Town of Bellingham
Conservation Commission
North Community Building
Bellingham, MA 02019
Minutes of the meeting of August 24, 2011
Project: 105-682 & BWP-5 Project Description:
C 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
Continuation time: 7:30 PM
Don Nielsen of Guerriere & Halnon was in attendance for Robert Poxon when the continued hearing was opened. Also present were abutters Ethel Patnicio and Jacinta Lavallee. Cliff Matthews stated that, by the recap, the hearing was opened on June 8, 2011 and continued to June 22, 2011 so that peer review funding could be established and peer review commence. Prior to the continued hearing of June 22nd, Mr. Poxon sent a request for another continuation so that peer review could be completed. At that time, the Commission had not yet received the peer review funding from the applicant. The hearing was then continued to July 13th. Prior to the July 13th continued hearing, Mr. Poxon sent another request for continuation to August 17th stating in his email “to allow for the completion of
the peer review”. The Commission had not yet received the peer review funding from the applicant. Abutters raised concerns about the abutter notification process which necessitated that the Commission determine if the applicant had properly noticed all abutters. After discussion, the Commission voted to continue to August 24th to give the applicant plenty of time to submit peer review funding. Mr. Poxon has now requested another continuation to an indefinite date. Cliff Matthews stated that he contacted DEP on the abutter notification issue and received information that under the Wetlands Protection Act, the owner of a condo property, usually a property of a condo association, must be notified and must bear the responsibility of notifying all condo owners. However, under the local bylaw, a certified abutters list must be obtained from the Assessor’s Office for use in notifying each condo unit owner. Therefore, the applicant must comply with the requirement
under the local Bylaw & Regulations. Mr. Matthews stated that he has spoken with legal counsel regarding the applicant’s lack of response for establishment of peer review funding and the applicant’s request for another continuation. After discussion with the Commission members utilizing Legal Counsel’s suggestions, the Commission voted unanimously to continue the hearing for two months to Oct. 26th at 7:30 PM with the following conditions. The first condition is that two weeks prior to the continued hearing, the applicant must notify all abutters (individual unit owners) by Certificate of Mailing and provide proof of the notification to the Commission. The second condition is that at least two weeks prior to the continuation, the Commission must receive peer review funding from the applicant so that peer review may commence. If these two conditions are not met, the Commission may deny the project without prejudice or ask the applicant to withdraw
the Notice of Intent without prejudice. Mr. Nielsen stated that he would convey this information to Mr. Poxon.
________________________________________________________________________________________
Conservation Commission
Minutes of the Meeting of August 24, 2011
Page #2
Informational Meeting/Pearl Street drainage improvements
Don DiMartino and Don Nielsen of Guerriere & Halnon requested an informational meeting to discuss drainage improvements necessary at Pearl St. Cliff Matthews stated that Guerriere & Halnon had submitted a Notice of Intent in June that did not address the requirements of the local Bylaw and Regulations. He stated that the Commission had contacted Guerriere & Halnon with some of the items that should be included in the filing. The Commission has not yet received this information and therefore has not scheduled the hearing. Don DiMartino stated that he would like to include a drainage line from the Rosewood on Hartford Ave. into the Pearl St. drainage improvements that would include the addition of a couple of catch basins and a plunge pool. Mr. Matthews stated that this area includes a number of resource areas including
Bordering land Subject to Flooding, Riverfront Areas, 25 foot and 50 foot No Disturb Buffer Zones whose impacts must be quantified. The Commission also stated that drainage calculations would be required to confirm that the stormwater management system is adequately sized or what size storm could be accommodated by the proposed drainage structure. Don Nielsen was concerned with the possibility of not being able to meet the performance standards under the local bylaw for the project. Mr. Matthews suggested that the applicant review the recent Cross Street filing submitted on behalf of the DPW to identify proper filing procedures under the local bylaw Regulations. As soon as the information is received, the Commission will advertise the hearing.
_______________________________________________________________________________________
Cliff Matthews stated that the Regulations for the local bylaw are in need of some revisions. At this time, he suggested that the Commission revise Section 7: Determinations of Applicability by eliminating abutter notification and adding a section to include issuance of Negative Determinations. The wording will be discussed at the next meeting.
The Commission signed: Emergency Certification & Conditions/BWP-10/Hartford Ave.
Culvert Replacement
Cliff Matthews stated that upon consultation with Town Counsel, he has written a letter to Scott Rhodes of Lake St. Auto to request removal of all Mr. Rhodes’ belongings that are currently located on the abutting land located on Lake St. near Pulaski Blvd. owned by the Conservation Commission. The letter requests complete removal by September 30, 2011.
Attending the meeting were: Cliff Matthews, Barry Lariviere, Neal Standley, Brian Norton, Michael O’Herron, Anne Matthews and George Holmes.
| 
