Town of Bellingham, MA - October 27, 2010 Minutes

October 27, 2010 Minutes


	Town of Bellingham Conservation Commission North Community Building Bellingham, MA 02019 Minutes of the meeting of October 27, 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 the continuation was opened. Ann McMenemy gave a short summary on the information regarding “avoidance” of resource area disturbance that she had covered with the Commission at the last continued hearing of Sept. 8^th. She continued her discussion addressing minimization and mitigation. She began on section 4.3, page 17 of the Supplemental NOI materials (Minimization of Wetland Impacts) discussing items 1 through 5 and using Sheet M-08 of the associated plans. She stated that she utilized the guidelines from Best Management Practices Booklet and the MA Stream Crossing Standards when she authored the wetland methodology for the proposed vernal pool crossing that is included in the SNOI. At section 4.4.1 of the Supplemental NOI, she discussed proposed erosion control measures. She stated that although erosion control will be required at the crossing location, it must avoid peak migration period of the amphibians utilizing the vernal pool and therefore no work may take place between Feb. 28^th and June 15^th even though migration occurs in the fall as well as the spring. She stated that at the end of Phase I and before Phase 2, the erosion controls would be removed by hand in areas to allow for animal migration (see Sheet M-08 details). The details on Sheet M-08 (1 – 11) were reviewed. All trees that are to be cut for the bridge installation will be marked and the environmental monitor will meet with the Commission or a representative of the Commission to confirm the assessment, type and location. Cliff Matthews noted that in Figure 2 of the SNOI, limits of BVW alteration of 3,822 sf should also include habitat alteration of 3,822 sf plus vernal pool alteration of 613 sf totaling nearly 4,000 sf. Ms. McMenemy then proceeded with review of Sheet M-11 installation of erosion controls. Brian Potvin stated that super sediment fence, posts and filter fabrics are suggested for use rather than the standard entrenched hay bales and silt fence. He stated that this choice of erosion control limits the footprint disturbance and is easier to repair. Upon completion of Phase 1, portions can be taken out in sections and rolled up in place. Special note will be taken that the trenches must be dug and filled by hand so that no ruts are left in place. Ms. McMenemy continued on Sheet M-08 #5, which states that a pre construction meeting is to be scheduled at the time of erosion control removal at the vernal pool area. A pedestrian walkway is proposed to create two separate entrances for foot traffic. The applicant noted that the walkway details as well as placement of erosion controls at the two proposed bridge abutments will be added to the revised plan (Sheet M-08). Ms. McMenemy continued discussion regarding Sheet M-08 details, #8 and #9 that include cutting of the proposed trees. She stated that 99% of the 24 trees proposed for removal are Red Maple. Trees will be cut flush to the ground in order to leave the soil profiles undisturbed. Swamp mats will be placed over this area. Barry Lariviere noted that tree identification is inconsistent on Sheet M-08 and M-15. Conservation Commission Minutes of the meeting of October 27, 2010 Page #2 The applicant noted that this corrected information should be included in revised plans. Brian Potvin stated that the roadway width and bridge span are designed to MA DOT standards and that the applicant will need a permit for narrower width from the Planning Board. He stated further that as of the present, it is a private road. The Mass Highway portion of the project is at 25% design. Continuing on with the SNOI, page 18 4.4.2, Ms. McMenemy stated that no vehicular traffic would be taking place at the crossing for the removal of trees in the vernal pool and habitat area and suggested that additional swamp mats and another pre-construction meeting may be in order. The plan for construction activities is to access the crossing area from both the east and west, eliminating the need to drive across the habitat area within the BVW. This is another item that will be addressed in plan and detail revisions. She stated that swamp mats are interlocking plastic and handle the disbursement of pressure to avoid compaction. Cliff Matthews noted that small animal boroughs are an important feature in this habitat area. Ms. McMenemy then stated that there would be minimal tree clearing, however, the Commission was very concerned with MA Highway standards for clearing of trees in the easement of the crossing should the road become a state road. She said that moving of the erosion controls would take place by hand and information on this would be in the final plan set. Referring to Plan Sheet M-11, Ms. McMenemy