Town of Bellingham
Conservation Commission
North Community Building
Bellingham, MA 02019
Minutes of the meeting of June 8, 2011
Project: 105-684 & BWP1 Project Description:
Notice of Intent Proposed addition with 360 ft of BVW alteration &
Replication
Applicant: Representative:
John Csizmesia Bill, Halsing, Land Planning Inc.
323 Lakeshore Dr. 167 Hartford Avenue
Bellingham, MA Bellingham, MA
Plans: NOI & Site Plan located at 323 Lakeshore Dr., 2/7/11, Rev 6/6/11
Continuation Time: 7:30 PM
John Csizmesia and Bill Halsing were present when Barry Lariviere opened the continued hearing. Bill Halsing stated that he had submitted a revised plan to the Commission just recently. The revisions include a reduction in the size and location of the addition therefore, no work is proposed within the resource area. The newly proposed addition is located nine feet from the Bordering Vegetated Wetlands (BVW) boundary. Mr. Halsing also stated that a fireplace is proposed along the back side of the addition and that the driveway location will remain the same as it is currently. They will abandon the proposal to access via the Chowder Bowl property. Proposed temporary buffer zone impacts are 485 square feet with permanent impacts equaling 725 square feet. Mr. Csizmesia expressed dissatisfaction with Mr. Halsing’s revised
plans stating that he wanted to have the addition seven feet from the BVW claiming that it related to the way he wanted to construct the addition framing. The Commission stated that we have not been copied on the architectural plans and are reviewing the addition footprint only and therefore would not be cognizant of any requirements for framing the structure. Mr. Csizmesia stated several times that he understood that the Commission had stated at the last hearing that if he would preserve nine feet to the wetland edge, the Commission would be satisfied. He also stated that he wanted the hearing closed that evening. The Commission explained that the current plan would then be the referenced plan in the Order of Conditions if he insisted on closing the hearing. The current plan shows nine feet to the wetland line with six feet behind the new addition to access the shed behind the house. Mr. Csizmesia stated that he would have doors in the new addition that would enable him to access
his shed. Mr. Csizmesia also agreed to remove all the debris on the site as indicated on the plan and to install a four foot high chain link fence sixty feet in length with no disturb zone signage along the top of the bank of the resource area boundary as referenced on the revised plan. Mr. Csizmesia also agreed to remove most of the debris before construction began. Mr. Halsing stated that siltation controls are proposed on the wetland side of the proposed fence. Mr. Holmes stated that more protection of the resource areas on site would be achieved by extending the proposed fence to the north and south. Two commissioners stated that it was probably not be necessary as the area was already degraded. The hearing time had continued ten minutes into the next hearing time. Barry Lariviere entertained a motion to close the hearing and issue an Order of Conditions. It was seconded and voted unanimously to do so.
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Project: 105-682 & BWP-5 Project Description:
Notice of Intent Countryside Road, Pine Hollow Estates
36 condos in 12 bldgs, stormwater mgt.
Applicant: Representative:
Robert Corey, Corey Builders LLC Robert Poxon, Guerriere & Halnon, Inc.
