Conservation Commission, February 6, 2019
HOLDEN CONSERVATION COMMISSION
1130 MAIN STREET, HOLDEN SENIOR CENTER
MINUTES
February 6, 2019
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Members Present: Robert Lowell, Kenneth Strom, David Nyman, Cathy Doherty, Luke Boucher, Mike Scott.
Members Not Present: Anthony Costello
Others Present: Glenda Williamson, Conservation Agent; Bob Connor, Mill Street; Sean Xenos, Bullard Street; Craig Bacon, Greenwood Estates.
R. Lowell called the meeting to order at 7:01 PM.
REQUEST FOR DETERMINATION OF APPLICABILITY - 105 Mill Street.
Bob and Michelle Connor. Assessing Map 76, Parcel 21. The reconstruction of an existing side wing of the home, to be replaced with a 20 x 24 two story addition with a basement. Work is located within the 100-foot buffer of an intermittent stream and 200-foot buffer of a pond.
Bob Connor was present to discuss the project. He stated that there is currently a long and narrow single room at the back of the home that they would like to shorten and widen and go up another story. He said that they needed to add a basement for storage. The corner of the new structure would be located 58 feet from the edge of the intermittent stream and 70 feet from the small pond. Bob stated that their intention is to place siltation fencing around the work area to protect the stream. Soils excavated for the new basement area would be taken off-site.
G. Williamson stated that there was an enforcement order on the property years ago when the previous owner constructed a dam across the stream to create the small pond. The pond and stream were left in place since there were native trout present. R. Lowell asked about the slopes surrounding the home. G. Williamson stated that the yard slopes down to the stream. Bob stated that the new structure will be located further away from the stream than the existing structure.
M. Scott asked the location of the existing septic on the lot. Bob stated that the septic was not anywhere near the proposed work. M. Scott asked if they were going to grass the area behind the new addition. Bob replied yes, that they plan to loam and seed the entire disturbed area after construction is complete. R. Lowell stated that there is a 25-foot no-disturb-zone adjacent to the stream and the pond where no work or disturbance is allowed. R. Lowell said to leave a natural buffer within these zones. L. Boucher suggested that they keep the erosion controls in place until the lawn is established. The Commission added the following conditions; 1. erosion controls to be installed along the 25-foot no-disturb-zone, 2. loam and seed the lawn area to stabilize and 3. excavated soils to be disposed of off-site.
Motion by D. Nyman, seconded by C. Doherty, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING. MOTION BY L. BOUCHER, SECONDED BY M. SCOTT TO ISSUE A NEGATIVE 3 DETERMINATION WITH CONDITIONS FOR DETEMINATION OF APPLICABILITY (DOA), 105 MILL STREET, BOB AND MICHELLE CONNOR.
BULLARD STREET LOT 1
G. Williamson stated that she received a call from Meagan Selby with DEP to meet her at the Bullard Street lots, stating that soils from the Bullard Street development were being carried off site by high velocity flows resulting from snow melt, heavy rain and frozen ground conditions. The sediment-laden water was flowing down Bullard Street below the construction site and running into a perennial stream near the intersection of Harris Street. G. Williamson stated that days before the release, the site contractor, Mike Bates had cleared and graded the driveway entrance to Lot 1 and that there were not sufficient check dams and erosion controls installed at that time. She stated that Mr. Xenos met them at the site and took immediate action to contain the runoff. His contractor excavated a small basin at the end of the driveway to hold the water and had truckloads of stone brought to the driveway entrance to slow the flows.
R. Lowell asked if there were any changes to the development plans as a result of the violation. She stated yes, that all work on the development had been stopped until erosion controls were properly installed and the site was more sufficiently stabilized. Erosion control measures included the construction of stone construction entrances, the installation of silt sacks in the catch basins and the placement of rip rap check dams and berms along drainage channels.
Sean stated that some areas of bordering vegetated wetlands on DCR’s property along the perennial stream had been impacted with the accumulation of sediments in small areas. A heavy sediment load during the short duration release entered the river and was carried downstream; the stream is a cold-water fishery approximately 200 feet down from its intersection with Bullard Street. The Commission issued an enforcement order that called for an impact analysis and restoration plan from a qualified wetland scientist.
G. Williamson stated the DEP requested Mr. Xenos file a Notice of Intent for Lot 1 to replace the previous RDA for the Lot since a resource area was impacted and this is a requirement under the MA Wetland Protection Act. The DEP recommended various erosion control solutions for the development, including stone construction entrances, rip-rap check dams and straw wattles to prevent runoff to Bullard Street.
GREENWOOD ESTATES II - Jackson Woods Investments- Union Street
G. Williamson stated that the DEP reviewed the 401 Water Quality Certification and increased the culvert size on wetland crossing number one from 48 inches to 60 inches. Craig Bacon, the site manager, was present at the meeting. He indicated the changes to the calculations and plans. The culvert would be embedded into the stream channel and filled with natural substrate. As a result of the change, the overall temporary impacts increased and the permanent impacts (fill), decreased. The developer provided alternatives to the crossings as well. G. Williamson stated that the DPW and planning board requested that Quinn Engineering provide input to the Commission on the changes to the crossing. The Commission expressed concerns in regard to stabilizing the slopes above and below the culvert crossings, the flow velocity and any possible utility conflicts.
R. Lowell asked if the permanent basins would be utilized as temporary storage areas. Craig stated that they would use permanent basins for temporary storage during construction and that they would be maintained as needed. Craig stated that they would use rip rap check damns along the main drainage channel to basin 1-5 to slow flows and trap sediments.
