Conservation Commission, October 3, 2018
HOLDEN CONSERVATION COMMISSION
1130 MAIN STREET, HOLDEN SENIOR CENTER
MINUTES
October 3, 2018
Members Present: Robert Lowell, Anthony Costello, Kenneth Strom, David Nyman, Cathy Doherty, Luke Boucher
Members Not Present: Mike Scott
Others Present: Glenda Williamson, Conservation Agent, Brain McGurl, Cynthia McGurl, Scott Morrison, Glenn Krevosky, Arthur Allen, Jim Vartanian, Mike Truong, Wayne Curran, Tim Egli, Will Egli.
R. Lowell called the meeting to order at 7:03 PM
REQUEST FOR DETERMINATION OF APPLICABILITY - Lot 1, 643 Bullard Street. Assessors Map 134, Parcel 18. Sean Xeons/John Finlay. Single family home, driveway and septic. Grading for a septic system leach field in the 100-foot buffer of a BVW.
Scott Morrison with Eco-Tec stated that he was present to discuss the development plans for Sean Xenos and John Finlay for the lots off of Bullard Street. Scott explained that the lots are located across from the Harris Street intersection. Sean Xenos purchased 7 lots along Bullard Street and has development plans for the first four lots.
Scott indicated the location of an off-site perennial stream and the locations of the other wetlands in relation to Lot 1. Scott stated that the house and driveway were located outside the 100-foot buffer zone, but that a small portion of the grading for the leach field was located in the buffer area.
Scott stated that they are proposing erosion controls along the rear property line and wrapping around to the driveway. R. Lowell asked about the current condition of the property. Scott stated that the lots were all forested at this time, except for an old driveway and open area where some old structures had been demolished.
Scott showed the Commission a plan showing all of the lots. R. Lowell asked if all of the lots were going to have septic systems. Scott stated yes but that there was public water along Bullard Street.
R. Lowell asked if there was a back-up area for the leach field. Scott stated yes, the expansion areas are near the primary leach field. R. Lowell asked for comments from the Commissioners. D. Nyman asked about the 200-foot protection zone line on the plan. Scott explained that there was a 200 and 400-foot protection zones under the Watershed Protection Act.
D. Nyman stated that Lot 2 plan shows a 100-foot subsurface drain offset, but that this offset is not shown on the plan for Lot 1. Scott stated that they would add this offset line to the plan for Lot 1. Scott stated that this was a Title 5 requirement, not a wetland issue.
K. Strom asked about why the driveway was running parallel to the street. Scott replied that a more perpendicular alignment would present a traffic hazard because of the Harris Street intersection.
G. Williamson stated that the project could receive a Negative 3 determination for work in the buffer zone only. R. Lowell asked if the area along the driveway would be grassed. Scott stated yes.
There were no comments from the public for Lot 1.
The Commission added the condition to require a permanent demarcation along the area adjacent to clearing within the buffer zone.
Motion by L. Boucher, seconded by K. Strom, it was UNANIMOUSLY VOTED TO ISSUE A NEGATIVE 3 DETERMINATION, SEAN XENOS LOT 1, 643 BULLARD STREET, GRADING FOR SEPTIC SYSTEM LEACH FIELD WITHIN THE 100-FOOT BUFFER.
REQUEST FOR DETERMINATION OF APPLICABILITY - Lot 2, 643 Bullard Street Assessors Map 134, Parcel 18. Sean Xenos/John Finlay. Single family home, driveway and septic. Grading for a septic system leach field in the 100-foot buffer of a BVW.
Scott stated that there was a bordering vegetated wetland at the back of the lot and there would be minor amounts of grading within the 100-foot buffer. He stated that erosion controls would be installed as a limit-of-work barrier and to protect downgradient resource areas.
L. Boucher asked if the Commission could condition a permanent demarcation at the erosion control barrier under a Negative determination. R. Lowell responded yes. L. Boucher stated that it would protect the remainder of the site from future encroachment.
