so we should take care of the reservoir.  She stated that altering the landscape could cause pollutants through the ground water and building could change it.

 

R. Lowell stated he could reach out to Holden DPW.

 

T. Fitzgerald stated she would have him do so.

 

Kim Bonder, 182 Jennifer Street was present.  She stated that it that lot was sold and an escrow account with some money was established would there be an annual cost to maintain it and what would that cost be.

 

R. Lowell sated that C. Blair was working on the cost assessment for each task and it would be broken out annually.

 

K. Bonder asked what the typical clean up was for the pond.

 

R. Lowell replied it depended on a lot of factors.

 

K. Strom stated that it should be mowed as part of the maintenance.

 

T. Fitzgerald stated that it had not been mowed over the years.

 

K. Bonder asked what would happen if something went wrong and the property owner did not have funds to maintain it. 

 

R. Lowell stated that they were asking for money to be set aside for this situation.

 

K. Bonder asked what would happen if/when these funds became depleted.

 

P. Harding stated that there were four ponds in the subdivision that had the same set up.  She stated this was not the only one of its kind to be run in this manner.

 

K. Bonder asked if the funds were depleted and the homeowner did not do anything to fix or maintain the pond, could they put a lien on the property?

 

R. Lowell stated that if there was an obligation and something not being done perhaps but he stated he was not an attorney and did not know.  He stated they were trying to set up something as best they could in order to have a mechanism in place and have the pond cleaned up and maintained.

 

K. Bonder asked if there should be a plan in place.

 

L. Boucher stated that was what they were discussing.

 

R. Lowell stated that it was part of the deed.

 

L. Boucher stated that there was an Operations and Maintenance Plan for the basin in the works with estimated costs added to it.

 

K. Bonder stated that there were a lot of young kids in the subdivision.  She stated that the water level had been high.  She asked when it would be repaired as she was concerned with the small children that were in the area.

 

C. Blair stated that he did not know what section was down but if they were going to move it; it didn’t make sense to repair it.  He stated that hopefully by next meeting, everything was ironed out and then the work would be about six weeks from that point.

 

A member from the public asked what the allotment would be in the Town’s experience.

 

P. Harding replied it would depend on the system.

 

The man asked what the maintenance would be.

 

P. Harding replied mowing for the first few years.  She stated that the systems have been in existence for some time so there could also be sediment built up.  

 

The man stated if this lot went though it could be a financial burden to the homeowner and it could impact the neighborhood.

 

P. Harding replied it was the same situation throughout the subdivision.

 

T. Fitzgerald stated that she started a butterfly community in that spot and that as the Conservation Commission she felt as though they should want to preserve that.

 

M. Scott stated that this was a buildable lot and was not meant to be home to butterflies.  He stated it was a stormwater system area for the greater good of the water and not for the entertainment purposes that it may currently be being used for.  

 

T. Fitzgerald replied it was not entertainment it was environmental.

 

Motion by M. Scott, seconded by L. Boucher, it was UNANIMOUSLY VOTED TO CONTINUE THE MATTER NOTICE OF INTENT- STONEY BROOK ESTATES 11 COURTNEY DRIVE #183-641 TO THE JUNE 7, 2017 CONSERVATION COMMISSION MEETING.

 

NOTICE OF INTENT- Holden Realty Inc. Lot D Cutler Road 183-639 / Assessing Map and Parcel 84 (portion of 22-28) John Boardman, Places Associates; Construction of a Single-Family Home and Driveway (Continued from April 5)

 

AND

 

NOTICE OF INTENT- Holden Realty, Lot E Broad Street 183-640 Assessing Map and Parcel 84 (portion of 22-28) John Boardman, Places Associates; Construction of a Single-Family Home and Driveway (Continued from April 5)

 

John Boardman, Places Associates was present at the meeting.  He stated that he had discussed the matter at a previous meeting and were waiting on the file number to move forward.  He stated that they did submit revised plans to address L. Boucher question regarding the stormwater treatment.  He stated that on the plan he added the 50FT of infiltration treatment.

 

Motion by L. Boucher, seconded by M. Scott it was UNANIMOUSY VOTED TO CLOSE THE PUBLIC HEARING FOR LOT D NOTICE OF INTENT- HOLDEN REALTY CUTLER ROAD/ 183-639.

 

Motion by L. Boucher, seconded by M. Scott, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR LOT E – NOTICE OF INTENET- HOLDEN REALTY BROAD STREET / 183-640.

 

Motion by L. Boucher, seconded by K. Strom, it was UNANIMOUSLY VOTED TO ISSUE THE STANDARD ORDER OF CONDITIONS FOR LOT D /HOLDEN REALTY CUTLER ROAD/ 183-639.

 

 

 

 

Motion by L. Boucher, seconded by M. Scott, it was UNANIMOUSLY VOTED TO ISSUE THE STANDARD ORDER OF CONDITIONS FOR LOT E / HOLDEN REALTY BROAD STREET / 183-640.

 

NOTICE OF INTENT- Sean Xenos- Lot 8 Fisher Road- Local Bylaw Assessing Map 243 Parcel 40.  Finlay Engineering Construction of single family home, driveway, grading water and sewer service connections.

 

G. Williamson read the Public Hearing Notice into record.  Maureen Finlay, Finlay Engineering was present at the meeting.   She stated that Lot 8 was on the right side as you enter from Salisbury Street and was the first of the recent ANR lots.  She stated they were proposing a single-family home with associated grading, a concrete driveway and stormwater treatment to manage roof drains and impervious areas from the drive.

 

She stated this was a local NOI and did not trigger DEP as it was isolated wetland.  She stated they were holding the 25ft no disturb and there is an existing sewer stub near the first corner that he would like to use.  She stated they would temporarily disturb the wetlands in order to do so and run that straight to the house.  She stated they would be stockpiling the excavate and once the sewer line was installed they would replace the soil. 