stated that the bridge abutments would impact 163 plus 180 sf of BVW and habitat. Barry Lariviere stated that test pits in the location of the abutments will be necessary in order to confirm load bearing capacity. Ms. McMenemy noted that Phase 1-A would include test pits for that area. Sheet M-11 also states that swamp mats will be removed within one week of work completion. According to Sheet M-11, the pedestrian walkway would have orange colored fencing denoting its boundaries. Ms. McMenemy stated that approximately 10 to 20 pedestrians would be utilizing the pedestrian walkway. Ms. McMenemy then stated that the ORAD recording information would be submitted as soon as it is received by the applicant. The ORAD was not recorded when issued. The hearing was continued to November 10^th at 9:00 PM by unanimous vote. _______________________________________________________________________________________ Project: 105- Project Description: CNOI Pearl Street – removal of contaminated material & razing building Applicant: Representative: Denis Fraine Land Planning, Inc. Town of Bellingham 167 Hartford Avenue 10 Mechanic Street, Bellingham Bellingham, MA Plans: NOI & Site Plan Former Caryville Mill, 26 Pearl Street, Sept. 2010, Rev. Oct. 26, 2010, 1 Sheet Hearing time: 8:30 PM Denis Fraine, Bill Halsing and Patrick McNabb (Nobis Eng.) were present. After the hearing was opened, Cliff Matthews noted that the original NOI was only for the removal of contaminated soils but, as a result of the Oct. Special Town Meeting, the applicant requested that the demolition of the building be incorporated into the Notice of Intent. Mr. Matthews noted that there was ample time to advertise the requested change. Mr. McNabb submitted revised plans that show the demolition area in addition to the three areas slated for clean up. The revised plans also correct information on the impacts to the resource areas that was previously submitted to the Commission. H stated that the site consists of 20.9 acres and includes a Spectra Energy gas easement as well as a 225 foot NSTAR easement. The resource areas were delineated by Weston Solutions. He stated that three areas targeted for removal of contamination include 1) a Hot Spot near the existing building (15 x 15 and 3 feet deep) ; 2) Wool Waste Area 1 (WW1) near the old access path to the easement : and 3) Wool Waste Area 2 (WW2) to the northeast of WW1. The areas where work is proposed for clean up and construction clearing include the installation of erosion control consisting of haybales and silt fence. He stated that the existing cart path is proposed for access to WW1. A newly proposed gravel road is also proposed in order to access WW2. Mr. McNabb said that he anticipates that the contaminated waste at WW1 and WW2 will be live loaded onto trucks and disposed of Conservation Commission Minutes of the meeting of October 27, 2010 Page # at a landfill. He stated that once complete, samples would be lab tested (approx. 7 -10 days) and the results should meet S1GW2 and S1GX3 Standards. WW2 is currently proposed to be backfilled with sand and gravel. WW1 may just need grading as the waste is not under the ground surface. The discussion on the proposed demolition will take place at the continued hearing. The Commission scheduled a site walk for Sat., Nov. 6^th at 8:00 AM to confirm the resource area delineation and to assess the best areas to access the waste sites. The hearing was then continued to Wed., Nov. 10^th at 8:30 PM by unanimous vote. _________________________________________________________________________________________ Project: 105-678 Project Description: CNOI 12 Mill Street – stormwater management Applicant: Representative: Brian Stonkus, Stonkus Hydraulic Walter Lewinski, Andrews Survey & Eng. 12 Mill Street 104 Mendon Street Bellingham, MA Uxbridge, MA Plans: NOI & 12 Mill Street, Site Improvement Plans, June 4, 2010, 5 Sheets Continuation time: 9:00 PM Walter Lewinski was present when the continued hearing was opened. Cliff Matthews stated that the Commission had walked the site on Sat., Oct. 2^nd. As a result of the site walk, Mr. Lewinski presented revised drawings that included: revisions to the concrete channel in the front of the building, the extension of rip rap to the top of the wall at the side yard, the landscaped berm located at the front of the building that outlets to the rip rap at the top of the wall, and a rip rap apron that outlets a small pipe through the parking area. Mr. Lewinski agreed to revise the plan to pull back the outlet three feet to preserve the 25 foot No Disturb Zone to the resource area. There were no further comments or questions. By unanimous vote, the hearing was continued to November 10^th at 10:00 PM. Mr. Lewinski will drop off revised plans to George Holmes tomorrow. The Order of Conditions will be prepared for signing at the November 10^th