Conservation Commission, September 5, 2018
HOLDEN CONSERVATION COMMISSION
1130 MAIN STREET, HOLDEN SENIOR CENTER
MINUTES
September 5, 2018
Members Present: Robert Lowell, Michael Scott, Anthony Costello, Kenneth Strom, David Nyman, Cathy Doherty
Members Not Present: Luke Boucher
Others Present: Julian Votruba, Amanda Malone, John King (Environmental Pools)
Rob called the meeting to order at 7:04 pm
NOTICE OF INTENT - 95 Chapin Road- DEP File # 183-654
Assessing Map 208, Parcel 48. Amanda Malone, rep. John King, Environmental Pools. Installation of an 18' x 36' in-ground pool in the 100-foot buffer of bvw.
R. Lowell opened the public hearing by asking Amanda Malone if she would like to discuss the project. John King spoke for Amanda stating that they would be constructing an 18' x 36' in-ground gunite shell pool with a plastic interior.
John stated that they would have to excavate 8 feet below ground and that it will be a salt water pool. John explained that they use a cartridge filter and that there is no backwash that could release algae. He stated that the water level in the pool would be lowered by 3 inches at the end of the season by using a household pump. The water would be released into an existing storm drain. R. Lowell stated that they need to be concerned about releasing saltwater to a wetland area. John stated that if no storm drain is near the property, the pool water would be discharged within an upland area outside of the 100-foot buffer of any wetlands on the property.
John explained that they will place the pool between the 25-foot no disturb zone and to the south of the existing septic system. R. Lowell asked if there would be landscaping around the pool. John stated that there will be landscaping as well and that they will construct a French drain to direct any water away from the 25 foot no-disturb zone.
R. Lowell asked if they would be re-using excavated material from the pool area for landscaped areas. John responded that they will re-use some of the material but that the majority would be trucked off-site.
R. Lowell asked if the board had any questions for the applicants or comments. G. Williamson stated that there was a good slope from the property into the wetlands and showed the board a photo of the backyard and woods line. R. Lowell asked if there would be any tree cutting, John responded they would need to remove 6 to 10 trees consisting of pines, mountain laurel and maple, none of which are in the 25 foot zone.
D. Nyman asked about the wall to be constructed between the pool and the house. John stated that it would be an 18 to 24" wall and that they would have to slope the yard and install 2 or 3 stairs to come down to the pool area. John stated that they would rather flatten out the area as opposed to building it up because it would be less work and less money for the homeowner. John stated that there may need construct a wall on the far end of the pool as well depending on the topography.
G. Williamson said that her only concern was what type of erosion controls should be required along the 25 foot no-disturb zone. She stated that DEP's comments were that the plan should show the limit of work, the location and type of erosion and sedimentation controls. She stated that she is ok with them not being shown on the plan but that we should add a condition to the orders as to the type and location of the erosion controls. John stated that he is familiar with how to install erosion controls.
M. Scott asked John if he needed a certain distance from the erosion controls in order to get around for the construction of the pool. John stated that they would be coming down the existing driveway with excavation equipment and that they will require approx. 15 feet from the edge of the pool for machine access to do the work. R. Lowell stated that they should keep the erosion controls as close to the work area as possible as opposed to placing the erosion controls at the 25' no-disturb zone. M. Scott stated that either straw wattles or straw bales along with siltation fencing could be used for erosion controls.
The project is subject to the following conditions; Construction activities must remain as close to the pool as possible. Erosion control barriers must be installed 15 feet to the north of the 25-foot no disturbance line; pool water discharge may not occur within the resource area nor within the 100-foot buffer of the resource area.
Motion by D. Nyman, seconded by R. Lowell, it was UNANIMOUSLY VOTED TO CLOSE THE NOTICE OF INTENT FOR 95 CHAPIN ROAD, HOLDEN, DEP FILE # 183-654.
REQUEST FOR DETERMINATION OF APPLICABILITY - 502 Bailey Road, Assessors Map 208, Parcel 3. Roger and Mary Eaton. Septic system repair and associated grading in the 100-foot buffer and the 200-foot riverfront area. Julian Votruba with NEED representing the homeowner.
Julian stated that they have a septic repair and pointed out the existing home, existing septic, the well and the proposed location for the new septic. Julian stated that there was only one spot in the backyard where they could put the new leaching area. Julian stated that there is some leach area breakout grading required in the 100-foot buffer. He stated that there were no trees that would have to be removed for the new construction.
R. Lowell asked if the stream was intermittent of perennial, Julian stated that it is a perennial stream. Julian stated that a tight tank would not be an alternative to the proposed project.
R. Lowell asked how many bedrooms were in the house. Julian stated that it is a four bedroom home. Julian stated that he is proposing erosion controls around the entire work area. Julian stated that the property was very flat and that very little grading would be required.
R. Lowell asked Julian how they would be handling the excavation, if materials would be taken off site. Julian stated that they would access the back yard by the existing driveway and that there are no trees in the way. Julian stated that soils from the old septic would be used in the break out area and that sand would be brought in for the new septic.
