Town of Bellingham, MA - NOVEMBER 10, 2010 MINUTES

NOVEMBER 10, 2010 MINUTES


	Town of Bellingham Conservation Commission North Community Building Bellingham, MA 02019 Minutes of the meeting of November 10, 2010 Project: Project Description: RDA Tree & stump removal / Jenks Pond Applicant: Representative: Don DiMartino, Bellingham DPW Allen Orsi, PARE Eng. 26 Blackstone St., Bellingham Foxborough, MA Plans: RDA & Jenks Pond Dam Tree Removal, 3 Sheets, October 2010 Meeting time: 7:30 PM Donald DiMartino and Allen Orsi were both present when the Request for Determination of Applicability meeting was opened. Mr. Orsi stated that the impoundment at Jenks Pond includes the dam, Dike A and Dike B. The proposed vegetative cutting would include work on the dam and Dike A. Dike B is the actual beach and parking area that is currently under regular maintenance. He stated that the project proposal includes the cutting of approximately 20 trees and woody vegetation from the dam and Dike A, removal of the stumps, filling and compacting the voids, and leveling, stabilizing and seeding the slopes and dike embankments. The RDA submittal was submitted as part of the recommendation for maintenance of the Jenks Pond dam as reported in the Phase II Report submitted to Office of Dam Safety by Pare on behalf of the town. Mr. Orsi stated that the work would address safety and stability concerns of the dam. He also stated that most of the proposed work would take place in the 100 foot buffer zone but that approximately 400 sf of BVW impacts would also occur. Jenks Pond dam is currently classified as a low hazard dam by Office of Dam Safety. Mr. DiMartino said that it is his intention to have the DPW perform the work during frozen conditions in the winter when schedules are not so busy. Commission members questioned the potential of flood waters breaching Dike A and the subsequent direction of any potential flood waters. The Commission agreed that a breach at the actual dam would be more likely. After some discussion, the Commission set up a site walk for Sat., Nov. 20^th at 8:00 AM to inspect. By unanimous vote, the hearing was continued to Dec. 8^th at 8:15 PM. ________________________________________________________________________________________ Project: 105-681 Project Description: NOI Lot 2 South Main St. / Single Family Dwelling, Septic Applicant: Representative: Steven Bruce Patrick Doherty/MidPoint Eng. & Con. 131 Bellwood Circle 826 Southbridge St., Ste 120 Bellingham, MA Auburn, MA Plans: NOI & Proposed Single Family Home Sewage Disposal Plan, C-1, 10/8/2010, One Sheet Hearing time: 8:00 PM Steven Bruce & Patrick Doherty were both present when Cliff Matthews opened the hearing for the proposed construction of a single family home and associated septic system and grading. Mr. Doherty stated that the lot is less than one acre in size with a bordering vegetated wetland system located on the eastern portion of the site. The wetlands were delineated by Judith Schmidt in September. He stated the septic system has not yet been approved by the Board of Health. The plan includes the construction of the house, driveway, septic system and associated grading as well as a proposed garage that will probably not be built until a later date. The plan includes identification of the 25 foot No Disturb Zone to the BVW and proposed haybale installation for erosion control. The slope from S. Main St. to the house will be 4:1 due Conservation Commission Minutes of the meeting of November 10, 2010 Page #2 to the installation of the septic system. Mr. Bruce agreed that all the stumps from lot clearing, currently stored in the buffer zone at the rear of the lot would have to be removed from the site. The Commission set up a site walk for Sat., Nov. 20^th at approx. 8:45 AM and continued the hearing to Dec. 8^th at 8:45 PM by unanimous vote. ___________________________________________________________________________________________ Project: 105-680 Project Description: CNOI Pearl Street – remove contaminated material from resource area & demolish a portion of the existing building Applicant: Representative: Denis Fraine, Town of Bellingham Wm. Halsing, Land Planning Inc. 10 Mechanic Street 167 Hartford Avenue Bellingham, MA Bellingham, MA Plans: NOI & Site Plan Former Caryville Mill Sheet C-1, Rev 11/9/2010 Continuation time: 8:30 PM Bill Halsing was present when the continued hearing was opened. Cliff Matthews stated that the Commission had walked the site on Sat., Nov. 6^th to review the location of the resource areas, the location of the access road and the location areas slated for contaminated soils removal. Bill Halsing stated that the buildings will be demolished in place and the debris will then be removed off site. The Commission also suggested that several large piles of solid waste should also be removed while heavy equipment is on site. Bill Halsing then presented revised plans showing the location of a new access road that would eliminate utilization of the existing road that lies in close proximity to a resource area. Patrick McNabb of Nobis will be the on-site environmental supervisor to oversee that the new access road is utilized. He will also oversee the removal of wool waste in all three areas and make the determination in the field on site as to whether fill is necessary to replace excavated material from Wool Waste #1. Mr. McNabb will also oversee the stabilization and seeding of all disturbed areas as much of the work is occurring in the resource areas. The applicant has not yet received a DEP file number and therefore the Commission voted unanimously to continue the hearing to Dec. 8^th at 9:15 PM. The Order of Conditions will be prepared for signing that evening. ______________________________________________________________________________________ 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, and peer reviewer Tom Sexton, as well as Bob Daley were present when the continuation was opened. Brian Potvin began with Phase 2 of the proposed resource area Conservation Commission Minutes of the meeting of November 10, 2010 Page #3 crossing. Using Sheet M-09, he indicated where the bridge crossing is proposed and said that swamp mats would be utilized and that the bridge would be constructed from the