meeting. ______________________________________________________________________________________ Project: 105-677 Project Description: CNOI Crystal Way (off Mechanic St.) 7 condo bldgs, septic system, stormwater management system Applicant: Representative: Kevin Lobisser, Lobisser Bldg. Corp. Mark Allen, Allen Eng. LLC PO Box 310 2 Willowbrook Lane Milford, MA Mendon, MA Plans: NOI & Site Development Plan for Crystal Springs Phase III, revised August 24, 2010, 10 Sheets Hearing: 8:50 PM Conservation Commissioner, Brian Norton (an abutter) recused himself from the hearing. Kevin Lobisser, Mark Allen, a representative from the condo association and one abutter were present when the continued hearing was opened. Mr. Matthews stated that the Commission had walked the site on Sat., Oct. 2^nd. Mr. Allen noted that he would provide information on some of the outstanding issues raised as a result of that site walk. First, Mr. Allen stated that a double row of staked haybales has been installed at the end of the cul-de- sac where the Commission had witnessed serious erosion problem. He then presented copies of the ortho-photo taken of the abutting property which, in his opinion, showed that the Condo Assoc. property has not been impacted by an abutter’s violation. Barry Lariviere said that the scale on that ortho-photo Conservation Commission Minutes of the meeting of October 27, 2010 Page #4 may be inadequate and offered to map the area for our next meeting. Mr. Allen also stated that previously proposed the 2:1 rip rapped slope behind the newly proposed condo buildings has been revised to a 3:1 landscaped area with shrubs, vegetation and mulch. He then talked briefly about a proposed donation of the balance of the acreage from the site to the town by and through its Conservation Commission. The Condo Assoc., as owner, would have to take a vote and provide a letter as to their agreement with the donation. Mark Allen also said that he included two catch basins and a drain manhole half way up the existing driveway prior to the cul-de-sac that would direct stormwater into a basin that would act as a sump and also provide infiltration and reduce peak run off rates from stormwater flowing down the driveway. The area that Mr. Allen discussed is currently proposed as a 120 x 100 foot (12,000sf) area and is located 25 feet from the resource area. Mr. Allen will make efforts to reduce the size of this basin if feasible. Mark Allen also said that he investigated intercepting stormwater from Rte 140 at the site entrance by installing a 325 foot drain line, but the line would be too long and would ultimately terminate at the basin two feet below the basin bottom. He presented soil test pits for review by the Commission. Roof top infiltrators can be installed but Mr. Allen stated that he may have to utilize the newly proposed basin on the southerly side of the property for overflow from three of the new buildings. The Commission asked the applicant to provide 20 scale plans of the plans that are proximate to the resource areas and also noted that Mr. Allen has not addressed the 25 foot No Disturb Zone. Mr. Allen argued that the project is a redevelopment project and also that the existing road already has utilities in place. The Commission responded that the project is a combination of redevelopment and new development and was therefore inaccurately filed as a redevelopment project. Mr. Allen will provide revised plans and supporting information. By unanimous vote, the hearing was continued to Dec. 8^th at 7:30 PM. __________________________________________________________________________________________ Don Seaburg of Bellingham Residential #2 Realty, LLC approached the Commission to request release of the $14,000 bond held for Lots 8 & 9, the culvert and berm, Silver Lake Road. George Holmes and Anne Matthews have visited the site recently and reported that both the culvert and berm were complete to specs. Also, the Commission has already issued a Certificate of Compliance for Lot 9. The grading on Lot 8 has been corrected. Motion was made, seconded and voted unanimously to release the bond to the applicant. Anne Matthews will write a letter to the Treasurer’s office tomorrow requesting release of the bond. The Commission reviewed a parcel of land identified as Map 13, Lot 39A, one acre off Hartford Avenue and Maple St. The Commission will request that the town maintain ownership of the property. The Commission also expressed interest in walking the land located at the Preserve at Oak Hill in Wrentham although there did not seem to be much interest in accepting the land donation due to the constraints on the deed for compliance to the Eastern Box Turtle habitat restriction and the proximity of a detention basin overflow directed towards Bellingham property. Attending the meeting were: Cliff Matthews, Barry Lariviere, Neal Standley, Lori Fafard, Brian Norton, Michael O’Herron, Anne Matthews, and Administrator George Holmes.