The Commission added the condition that a permanent demarcation (i.e. boulders) be installed along the limit of work
Motion by L. Boucher, seconded by K. Strom, it was UNANIMOUSLY VOTED TO ISSUE A NEGATIVE 3 DETERMINATION, SEAN XENOS LOT 2, 643 BULLARD STREET, GRADING FOR SEPTIC SYSTEM LEACH FIELD WITHIN THE 100-FOOT BUFFER.
REQUEST FOR DETERMINATION OF APPLICABILITY - Lot 4, 643 Bullard Street HCC-0118 Local Bylaw. Assessors Map 134, Parcel 18. Sean Xenos/John Finlay. Single family home, driveway and septic. Grading for a septic system leach field in the 100-foot buffer of an isolated wetland.
Scott stated that the wetland located near lot 4 is an isolated wetland containing a shallow farm pond. He stated that approximately half of the driveway and associated grading is located within the 100-foot buffer of the isolated wetland. He stated that they would be installing erosion controls to mark the limits of work.
R. Lowell asked why the house was proposed so far back on the lot. Scott stated that this was for privacy and to avoid the need for a pumped septic system. L. Boucher asked about the footing drains, stating that they all point toward the adjacent lot.
R. Lowell stated that recharging roof runoff could be included in the design. Scott stated that he would mention infiltration options to the developer.
The Commission added the condition that a permanent demarcation (i.e. boulders) be installed along the back of the lot at the 100-foot buffer zone line.
Motion by L. Boucher, seconded by D. Nyman, it was UNANIMOUSLY VOTED TO ISSUE A NEGATIVE 3 DETERMINATION UNDER THE TOWN OF HOLDEN WETLAND BYLAW, SEAN XENOS LOT 4, 643 BULLARD STREET, GRADING FOR SEPTIC SYSTEM LEACH FIELD WITHIN THE 100-FOOT BUFFER OF AN ISOLATED WETLAND.
REQUEST FOR DETERMINATION OF APPLICABILITY - 37 Preservation Lane. Assessors Map 165, Parcel 29. Brian & Cynthia McGurl. The conversion of a historic resource area to uplands as a result of past agricultural field production draining practices. Rep. Glenn Krevosky, EBT.
Glenn Krevosky was present at the meeting to represent the property owners. Glenn stated that he was asked to look at the vegetation and hydrology in the area behind the home. He stated that there is a predominance of upland vegetation in the area and that it has been drained extensively by the original farmer. He stated that the upland species include red oak, white pine, which hazel, tea berry, sassafras, highbush blackberry and mountain laurel.
There are relic soils on the site and the soil is classified as drained Scarborough soil. He stated that the drainage ditch is connected to a detention area that also helped to drain the site. They placed test wells in the area and monitored the water levels and temperatures at 19.5 inches.
Glenn stated that the regulations state that regardless of hydric soils, if there is a predominance of upland vegetation, the area can be classified as an upland. There must be more than 50 percent upland vegetation in each vegetation layer; the tree, sapling shrub, vine and herbaceous layers. He showed the Commission the historic drainage channel, stating that there are upland species along the ditch.
R. Lowell asked what the purpose of the filing was. Glenn stated that he would like to come to an agreement on the location of the resource area line. He stated that the property owners would be submitting a Notice of Intent in the future to expand their back yard. He stated that he flagged the ditch as a wetland.
Glenn showed the Commission some historic aerial photographs. He mentioned that he walked the property with the Agent. G. Williamson asked if the ditch would be considered a resource area with a buffer zone, Glenn stated yes.
The property owners stated that they would like to expand their back yard but would not be cutting any pine trees.
R. Lowell asked if there was ever a wetland delineation done on the property in the past. Glenn stated yes, he believed that there was a delineation done back in 2003. He stated that whoever did the delineation may have only looked at the soils and not the vegetation.
K. Strom stated that the 100-foot buffer was not indicated on the plan. Glenn stated that he could have it added to the plan.
D. Nyman asked why this project was permitted under an RDA and not an Order of Resource Area Delineation (ORAD). Glenn stated that the conservation agent recommended an RDA.
