Town of Bellingham
Conservation Commission
North Community Building
Bellingham, MA 02019
Minutes of the meeting of February 23, 2011
Project: 105-681 Project Description:
NOI 70 Elbow Street
Applicant: Representative:
Richard Campano Land Planning Inc.
70 Elbow Street 167 Hartford Avenue
Bellingham, MA Bellingham, MA
Plans: NOI & “Repair of Subsurface Sewage Disposal System” dated Jan. 4, 2011
Hearing time: 8:30 PM
After Cliff Matthews opened the hearing (with Richard & Nancy Campano and bill Halsing present), Mr. Halsing stated that the existing leachfield on the property has filed. The filing is for the installation of a new leachfield. Both the tank and the D box will remain and continue to be utilized in the septic system. The system was originally constructed in 1987. Mr. Halsing stated that the grade elevations were taken in the field and are currently above the existing flood plain elevation at the 187 foot contour. Mr. Campano presented a letter from FEMA dated Sept. 26, 1996 that stated that his house is not located in the Special Flood Hazard Area. There were no further 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
Brian Potvin and Ann McMenemy were present when the continued hearing was opened. Also present was peer reviewer, Tom Sexton. Ms. McMenemy presented a letter from Goulston & Storrs dated Feb. 17th regarding a legal opinion that stated that the ORAD originally issued to the applicant for the Hartford Avenue site in July 2006 and extended in 2009 was automatically extended to for two years (under the Automatic Extension Act). The legal opinion was that the ORAD would then expire on July 31, 2012. She had emailed the letter to the Commission but the Commission had not been aware of it and would review it. Ms. McMenemy then stated that she would like to continue the review on the Wetland M crossing and proposed mitigation and stormwater management. She stated that the applicant is attempting to mitigate
impacts (5030 sf of mitigation for 3800 sf of alteration is proposed at 1.3:1) and that most of the impacts are cutting of existing vegetation. These would also be addressed in the 401 & 404 DEP Water Quality Permits not yet completed. Commencing on Sheet M-14, Ms McMenemy read proposed procedures outlined in the plan’s “Construction Notes”. Cliff Matthews questioned if the applicant had
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investigated the relocation of the detention area from the west side near the proposed mitigation to the east side of the crossing. Brian Potvin presented a concept plan “Wetland M Requested Mitigation Concept” dated 1/26/2011 presenting information on moving the mitigation area and stormwater management structures. He stated that impacts would increase from 1.16 acres to 1.56 acres, that the proposed earthwork double, and the proposed earth cut would be extreme. Mr. Matthews questioned why the applicant’s plan did not reflect the removal of the detention basin from the west side to east side of the crossing in its entirety. Ms. McMenemy stated that there must have been some confusion as to what the Commission had requested. Mr. Matthews said that if the detention basin could be kept to the east
and the mitigation to the west, separating the two, it may be a more viable alternative. Ms. McMenemy then stated that it is only the buffer zone and the WPA does not provide performance standards for the buffer zone. Mr. Matthews then stated that Bellingham now has a local Bylaw that was accepted at the May Town meeting and accepted by the Attorney General’s Office in late September. He provided a copy to Ms. McMenemy who may present to Goulston & Storrs for comment. Mr. Matthews stated that Town Counsel has advised the Commission that all filings must now be submitted under the local Bylaw. It is also the opinion of Town Counsel that projects currently under review are also subject to the Bylaw and that there is no grandfathering as there would be for a Planning or Zoning Bylaw. Mr. Matthews also stated that the Commission has been working very diligently on the development of the Bylaw Regulations. Ms. McMenemy noted that the applicant has no ability to construct
the project without work in the buffer zone. She also noted that the applicant needs permits from the Army Corps for work in/near the federal wetlands and vernal pools. She then continued with the “Construction Notes” numbers 9 through 13. Tom Sexton then questioned the quality of the water discharge into the proposed mitigation area from the current detention design (that locates mitigation in very close proximity to that basin) especially as it relates to phosphorus, hydrocarbons, etc. He noted that placing the stormwater basin on the east with mitigation standing alone without the stormwater discharge would prevent Phosphorous and hydrocarbons from entering into that vital area. Ms. McMenemy stated that the hydraulic connection between the detention basin and the mitigation area could be removed and that the design meets the stormwater management standards. She said that it was designed there to hydraulically nourish the mitigation area. Mr. Potvin said that a 12 to
15 foot cut would be necessary for the design to place the detention basin on the east side. Cliff Matthews responded that amphibians are much less likely to climb up to the uplands on that side of the vernal pool. Barry Lariviere noted that the larger size maple trees that are being considered for the mitigation area may necessitate the use of heavy equipment for installation. The applicant’s allotted hearing time, had by then elapsed By unanimous vote, the hearing was continued to March 9th at 7:30 PM.
