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Minutes09.08.2010
Town of Bellingham
Conservation Commission
North Community Building
Bellingham, MA  02019
Minutes of the meeting of September 8, 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

Plans: NOI Supplemental Submittal for Site Access August 2010
           Plans: Wetland M Crossing Sheets M1 –M16, August 6, 2010

Continuation time: 7:30 PM
Brian Potvin (TetraTech), Bob Frazier, Ann McMenemy (ERM), peer reviewer Tom Sexton were present when Cliff Matthews opened the continued hearing. Cliff Matthews stated that in response to the applicant’s question on peer review, Tom Sexton would continue with the current contract with the same terms. Regarding the applicant’s request for an ORAD extension, Mr. Matthews asked the applicant to further investigate the grades of isolated
wetland T by survey, stating that a fly over survey could result in discrepancies in actual site elevations. He stated that the Commission has seen this area flooded and that hydrophilic grasses are present. Brian Potvin said he would continue his research on the historical information that was previously mapped and calculated by Heritage Design. The third matter that Cliff Matthews discussed was the Commission’s request for the applicant to
investigate designing the proposed mitigation area and detention basin on the east side of the vernal pool. He explained that at a site walk the previous Saturday, the Commission conducted an evaluation of both buffer zone areas and found that there are much larger trees (White Pines) in the finger of uplands to the west of the vernal pool than on the east side of the vernal pool where there was a predominance of White Oak in the 8 minus range and the duff areas were similar in depth.  Most notably, however, he stated that there were numerous fallen logs in the finger of uplands on the west side of the vernal pool which would provide mole salamander habitat. Ann McMenemy said that she would have wanted to accompany us at the site walk in order to see what we were investigating. It appears that there was some confusion revolving around the permission that Ann granted at our previous continuation.
Ms McMenemy stated that she understood that the applicant would provide the following with regards to the ORAD extension: detailed survey and flooding calculations on Wetland T, revise the wetland flags on site with vinyl flagging by December 1st, and provide the Extension recording information of the previous Extension to the Commission (which had not yet been done). There were no other requests of the Commission regarding the ORAD Extension.
Ann McMenemy then stated that at the last couple of hearings, the applicant had discussed the various alternatives to the site access at the crossing for The Shoppes as well as given an overview of the proposed bridge crossing. Beginning with Figure 2, Wetland M Crossing Impact Plan in the NOI, Ms. McMenemy stated that one of the 8 Interests of the WPA is habitat protection and the requirements to meet the Performance Standards for habitat protection. She stated that there are three activities at the bridge crossing within the jurisdiction of the WPA; bordering vegetated wetland (BVW), bank of intermittent stream and the 100 foot buffer zone. She stated that the Performance Standards for BVW are in kind replacement. She then discussed Bank as an Interest of the WPA using Table 2 (Pg 6) and Table 3 (Pg 7) in the Notice of Intent for detail in her presentation. She stated that Bank threshold of under 50 linear feet has no adverse impact, that there is no disturbance to the channel proposed and that the only impacts is the cutting of trees and brush along the edge of the channel. She stated that she would address Neal Standley's question on impacts of change of light in the vernal pool (due to the bridge above) later. She explained that the most intrusive impacts to the BVW are the bridge abutments. All trees would be hand cut. She then distributed handouts on CMR 10.60 and discussed restoration and replication per that section. She stated that the
Conservation Commission
Minutes of the meeting of September 8, 2010
Page #2

applicant tried to incorporate better protection and better construction for a better project by utilizing avoid, minimize and mitigate strategies. She then utilized Table 1 in the NOI to discuss the bordering land subject to
flooding (BLSF) information that was compiled by using the new FIRM Maps and the Special Flood Hazard Area. The vernal pool boundary that was agreed upon and surveyed at elevation of 234 is based on regulatory guidance. She then proceeded to page 17 in the NOI (4.3 Minimization of Wetland Impacts). Ms. McMenemy then stated that
Table 4 on page 12 of the NOI (Summary of Alternatives) compiles impacts to all alternatives. She also said that she would provide engineering calculations on the detention basin to Tom Sexton. The applicant requested that the Commission allow Brian Potvin of TetraTech to discuss questions with Tom Sexton directly. The Commission stated that issues may be addressed through emails that must be copied to George Holmes in order that the board is kept informed of ongoing issues. Cliff Matthew then again requested that the applicant investigate moving the detention basin and mitigation area to the west of the vernal pool. Ms. McMenemy argued that the buffer zone is not a resource area to which Mr. Matthews responded that a change to that design may be more effective to meeting the standards. Because of conflicts with a number of other scheduled hearings and the Special Town meeting of Oct. 13th, the hearing was continued to Wed., Oct. 27 at 7:30 PM.
__________________________________________________________________________________________
Project:                                        Project Description:
Informational on Enforcement Order      Placement of fill in resource area

Applicant:                              Representative:
Henry Wickett                           Paul DeSimone
Mechanic Street                         11 Awl Street
Bellingham, MA                          Medway, MA

Informational time: 8:30 PM
Neither Henry Wickett nor Paul DeSimone was present. Cliff Matthews will contact Paul DeSimone.
_____________________________________________________________________________________
The Commission voted to sign and issue:

Order of Conditions     105-671/ Cross St. & Dupuis Road/DPW/pumping station and sewer line
                        105-674/North St. /North Woods 13 lot subdivision/ Marinella
Certificate of Compliance       105-464/Lot 27, 12 Oxford Court/Toll Bros/.sfd
                        105-465/Lot 28/14 Oxford Court/Toll Bros. /sfd
                        Conflict of Interest and Open Meeting Law Booklets were distributed and signed for.

DCR has scheduled MA Recreational Trails Program Grants for Friday, Sept. 17 2-4 PM in Worcester.
Neal and Anne have signed up to attend.

Cliff Matthews gave an update on the request of Toll Bros. for acceptance of Bellingham Estates roads at the upcoming Special Town Meeting in October. The Commission is in favor of abandoning the proposed swale on the northwest side of the property and has notified the Planning Board. George and Anne had walked the site last week to inspect lots that had requested Certificates of Compliance as well as the status of the detention basins. Toll will notify us when the maintenance on the stormwater management system is completed. We will also have to sign the open space deed and approach the Board of Selectmen to do the same.

By unanimous vote, the meeting of October 13th was cancelled due to conflict with the Special Town Meeting.

Attending the meeting were:    Cliff Matthews, Neal Standley, Lori Fafard, Brian Norton, Michael O’Herron, Anne Matthews, and Administrator George Holmes.