Town of Bellingham
Conservation Commission
North Community Building
Bellingham, MA 02019
Minutes of the meeting of June 22, 2011
Project: BWP7 Project Description:
RDA Mass Bay Commuter Railroad Right of Way
Wetland re-verification for Yearly Operational Plan
Applicant: Representative:
MA Bay Commuter RR Kyle Fair, TEC Associates
32 Cobble Hill Road 46 Sawyer Street
Somerville, MA South Portland, ME
Plans: RDA & RDA Narrative 5/31/2011 & Plan Town of Bellingham, Franklin Branch dated 5/25/2011
Brendan Aimee of TEC Associates was present when the meeting was opened. Brendan stated that the reason for the filing is for the re-verification of resource areas located along the MA Bay Commuter Railroad in order that no spray zones and limited spray zones can be re-established as they apply to the Yearly Operational Plan for chemical treatment of vegetation (Roundup, Oust, etc) along the railroad line. No spray zones include those resource areas that are located within ten feet of the right of way and limited spray zones are those resource areas that are located within one hundred feet. He presented a copy of the plan submitted with the Request for Determination of Applicability and stated that this plan has been revised from the previously approved plan of record from the expired Determination Applicability. Barry Lariviere
opened the GIS file of the railroad line and the Commission reviewed the submitted material. It was determined that corrections must be made to two areas located along the railroad ROW. These corrections include the addition of the 400 foot well zone to well #9 at station 32.90 as well as the addition of an excluded resource area & culvert at station 33.6. Brian Norton noted that the Mill St. site is littered with old railroad ties that appear to be in the buffer zone and resource area. Mr. Aimee stated that he would note this in his report. He stated that he would also pursue sending the Commission a contact at Mass Bay so that the Commission could request clean up. Barry Lariviere offered to send Bellingham overlays to Brendan so that newly revised plans and corrections in the narrative and resource areas could be sent to the Commission. Brendan will submit the information in ample time for the next meeting. By unanimous vote, the meeting continued to Wed., July
13th at 7:30 PM.
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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: 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
The continued hearing was opened. The applicant and representatives were not present, however, Brian Sutherland, an interested citizen was present. Due to lack of time for peer reviewer, Tom Sexton, to complete his review, the Commission had contacted the applicant to request a continuation of the hearing to the first meeting in August. By unanimous vote, the hearing was continued to August 17th at 8:00 PM.
Conservation Commission
Minutes of the Meeting of June 22, 2011
Page #2
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
Plans: NOI & Plans entitled “Pine Hollow Estates, Sheets 1-15, 7/23/10, revised 4/14/2011
Hearing time: 9:00 PM
Robert Poxon of Guerriere & Halnon was not present, but had sent an email request to continue
the hearing to July 13th so that peer review could be completed. Since the Commission has not yet received the peer review funding from the applicant, George Holmes will contact Mr. Poxon to request same.
Brain Sutherland and two Brook Street residents stated that they believed that the abutter notification was improperly performed stating that only one Brook St. abutter was notified. These residents then notified several other Brook St. residents of the hearing. Anne Matthews will check the abutter notification to verify that it was complete. By unanimous vote, the hearing was continued to July 13th at 8:00 PM
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Project: 105-685 & BWP-6 Project Description:
CNOI 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 6/15/11
Hearing time: 8:30 PM
Don Seaburg was present when the continued hearing was opened. Cliff Matthews stated that the Commission visited the site on Sat., June 18th to verify the wetland boundary which was accepted as delineated. The house has been moved toward ten feet forward towards the street and there is now 38 feet to the resource area edge. The 1400 square foot house will be constructed on a concrete slab. Mr. Seaburg stated that a fence with No Disturb Zone badges has also been added to the revised plan. The Commission told Mr. Seaburg that the one of the conditions in the permit will be that solid waste located in the resource area at the rear of the property must be removed by hand. There were no further comments. By unanimous vote, the hearing was closed and an Order of Conditions will be issued.
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The Commission voted unanimously (Brian Norton recusing himself from the vote) to sign the Conservation Restriction for the 23 acres located at Crystal Way. The CR is part of the Crystal Way Condominium Order of Conditions and Planning Board permits.
