Town of Bellingham
Conservation Commission
North Community Building
Bellingham, MA 02019
Minutes of the meeting of February 9, 2011
Project: 105-681 Project Description:
CNOI Lot 2, South Main Street
Applicant: Representative:
Steven Bruce MidPoint Engineering & Construction
131 Bellwood Circle 826 Southbridge Street
Bellingham, MA Auburn, MA
Plans: NOI & Proposed Single Family Home, Revised 12/6/2010
Continuation time: 7:30 PM
Steven Bruce was present when the continued hearing was opened. Cliff Matthews stated that the wetland boundary was confirmed and noted that the revised plans reflect the installation of a fence to demark the 25 foot No Disturb Zone. The septic system has been approved by the Board of Health. Mr. Bruce requested the Board of Health approved plan and will get a copy for our records. There were no additional questions or comments. By unanimous vote, the hearing was closed.
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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
Bob Frazier, Brian Potvin, Austin Turner and Ann McMenemy were present when the continued hearing was opened. It was the request of Ms. McMenemy that time be allowed to discuss the outstanding issues with the applicant’s request for an Extension to the Order of Resource Area Delineation, DEP #105-559 issued on July 31, 2006 and extended October 28, 2009. The Extension expired on July 31, 2010; however, the request was received in a timely fashion. Ms. McMenemy noted that there are a number of items requested by the Commission that are still outstanding with that request. She stated that Goulston & Storrs, the applicant’s attorney, believe that the ORAD is legally extended for two years under the recent Permit Extension Act. Cliff Matthews noted that the permit has already been modified which may disqualify the
automatic extension and requested that Goulston Storrs submit a written opinion for review by our attorney. Ms. McMenemy stated that in any event, the applicant wishes to request an Extension from the Commission and noted that the original request was for a three year extension. Ms. McMenemy also submitted a copy of the recording information for the previous Extension to George Holmes. She then stated that the Commission had previously suggested that the applicant investigate more permanent flagging for the resource areas, however last October, upon further review of that information, the board
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recommended that the proposed metal flagging would be too invasive, too permanent as well as costly.
Ms McMenemy then stated that she has not replaced any flagging on the Hartford Avenue site to date although the applicant had indicated that this task would be completed by the beginning of December. She noted that the extension request is for three years but if the Commission only issues an Extension for one year, updating the flagging would be very costly and time consuming. After some discussion, the consensus of the board was that refurbishing of the wetland flags could be addressed in the future in the permitting process as a special condition in the Order of Conditions.
The next item discussed was whether the determination of Wetland “T” (a vernal pool) as non-jurisdictional to the Wetlands Protection Act (WPA) was indeed accurate. In response, Mr. Potvin distributed copies of plans with elevations and calculations on the watershed area in and around Wetland T. Tom Sexton requested copies of the hydrocad information that would also be copied to Cliff Matthews. Ms. McMenemy then read the Regulation’s definition of ILSF. After much discussion on the findings, the board agreed Wetland “T” did not qualify as ILSF especially since the results were definitive.
Ms. McMenemy stated that the last item regarding the ORAD extension was the confirmation of the resource area “Bordering Land Subject to Flooding” (BLSF) and to re-affirm that it does not exist in the proposed wetland crossing area. She stated that the culverts at Wetland M were identified as Intermittent Stream in the ORAD and that no BLSF was present at the proposed crossing. Ms. McMenemy then stated that the applicant would request continuation time at the next meeting to discuss the proposed mitigation area and the concept of moving it to the east side of the crossing. By unanimous vote, the hearing was continued to Wed. Feb. 23rd at 8:30 PM.
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Project: 105-677 Project Description:
CNOI Crystal Way (off Mechanic St.)
7 condo bldgs, septic system, stormwater management system
Applicant: Representative:
Kevin Lobisseur, 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, ten sheets Dated 5/20/2010, Revised 1/14/2011, Drainage Analysis Revised Jan. 14, 2011
Hearing: 7:30 PM
Conservation Commissioner, Brian Norton (an abutter) recused himself from the hearing. Kevin Lobisseur and Mark Allen were present when Cliff Matthews opened the continued hearing. Mark Allen began
by stating that the applicant has received sewer capacity and therefore, the septic system has been removed from the plans and replaced with a pumping station. The 3 to I slope has been maintained at the rear of the proposed buildings. Roof drains for the buildings have been added to the plan. The 25 foot No Disturb Zone has been created in the area of the new detention basin. Soil profiles for the basins were submitted to the Commission previously and were witnessed by Cliff Matthews. A Stormcepter unit has been incorporated for additional TSS removal for drainage going into the basin as the westerly side of the project. The Operation and Maintenance Plan has also been revised. The applicant has continuation scheduled with the Planning Board for approval of these revisions in the near future. The applicant has agreed to install
concrete bounds on the construction side of the property to demark the 22.6 acre open space parcel and also to install tree badges at the angle points for the balance of the open space on the property. Abutter, Brian Norton noted that the Condo Assoc. has not taken a vote to donate the land to the Conservation Commission. Kevin Lobisseur said that the vote would be taken before construction. Cliff Matthews said that we would include this as a Special Condition
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in the Order of Conditions and that no construction may begin until that affirmative vote is taken. A vote was taken to close the hearing and issue an order of Conditions.
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Project: Project Description:
Amendment Lot #1, Silver Lake Road, sfd
Applicant: Representative:
Bellingham Residential Realty LLC Guerriere & Halnon
120 Quarry Drive 333 West St.
Milford, MA Milford, MA
Plans: Amendment Request & Site Development 7 Facilities Plan, Lot #1, Silver Lake Rd/ Revised 12/14/2010
Meeting time: 9:15 PM
After the Amendment request hearing was opened, Don Seaburg stated that the revised plans depict a smaller house with no garage and the relocation of the proposed driveway as requested of the buyer. The septic system and grading remain the same. There were no further comments. By unanimous vote, the hearing was closed.
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Commissioners submitted MACC workshop requests for the Annual Meeting on March 5th.
The minutes of the meeting of January 19th were accepted.
The Commission is in receipt of a Certificate of Compliance request for Bellingham Estates, DEP File #105-450. The Board discussed the transfer of open space and will investigate any other outstanding issues remaining on the project. We will contact Mark Kablack, attorney for the applicant, to discuss the status of the open space deed. A site inspection will be conducted before the release of the document.
The Commission signed the Certificate of Compliance for Belcastro Bros, Industrial Park 240 Maple St. DEP #105-484
It was the consensus of the board to take money from the fee account in order to provide a 3% increase for the Town Administrator and Adm. Assistant salaries for next fiscal year.
Attending the meeting were: Cliff Matthews, Barry Lariviere, Neal Standley, Lori Fafard, Brian Norton, Michael O’Herron, Anne Matthews and Administrator George Holmes.
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