Con Com Meeting Minutes

HOLDEN CONSERVATION COMMISSION

1130 MAIN STREET

September 2, 2015

Members Present: Matt Kennedy, Anthony Costello, Kenneth Strom, Michael Scott

Members Absent: Mike Krikonis, Luke Boucher, Robert Lowell

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

Others on Sign in: Mr. Iqbal Ali, Fisher Terrace, Patrick Burk

M. Kennedy called the meeting to order at 7:17PM.  He stated that there was a quorum for the meeting.

EXTENSION OF TIME- Fisher Terrace Phase I- DEP File #183-459

Patrick Burk was present on behalf of Fisher Terrace.  He stated that they had provided some changes and updates and outlined these changes to the Board.  He stated that they were requesting a 9 month extension in order to pour foundation and build up the buildings so they were positioned to move forward in the spring.  He stated that they had submitted the new paperwork and that the extension is a more conservative line.

M. Kennedy asked if the wetlands line that was requested by the Commission was one of the changes.

Mr. Iqbal Ali, Fisher Terrace stated that it was a line reviewed by Eco Tech.  P. Harding stated that Eco Tech had reviewed the old flags; not the new ones.

P. Burk stated that they were old flags and that the bank was relocated.  P. Harding replied that he (Glen Krevasky) did not reflag until after Paul McManus, Eco Tech review.  She stated that G. Krevasky did not flag until after and that the Town had not reviewed those yet.

I. Ali stated that when they walked the property there was other problems at one end near the crossing.  P. Harding replied that the hay bale was at the other end. She stated that the foundations for 7 & 8 were moved closer to the road.   She stated that when they were digging the foundation they nicked the drain pipe that was draining into the detention pond.  She stated that at this point they don’t know if the pipe or the foundation was in the wrong location.   

P. Burk showed the Commission the location on his plans.  I. Ali stated that the pipe was in wrong and that they had subsequently moved the pipe. 

P. Harding stated that the foundations for 7 & 8 were now in.  She stated that 25, 26, and 27 were in the process of going in and that 4, 5, & 6 still needed to go in.

I Ali stated that 4, 5, & 6 in addition 13 & 14 still needed to go in.

M. Scott stated that there were three series of flags on the property.  He asked which colors were originally approved.  P. Burk replied blue.

M. Scott asked if the most recent, green, had been walked yet.  M. Kennedy asked if the orange was Eco Tech.  P. Harding replied yes.  M. Kennedy stated that the blue line used to go further then the green.

A Costello stated that the blue line used to go to the street.  M. Kennedy asked if that was for Phase II. 

P. Harding stated that there was a street there as well.  I. Ali replied that what they were looking at was Phase II. 

M. Scott asked about the plans that they had provided in order to reorient himself and the Commission with the project.

P. Harding stated that if the Commission agreed to extend the time, she recommended having the new flags peer reviewed before anything else was set in stone.

M. Kennedy stated that they could extend the project for a month and have P. McManus of Eco Tech peer review.

P. Burk asked if it would make sense to have P. McManus review the bank as well.

M. Kennedy asked if they could look at the wetland line too.  P. Harding replied that they could. 

A Costello asked if the plan that he was looking at was correct for 7& 8.   P. Harding replied that it was not.

M. Kennedy stated that they moved once the digging began.  P. Harding replied that they did and they changed the foundation lay out and moved it closer to the road. 

M. Kennedy asked about the status of the building permit.  P. Harding replied that there were a few issues regarding which plans were being used, hydrants, and things like that in addition to the fact that the orders were expiring so they did not want to issue a permit right before they expired. 

 M. Kennedy asked if a NOI would need to be done in order to do work if the plans expired.  P. Harding replied that it would. 

M. Kennedy asked if the Commission was comfortable with the wetlands. 

M. Scott asked about the driveways.  P. Harding replied that there was fill at the end of the driveway where the units were going to be located.