top down once the abutments were in place. He stated that the area planned for mitigation would then be constructed as a temporary sediment pond and dewatering area during construction. Mr. Potvin also stated that sheeting may be necessary at the end of the footing for the abutments. No soil or weight bearing borings have yet been performed and he added that the area of impact may have to be refined once the technical data from the borings is received. Cliff Matthews then asked if the applicant had investigated moving the mitigation area to the eastern side of the resource area since the entire finger of uplands on the western side is proposed for alteration. He said that this finger of uplands has numerous downed logs and has nesting habitat. Cliff further stated that one of the previous plans for the crossing actually had a design that included stormwater detention on the eastern side of the resource area. Mr. Potvin respectfully declined to answer since he would like to defer that question to Ann McMenemy. Mr. Potvin did state, however, that the design may be able to incorporate segmenting the ponds. Mr. Potvin continued with discussing Phase 3 as noted on Sheet M-10 including bridge and girder construction, drainage, and cradle for water, gas and utility lines. The bridge abutments would then be poured and Mitigation Area 1 would be finished. The fire road at JPI would then be paved and water brought into the new basin that includes a forebay for lst flush treatment. Tom Sexton stated that the basin may not be large enough from a calculation perspective. Mr. Potvin reviewed the pipe run length and groundwater elevation and stated that TetraTech owes a formal response to Mr. Sexton’s question. Mr. Potvin also noted that a pipe at Mr. Daley’s pond would connect to the proposed mitigation area in order to avoid pooling due to grading elevations for road fill. When Cliff Matthews questioned who would maintain the stormwater facilities, Mr. Frazier said that he expects that W/S Development would maintain them. He stated further that if Mass. Highway does take over ownership of the road, although Mr. Frazier claimed that he does not currently have any formal agreement with MDOT, he said that W/S can maintain the facilities. Of special concern was the washing of vehicles especially cleaning out cement residue from the cement trucks after they pour. Mr. Potvin then said that upon completion of Phase 2 & 3, all sediment must be cleaned out of the detention area. Peer reviewer Tom Sexton then questioned the status of Wetland T as was previously questioned by the Commission. Mr. Potvin stated that he would defer to Ann McMenemy. The chairman inquired of Bob Frazier whether they were aware of the new Permit Extension Act. Mr. Frazier was aware. The Chairman stated that it is the Commission’s interpretation that because the right to revoke or modify an Order of Conditions is reserved in General Conditions number 1,that the Act does not apply in this case. Additionally, the ORAD has already been modified as part of previous extension. After some discussion on Bank alteration, Mr. Matthews stated that the BVW area around the vernal pool is also habitat and any alterations to that BVW (i.e. bridge abutments) is also alteration of BVW and habitat. Mr. Sexton inquired as to what the public benefit is for the access road to the project and Mr. Frazier said that it will lessen traffic at Rte 126. He also said that Mass. Highway is moving forward on their interchange project. Mr. Sexton questioned Mr. Frazier that if a denial for the crossing were issued by the Commission, Mr. Frazier would consider it to constitute a taking Mr. Frazier stated that it was his belief that this was clearly so. Barry Lariviere disagreed stating that currently there is only one access proposed with a crossing. He stated that it appears that the property could be accessed with a road of similar width from the rear of the Home Depot parcel. If there is an additional access that could be utilized eliminating the crossing, there would be no taking. By unanimous vote, the hearing was continued to January 12^th at 7:30 PM. ________________________________________________________________________________________ Conservation Commission Minutes of the meeting of November 10, 2010 Page #4 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, Revised 10/19/2010, 5 Sheets Continuation time: 9:00 PM No one from the public was present when the continued hearing was opened. Cliff Matthews stated that the Commission had received the revised plans that reflected the shortening of the drainage outfall in order to preserve the 25 foot No Disturb Zone to the resource area. There were no further comments. By unanimous vote, the hearing was closed. ______________________________________________________________________________________ The Commission signed: Order of Conditions 105-678/12 Mill Street/stormwater management/Stonkus Hydraulic Certificate of Compliance 105-663/Lot 8 Silver Lake Rd/Bell ERs #2 Realty/sfd and authorized George Holmes to evaluate completion of all work on the site before releasing the permit to the applicant The Commission voted to hold a meeting on November 17^th to discuss regulations. The NSTAR Right of Way management plan was reviewed by the commission. Cliff Matthews noted that four commission members and George Holmes had walked the open space parcel offered to the Commission and located off Locust St. The property abuts the Preserve at Oak Hill in Wrentham. The deed to the land includes constraints for compliance for the Eastern Box Turtle habitat restriction and that land is located down-gradient to a detention basin overflow located on the Wrentham subdivision that is directed towards Bellingham property. After some discussion, members of the Commission voted unanimously to decline the acceptance of the land. It was the Commission’s understanding that the Town of Wrentham Water Dept. would accept the land in Bellingham and the Wrentham Conservation Commission would accept the open space in Wrentham. 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. Attending the meeting were: Cliff Matthews, Barry Lariviere, Neal Standley, Lori Fafard, Brian Norton, Michael O’Herron, Anne Matthews, and Administrator George Holmes.