237 West Central St. 333 West St.
Milford, MA Milford, MA
Conservation Commission
Minutes of the Meeting of June 8, 2011
Page #2
Plans: NOI & Plans entitled “Pine Hollow Estates, Sheets 1-15, 7/23/10, revised 4/14/2011
Hearing time: 8:00 PM
Robert Poxon of Guerriere & Halnon was present as representative for the applicant. Also present were five abutters from Brook Estates (see list). Vice Chairman Barry Lariviere opened the hearing and Mr. Poxon began the presentation. Mr. Poxon stated that the 25 acre site is located between Bellwood Condominiums & Brook Estates located off of Countryside Road. The Notice of Intent is for a 36 unit townhouse condo development, 3 units per bldg, using approx. six and a half acres. The balance of the 18.5 acres is to be preserved through a conservation restriction per Mass. Endangered Species Act (MESA). A habitat analysis has been submitted in the filing and the applicant has been working with MESA to mitigate impacts to habitat in the area. He stated that the project lies within the buffer zone to Bordering Vegetated
Wetlands (BVW) located to the north and east. The limit of disturbance is fifty feet from the BVW except for the rip rapped outfall of the basin which is located 30 feet from the BVW. Twelve test pits have been performed for soils evaluation for the eight shared septic systems. Mr. Poxon stated that recharge has been proposed in accordance with the Bellingham Wetlands Bylaw (no increase in volume over the 25 year storm event). He also stated that EPA standards for Phosphorus state that the first one inch of runoff must be infiltrated and that this project far exceeds that standard. He said that the project is calculated to be less than two acres of imperious material. A BaySaver drainage component is proposed and is located near the basin. The eight on-site septic systems will be Presbe systems and the closest point to the BVW from any system is 65 feet. The septic systems have not yet been designed. An Operation and Maintenance Plan is included in the filing. Mr. Poxon stated that
he would quantify the square footage of buffer zone on the site and the area that is proposed to be impacted. Mr. Poxon then stated that the Planning Board has required the applicant to seek a second access to the site and to seek alternatives including the purchase of land from St. Blaise church. He explained that that access would create tens of thousands of square feet of wetland impacts and that there may be other alternatives. Barry Lariviere stated that the Commission will not make comment on any other access as it is not part of the Notice of Intent filing. Abutters present expressed their concern with the necessity for a secondary access and reiterated that the Planning Board instructed the applicant to locate one before their next continuation or the project would not be approved. Anne Matthews recommended that the commission seek peer review for the project and the board and agreed. Mr. Poxon claimed that the Planning Board has already had peer review but finally
agreed and asked if the review could be done as expeditiously as possible. Anne Matthews will contact Tom Sexton on Thursday and advise Mr. Poxon of the outcome. By unanimous vote and by Mr. Poxon’s request, the hearing was continued to June 22, 2011 at 9:00 PM. If peer review is not yet complete, the hearing will be continued to the next available meeting date.
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Project: 105-686 & BWP-6 Project Description:
NOI Lot 13 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: NOI & Site Development & Facilities Plan, Lot #13, April 27, 2011, Revised 6/1/11
Hearing time: 8:30 PM
Don Seaburg was present when Barry Lariviere opened the hearing for Lot 13, Silver Lake Road. Mr. Seaburg stated that the lot is approx. 3.17 acres but a large percentage is wetlands. He presented the wetlands report prepared by Judith Schmidt that stated that Bordering Vegetated Wetlands, Bank and Land
Under Waterbody exist on and within 100 feet of the property. Mr. Seaburg stated that sixteen pine trees and an associated berm have already been constructed on the site. He was reminded that no work is to
Conservation Commission
Minutes of the Meeting of June 8, 2011
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have commenced until the Order of Conditions had been issued and that he would be risking enforcement action. Seaburg stated that the distance between the proposed deck and the BVW is 31 feet. The Commission told Mr. Seaburg to shift the house closer to the road to gain more area between the deck and the 25 foot No Disturb Zone. He was also instructed to add a fence along the 25 foot No Disturb Zone on the plan. Erosion controls are proposed along the perimeter of the lot. Mr. Seaburg stated that the house will be built on a concrete slab. A site walk was scheduled for Sat., June 18th at 8:00 AM. By unanimous vote, the hearing was continued to June 22, 2011 at 9:30 PM.
