Town of Bellingham
Conservation Commission
North Community Building
Bellingham, MA 02019
Minutes of the meeting of December 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
Attending the hearing were Bob Frazier, Dave Albrecht, and Tom Sexton. After Cliff Matthews opened the continued hearing, he stated that two outstanding issues remain in Category 3 that needed further discussion. Dave Albrecht stated that he, Tom Sexton and Austin Turner met on November 22nd to discuss these items.
SWM7d pg 23 Tom Sexton remarked that the applicant proposes to utilize liners in the basins. 20 – 30 mil poly liners are proposed one inch above groundwater. As these are detention basins, the Commission’s concern is to prevent the basin bottoms from intercepting mean high annual groundwater thereby losing storage capacity. It appears that the liners would function to prevent groundwater seepage. Dave Albrecht suggested that determination of mean high annual groundwater could be made in the field during construction and this activity could be addressed as a condition prior to construction.
SM3 pg 24 Tom Sexton stated that the slot vs. 2 inch orifice question continues to be unresolved. Dave Albrecht stated that installation of 18 inch trash racks are proposed and that regular maintenance would be extremely important. Cliff Matthews asked Dave to continue to investigate this issue. The Commission’s concern continues to be the size of the outlet orifice. Should the outlet become blocked, storage capacity would be lost. D. Albrecht is to investigate maintenance logs from existing developments to determine what special maintenance conditions might be required.
9 pg 7 Dave Albrecht continued the discussion on the groundwater elevations. He presented a newly revised groundwater mapping recently created that located all of the test pits that TetraTech used in the soil and test pit evaluations. He stated that all test pits evaluations and monitoring well installations have been certified by licensed evaluators. Tom Sexton commented that these evaluations were not witnessed independently. The dates of the certification are recent. The borings were performed by Miller Engineering, a licensed geologist and PE located in NH. Dave explained that TetraTech developed the new groundwater contour mapping based on test pit and boring information and evaluation of noted depth to groundwater. Cliff Matthews stated that the borings do not allow visual confirmation of mean
high annual groundwater. Tom Sexton added that the Frimpter Method should be used in these situations. Cliff asked Dave to provide a new table for design parameters and Tom Sexton which review. If appropriate, Dave will then create a mounding analysis.
Describing the basins and information on the mapping, Dave Albrecht began with IFB-2 (Infiltration Basin 2) stating the bottom is 215.5 with 4.9 feet to groundwater. Tom Sexton stated that he is not comfortable simply because this is only a best guess. Cliff Matthews suggested that Dave get the data on a spreadsheet and submit to the Commission for review. He said that we will leave this item as an unresolved Category 3 item. By unanimous vote, the hearing was continued to Jan. 11, 2012 at 7:30 PM.
Conservation Commission
Minutes of the meeting of December 14, 2011
Page 2
Project: BWP-17 Project Description:
Continued RDA 15 Mann Street, filling and placement of shed
Applicant: Representative:
Gregory Prew
21 Mann Street
Bellingham, MA
Plans: RDA & Plans “Attachment A, MapsOnline, Mann St. Map 90-17
Meeting time: 8:30 PM
Cliff Matthews opened the continued meetings. Mr. Matthews stated that The Commission issued an Enforcement Order to Mr. Prew and Mr. Prew agreed to remove the fill in the resource areas. Once complete, he will contact George Holmes for inspection and present a proposal for construction of his shed to the Commission. By unanimous vote, the commission signed the Determination of Applicability and closed the meetings.
