Town of Bellingham
Conservation Commission
North Community Building
Bellingham, MA 02019
Minutes of the meeting of May 11, 2011
Project: Project Description:
Informational Session Extension Request Blackstone St. #105-631
Applicant: Representative:
Mr. Marcotte
Informational Time: unscheduled
Mr. Marcotte approached the Commission to discuss the disposition of an Extension Request for the Blackstone Street project, DEP #105-631 issued on May 28, 2008. Cliff Matthews updated board members on the status of this project by stating that the applicant had lost the original Order of Conditions (that was sent to the applicant’s engineer) and subsequently requested that the Commission re-issue. In the meantime, the applicant obtained an attested true copy and recorded the document at the Registry on April 29, 2011. Cliff said that normally, the Commission would not issue an Extension when work had not yet begun. However, because the permit was valid during the tolling period of August 15, 2008 – August 15, 2010 of the Permit Extension Act, the permit is automatically extended for two years. Cliff explained that
the Commission is using only the completed front page of the Extension form as a courtesy for any applicant who requests a paper permit. The Commission is not required to issue anything according to the guidelines of that law. Mr. Marcotte asked if we would kindly send the Extension form to his wife at PO Box 80, Norfolk, MA 02056.
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Project: Project Description:
Informational Session 327 Farm Street Violation
Applicant: Representative:
Robert Yacino, 63 Douglas Street, Uxbridge, MA 01569
Informational time: 7:15 PM
Mr. Yacino arrived at the meeting to discuss a Violation Notice that the Commission had sent regarding his property at 327 Farm St., Bellingham. Mr. Yacino said that he has been out to the site to assess the situation and that he has been renting the property to some friends and their three children for the past four months. He showed the Commission a copy of an Eviction Notice that he has given to his tenants and expressed his discontent with the destruction they have created with ATV use and the ATV noise that has upset his former neighbors. Cliff Matthews then showed Mr. Yacino some pictures that were taken of the violations on the site. Mr. Yacino agreed to rake down, level and then not use the repaired ATV trails and ruts that were created in the resource area. He understood that the natural vegetation would grow well this
time of year if left undisturbed. Cliff showed pictures of the pooling of the septic system. Mr. Yacino stated that he is presently now all set with the Board of Health. Cliff then asked Mr. Yacino to level and seed the erosion in the back and side yards caused by runoff from the road. Mr. Yacino agreed to that work as well as using a small piece of equipment to pull back the bank (that was created for an ATV jump), clean out any solid waste and debris from that bank and then stabilize it. Mr. Yacino said that he would contact his landscaper tomorrow to schedule the work and agreed that all the work should be complete within thirty days. Cliff asked Mr. Yacino to kindly stay in contact with our Administrator or Lori Fafard to keep him apprised of the progress of the clean up. The Commission will send Mr. Yacino a follow up letter to summarize the agreement.
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Conservation Commission
Minutes of the Meeting of May 11, 2011
Page #2
Project: 105-656 & BWP-3 Project Description:
Amendment Lot 4 Silver Lake Road, sfd, septic, utilities
Applicant: Representative:
Bellingham Residential #2 Realty LLC Guerriere & Halnon Inc.
120 Quarry Dr. 333 West St.
Milford, MA 01757 Milford, MA 01757
Plans: Resource Area Plan Lot #4, Revised 4/28/2011
Meeting time: 7:30 PM
Don Seaburg was present when the continued hearing was opened. Mr. Seaburg presented revised plans showing the change in location of the proposed dwelling five feet further from the limit of the 25 foot No Disturb Zone. After review, the Commission voted unanimously to close the hearing and issue an Amended Order of Conditions referring to the revised plans submitted to Mr. Holmes previously.
Other discussions with Mr. Seaburg:
Barry Lariviere stated that he had been approached by the new owners of Lot #8, Silver Lake Road who are experiencing iron contaminated groundwater breakout from the rear of their property. The breakout flows down the side of the property into the street and then into the brook. Don Seaburg agreed that there was a groundwater breakout problem that needs to be addressed on the site. Barry then presented a copy of a letter from Wm. Beatty, attorney for Bellingham Residential #2 Realty, suggesting that the situation could be addressed with the installation of a drain that would direct the groundwater into the stream. Don Seaburg agreed that this work would not proceed until a filing was submitted to the Commission and a permit was issued. According to the letter from Mr. Beatty, Bellingham Residential has offered to absorb all costs
for the repair.
