Town of Bellingham
Conservation Commission
North Community Building
Bellingham, MA 02019
Minutes of the meeting of Sept. 14, 2011
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: 7:30 PM
Bob Frazier of WS Dev., Ann McMenemy of ERM, Brian Potvin of TetraTech and peer reviewer, Tom Sexton, were present when the continued hearing was opened by Cliff Matthews. Mr. Matthews stated that the Commission would like to discuss the Category Sheets that the applicant had submitted for review at the last continuation of August 17th that referenced outstanding comments in peer review letter generated by Tom Sexton of Haley and Ward dated August 10, 2011. He stated that categorizing the items contained in Tom Sexton’s letter was a good place to begin, but that the Commission may have additional concerns as well. Mr. Matthews stated that the Wetlands Protection act states that the applicant must obtain or be in the process of obtaining other state and local permits during the Notice of Intent process. He stated
that one month ago the Commission reminded the applicant that this project is not designed to meet those other standards (i.e. Water Resource District, Bellingham Wetlands Protection Bylaw, EPA etc). He stated that many of these design requirements have been classified as a “Category 1 Other Regulatory Requirements” by the applicant. Cliff suggested again that the applicant withdraw without prejudice and resubmit once these design changes have been incorporated into the project plans. Ann McMenemy responded that the applicant did not wish to withdraw. Mr. Matthews stated that even though these items are classified as Category 1 items, the applicant continues to be responsible for addressing them.
Referring to Category 1, Cliff stated that the following items would be changed to Category 2 or 3:
#46j (pg11) Temporary detention basins. All basins would be reviewed for location in buffer zones and any potential impacts to resource areas
Additional 8(pg14) sizing of outlet. He stated that this may be covered under the local bylaw but the Conservation Commission will not allow the potential for clogging of outlet structures in basins by a few leaves due to the design of one inch orifice and added that this is not good engineering practice.
WRA (pg20) Wetland Mitigation Ratio. The Commission would review the design but it has been conservation commission policy over the past decades to require replication at 2:1 ratio.
WP-4(pg 24) Submittals to Fisheries & Wildlife. Mr. Matthews said that DEP agreed with the suggestion of the Conservation Commission that the applicant should submit a copy of the Supplemental NOI for the crossing of Wetland M vernal pool area to Fisheries & Wildlife. Ann McMenemy said that Dr. French of Fisheries stated that Fisheries only certifies pools but has no other regulatory authority. Cliff will check on this.
SM-11(pg26) –Detention basin sizing. The Commission would review peak discharge in the 100 yr storm event
Conservation Commission
Minutes of the meeting of September 14, 2011
Page #2
NewWP4 (pg27) – Certified Vernal Pool Wetland “T”. Cliff Matthews stated that Wetlands “T” needs to be shown on the plan. Ann McMenemy stated that the limits of this vernal pool were never confirmed but she agreed that that it can be shown on the plan as was delineated.
Cliff then proceeded to Category 3 – Technical Items. Brian Potvin stated that his discussions with Tom Sexton do not include any decisions but only clarifications to tom’s peer review comments. He thanked the Commission for allowing this time between the two engineers and stated that he has spent a good couple of hours already and anticipates another couple of hours for these items.
Brian Potvin began Category 3 items with WP1, WP2 and WP3 which have been reviewed by Tom Sexton & Brian Potvin.
WP1 (pg23) Wetland CAD files – Tom Sexton questioned whether the CAD files were in meters or feet. Mr. Potvin said that he would confirm that the files are in feet. The CAD files have been sent to Tom as requested.
WP2-Revisions to Stream Crossing sections – Mr. Potvin presented revised plans showing correction on the error on the cross section lines.