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Project: BWP-18 Project Description:
Continued RDA I-495 resurfacing program
Applicant: Representative:
Mass DOT, Wm McClougherty
403 Belmont Street
Worcester, MA
Plans: Plans: RDA & Plans “Bellingham/Medway/Milford I495 (Job #606169) Page 1 of 1, and Narrative entitled “Scope of Work”
Meeting time: 835 PM
Neal Standley stated for the record that BSC Group has a survey contract with Mass DOT and that his brother works for BSC. Wm McClougherty was present when the continued RDA was opened. Mr. McClougherty stated the he is from District 3 in Worcester and is currently manager of a milling and resurfacing program for I-495 in the towns of Milford, Medway and Bellingham. He presented construction plans indicating placement of erosion control for the Commission’s records. He also stated that in 2010, Gov. Patrick and DEP had issued a maintenance waiver for work including drainage improvements on I-495 as part of a Programmatic General Permit. The Commission had received a copy of that notice and the work has been completed. Cliff Matthews then stated that the RDA meetings were continued at DOT’s request because MassDOT
argued that they were not subject to the local bylaw. MassDOT’s attorney then sent an Interoffice Memo to the Commission stating their position of the issue. Jay Talerman responded on behalf of the Commission supporting the Commission’s position. Cliff stated that the original complaint by MassDOT was with City of Brockton. Mass DOT filed with the lower court. The decision was that the case could move forward. Mass DOT appealed that decision to the Supreme Court and the Supreme Court said that the lower court was correct. Cliff said that it is the Commission’s understanding that Mass DOT is subject to the local bylaw provided that the local regulations are applied in a manner that does not interfere with the agencies “essential governmental purpose” or have more than a “negligible effect” on its operations. Cliff then explained that an exemption already exists under the local regulations and that the meetings were advertised under
both state and local jurisdiction. Mr. McClougherty stated that he reviewed the bylaw regulations as suggested by the Commission and noted that Section 10 of the Regulations does allow the applicant to request a waiver for the proposed work. Special Conditions discussed with the applicant include that George will be contacted to inspect the installation of the erosion
Conservation Commission
Minutes of the meeting of December 14, 2011
Page 3
control and that any drainage improvements proposed must be submitted to the Commission for evaluation before any work may take place. After discussion, the Commission voted and Mr. McClougherty concurred that the Commission issue a Negative Determination with Special Conditions and an exemption under the local bylaw under Section 10 of the Regulations. By unanimous vote, the meetings were closed. Mr. McClougherty presented a packet of information relating to the paid legal advertising with the Woonsocket Call.
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Project: 105-692 & BWP-19 Project Description:
NOI 810 Pulaski Boulevard/ sewer connection
Applicant: Representative:
Omar Wenger Michael Yerka/Yerka Eng. LLC
810 Pulaski Blvd. 128 W. Hartford Ave.
Bellingham, MA Uxbridge, MA
Plans: NOI & Plans “Conservation Sewer Connection Plan 810 Pulaski Boulevard” pages 1-3,
Hearing time: 9:05 PM
Michael Yerka, Margaret Bacon and Omar Wenger were present when Cliff Matthews opened the hearing. Mr. Yerka stated the project is for the installation of a sewer line to connect two existing dwellings, an existing commercial unit and one undeveloped residential lot. He stated that the applicant would file a separate Notice of Intent for the construction of the proposed duplex. Mr. Yerka stated that the existing units currently have cesspools that are in need of repair. The sewer connection would consist of a 1-1/2” PVC pipe (E1 type system) connected to a trunk line to the sewer line located across Arnolds Brook on the railroad bed. The construction is proposed to take place in a low flow period (July, August) but a dewatering area is proposed in the event it is required. He stated that the sewer connection would have 5
feet of earth cover. Proposed is an 8 – 10 foot wide crossing of the stream bed with subsequent replication plan for restoration. Cliff Matthews noted that the filing made as a limited project under 1053(3)d is incorrect as this is not a municipal but private connection. Mr. Yerka understood that the project is subject to the local bylaw and regulations which include the 100 foot buffer zone to Arnold’s Brook, flood plain, and bordering vegetated wetlands. Mr. Yerka stated that the applicant has not yet performed any perc tests nor has he applied for a connection to the sewer line with the DPW and the City of Woonsocket. Mr. Matthews reminded the applicant that they must seek all viable alternatives to the proposed project in order to demonstrate avoidance or minimization to resource area impacts. Mr. Matthews said that there exists a potential for the sewer line to fracture under the brook. Mr. Yerka said that the soils on the site are gravel and are very
permeable, that the depth to groundwater at one location is 2-1/2 – 3 feet deep and that there is a good possibility that nitrates may enter the groundwater if septic systems were to be utilized. Mr. Yerka agreed that the test pit indicating 2-1/2 – 3 feet depth to groundwater was done previous to his involvement, not witnessed, and some distance from the existing cesspools. Mr. Yerka agreed to perform perc tests, soil tests and soil profiles as part of the required alternatives analysis and present to the board at the continued hearing. He anticipated that the work would be performed before the site walk. He remarked that a horizontal directional drill under the stream may also be another viable alternative. Mr. Yerka was reminded that Board of Health waivers for local septic system upgrades may be issued by the Board of Health to meet the separation to groundwater, but that they are not granted for new construction. Mr. Yerka agreed to stake out the stream
crossing area and the tie in area across the brook for a site walk by the Commission that was scheduled for Sat., Jan. 7th at 8:30 AM. Yerka stated that the area across the brook at the tie in to the sewer line is sparsely wooded with small trees and that impacts to the buffer zone are limited. Motion was made to continue the hearings to Jan. 7th at 8:30 PM, seconded and voted unanimously.