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Project: 105-656 & BWP-3 Project Description:
Amendment informational 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 5/2/2011
Informational time: 9:00 PM
Anne Matthews stated that the hearing for this lot was closed at the May 11th Commission meeting. At that time, the revised plan dated 4/28/11 was approved. Subsequently, the applicant attempted to get a building permit submitting a newly revised plan dated 5/2/2011. George Holmes contacted Mr. Seaburg to let him know that the Commission had not approved the May plan and could not sign the building permit. The applicant then sent a letter to the Commission requesting an informational meeting requesting review of the May 2nd plan. The letter also granted an extension to the Commission for the release of the Order of Conditions for the filing so that the newly revised plan would be reviewed and hopefully approved by the Commission and become the plan of record in the Order of Conditions. Mr. Seaburg then
presented the May 2, 2011 revised plan. He stated that the deck at the rear of the dwelling had to have a small section added to it in order that the homeowner could access the interior of the house from the deck. As designed, the deck had no entrance into the house. The newly proposed deck is now an “L” shaped deck and is located approx. 5-6 feet off the fence protecting the 25 foot No Disturb Zone. The location of the fence is not to be modified at any time. Seaburg then requested that the Commission reflect the May 2, 2011 plan in the Order of Conditions. The Commission voted unanimously to sign and release the Order of Conditions reflecting the revised plan.
Lot #8 / Don Seaburg stated that they are still working on the drainage issue at Lot #8. He stated that
He is aware that he must file with the Commission for that drainage modification.
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Conservation Commission
Minutes of the Meeting of June 8, 2011
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105 Freeman St./Informational / Derek Cotton
Derek Cotton, the homeowner of the property located at 105 Freeman St., approached the Commission to discuss the deck on his house that that is in need of repair. He presented pictures of the deck stating that the house was built by Roger Gagnon in 1992 and was purchased by him in 2003. He stated that he wants to sell the property but that an inspection showed that the cantilevered deck has structural problems. He explained that he hired a structural engineer who stated that the deck needs vertical concrete or steel footings to support it. The Commission explained that Mr. Gagnon had built the house in wetlands and did not have an Order of Conditions for the project. After the issuance of an Enforcement Order, Mr. Gagnon filed a Notice of Intent to move the house out of the wetland. Mr. Gagnon had requested a deck, but because,
the house was so close to the resource area, the Commission approved Mr. Gagnon’s suggestion to cantilever the deck off the back side of the dwelling to avoid wetland impacts.
Mr. Cotton now needs to replace the deck and has been advised that vertical concrete or steel footings are the best way to reconstruct the deck. The Commission told that Mr. Cotton that he would have to file a Notice of intent with the Commission in order to proceed with the repairs. The filing would quantify wetland impacts and propose replication, if necessary.
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The minutes of April 13, 2011 were accepted with a few minor corrections. The minutes of the meeting of May 11th were approved.
Vacation schedules were discussed in order to confirm that a quorum of members would be present for scheduled summer meetings.
Lori Fafard stated that Mr. Yacino of 327 Farm Street has all of his landscaping receipts for grass seed and is proceeding with the clean up on his property. George Holmes said that cones have been placed at the entrance of the property. Both Lori and George will investigate the clean up further.
The Commission is in receipt of NSTAR Access Road Maintenance proposal. George Holmes is aware of the project.
Tennessee Gas Pipeline has submitted its Yearly Operational Plan (YOP) to the Commission.
George Holmes reported that two of the newly constructed basins on Pulaski Blvd. that are part of the Pulaski Blvd. reconstruction do not seem to be working properly. The basin at Deer Run Road and the basin at Denault are both holding water. Cliff has been in contact with Don DiMartino, Phil Paradis (BETA) and Webb of MA DOT to complete any necessary repairs before the contractor finishes the project. Cliff wrote a letter to Phil Paradis of BETA (the designing team) explaining the situation. The letter stated that the basin bottom elevations must be determined to see if the problem is a design flaw or a construction error and to determine who is responsible and who will render the repairs. The basins must be corrected in order to function as proposed.
Attending the meeting were: Barry Lariviere, Neal Standley, Michael O’Herron, Brian Norton, Lori Fafard,
Anne Matthews and George Holmes
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