G. Williamson stated that they could issue a Positive 2 Determination; the boundary of the resource areas referenced on the plans are confirmed as accurate and are binding to all future decisions pursuant to the Wetland Protection Act.
Motion by C. Doherty, seconded by A. Costello, it was UNANIMOUSLY VOTED TO ISSUE A POSITIVE 2 DETERMINATION FOR BRIAN & CYNTHIA MCGURL, 37 PRESERVATION LANE, THE CONVERSION OF A HISTORIC RESOURCE AREA TO UPLANDS.
MASS CENTRAL RAIL TRAIL RELOCATION- Colleen Abrams - Wachusett Greenways
Colleen Abrams and Richard Berry were present at the meeting to discuss the relocation of a portion of the Mass Central Rail Trail. Colleen stated that Wachusett Greenways and the DCR were working together on the project.
R. Lowell asked what the reason for the relocation was. Colleen stated that the trail is designated as a multi-use trail and that the standard is a 5 percent grade. The current trail has grades of up to 14 percent. She stated that the Holden DPW took measurements to determine the grades on the trail. Colleen stated that after the field reconnaissance, they found that there is a higher topography west of the existing trail of approximately 590 feet. She showed the Commission mapping of the proposed relocation.
R. Lowell asked if they planned to abandon the old section of the trail. Colleen replied that they would repair and restore the existing trail and that the DCR would like to retain the area as one of their forest roads. She stated that there were several culverts under the existing trail and that those culverts would be maintained, and that the existing portion of the trail would not be dismantled.
R. Lowell asked who would be doing the work. Colleen stated that they have received a recreational trails grant to help with the work. G. Williamson asked if anyone has reviewed the wetlands along the proposed re-route, Colleen stated that there is at least one known crossing where a new culvert would have to be installed. R. Lowell stated that the Commission would need to know how the resource areas would be protected during construction and that they would possibly require a Notice of Intent for the work depending on wetland impacts. The Commission suggested that all of the resource areas along the route be determined and flagged in the field and a plan submitted to the Commission for their review.
Colleen stated that they intend to attend the next meeting of the Commission to further discuss the project and to present any new information.
EAGLE SCOUT PROJECTS - Eagle Lake - Luc Jourdain, Tim Egli, Will Egli
The Eagle Scouts attended the meeting to explain each of their Eagle Scout projects to make improvements to the Eagle Lake Dam and Eagle Lake Park.
Luc Jourdain stated that his goal for the dam area was to build a bench with flower beds in an area currently filled with weeds. He will remove the weeds and plant grass in the area. He stated that he had all the materials picked out and he showed the Commission a sketch of the proposed work. The Commission stated that they would like grass planted as opposed to shrubs or trees. The Commission suggested not using a tiller to remove weeds, that the weeds should be hand pulled. Luc stated that the grass would be watered as needed and that the work would be done in the Spring.
Tim Egli explained that his project focused on cleaning up the Eagle Lake Nature Trail that runs along Eagle Lake for a quarter mile beginning near the beach area. He stated that the old signs have fallen down and that they would be replaced with new, more durable signs. The existing signs showed photos and information on the wildlife of Eagle Lake and that he would be working with MA Audubon and the Friends of Eagle Lake to determine the new signage. Tim stated that he would also be adding a new bench to replace an existing bench that is in disrepair.
Will Egli stated that his project would focus on the picnic area near the beach. He stated that he would be adding two new benches, adding trash cans near the picnic tables, new grills and a bike rack. R. Lowell asked who would be responsible for trash removal. Will stated that either the Town or the Friends of Eagle Lake would be contacted to remove the trash. He stated that they had received permission from the Town recreation department for the improvements.
REQUEST FOR DETERMINATION OF APPLICABILITY - 19 Mt. Pleasant Ave. Assessors Map 100, Parcel 4. Steven Salvadore. Replacement of cesspool with a Title 5 septic system within the 100-foot buffer. Reps. Wayne Curran and Mark Blanchard.