Lori Fafard stated that work has begun at Lot 13, Silver Lake Road. The Commission has just received the Notice of Intent for the site and the hearing is scheduled for June 8th. Don Seaburg will talk with the construction crew to confirm that no work may begin on the site until the wetland line is confirmed and an Order of Conditions is issued.
Don Seaburg has submitted a Request for a Certificate of Compliance for Lot 1, Silver Lake Road. The certification stated that all work is complete yet the pictures showed that the site was still not stabilized. He asked if we would then issue a Partial Certificate. The closing is scheduled for May 26th and the Commission agreed to re-evaluate the stabilization prior to that time. If appropriate, the board would then issue the full Certificate of Compliance. Lori Fafard agreed to inspect the lot and make a recommendation.
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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
Conservation Commission
Minutes of the meeting of May 11, 2011
Page #3
Plans: Proposed Site & Roadway, notice of Intent Permit Plans, Revised 4/27/2011
Drainage Report, The Shoppes at Bellingham, Appendix A & Appendix B, rev 4/27/2011
Continuation time: 8:00 PM
Robert Frazier, Brian Poxon and Ann McMenemy were present as well as peer reviewer, Tom Sexton,
for the opening of the continued hearing. Brian Potvin stated that the newly revised plans and drainage report include the entire site including the wetland “M” crossing design for Phase 1 and reflect all revisions that have resulted in the nearly four year hearing process. Also submitted are the current responses to peer reviewer, Tom Sexton. Mr. Potvin noted that the Water Resource District regulations would be addressed when the applicant submits to the Planning Board. Ann McMenemy stated that the applicant is continuing to review the requirements of the bylaw and regulations and that this filing is for the Wetland Protection Act. She added that there are many other agencies that will require filings and that the applicant may have to return to the Commission for those required changes. Mr. Potvin stated that
the overall drainage is the same for the site and complies with 2008 stormwater regulations. The drainage design includes use of Filtera Units, and the project drainage system would infiltrate 91% of the runoff from the site. Most of the runoff from parking and buildings is pretreated before release into the stormwater system. Tom Sexton added that the 91% infiltration does not include the roadway runoff. Mr. Potvin stated that the groundwater flows towards the town well through Army Corps land in the Charles River wetland system. He stated that the stormwater management design includes catch basins, particle separators and shut off vales in the basins in the case of an emergency spill. The details of the maintenance of the stormwater management system are included in a revised Operation and Maintenance Plan. Mr. Potvin stated that the owner of the roadway under this filing is WS Development. Mr. Frazier stated that WS Development has an agreement with the state that WS Dev. would
continue to be responsible for the maintenance of the road as submitted under this Notice of Intent. Mr. Potvin pointed out locations for proposed snow stockpiling as indicated in crosshatched lines on the plans. These areas are located along the perimeter of the site. In the event of a sizable snowfall season, snow would be trucked off the site. Mr. Potvin stated that the Operation & Maintenance Plan requires cleaning of the stormwater system in the spring after snow melt. Mr. Potvin referred to Sheet C13 when he stated that the roadway slope was 2:1 maximum and about ten feet close to the wetland boundary at one of the grading areas. Mr. Potvin also stated that the groundwater mounding analysis and associated figures 5A & 5B in the appendix to the drainage report show adherence to stormwater guidelines. Cliff Matthews then stated that the Planning Board under Water Resource District Bylaw as well as the town’s wetland bylaw regulation require four feet of separation
in the proposed basin bottoms. Mr. Potvin replied that in the future, W.S. Dev. will adhere to the Bellingham Wetlands Protection Bylaw. The Commission agreed to allow Mr. Potvin and Tom Sexton to communicate via email on any technical questions related to the on-going review as long as George Holmes is copied on the correspondence. The hearing was continued to June 22, 2011 at 8:00 PM by unanimous vote to allow for further questions from the Commission and continue the review. The Commission then presented the two year extension notice (granted under the Permit Extension Act) to the applicant explaining that this is the procedure that the Commission is taking regarding permits extended under the Permit Extension Act of November 2010. Ann McMenemy requested that the Commission refer to more detailed information regarding the extension and stated that she would investigate the matter.