K. Strom stated that he was not seeing a lot of grading.  He asked what the grade of the road was and where it was draining. 

P. Harding replied that she believed this information was on the original plan.

M. Kennedy stated that the light gray was what was built; the dark still needed to be made and he asked about the road.

P. Burk replied that it was on the original plan. 

M. Scott asked if they were going uphill gradually and pointed out the location of the catch basin. I. Ali confirmed that what M. Scott had outlined was correct.

P. Harding stated that for some reason the outlet was moved from the original design.

M. Kennedy stated that he still did not see a lot of contours on the road; he did note that he saw spot grades.  

P. Burk replied that they had the complete package with the original design. 

P. Harding said that she did not see the culvert that was installed.  (c-40 was the flag)

I Ali replied that it was there. 

A Costello asked if there was a trench drain or just the pipes.

M. Scott showed where it was labeled. 

K. Strom asked where the drainage went.

P. Burk stated that it runs down.  M. Scott said a gradual pitch.

P. Harding said that she did not see it.  M. Scott replied that it had to and that the area was not under contention, it really just was where the green was. 

M. Kennedy stated that they did not want to extend with the old wetland lines. 

M. Scott asked if it changed dramatically.  P. Harding replied that it was pretty dramatic and it was not peer reviewed. 

A Costello stated that there was no doubt that there were wetlands up in that direction.

M. Kennedy asked if it made sense to extend the project for a month and ask for the wetland lines to be reviewed. 

A Costello stated that there was fill stacked up where the extension is going to be.  He stated that behind the fill there was wetland and he asked what was protecting the p series wetland from the fill.

P. Burk replied that there was hay bales all the way around. 

A Costello asked if they were the original hay bales.  I. Ali replied that they had replaced them.  P. Harding stated that they had also put waddles in.

I Ali stated that it was along the old hay bale line.  P. Harding stated that they were put in about a month ago and there was wooden stakes as well.

K. Strom asked for a 20 scale of the plans. 

P. Harding replied that was one of the issues that the Town was having; there were so many different versions of the plans circulating and everyone had a different one. She stated that she would like to see the outlet to the pond finished before the winter.

A Costello asked how they were going to solve the access to the replication area.  P. Burk replied that they were going to complete the access.  I. Ali stated that it was scheduled to happen tomorrow (September 3, 2015).  

M. Kennedy stated that they needed a complete package of the plans that show what the applicant wanted or they could let it expire and come back with a new set of plans. 

I Ali replied that he wanted to finish it.  

Motion by M. Scott, seconded by A. Costello, it was UNANIMOUSLY VOTED TO APPROVE AN EXTENSION OF ONE MONTH TO THE OCTOBER 7, 2015 CONSERVATION MEETING FOR FISHER TERRACE PHASE I, DEP FILE #183-459 IN ORDER TO ALLOW TIME TO REVIEW ANY REVISIONS TO THE WETLAND FLAGS IN ADDITION TO HAVING THE APPLICANT PROVIDE FULLY COMPLETE PLANS. 

P. Harding told I. Ali that peer review money was needed and she would send him a quote.  I. Ali agreed. 

The Commission discussed the building permits for the property.  P. Harding asked about the pond as well.  There was not objection to building permits being issued with the pond being fixed first.

VIOLATION- Order of Conditions- Mt. View Middle School

P. Harding told the Commission that the wetlands had not been cleared yet; however there is a redesign and once it is installed and fixed, they can remove the impacted soil from the wetlands.

M. Scott asked what had washed out.

P. Harding replied that it was the violation that she had brought up a few months ago.   She stated the original grades from the design plans were incorrect so the outflow was built too high and the ware washed out, broke in half and soil eroded into the wetland system.  She stated there was no soil testing done and it was rock.  P. Harding stated that she was waiting on a report and that she had received an update that there was rock outflow where the pond was located and that it didn’t hold it, it just eroded out.