WP3- Specify limits at M Crossing – Brian Potvin presented revised plans that labeled the limit of tree clearing at the proposed bridge abutments
Mr. Potvin then proceeded to Item 9 (pg7) infiltration separations to groundwater. Brian presented a plan showing test pit locations, borings locations and monitoring well locations on the proposed shopping center development area of the site. He began with Infiltration Basin #1 which, he stated after referring to the charts on the graphic, has more than two feet of separation to groundwater. Michael O’Herron asked if the test pit information has been verified as requested by peer review. Mr. Potvin answered that many of these test pits go back to 2006 and some have been witnessed but that he would have to check the files. He added that all were witnessed by a licensed soil evaluator and geotechnical consultant but not necessarily a third party. Tom Sexton stated that the test pits should be witnessed by the town. Ann
McMenemy stated that George Holmes may have been out on the site during test pits operations to ensure that no resource areas were impacted. Cliff Matthews then stated that the Planning Board requires four feet of separation to seasonal high groundwater under the Water Resource District in order to protect the town’s well water supply. He added that the Wetlands Protection By law requires four feet of separation and that the applicant has designed for only two feet. Brian Potvin stated that the groundwater elevation in the basins is consistent with the Groundwater Flow Contour Mapping of 2008. Cliff Matthews stated that the Commission had requested this information from Marc Lavoie early on in the project review and that it was finally submitted over one year later. Cliff then asked Mr. Potvin how the applicant accessed the site with heavy equipment in order to perform the test pits and borings. Ann McMenemy stated that access was obtained on the gravel access road behind
Home Depot. Mr. Frazier stated that Varney Bros used this dirt road to access the site with their 18 wheel trucks many years ago for gravel operations. Cliff Matthews then stated that the applicant has submitted an NOI for this project with only one access. The proposed access has approximately 3900 sf of BVW impacts as well as impacts to a certified vernal pool. The existing approximate 60 foot wide roadway access behind Home Depot is wide enough to have serviced 18 wheel gravel trucks and would have minimal wetland impacts. Ann McMenemy stated that that roadway is very narrow and overgrown. Mr. Potvin stated that the applicant would have to cross private property to access the Shoppes site. Mr. Matthews stated that both this access and The Shoppes site properties are currently owned by Varney. He added that road behind Home Depot site is currently owned by the applicant. Discussion followed. Ann McMenemy stated that all alternatives have already been explored and exhausted. Bob
Frazier stated that the 495 Interchange is an important part of this project and should be considered. Mr. Matthews stated that the Commission has been told many times by the applicant that the review is for The Shoppes project only as under the WPA there are no provisions for project segmentation. Therefore, it is incumbent on the Commission to evaluate the single proposed access and weigh the impacts and alternatives. There is another viable access to the site that would have far fewer impacts to resource areas than the proposed crossing of wetlands “M” and its associated vernal pool of over 3900 sf of impacts.
Conservation Commission
Minutes of the Meeting of September 14, 2011
Page #3
Steering the conversation back to Infiltration Basin #1, Brian Potvin began discussing test pit data. Tom Sexton stated that this is the same data as was submitted previously and Mr. Potvin agreed stating that the information must be compiled. Mr. Sexton stated that some of the test pits information seems to conflict with discussions on seasonal high groundwater. Mr. Potvin responded by saying that even in worst case scenario, it is he opinion that there is no issue with separation to groundwater. Mr. Sexton suggested review of each test pit and mounding analysis and that he does not agree with Mr. Potvin’s opinion. Mr.
Potvin said that there would be filling of seven feet at infiltration basins 4 and 5. Cliff Matthews then agreed to allow Mr. Sexton and Mr. Potvin to communicate on this issue #9pg7 and the associated tables. Mr. Potvin said that he would provide 11 x 17 sheets of the tables that reflect test pit information. Time had elapsed. By unanimous vote, the hearing was continued to September 28th at 8:00 PM.