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Informational/Crystal Way (off Mechanic St.)/ Lobisser Building/ Crystal Springs Phase III
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
Mark Allen and Steven Greenwald (the applicant’s attorney) were present for the scheduled discussion on the disposition of the proposed open space at the site. Brian Norton, an abutter to the project, recused himself from the meeting. Cliff Matthews noted that the hearing was closed on February 9th and that if any information or plan changes are made through the continuation of the Planning Board hearing process, the applicant must notify the Commission and may have to file an Amendment Request. Mr. Greenwald then stated that the open space land can be transferred either by Conservation Restriction (CR) or outright donation to the town through its Conservation Commission. He stated that the CR is the simpler method. If an outright donation were to take place, the Board of Trustees of the Condo Assoc. has
the authority to transfer the property but he was unsure if it would then have to go to town meeting. (Cliff Matthews stated that it would not have to go to town meeting as per MACC guidance.) Mr. Greenwald then said
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that if a transfer were to go forward, the second issue was that although statute does permit the transfer of condo land, it requires assent and signatures of all units and lenders. He stated that this could be very cumbersome. In contrast, the CR would need only a majority vote (75%). The Commission was amenable
to a CR as it serves the intent of the preservation of the land in perpetuity. Special Condition #19.1 in the Order of Conditions states that an affirmative vote on the CR or transfer of open space must be taken by the Condo Assoc. and submitted to the Commission before construction begins. Mr. Greenwald offered to prepare a draft CR. Neal Standley agreed to review the document and comment to the Commission. Once approved by Town Counsel, the Commission would sign the CR and return it to the Condo Assoc. for signatures. The document would then be sent to the Board of Selectmen for approval and signing and then be sent to Mass. DCR for same. Mr. Greenwald offered to send a copy of an approved CR to the Commission for review. He said that the document is approximately 7 and one half pages long and takes about 6
to 9 months for the entire process to be completed. Mr. Allen and Mr. Greenwald will be in contact with the Commission.
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Mr. Matthews reported that the town has received another update from the Federal Emergency Management Agency that states that the new revised FEMA maps will now be effective in 2012. It will incumbent upon the town to accept the new maps at next year’s Annual Town Meeting.
The Charles River Watershed Assoc. annual Charles River cleanup is scheduled for Sat., April 16 from 9:00 to noon.
The Commission is in receipt of the Right of Way maintenance program for NSTAR as well as a copy of the stormwater compliance report for Charles River Center.
Commission will meet on Wed., March 2nd to continue the review of the proposed Regulations. Motion was made by Mike O’Herron to approve the fees schedule for the Regulations, was seconded by Neal Standley and voted unanimously. Barry Lariviere will assist in the modification to the proposed Regulations forms.
Cliff Matthews stated that a complaint was received from K. Blake regarding issues at 1211 Pulaski Boulevard. The complaint was also received by the Zoning Agent. Mr. Blake is concerned that the property owner at 1211 Pulaski Blvd. has encroached onto the Town of Bellingham’s land at Jenks Reservoir. The Commission agreed that we do not have the resources to have a survey completed to confirm this information. The property was received by the town in the mid 1980’s.
Attending the meeting were: Cliff Matthews, Barry Lariviere, Neal Standley, Lori Fafard, Brian Norton, Michael O’Herron, and Anne Matthews.
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