Wayne Curran was present at the meeting. He explained that they would be abandoning the existing failed cesspool located approx. 35 feet from the wetland, with construction of a new Title 5 Septic system. He stated that the work would take approx. one week to complete
G. Williamson stated that she did a site inspection, that the site was very flat and that there is an isolated herbaceous wetland behind the existing lawn area. She stated that there is a hedgerow between the lawn and the wetland. Wayne stated that they located the new system as far away from the wetland as possible.
D. Nyman asked how much they would be clearing in the buffer zone. Wayne stated that the area is already cleared except for a small amount of brush.
G. Williamson asked how they intend to abandon the existing cesspool. Wayne stated that it would be pumped out and filled with clean sand. L. Boucher suggested that straw wattles be used in place of straw bales, the Commission agreed.
Motion by L. Boucher, seconded by C. Doherty, it was UNANIMOUSLY VOTED TO ISSUE A NEGATIVE 3 DETERMINATION FOR STEVEN SALVADORE, 19 MT. PLEASANT AVENUE FOR THE CONSTRUCTION OF A TITLE 5 SEPTIC SYSTEM PARTIALLY WITHIN THE 100-FOOT BUFFER.
ENFORCEMENT ORDER - 196 Chapel Street - Mike Truong
The Commission reviewed the enforcement order that was mailed to the homeowner. R. Lowell asked if there was additional work that is proposed on the site or if the debris removal was all that was planned.
Arthur Allen with Eco-Tec was present at the meeting to represent the homeowner. Art stated that he flagged the wetlands on the property and directed the installation of the erosion controls along the wetland. He stated that the lot was previously owned by a contractor who built a garage on the lot and left concrete blocks, bricks and asphalt on the property. The current owner had contractors remove the majority of debris on the surface, they leveled the area out and encountered more buried debris. Art stated that there is an area of fill that extends 6 to 8 feet into a bordering vegetated wetland along an intermittent stream that cuts thru the property. Art stated that he is aware of the enforcement order and suggested that he develop a restoration protocol. The work would require the contractor to pull the debris away from and out of the wetland to expose the wetland soil. The exposed area would be seeded with a wetland seed mix and the silt fence adjusted. Art stated that the upland area would be seeded and mulched as well.
Art stated that the work could be done within the next couple of weeks and vegetated by late Fall. Art stated that he would submit a restoration protocol to the Agent, then document the work that was done and contact the Commission again once the work was complete. G. Williamson stated that she would copy DEP on all correspondence.
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. (Continued from Sept. 5th.)
The Commission reviewed the Certificate of Compliance request for 11 Patriot Way. G. Williamson showed the Commission more photographs of the lot. She stated that there was some improvement on the site. D. Nyman asked if there was any erosion present on the lawn. G. Williamson stated yes, there were a few areas on the side of the home.
The Commission felt that the site should be further along at this point. The site had been hydro-seeded initially. R. Lowell suggested that the lawn could be over seeded and that this item would be continued to the Commission's November 7th hearing.
FOREST CUTTING PLAN - CH. 132 - 26 Acres off Lee Street. Private property owned by Dennis Minnich.
No comments from the Commission. G. Williamson stated that the cutting was located in the Asian Longhorn Beetle area and that the forester is certified under the ALB Program.
APPROVAL OF MINUTES
Motion by D. Nyman, seconded by K. Strom, it was VOTED TO APPROVE THE JUNE 6TH, 2018 CONSERVATION MEETING MINUTES AS CORRECTED BY A VOTE OF 7-0.
Motion by D. Nyman., seconded by C. Doherty, it was VOTED TO APPROVE THE JUNE 27TH, 2018 CONSERVATION COMMISSION MEETING MINUTES AS CORRECTED BY A VOTE OF 6-0-1 (Lowell: abstain)
G. Williamson reported that the next public hearing for the Commission would be on Wednesday, November 7th, 2018.
Motion by C. DOHERTY, seconded by L. BOUCHER, it was UNANIMOUSLY VOTED TO ADJOURN THE OCTOBER 3, 2018 CONSERVATION COMMISSION MEETING AT 8:44 PM.
APPROVED: __________________