Conservation Commission
Minutes of the meeting of December 14, 2011
Page 4
Informational/South Main St./Wenger/Agricultural Use
Cliff Matthews opened the informational meeting by stating that the intent of an agricultural waiver is not to allow the conversion of regulated resource areas into field and that Mr. Wenger was incorrect to assume that he could cut trees in a resource area under agricultural protection. Mr. Wenger presented an aerial photograph of his property located on S. Main St. and said that the resource areas were delineated recently by Margaret Bacon (also in attendance). Ms. Bacon stated that she does not have a filing or a wetland plan
and that she was hired by Mr. Wenger to review the resource areas. She said that delineation is based mostly on soils but agreed that the overstory was composed of Red Maple, a wetland tree. Mr. Matthews reminded Mr. Wenger that he must file with the Conservation Commission in order to verify the resource area delineation and submit a plan with wetland flagging. The filing may also present the applicant’s proposed activities, including maintenance of existing cart paths. Mr. Wenger stated that a farm plan is currently being developed and he shared some of the ideas that he would like to incorporate into the use of his property. Cliff summarized the issues as follows. He told Mr. Wenger that he must file with the Commission in order to confirm on site resource areas and to provide a formal plan as to how Mr. Wenger
proposes to utilize his property under the agriculture provision. Cliff said he would check with the tree warden to see if the trees along Wenger’s S. Main St. property are in the ROW and if the tree warden believes them to be potentially unsafe. After conducting a site visit at Wengers Pulaski Boulevard site, the Conservation Commission will visit Wengers South Main Street site in an attempt to better understand existing conditions.
Cliff Matthews said that He. George Holmes, Anne Matthews, Don DiMartino and Denis Fraine met to discuss the Pulaski Blvd. detention basin repairs under an Order of Conditions issued to Mass DOT and the Town of Bellingham for the reconstruction of Pulaski Boulevard earlier this year. Cliff said that the bottom of the Paine St. basin will be raised. Nothing can be done with Deer Run basin at this time because the basin was not constructed properly and it may need to be addressed when money becomes available in the future. The bottom and sides of the Denault Drive basin will also be raised.
George Holmes contacted Larry Levine regarding immediate maintenance at the Bucky Drive detention basin. George will follow up with Larry next week. George will also contact the applicant requesting a partial Certificate of Compliance for a condo unit at Bucky Dr. to let him know that no certificates will be issued until the basin is in good functioning condition.
Updates forms for filing under the local by law can be found on the town’s website.
Aquatic Control Technology has submitted contracts for nuisance aquatic treatment at Silver Lake and Jenks Reservoir for 2012. Both are level funded this year. These amounts have been incorporated into the 2013 fiscal year budget.
The Shores at Silver Lake II was denied by the Planning Board on Dec. 8th.
Alex Renzi of Toll Bros. has contacted the Commission and stated that work is progressing on the maintenance on the stormwater structures at Bellingham Estates. He will request another site walk once all issues are addressed. Toll has requested a Certificate of Compliance for Bellingham Estates.
After discussion, motion was made to sign a Certificate of Compliance for 340 S. Main St., Cumberland Farms and once the recording information is received, request release of the replication bond to the applicant. The vote was 3Y and 1N (Anne Matthews).
Conservation Commission
Minutes of the meeting of December 14, 2011
Page 5
The Commission signed:
Determination of Applicability BWP-17/15 Mann St./Prew/shed & filling
BWP-18/MassDOT/ resurfacing I-495
Certificate of Compliance 105-383/Wm Way/TMC Services/ lot development and vote was taken
to release the replication bond once the CofC recording
information is received by the Commission
105-442/Wm Way/ TMC Services/additional parking
105-666/5 Beech St./Gail Otis/septic repair
105-590/340 S. Main St./Cumberland Farms site development
and voted to release the replication bond once CofC recording
info is received.
The minutes of the meetings of Oct. 26, 2011 and Nov. 9, 2011 were accepted.
Attending the meeting were: Cliff Matthews, Neal Standley, Lori Fafard, Brian Norton, Anne Matthews, and George Holmes.
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