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Minutes of the August 25, 2010 Meeting
Town of Bellingham
Conservation Commission
North Community Building
Bellingham, MA  02019
Minutes of the meeting of August 25, 2010

Project: 105-615                                Project Description:
CNOI                                    Hartford Avenue / Shoppes at Bellingham Phase I
14 building, parking areas, stormwater & wastewater mgt., & new access road off North Main Street

Applicant:                              Representative:
Robert Frazier                          ERM / Ann McMenemy
W/S Development                 399 Boylston St.
1330 Boylston St.                               Boston, MA 02116
Chestnut Hill, MA  02467

Continuation time: 7:30 PM
Brian Potvin (TetraTech), Bob Frazier, David Albrecht, Ann McMenemy (ERM), peer reviewer Tom Sexton and Robert Daly (abutter) were present when Barry Lariviere opened the continued hearing. The applicant submitted a Supplemental Notice of Intent (NOI) (Aug. 2010) supporting Drainage Report (August 6, 2010) and Plans entitled, “Wetland M Crossing, Notice of Intent Supplemental Submittal for Site Access, Sheets M08-M16 (August 6, 2010). The above documents were discussed at the continued hearing. Before beginning the supplemental NOI review, Ann McMenemy requested the status on the applicant’s request for an extension to the Order of Resource Delineation #105-559. Mr. Lariviere stated that Commission members had discussed the information on permanent flagging that we had requested from her at the meeting of July 28th. After lengthy discussion, the Board’s consensus was that the Commission preferred that the resource areas be reflagged with the traditional vinyl flagging by the proposed date of December 1st. The Commission also requested that the applicant reconfirm the grade elevations and flooding calculations at Wetland “T”. Ms. McMenemy stated that the one foot contours were based on a flyover. The Commission also requested the recording information for the last ORAD Extension. Ms. McMenemy will provide that information.
The hearing for the Supplemental NOI included an overall presentation of the submittal. Copies of the submittal were distributed to all Commission members on Wed., August 11th.
Mr. Potvin began by stating that the submittal includes supplemental reports, detailed drawings of the proposed bridge, and wetland impacts and proposed mitigation. He presented Sheet M-15 that depicts the stream, wetland and vernal pool limits and number of trees that would be impacted with the bridge construction. Sheet M-16 illustrates the placement of the bridge abutments, 150 ft bridge length, and detail on the 3822 sf of wetland impacts. He also reviewed Sheet M-04 showing the proposed drainage components comprised of catch basins, sediment forebay and detention basin that overflow into the Mitigation Area.
Ann McMenemy then stated that the proposed construction sequencing provides as little impacts to the resource areas as possible. The plans details include: use of swamp mats, work during frozen conditions, and cutting of 24 trees with no soil disturbance in the area of the proposed bridge footprint. All work is being proposed to be performed with an on- site supervising environmental monitor. She stated that Stream Crossing Standards were utilized in the design and that all vegetation would re-grow except for the trees. Ms. McMenemy stated that the previous alternatives for the crossing and their associated impacts are detailed in the submittal. She stated that there will be no discharge of fill in the vernal pool but that 613 sf on the edge of the resource area does require fill. All trees and shrubs are proposed to be removed by hand. She also stated that the current Wetland Mitigation Area has been reduced in size to 1.3 – 1 replication (less disturbance), that it is located in the same area as previously proposed and the slope on the east side of the wetland is left undisturbed. Ms. McMenemy stated that the proposed mitigation specify the plantings of  larger trees (shading), creation of typographical pits and mounds, etc. all under the proposed supervision of an environmental monitor so that the mitigation area would reflect the existing conditions. She stated that the mitigation area was designed using the 2006 Guidance for bank thresholds. She also stated that no adverse impacts does not mean no alteration. Tom Sexton added that the applicant must meet the performance standards for Outstanding Resource Water (ORW) for vernal pool protection. Figures 12-A and 12-B

Conservation Commission
Minutes of the meeting of August 25, 2010
Page #2

of the plans illustrating the tributary area were discussed. Barry Lariviere told the applicant that it is town policy for applicants to file concurrently with the Planning Board so that applicants may present all pertinent information on their projects to jurisdictional boards at the same time. This allows for permit Plans of Record to coincide and avoids the potential for re-filing for amendments. Mr. Frazier stated that the interchange project is currently in the hands of Rizzo and Mass. Highway and that the draft schedule for the interchange to start is 2012 as there may be no funding for 3, 4 or 5 years. He stated that if the interchange project does not go through, The Shoppes will not either and that the applicant will not file with the Planning Board until the interchange project is ready. Ms. McMenemy stated that the Planning Board permit is only good for one year whereas the Order of Conditions would be valid for three years. The Commission commented on the proposed location of detention basin and the mitigation area in the finger of uplands to the west of the vernal pool as opposed to use of the upland located to the east of the vernal pool remarking that the board has expressed concern  in the past of this area being altered. Ms. McMenemy responded by stating that upland to the east borders a higher quality and higher functioning Atlantic Cedar wetland. She stated that there would be more of an impact to create detention and mitigation in the upland to the east of the pool and that the area that is proposed is the most logical place from an engineering point of view. Anne Matthews stated that at least one of the Commissioners was interested in looking at the area again to which Ms. McMenemy said we were welcome to do.  Mr. Daly asked if the applicant could widen the span the bridge but Brian Potvin stated that 150 feet is the longest span allowed by DOT. Ms. McMenemy asked the Commission what they would prefer to be discussed at the next continuation i.e. no adverse impact, phase 1, 2, 3). Barry Lariviere stated that we would advise. Ms. McMenemy then asked the Commission if we had contracted with peer reviewers for the project, and noted that Tom Sexton was present. The hearing time has elapsed. By unanimous vote, the hearing was continued to Wed., Sept. 8th at 7:30 PM.
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Project: 105-671                                Project Description:
CNOI                                    Cross Street & Dupuis Road
                                        Drainage improvements and pump station