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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
Hearing time: 9:00 PM
Cliff Matthews opened the hearing. Shawn Sherry (owner), Peter Lavoie (G&H) and Don Seaburg were present. Mr. Lavoie stated that there is currently a groundwater problem on Lot 8 in which water flows down both sides of the newly constructed dwelling at Lot 8, #6 Silver Lake Road, into the wetland across Silver Lake Road. Bellingham Residential #2 Realty is therefore submitting a proposal to the Commission to address that water issue on behalf of the property owner, Mrs. Sherry. Mr. Lavoie presented a plan that proposes the installation of a 24 inch ABS pipe and cover, an under-drain and associated discharge layered with rip rap. All activity is proposed outside the 25 foot No Disturb Zone. Barry Lariviere stated that when the lot was excavated to ledge, the groundwater issue developed and that it is evident that the lot was
excavated beyond the property boundary. The Commission and the property owner requested that the drain be located on the applicant’s property since it is his water. By way of alternative, Cliff Matthews suggested that the property owner extend the property line 20 feet in order to compensate the lot owner for the trouble of maintaining the inlet and outlet. Seaburg, representing the property owner said he would not even bring this option back to the office. Mr. Lavoie said that he could design the plan to locate the drain as requested but that the sub-drain would have to be placed on the owner’s property in order for the drainage to work properly. The Commission will visit the site on Sat., Sept. 17th at 8:30 AM. By unanimous vote, the hearing was continued to Sept. 28, 2011 at 7:30 PM.
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Project: 105-687 & BWP-12 Project Description:
NOI 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
Hearing time: 9:10 PM
Conservation Commission
Minutes of the Meeting of September 14, 2011
Page #4
Vin Forte was present when Cliff Matthews opened the hearing. Mr. Forte stated that the Notice of Intent is for the proposed construction of a single family dwelling and associated septic system (which is located outside the 100 foot buffer zone). An existing foundation remaining from a former restaurant is located on the lot. The applicant proposes to remove the foundation and all debris from the site and construct a three bedroom dwelling and septic system. The septic system has been approved by the Board of Health. The wetland line is located at the crest of the bank on the easterly side of the property. The existing concrete wall will remain on the site. The applicant agreed to move the proposed disturbance five feet further from the wetland line to preserve the 25 foot No Disturb Zone by adjusting the proposed grading. The
applicant also agreed to construct a fence and post with No Disturb badges in order to protect the resource area. A site walk was scheduled for Sat., Sept. 17th at 9:00 AM. By unanimous vote, the hearing was continued to Sept. 28th at 9:00 PM.
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Cliff Matthews reported that MA DOT has agreed to pay for soil profiles at the Denault Drive, Deer Run and Lake St. detention basins. These basins are components of the stormwater management system and Pulaski Blvd. reconstruction project. Cliff stated that Don DiMartino, reps. from MA DOT & Lynch construction, Phil Paradis of BETA, Tom Sexton (peer reviewer) as well as he and Anne Matthews were out on site on Sept. 7th to locate proposed test pit locations. Phil Paradis will schedule and coordinate the soil evaluation tests in the near future.
Scott Rhodes of Lake Street Auto has until the 30th of September to remove his belongings from the entrance to Jenks Reservoir that have encroached on Conservation Commission property. The Commission sent Mr. Rhodes a letter dated August 24th as suggested by Town Counsel regarding this trespass.
The Hartford Avenue culvert replacement work has commenced. The water levels have been very high and have slowed the project down somewhat. George Holmes will be inspecting the site on a regular basis.
The Commission voted unanimously to make changes to the Request for Determination Section 7 of the Regulations.
The minutes of the meetings of August 17th and August 24th 2011 were accepted.
The Commission asked Peter Lavoie of Guerriere & Halnon to ask Bob Poxon to contact us regarding the status of Pine Hollow Estates. The applicant withdrew their application from the Planning Board on August 31, 2011.
Attending the meeting were: Cliff Matthews, Barry Lariviere, Neal Standley, Brian Norton,
Michael O’Herron, Anne Matthews, and George Holmes.
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