R. Lowell asked if the new septic would be above grade, Julian stated that it would be approx.. two feet above grade. Julian stated that they have very good soils and that groundwater was estimated at 48-inches. Julian stated that they would be replacing the existing 1000 gallon tank with a 1500 gallon tank. R. Lowell asked if it would be grassed over the top of the septic, Julian stated yes.
M. Scott made a motion to issue a negative determination with conditions that the erosion control barriers be installed as depicted on the plan and that the old tank is removed as described on the final plan.
Motion by M. Scott, seconded by D. Nyman, it was UNANIMOUSLY VOTED TO ISSUE A NEGATIVE 3 DETERMINATION FOR 502 BAILEY ROAD, ROGER AND MARY EATON, SEPTIC SYSTEM REPAIR WITHIN THE 100-FOOT BUFFER AND THE 200-FOOT RIVERFRONT AREA.
EXTENSION OF TIME - 969 Salisbury Street - 183-613 - Senharip Tanoglu
Assessing Map 250, Parcel 37. Patrick Burke, HS&T Group. Single family home, driveway, pool and septic.
R. Lowell asked about the status of the lot, if the site is currently stabilized. G. Williamson stated that the tress on the upland portions of the lot have been cut at the base, but stumps have not been pulled out yet. M. Scott asked if the logger has gone beyond the limits of the upland areas into wetland resource areas. G. Williamson stated no.
R. Lowell asked when the current Orders expired, G. Williamson stated November 30th, 2018. The board agreed to extend the Order for a period of one year as opposed to two years and requested that the applicant provide an update to the Commission on the status of the project at the end of the extension period.
Motion by R. Lowell, seconded by C. Doherty, it was UNANIMOUSLY VOTED TO ISSUE A ONE YEAR EXTENSION OF TIME TO NOVEMBER 2019 FOR PROPERTY OWNED BY SENHARIP TANOGLU LOCATED AT 969 SALISBURY STREET// 183-613.
REQUEST FOR CERTIFICATE OF COMPLIANCE - 183-631 Assessors Map 164, Parcel 10. Lot 17, 11 Patriot Way, Wachusett Woods/Greenstone Realty. Single Family home and driveway within the 100-foot buffer.
R. Lowell asked G. Williamson if she had a chance to look at the property, she stated yes, she did a site inspection on August 29th. She stated that the grass was growing well but that the straw mulch was still visible and that there were bare areas on portions of the lot. G. Williamson showed the board some photos of the lawn surrounding the home. R. Lowell asked if the home was for sale. G. Williamson stated yes, that it is a brand new home.
R. Lowell asked where the wetland was, G. Williamson stated it was in the wooded area behind the lot. G. Williamson stated that one of the conditions in the order was that the applicant must install a permanent demarcation along the back of the sewer line easement that crosses the back of the lot. She stated that the builder had placed large boulders along the back edge of the sewer easement. Also, as required in the order, the applicant provided the commission with a final as-built plan showing the lot lines, grading, house, resource areas, buffer zones and sewer easement.
K. Strom asked where the lot was located, G. Williamson stated that it is the lot located at the corner of Freedom Lane and Patriot Way.
After reviewing the photographs and discussing the nature of the lot, the board agreed that the site is not stabilized sufficiently at this time and that they would review the site again at their Wednesday, October 3rd public hearing.
Motion by D. NYMAN, seconded by M. SCOTT, it was UNANIMOUSLY VOTED TO NOT ISSUE THE CERTIFICATE OF COMPLIANCE REQUESTED BY GREENSTONE REALTY, LLC FOR 11 PATRIOT WAY/ WACHUSETT WOODS SUBDIVISION, DEP FILE NUMBER 183-631.
REQUEST FOR CERTIFICATE OF COMPLIANCE - 183-181 Assessors Map 132, Parcel 91. 21 Thayer Circle. C.B. Blair Development, Inc. Single Family home and driveway within the 100-foot buffer.
G. Williamson explained that the home is currently for sale and that they could not close until a Certificate of Compliance is issued. She stated that the home was built under an existing Order of Conditions that was issued in December of 1993 for Greenwood Estates.
C. Doherty asked about the location of the home. G. Williamson explained to the board that the property is the third house on the right off of Thayer Circle and that the two newer homes were located at the end of the cul-de-sac on the left.
R. Lowell asked if the lot was established. G. Williamson stated yes.
Motion by C. DOHERTY, seconded BY R. LOWELL, it was UNANIMOUSLY VOTED TO ISSUE THE CERTIFICATE OF COMPLIANCE REQUESTED BY JOSEPH AND DENISE CHASSE FOR 21 THAYER CIRCLE/DEP FILE NUMBER 183-181.
DISCUSSION - 196 Chapel Street Violation
R. Lowell asked about what was happening at 196 Chapel Street. G. Williamson replied that she had received a voicemail from Meghan Selby with MA DEP stating that she had received a phone call from an anonymous resident reporting that work was being conducted in wetland resource areas on the property without authorization from the Commission.
