Town of Bellingham
Conservation Commission
North Community Building
Bellingham, MA 02019
Minutes of the meeting of Sept. 28, 2011
Project: 105-688 & BWP-11 Project Description:
NOI Lot 8 Silver Lake Road, drainage
Applicant: Representative:
Bellingham Residential #2 Realty Guerriere & Halnon
120 Quarry Road 333 West Street
Milford, MA Milford, MA
Plans: NOI & Site Plan, proposed Sub-drain, 6 Silver Lake Road, dated August 15, 2011, revised 9/15/2011
Continuation time: 7:30 PM
Bob Poxon (G&H), Don Seaburg and property owner Shawn Sherry were present when Cliff Matthews opened the continued hearing. Mr. Poxon stated that at the last hearing, the representative from G & H was overzealous in responding to the recommendations discussed that involved the relocation of the proposed subdrain moving it from Lot 8 onto abutting property owned by the applicant, Bellingham Residential #2 Realty. He stated that officers of Bellingham Residential were concerned about the maintenance issue. Mr. Poxon stated that if the Conservation Commission and the owner would agree, Bellingham Realty proposes to revert back to the original design where the drop inlet is located on
Lot 8. He presented revised plans dated Sept. 27, 2011 showing the drop inlet in that location. He stated that the original location would function better from an engineering point of view because the design would incorporate the existing grades. Cliff Matthews stated that it appears that the previous owner of Lot 8 (Bellingham Residential #2 Realty) was too aggressive in their gravel removal as well as extending it beyond the property boundary on Lot 8 where groundwater has surfaced. This groundwater combined with surface runoff off the hill is currently flowing on both sides of the house on Lot 8 down onto Silver Lake Road. Cliff asked why the owners of Lot 8 should bear responsibility of water that is flowing from the abutting lot owned by Bellingham Residential #2 Realty. Mr. Poxon agreed that it appears that the groundwater
originates from the abutting parcel but he believes that a drop inlet located on Lot 8 may function better because of the existing grades. Property owner, Shawn Sherry stated that Don Seaburg and Peter Lavoie both agreed at the last hearing that the water originated from the abutting lot and asked why she, as the property owner, should bear responsibility for runoff from another property.
When asked by the Commission to state the company’s position, Don Seaburg stated (referring to the 9/27/11 plan) that they feel that the subdrain should be maintained by the owner and that there would always be a water problem. Further, if the current property owner of the abutting property were responsible for maintenance, it would provide difficulty in transferring the property to a different owner. Mr. Poxon stated that a Certificate of Compliance has already been issued for the construction of the house and septic system and that recourse for the water runoff issues would probably be a civil matter. Mr. Poxon presented the 9/27/11 plan and stated that the drop inlet located back on Lot 8 would accept surface water and redirect it out towards the 25 foot No Disturb Zone. He said that he would like to create a design
that would be a combination of the original plan and the newly revised plan of 9/27 in order to include a swale and modify grading. Mr. Matthews recapped that no one can dispute that the water is coming from the abutting lot, that the engineers state that this new design will work, that maintenance would now be the responsibility of the owners of Lot 8 and that recourse would be a civil matter by retaining the services of an attorney. Mr. Poxon stated that maintenance would consist of cleaning the silt, leaves and debris from the drop inlet twice annually. Mrs. Sherry stated that she is not an engineer and that she is uncomfortable with agreeing to this newly revised proposal. She requested that the Commission continue the hearing so that she could have her husband attend the next meeting. She also stated that she did not want the responsibility of taking care of the water issue. Mr. Poxon agreed to submit revised plans incorporating details of the original plan and the Sept.
27th plan
Conservation Commission
Minutes of the meeting of September 28, 2011
Page #2
and to submit the plans to the Commission and the applicant in advance for review. He also said that he would generate a letter stating that the final grading and hydro seed would be undertaken in the autumn and refreshed early in the spring of 2012 if necessary. By unanimous vote, the hearing was continued to October 26, 2011 at 7:31 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
Cliff Matthews stated that Austin Turner of TetraTech requested a continuation to the next Commission meeting of October 12th due to continuing dialogue and review with Tom Sexton. The October 12th meeting has been cancelled due to a conflict with the Special Town Meeting, therefore, by unanimous vote, the hearing was continued to October 26th at 8:00 PM.