K. Strom asked if the rock wasn’t heavy enough.  P. Harding replied that they were saying that it was virgin soil under the apron. 

M. Kennedy stated that he didn’t believe it was virgin soil; that it was probably fill soil they added. 

K. Strom asked who the contact person was.  P. Harding replied that it was Gary Kasmarick. 

M. Kennedy asked what the Commission should be doing.  P. Harding replied nothing at the moment and they were exploring whose was at fault.   

M. Scott asked if this was the new side of the pond.  P. Harding replied that it was the same location but a different violation reason.  She stated it was a design failure and there were two blow outs when the project was started a year ago.

Order of Conditions- Amendment 231 Bailey Road DEP File #183-579- Lavallee

P. Harding stated that this was the property that had appeared for relocating the driveway.  She stated the neighbor had an order to put in a proposed garage but now he wanted to bring fill over from one place to the other and grade the backyard. 

M. Kennedy asked the location of the wetlands.  P. Harding replied that they were the river front.

M. Kennedy stated that they would need to reopen the public hearing as this was a significant change. 

M. Scott asked if the area was wooded.  P. Harding replied that most of it was.

M. Kennedy stated that he didn’t believe what the applicant wanted to do was allowable under the Rivers Protection Act.   He stated that the applicant needs to re-file and that P. Harding could give him some guidance because the way that it is currently filed would not be allowable.

The Commission and P. Harding agreed that the sq. footage calculations shown were incorrect as well. 

Extension of Time- J & K Ventures 2451 Main Street DEP File #183-503

P. Harding stated that this was the addition to the commercial building on Main/ Bond; the extension of the parking lot and addition to the commercial space.  She stated that they had paved it beyond the foot print that was allowable.

M. Kennedy asked if an enforcement order was needed.  P. Harding stated that it was not laid out and suggested doing an as built for the parking area to find out what was done.

M. Scott asked if the order was about to expire.  P. Harding stated that it was.  She stated that they took the sidling off.

M. Kennedy asked if the town was fine with the plans.  P. Harding stated that they were and they are just unsure what the difference was between what was filed and the work that was done.

M. Scott stated that there was a funny drainage system in the back.  P. Harding stated that they had asked for that spread as well.

M. Kennedy asked if he needed to file for the building permit.  P. Harding stated that he did need to and that is probably why he is asking for the extension.

Motion by M. Scott, seconded by A. Costello, it was UNANIMOUSLY VOTED TO APPROVE AN EXTENSION OF TIME FOR J & K VENTURES 2451 MAIN STREET DEP FILE #183-503 FOR 60 DAYS AND TO ASK FOR AN AS BUILT REGARDING THE PARKING AREA.

APPROVAL OF MINUTES

No minutes provided.

CHAPTER 61A- Request for Release- 506 Reservoir Street Elaine Drawbridge- Lot 2

P. Harding stated that it was a single family home with an existing ANR and now they wanted to sell.  She stated that the Town had already released the abutting lot.

M. Scott asked if one house had already been built.  P. Harding replied that they had.

P. Harding stated that they needed to pay 5 years of back taxes in order to release the property.  She stated that the Purchase and Sale was for $60,000.   She stated that the Commission was making a recommendation to the Board of Selectmen regarding this land.

M. Scott asked if it was lot 2.  P. Harding replied that it was and that there was an order of condition on the lot.

Motion by K. Strom, seconded by M. Scott, it was UNANIMOSLY VOTED TO INFORM THE BOARD OF SELECTMEN THAT THE CONSERVATION COMMISSION HAD NO INTEREST IN THE 61A LOT AT 506 RESERVOIR STREET LOT 2. 

Motion by K. Strom, seconded by M. Scott, it was UNANIMOUSLY VOTED TO ADJOURN THE SEPTEMBER 2, 2015 CONSERVATION COMMISSION MEETING AT 8:03PM.

The September 2, 2015 meeting minutes were approved at the October 7, 2015 meeting of the Conservation Commission