G. Williamson stated that she did a site inspection to the property on Tuesday September 4th. She stated that she identified herself as the Conservation Agent with the Town and introduced herself to the property owner, Michael Truong. She stated that they walked down the driveway behind the house to the middle portion of the lot where the work occurred.
G. Williamson stated that the property owner said that they removed many truckloads of old building materials from along the edge of the bordering vegetated wetland. The building materials consisted mostly of large pieces of steel reinforced concrete.
G. Williamson stated that there was a large area of disturbed soils in the buffer zone along the edge of the wetland, but that there was no direct impact or filling of the resource area. She showed the board photographs of the disturbance near the wetland area showing exposed boulders and remaining building debris.
M. Scott asked if there was an existing building and tennis court near the wetland area at the back of the lot. G. Williamson stated that there was not a tennis court, but there is a large white garage located along the northern property boundary, approximately 50 feet from the wetland boundary.
G. Williamson told the board that she told the property owner that they were supposed to file a permit with the Commission to do the work and that the property owner said that they didn't do anything wrong. G. Williamson asked their opinion on the enforcement order, what the quickest way to stabilize the site would be and how to proceed at this point. R. Lowell stated that having the property owner's co-operation was important.
R. Lowell asked if the area on the property was a mapped resource area. G. Williamson stated yes, that the area was shown on the wetland layer of the Towns property database.
G. Williamson stated that she would follow-up with a letter to the homeowner requesting that they install erosion controls along the edge of the resource area and that they stabilize all disturbed areas as soon as possible.
R. Lowell stated that we need to find out their future plans on the property and if they will be doing any more debris removal in the area. The board agreed that the homeowner may have to file an RDA or a NOI for the work that was already completed. This agenda item will be continued to the Commissions Wednesday October 3rd public hearing for further discussion.
DISCUSSION - Mt. Pleasant Ave. Bridge Repair - Holden DPW
G. Williamson explained that the DPW wanted the Commission to be aware that work on the bridge repair would be conducted within the next couple of months. She stated that the bridge is located at Mt. Pleasant Ave and the Asnebumskit River.
G. Williamson stated that she had discussed the project with Isabel McCauley, DPW Engineer on the previous day. Isabel stated that there is a considerable amount of scouring that had occurred along the underside of the corrugated metal footing and that the undermining was concentrated along the middle third of the abutment length.
G. Williamson showed the board a copy of the plan and report that was prepared by the engineer, VHB. The report stated that VHB recommends "the placement of grout bags along the east abutment to maintain integrity of the substructure and prevent further undermining of the footing". The report recommended that grout be injected behind the bags to fill the undermined area beneath the footing.
R. Lowell asked if the engineer would be doing any dewatering prior to the repair. G. Williamson stated no, that the concrete could be poured underwater.
G. Williamson stated that the work is exempt under the Wetland protection Act for "maintenance on existing structures". The Holden DPW will be putting together a memo to the Commission detailing the nature of the work and the approximate start date.
FOREST CUTTING PLAN - CH. 132 - 21 Acres off Harris and Paul Streets. DCR Property.
G. Williamson stated that the Forest Cutting Plan was received for forestry work on DCR's 21 acre parcel located to the east of Harris St.
The Natural Heritage and Endangered Species Program (NHESP) was sent a copy of the forest cutting plan by the applicant. The NHESP response letter, dated August 23rd, 2018, stated that "the operation of motorized vehicles site-wide shall be conducted only during the time period beginning November 15 and ending March 15th of any year". The letter stated that the resource areas and upland areas surrounding the resource areas are classified as known wood Turtle habitat.
R. Lowell asked if we should vote on the Forest Cutting Plan. G. Williamson stated no but that the board had ten days to submit any comments to the state in regard to the Forest Cutting Plan.
A. Costello mentioned that the start date indicated on the Forest Cutting Plan had not been revised to meet the Time of Year restriction imposed by the NHESP.
G. Williamson is to submit comments to Mike Downey, the Regional Forester stating that the Commission is in agreement with the time-of-year restriction imposed by the NHESP, stating that work should occur only from November 1 to March 15th.
Holbrook Parking Area - Salisbury Street
G. Williamson asked A. Costello for an update on the RDA for the Holbrook Parking Area. A. Costello stated that the trees would be cut on Saturday and that they are all small saplings (i.e. 4 to 5-inch diameter) to be removed.
The Holden DPW sprayed the area for poison ivy approximately two months ago.
A. Costello stated that the work has gone out to bid and that White Oak is waiting for the bids to be returned. A. Costello stated that they would use a contractor to install the drainage pipe parallel to the parking area and Salisbury Street.
APPROVAL OF MINUTES - June 6, June 27th, 2018
Hold until next meeting date in October.
G. Williamson reported that the next public hearing for the Commission would be on Wednesday, October 3rd, 2018.
Motion by M. SCOTT, seconded by C. DOHERTY, it was UNANIMOUSLY VOTED TO ADJOURN THE SEPTEMBER 5th, 2018 CONSERVATION COMMISSION MEETING AT 8:13 PM.
APPROVED: __________________