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Project: 105-687 & BWP-12 Project Description:
CNOI 21 Scott Hill Boulevard - sfd
Applicant: Representative:
Roger Gagnon, ROGJEFF Inc. Vin Forte, Berkshire Env. Service
110 Freeman Street 911 South Main Street
Bellingham, MA Bellingham, MA
Plans: NOI and Septic System Design Plan, 21 Scott Hill Blvd., 7/21/11 revised 8/16/2011, Waiver request
Continuation time: 9:00 PM
Vin Forte was present when Cliff Matthews opened the hearing. Vin Forte presented revised plans dated September 27, 2011 reflecting the changes discussed at the last hearing and site walk. Cliff Matthews reminded Mr. Forte that revised plans should be submitted no later than ten days prior to the hearing under the local bylaw. Vin Forte stated that he has also submitted a request for a waiver to the bylaw to perform work in the 25 foot No Disturb Zone. This work would involve cleaning up the existing solid waste in that area then restoring the area by planting wildflower seed mix and constructing a fence to protect the No Disturb Zone. He described the proposed septic system grading changes made on the plan that would move grading outside the 25 foot No Disturb Zone. In addition, the revised grading would preserve a number
of existing trees on the site. Mr. Forte also said that the proposed white stockade fence would be posted with No Disturb Zone badges. The fence location must be moved a distance of 25 feet off the BVW. The general note #2 on the plan referring to the new house being connected to existing town water and septic system must also be revised because a new septic system is proposed on the site. Mr. Forte will notify the Board of Health on the change in location of the proposed septic tank and associated grading. He will submit revised plans to the Commission with the changes required.
By unanimous vote, the hearing was continued to 10/26/11@9:00 PM.
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Minutes of the meeting of September 28, 2011
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Project: 105-689 & BWP-13 Project Description:
NOI 22 Saumer Lane – septic repair
Applicant: Representative:
Maureen Sheehan Land Planning Inc.
21 Saumer lane 167 Hartford Avenue
Bellingham, MA Bellingham, MA
Plans: NOI and Plans: Repair of Subsurface Sewage Disposal System 22 Saumer Lane, 8/17/2011
Hearing time: 9:15 PM
Maureen Sheehan (owner) and Bill Halsing of Land Planning were present when the hearing was opened. Bill stated that proposal is for the installation of a new septic tank, pump chamber and leach field to replace the existing failing cesspool. The deep hole test determined depth to groundwater at 38 inches. The septic design will require four local upgrade waivers from the Board of Health. The Board of Health has not yet completed its review but the Commission reviewed an email from Health Agent, Mike Graf, relating to his concerns of potential run off issues with the current design. Mr. Halsing stated that retaining walls are proposed on either side of the newly designed leach field and that the proposed final grade is relatively flat. Mr. Halsing stated that live loading of excavation/construction materials would take place due
to the lack of space on the site. The Commission instructed Mr. Halsing that if any changes occur to the plan, he must notify the Commission in order to determine if an Amendment to the Order of Conditions would be required. There were no other comments or questions. By unanimous vote, the hearing was closed and an Order of Conditions issued.
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Referring to the Pulaski Boulevard reconstruction project, Cliff Matthews reported that the test pits for soil samples at the Denault, Dr. basin, Paine St. basin and the Deer Run basin were scheduled to take place tomorrow, Thursday, Sept. 29th. Mike Graf will be at the meeting on the town’s behalf.
George Holmes visited Scott Rhodes of lake Street auto regarding the Commission’s letter to Mr. Rhodes asking him to remove his belongings from our property at the corner of Lake St. and Pulaski Blvd. Mr. Rhodes told Mr. Holmes that Mr. Holmes should contact Scott Ambler, his attorney.
George Holmes reported on the progress of the culvert replacement at Hartford Avenue. The footings have been poured and are now curing. The project is on schedule. George will continue to monitor the site.
Cliff Matthews reported that the Commission received a letter from Guerriere & Halnon stating that the applicant for the Pine Hollows condo project wishes to withdraw their Notice of Intent without prejudice.
The Commission accepted the withdrawal.
The board quickly reviewed a proposed Chapter 40B project located at the drive in on Pulaski Boulevard entitled “Taft Estates” owned by Princiotta.
The Commission voted unanimously to cancel the regularly scheduled meeting of Oct. 12th due to the conflict with the Special town Meeting and to cancel the second regularly scheduled meeting of November 23rd due to a conflict with the Thanksgiving holiday.
The Commission has been notified that Toll Bros. will be withdrawing the Bellingham Estates roadway acceptance article from the Special Town Meeting in October.
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Minutes of the meeting of September 28, 2011
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The Conflict of Interest testing materials received from the Town Clerk was distributed to all the Commissioners. The deadline for taking the test is December 28, 2011. Confirmation of receipt of materials should be completed by all Commissioners and returned to either Anne Matthews or the Town Clerk.
The Commission will schedule a site walk for the Conservation Restriction property located on Plymouth Road. The request was made through the Metacomet Land Trust who holds the CR.
George Holmes will respond to John Root about the potential for scheduling an Edible Perennial Gardening Power Point presentation next spring.
Alice Smith of DEP has contacted the Commission to request that the Commission allow her to present a one hour stormwater management informational presentation at one of the Commission’s meetings sometime in the near future. George will contact her to confirm scheduling the session at 7:00 PM on November 9th.
Cliff Matthews reported that DEP has issued the Final Amended Superseding Order of Conditions #105-607 for the Chapter 40B project entitled, “Lakeview Estates” owned by Bellingham Residential #2 Realty.
Attending the meeting were: Cliff Matthews, Lori Fafard, Neal Standley, Brian Norton, Michael O’Herron, Anne Matthews, and George Holmes.
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