Applicant:                              Representative:
DPW                                     Guerriere & Halnon, Inc.
26 Blackstone Street                    55 West Central Street
Bellingham, MA                          Franklin, MA

Plans:  Cross St. Drainage, Sewer and Roadway, Land Acquisition Plan, April 14, 2010 Revised 7/27/2010

Continuation time: 8:30
Don DiMartino was present when Barry Lariviere opened the continued hearing. Mr. DiMartino stated that the revised plans show the location of the future force main and gravity sewer line that would be part of the associated sewer pump station. He stated that the pump station would not be built if the sewer line is not installed. Mr. DiMartino stated that if the Fafard Companies subdivision is permitted, Fafard would be installing the gravity sewer line and force main that are both located in the existing street layout. He also stated that there is currently no time frame for the proposed work. There were no further questions or comments. Motion was made, seconded and voted unanimously to close the hearing and issue an Order of Conditions.
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Project: 105-674                                Project Description:
CNOI                                    North St. /Maddie Way ‘North Woods” 13 subdivision
                                        Roads and stormwater management
                                        
Applicant:                              Representative:
Anthony Marinella                       Mark Anderson/Heritage Group
Maddi North St. Dev., Franklin, MA      1 Main St., Whitinsville, MA

Plans: North Woods, Sheets 1-24, Revised July 28, 2010


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Minutes of the meeting of August 25, 2010
Page #3

Continuation time:  8:45 PM
Cheryl Peterson of Heritage was present when Barry Lariviere opened the continued hearing for a 13 lot residential subdivision proposed on North St. Cheryl Peterson stated that copies of the revised plans and associated documents have been provided to the Conservation Commission. She said that copies of all items were also sent to DEP.
Commission members were interested in the recent cluster proposal for the site as submitted to the Planning Board.  Ms. Peterson stated that she believed that the detention basins and other stormwater management components would be similar to the conventional plan although with less impervious surfaces, it may be possible to eliminate one. There were no further comments or questions. By unanimous vote, the Commission closed the hearing and voted to issue an Order of Conditions.
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The Commission reviewed and accepted the minutes of July 14, 2010 and July 28, 2010.

MACC has announced Mass. Drought Management Task Force issued a Drought Advisory on August 13th, effective August 1st.  MACC also announced a MA Recreational Trails Program Grants workshop in Sutton on Friday, Sept. 17th. Neal and Anne expressed an interest in attending.

Planning Board hearings for zoning changes will take place Thursday evening August 26th.

The Commission discussed the Mechanic St (Wickett) Enforcement Order and related site visit that was held on Monday, August 16th. Mr. Wickett agreed to construct a fence at the top of the slope along the resource area and told the Commission members present (Cliff Matthews, Brian Norton, Mike O’Herron, Anne Matthews and George Holmes) that he would designate Paul DeSimone to handle the installation of the fence. George Holmes received a plan from Paul DeSimone that did not reflect the agreement, but rather showed a fence along a 25 foot setback. Cliff will call or write to Mr. DeSimone.

The Commission also discussed the Enforcement Order site walk at The Brown property on Mechanic St. George or Cliff will talk with Paul DeSimone to try and get a completed wetland plan.

Commission members agreed that Tom Sexton would continue with the peer review for the Supplemental Notice of Intent submitted by W.S. Development. We will notify the applicant at the next hearing on Sept. 8th. A site walk was scheduled for Sat., Aug. 28th at 8:00 AM to look at Crossing “M” and the uplands on either side of the crossing.

Neal Standley presented pictures and related updates on the Pulaski Boulevard project.

Toll Bros. has reserved an Article on the Town Warrant for the Special Town Meeting of Oct. 13th.
 Anne Matthews, George Holmes and possibly Neal Standley will schedule follow up site walks for inspections of outstanding Certificate of Compliance lots and inspection of the stormwater management system with Alex Renzi of Toll Bros. Mark Kablack told Anne Matthews that a complete packet of updated information on Bellingham Estates (including the open space deed) has been submitted to Town Counsel for review. The Commission and the Board of Selectmen will have to sign the deed before it is recorded.

Attending the meeting were:    Barry Lariviere, Neal Standley, Lori Fafard, Brian Norton, Michael O’Herron, Anne Matthews, Administrator George Holmes and Cliff Matthews arriving at 8:40 PM