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Conservation Commission
Minutes of the meeting of May 11, 2011
Page #4
Project: 105-684 & BWP-1 Project Description:
CNOI 323 Lakeshore Drive, proposed addition
Applicant: Representative:
John Csizmesia Bill Halsing, Land Planning Inc.
323 Lakeshore Drive 167 Hartford Avenue
Bellingham, MA Bellingham, MA 02019
Plans: NOI & Site Plan located at 323 Lakeshore Drive, Feb. 7, 2011, REV May 9, 2011
Continuation time: 9:00 PM
John Csezmesia and Bill Halsing were present when the continued hearing was opened by Cliff Matthews. Bill Halsing stated that the revised plans of May 9th show the location of the septic system and the
additional delineated wetland boundary on the property. Cliff Matthews said that the Commission had been on site to confirm the delineation. He added that after our visit to the site, it was obvious to the Commission that several wetland areas had been filled in the past. However, the Commission can take no action at this time due to the length of time that has passed since the violation(s). Mr. Matthews then stated that the Commission has never permitted wetland impacts in order for an applicant to build a structure and suggested that the applicant explore all alternatives.
Regarding the septic system, Mr. Csezmesia stated that the top of the septic tank was repaired around 1980 because it broke and needed replacement and that the tank has a 1,500 gallon capacity. He asked why the Commission wanted to know. Mr. Matthews explained that the addition that he is proposing
nearly doubles the size of the house. He added that the Board of Health may require a septic upgrade and that it would be to his advantage to include that repair in this filing. Mr. Csezmesia stated that he will have another bedroom in the new addition and that there would continue to be two bedrooms in the dwelling. Bill Halsing stated that the proposed wetland alteration includes the replication area that resulted from the recent Enforcement Order issued to the applicant.
Cliff Matthews then stated that one alternative is to reduce the size of addition to avoid the wetland impacts. He added that DEP would more than likely ask his to do so if he were to file an appeal.
The proposed addition currently measures 23 x 24. Mr. Halsing suggested that Mr. Csezmesia reduce the size to 20 x 16 leaving at least a ten foot barrier to wetland. The Commission asked Mr. Halsing and Mr. Csezmesia to work out the details including measures that would be implemented to protect the resource area (i.e. fencing) and to contact George Holmes with a preliminary drawing in order that the applicant would not be wasting resources and time on the project that may not be a viable project. The gentlemen agreed to consider the alternative. By unanimous vote, the hearing was continued to June 8th at 7:30 PM.
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Tom Sexton met with the Commission to discuss proposed changes to the Guidelines for filing under the Bylaw for large projects that is currently posted on the website. He suggested that he submit a redlined copy to us for revisions that would include information reporting on Phosphorous.
The Board voted to cancel the next regularly scheduled meeting of May 25th due to a conflict with the Annual Town Meeting.
Extensions granted by the Permit Extension Act of November 2010 were sent to Aquatic Control Technology for Silver Lake, Jenks Reservoir and Lake Hiawatha. The form is the first page of an Extension form and state that it is granted under authority of the Permit Extension Act.
A complaint was registered to DEP regarding the newly constructed detention basin located at Denault Dr/ and Pulaski Blvd. George Holmes will contact Mass. Highway and Lynch to determine if the high groundwater in the basin is a design or construction problem.
Conservation Commission
Minutes of the meeting of May 11, 2011
Page #5
The Commission will initiate contact with Clarice Csezmesia regarding filling in a resource area on her property located at Saumer Lane. The Commission noted the violation when on site for 323 Lakeshore Drive.
The minutes of the meeting of April 27, 2011 were accepted with one small correction.
The Commission signed the Amended Order of Conditions/105-656 & BWP3/Lot 4 Silver Lake Road/sfd/Bellingham Residential #2 Realty.
Attending the meeting were: Cliff Matthews, Barry Lariviere, Neal Standley, Michael O’Herron, Brian Norton, Lori Fafard and Anne Matthews.
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