 

M. Finlay showed the Commission the 100ft buffer on the plans and stated that all of the house and the majority of the driveway was in the buffer.  She stated that they were not proposing any work in the wetlands and she showed the Commission the erosion control and temporary erosion controls where the sewer was going to be located.

 

R. Lowell asked if they were able to get it out of the buffer zone.

 

M. Finlay stated that it was her understanding that they were staying out of the primary DCR zone.  She stated there was a little pitch on the land and that was why it was placed in the manner it was.

 

R. Lowell asked about the temporary disturbance of the wetlands.

 

G. Williamson asked if they were able to do it without going into the 25ft buffer.

 

M. Finlay replied they would need to have to dig up to make a new sewer if they avoided the 25ft buffer.  She stated they were trying not to disturb all of that land and would like to use the existing connection.

 

P. Harding stated that DPW was going to make them use the existing sewer stub.  She stated that the existing stub was in front of the wetlands.

 

R. Lowell stated that was a great point, he stated that when they did the excavation they wouldn’t want the sewer to drain the wetlands.   He asked if they cold use any other material for the barrier; high density fill, clay material or something to not allow the wetlands to flow down the road.

 

M. Finlay replied they could do that.

 

L. Boucher stated he would like to see a limit of work or erosion control on the back of the site as well as it sloped to the wetlands.  

 

L. Boucher asked if something should be added about the wetlands restoration.

 

R. Lowell suggested wetlands friendly plants that could be added so that the space did not turn into lawn.

 

K. Strom stated there were a number of items the Commission wanted to be addressed; drafting the drain, the clay trench barrier, erosion controls on the back of the site and wetlands plans to be established.

 

R. Lowell suggested having the applicant address the above and have the matter continued to the June Conservation Commission Meeting.

 

Motion by L. Boucher, seconded by M. Scott, it was UNANIMOUSLY VOTED TO CONTINUE NOTICE OF INTENT/ SEAN XENOS LOT 8 FISHER ROAD/ ASSESSING MAP 243 PARCEL 40 TO THE JUNE 7, 2017 CONSERVATION COMMISSION MEETING.

 

HARRIS STREET- REVIEW REVISED PLAN – LOCAL BYLAW Approved RDA under the Local Bylaw (Exp. 1/28/2018) Map 120, Parcel 19 Single Family, driveway, grading and septic Paul and Kristin Danielson/ Quinn Engineering

 

David Clarke was present at the meeting.

 

G. Williamson stated that this was an existing RDA on Harris Street and she went to walk the erosion controls.  She stated that it was staked and looked fine.

 

P. Harding stated that the applicant was changing the location of the house and that was why it was on the agenda.  She stated that they enlarged the house and now they were shrinking it again.

 

D. Clarke stated that it was now closer to the original filing.  He stated that there were no grading changes and a little less fill.  He stated there was a walkout basement on three sides.

 

P. Harding showed the Commission the plans

 

R. Lowell asked if the septic was the same.

 

D. Clarke stated that the garage was in the front so it was a shorter front of the house and there would be a retaining wall and the fill would be in the front yard,

 

R. Lowell stated that it looked like a favorable improvement; he asked if the Commission had any further questions.

 

The Commission had no further questions.

 

Motion by L. Boucher, seconded by M. Scott it was UNANIMOUSLY VOTED THAT THERE WAS NO SIGNIFICANT CHANGES MADE TO THE PLAN FOR HARRIS STREET/ MAP 120, PARCEL 19.

 

G. Williamson asked for the applicant to notify her when the erosion controls were in place.

 

REQUEST FOR CERTIFCATE OF COMPLIANCE 183-441 Steven Venincasa- Casa Builders, Bullard Estates Subdivision On-Site Review by Robert Murphy Associates April 2017

 

G. Williamson stated that herself and P. Harding did a site inspection on this land and this was the replication area.

 

P. Harding stated that they had submitted a report by a wetland scientist that seemed favorable but that upon visiting the site it did not look very healthy.

 

G. Williamson stated that the scientist stated that the roots were alive and that it was wetland grass but that on site it looked as though a lot had died out.

 

M. Scott asked how many growing seasons they had been through.

 

P. Harding replied that the Town required three growing seasons but they had requested street acceptance.

 

R. Lowell stated that it does not look established so they were going to say no.

 

M. Scott asked if there was any inspection of the work being done for the replication.

 

P. Harding stated that she thought it was too flooded.

 

R. Lowell stated that the species were not for wetlands; he stated they may want to look at their plans as the Commission was not happy with how it was being established.

 

G. Williamson asked if the Commission wanted to revisit the growth next season.

 

R. Lowell confirmed that and stated they wanted to see how it was being established.  

 

GREENWOOD ESTATES II NOI REVIEW- *continued Quinn Engineering In –

update Stormwater Report date January 13, 2017 Jackson Woods Investment, LLC

 

R. Lowell stated that there was no update on this matter.

 

Motion by M. Scott, seconded by L. Boucher, it was UNANIMOUSLY VOTED TO CONTINUE GREENWOOD ESTATES II NOI/ JACKSON WOODS INVESTMENT LLC TO JUNE 7, 2017. 

 

APPROVAL OF MINUTES – March 1, 2017

 

Approval of minutes was continued to the June 7, 2017 Conservation Commission Meeting.

 

 

Motion by M. Scott, seconded by K. Strom, it was UNANIMOUSLY VOTED TO ADJOURN THE MAY 3, 2017 CONSERVATION COMMISSION MEETING AT 8:10PM.

 

 

 

APPROVED: __________________