The Commission signed:
Certificates of Compliance 105-457/Lot 18, 31 Whitehall Way, sfd (the Order was no longer valid)
105-643/Lot 18, 31 Whitehall Way, sfd
Order of Conditions 105-684 & BWP-1/375 lakeshore Dr./addition/ Csizmesia
Neal Standley agreed to be the contact person for the project
105-685 &BWP-6/Lot 13, Silver lake Road/Bell Res/sfd
Conservation Commission
Minutes of the Meeting of June 22, 2011
Page #3
The Commission voted to cancel the first regularly scheduled meeting of August 10th and to re-schedule to August 17th in order to allow enough time for advertising and meeting preparation for the Matthews who would be on vacation. The Commission also voted unanimously to cancel the second meeting of July 27th due to the inability to raise a quorum. Anne Matthews will write letters to the Town Clerk for posting and prepare a notice for the town website.
Cliff Matthews updated the Commission members on the Pulaski Boulevard reconstruction project permitted under DEP File #105-632. He stated that the detention basins located at Denault Drive, Deer Run and Paine Street are all holding water and do not seem to be infiltrating stormwater as designed. He said that the basins were improperly constructed or improperly designed and has requested Phil Paradis of BETA to provide as built elevations of the basins bottoms and sides as well as elevations of the outfalls and inlet structures. Once this task is complete, the Commission will be able to identify if it is a design problem or construction problem and render a retrofit. We have also requested that Tom Sexton be compensated for his peer review services. Neal Standley, Anne Matthews, Phil Paradis and Tom Sexton visited the three
basins on Monday June 20th. The basins were to have been de-watered for surveying but the dewatering operations had just commenced in the late afternoon. The elevations were scheduled to take place on Wed., June 22nd but it rained heavily. The work has been rescheduled to Wed. June 29th. Cliff stated that this project was never sent out for peer review during the Notice of Intent filing process. Don DiMartino will work with the Commission to resolve the peer review expense. Selectman Mike Soter, who was present for the entire Commission meeting requested that the Commission or its representative meet with the Board of Selectmen at its special meeting scheduled for Thursday June 30th to apprise the Selectmen of the Pulaski Boulevard basin problems. Cliff Matthews said that he would update Denis Fraine before that meeting.
George Holmes reported that the Fire Chief and State Fire Marshall have issued a 72 hour cease & desist for the cleanup of the property located on Maple St. The property was issued a permit for a motorcross racing facility by the Planning Board and Conservation Commission. The property owner has been storing very large piles of logs, dirt and mulch on the property.
The Zoning Board issued a permit for Lakeview Estates, a Chapter 40B project located on Silver Lake. The applicant has now filed The Shores at Silver Lake II on an abutting property with the Planning Board. Cliff will write to the Planning Board quoting EOEA’s requirement of the applicant to file with EOEA regarding cumulative impacts to the municipality. EOEA has clearly stated that the applicant may not segment these projects.
Neal Standley will discuss the wetland filling at Saumer Lane with John Csizmesia while on site for inspections for adherence to the Order of Conditions issued to John Csizmesia for his property located at 323 Lakeshore Drive.
Lori Fafard stated that Mr. Yacino, property owner at 327 Farm St. is still trying to evict his tenants. Lori agreed to get Mr. Yacino to provide a progress report to the Commission. The three tasks required for cleanup include, smoothing out the ATV ruts in the resource area and blocking off access to it, the re-vegetation of the disturbed areas over the cesspool and the removal of trash and debris from the buffer zone.
Cliff stated that the Commission may need to reserve at least one article for the Special Town meeting in October to transfer funds from the revolving account to the land acquisition account. We will contact Marilyn Mathieu for advice.
Conservation Commission
Minutes of the Meeting of June 22, 2011
Page #4
Attending the meeting were: Cliff Matthews, Barry Lariviere, Neal Standley, Brian Norton, Lori Fafard (arriving at 8:00 PM), Anne Matthews and George Holmes. Also attending the meeting was Selectman Michael Soter.
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