Mr. Bacon stated that diversion channels and temporary pipes would be constructed and installed to catch flow from the higher areas and directed to the stormwater basins. D. Nyman stated that they should be using temporary erosion controls on areas that were cut, stumped and rutted.
R. Lowell stated that an amended Order of Conditions would require a new legal ad and abutter notification. The Commission was in agreement that the changes to the wetland crossing number one is minor in nature and that there were fewer total permanent impacts. The US Army Corps of Engineers will also require mitigation for the wetland crossing impacts.
G. Williamson stated that in Phase I there were 19 lots that would require individual Notices of Intent. She stated that 5 or 6 Lots can be included on one NOI form, each with their own DEP File #. These lots are grouped together based on the proximity of the developed portion of the lot to the resource area and proposed activities within the buffer zone.
PROJECT UPDATES
18 Industrial Drive
G. Williamson stated that she met on-site with Gary Kaczmarek, the Town’s engineer overseeing the project. The old facility had been completely demolished and the materials taken off-site for disposal. She inspected the perimeter erosion controls and asked Gary to maintain them as needed until site construction was complete and soils stabilized. Gary stated that there was still a small amount of remediation work to be done. Gary stated that they received a beneficial use determination from DEP to have the construction materials removed. G. Williamson asked Gary to post the DEP File # sign in front of the site. She will re-check the erosion controls in early June.
109 Arizona Ave
G. Williamson stated that the applicant was waiting on the 401 Water Quality Certification from DEP. The 401 was required since they will be crossing two small streams that are considered Outstanding Resource Waters (ORW's). She stated that during a heavy rain event, flow from the first stream was re-directed toward the second stream due to the placement of hay bales and rock at the stream outlet. DEP was aware of this but did not object as long as the flow patterns are re-established after the culverts were installed.
Lot 3 Chapin Road
G. Williamson stated that DEP issued the 401 Water Quality Certification, dated January 28th, 2019. She asked Neil Gorman, the project engineer with David E. Ross Associates, to copy the Commission on everything that they are required to submit to DEP. She stated that DEP requested that they retain a professional engineer to monitor the erosion controls and the driveway crossing. She stated that the conditions in the certification were standard for the wetland crossings and wetland replication/monitoring and reporting requirements.
Lot 4 Salisbury Street
G. Williamson stated that she received a call from the resident, Ron Rogers, across the street from Lot 4. Ron stated that the culvert that was installed across the driveway of lot 4 was causing water to back up into Salisbury Street and his front yard. She stated that she met with Ron to discuss the flooding issue and that she would contact the owner of the Lot to request that he re-install the culvert to a lower elevation so that uphill flows would be directed into the culvert. She stated that a one-year extension was issued and that his current Order of Conditions expires in November of 2019. G. Williamson stated that Mr. Tanoglu is very difficult to contact and that she did not know what his intentions were for starting construction on the home. The DPW is requiring Mr. Tanoglu to repair the existing culvert and to apply for a street entry permit. The site is very rocky and stabilized with herbaceous species. She stated that she would try to contact the applicant to inquire about his intentions to start construction on the home. C. Doherty asked what would happen if the Commission did not issue another extension on the current Order. R. Lowell said that the applicant would have to re-file a new Notice of Intent and might have to apply for a Construction General Permit (CGP).
Lots 43, 44 and 45 Jordan Road
G. Williamson reported that she had received a call from the father of the resident at 37 Jordan Road (Lot 45). He stated that water was leaking into the basement thru the bulkhead and requested that she do an inspection on the property. She stated that during the inspection, she told him that the water issues were not a conservation issue and that the current Order of Conditions on the lot had expired. She suggested that he work with the developer to have any issues, i.e. grading and drainage, resolved. She told him that she would issue the final Certificate of Compliance for the lot as soon as possible.
G. Williamson stated that she had recorded orders for Lots 43, 44 and 45 and that she would make site inspections and add the final Certificates of Compliance to the next meeting agenda. She stated that the majority of the resource area lots had recorded Orders and that final COC's needed to be issued for those lots.
Quinapoxet Transfer Pipeline- Worcester DPW
R. Lowell asked is the applicant would be submitting a Notice of Intent for the Phase I contract. She stated that the Phase I work did not require a NOI since the work was exempt under the MA Wetland Protection Act.
Board Member Re-appointment
G. Williamson stated that the Town re-appointed Anthony Costello to the Conservation Commission Board for a period of three more years.
MACC Annual Conference
G. Williamson asked if any of the members were planning on attending MACC's annual conference. She asked the members to let her know if they would be attending and that she needed to know the units they would like to take so that she could register everyone on time.
Conflict of Interest Training
G. Williamson stated that everyone was required to complete the on-line conflict of interest training and are required to return the completion certificate to the Town Clerk's office by date indicated on the memo.
2018 Annual Town Report
G. Williamson stated that she completed the Commission's section of the annual town report and forwarded it to the Town Clerk.
FOREST CUTTING PLAN - CH. 132 - 67 Acres. Manning and North Streets
G. Williamson stated that the DCR issued the final 1-year extension on this plan and that forestry work would begin soon.
MINUTES
December and January minutes are still being reviewed and would be added to the next meeting agenda for approval.
Motion by L. BOUCHER, seconded by K. STROM, it was UNANIMOUSLY VOTED TO ADJOURN THE FEBRUARY 6TH, 2019 HOLDEN CONSERVATION COMMISSION MEETING AT 9:32 PM.
APPROVED: __________________