Town of Bellingham
Conservation Commission
Municipal Center
Bellingham, MA 02019
Minutes of the meeting of July 11, 2012
Project: 105-698 & BWP-25 Project Description:
CNOI Silver Lake area, sewer line installation
1534 sf BVW impacts
Applicant: Representative:
Bellingham Residential #2 Realty LLC Peter Lavoie, Guerriere & Halnon, Inc.
120 Quarry Dr. 333 West St.
Milford, MA Milford, MA
Plans: Dupre Road Sewer Pump Station Aug. 2, 2011, Revised Feb. 1, 2012, Sheet 1 – 7
Silver Lake Road Sewer Project, Douglas Drive to Cross St., Aug. 2, 2011, Rev 2/1/2012, Sheets 1-7
Cross Street Sewer Project, Aug. 2, 2011, Rev. Feb. 1, 2012, Sheets 1 – 6
Revised Plans submitted June 13th: “Resource Area Plan End of Douglas Drive, 5/17/12;
Culvert Replacements Dupre Road 4/9/12; Crystal Lake Culvert, 6/11/12
Hearing Time: 7:30 PM
Peter Lavoie of Guerriere & Halnon and peer reviewer, Tom Sexton, were present when Cliff Matthews opened the continued hearing. Also attending were abutters John Constantino, Elaine Dworken, Jeffrey Haines and Beth Haines. Lori Fafard recused herself as she is also an abutter.
Peter Lavoie stated that he is in receipt of Tom Sexton’s peer review letter and he has scheduled additional field work in order to address his comments. Peter then requested that he present some of his responses to that letter at this meeting and that he would subsequently submit all his responses in writing. Mr. Lavoie stated that the rare species line from Natural Heritage was taken off the Cross St. drainage plans that were recently created by Guerriere & Halnon for the Notice of Intent for the Dupuis sewer pump station. He told the Commission that he would create overall plans depicting 0-25, 25-50 and 50-100 ft buffer zones and would also create 60 scale plans of the overall project plus an erosion control plan. The Commission also requested that he submit a detailed de-watering plan. The plan should include
potential locations for de-watering operations and proposed erosion control measures. Cliff Matthews asked Mr. Lavoie if he had performed any soil borings especially on Crystal Lake culvert on Silver Lake Road and Dupuis Road. Peter responded that he had approached his client and his client has refused to agree to test borings. Cliff told Peter that if his client refuses to perform these tests, the Commission would have to close the hearing. Cliff stated that this information is necessary in order to permit the project. Peter Lavoie stated that he had submitted a copy of the sewer line approval letter to the Commission. Cliff responded that the Commission is in receipt of the applicant’s application to the state for the sewer line but has not received a copy of DEP’s approval for the sewer line project. He stated that in any case, this project is also subject to the criteria in the Wetlands Protection Act and the local bylaw. Peter then stated that he is working with
the DPW on the abandonment of the old pump station. He added that Judith Schmidt is continuing her report on identifying all the wetland resources associated with the project. Peter agreed to put the 212’ Special Flood Hazard elevation on the revised plans at Dupuis Road. He would also add detail on the two proposed ten inch pipes on Dupuis Road including de-watering and construction sequence plans at Crystal Lake culvert and Silver Lake Road as well. He would also provide as built elevations on the newly constructed basin at Dupuis Road. Peter will create written responses to the peer review letter and will submit before the next continuation. By unanimous vote, the hearing was continued to July 25th at 7:30 PM.
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Conservation Commission
Minutes of the meeting of July 11, 2012
Page 2
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: 8:10 PM
Bob Frazier, Austin Turner, Ann McMenemy and peer reviewer, Tom Sexton, were present when Cliff Matthews opened the continued hearing. Ann McMenemy stated that the applicant has addressed most of the items in the category 2 and 3 list and that these revisions would be included in the complete set of revised plans. The applicant then presented 2008 plans quantifying buffer zone alterations, temporary and permanent. Ann McMenemy then discussed proposed plantings in the disturbed buffer zone explaining that in most areas, the plantings could not be replaced with in kind plants. (i.e. woody vegetation could not be replanted in the 25 foot no disturb zone where detention basin walls were constructed.) She stated that some buffer areas are of lower value but retracted that statement later. She stated that Operation and Maintenance
Plans must be adhered to after construction for success of health of buffer zone re-vegetation. Cliff Matthews noted that the applicant did not bring copies of the 2008 plan for members of the Commission to use that evening and then asked Austin Turner to read the prepared charts on the plan that quantify buffer zone alteration including 0 -25 ft. , 25 -50 ft , and 50-100 ft. Cliff stated that the Commission members would need copies of the plan in order to review and comment. Ann McMenemy stated that the applicant wishes to address all issues under the Wetlands Protection Act but wanted guidance on the local bylaw. Cliff Matthews stated that the bylaw was created in an effort to protect the buffer zone as much as possible from construction such as new roadways, buildings and stormwater management structures. He said that he would talk to town counsel relative to the advisability of providing “guidance” that would be more specifically addressed under a local bylaw
filing.. Cliff then stated that the applicant does have another access at Home Depot filing under the WPA. He stated that it appears that the Home Depot roadway was designed for future use as access to the project site. Ann McMenemy claimed that there would be wetland impacts to Spring Brook utilizing that access. Tom Sexton then referred to Category 2, Setbacks #11, pg 9. He stated that the setback criteria for the infiltration basin are met based on the 2008 Stormwater Handbook, but the 100 foot setback to buildings upgradiant to the basins (in four cases) does not adhere to the Handbook. Austin Turner asked if the Commission would permit the applicant to meet directly with Tom Sexton to discuss the remaining Category 2 & 3 items. Cliff said that all information discussed must subsequently be presented at the continued public hearings. Austin Turner stated that he would provide five copies of the 2008 plan discussed previously for distribution to board members. By unanimous
vote, the hearing was continued to August 22nd at 7:30 PM.
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Project: 105-694 & BWP-22 Project Description:
CNOI Pearl Street drainage improvements
Applicant: Representative:
Bellingham DPW Don Nielsen, Guerriere & Halnon Inc.
26 Blackstone St. 55 West Central St.
Bellingham, MA Franklin, MA
Conservation Commission
Minutes of the meeting of July 11, 2012
Page 3
Plans: Drainage Improvements Pearl Street, Bellingham, Sheet 1 of 1, Nov. 2, 2011, Revised May 9, 2012;
Narrative & photos of 26 Pearl St. Test Pits results, Drainage Basin Areas on Hartford Ave. Map
Contributing to Pearl St. Basin/ Drainage Improvements Pearl St. Sheet 1 of 4, 11/2/2011,
Rev 6/13/2012
Continuation time: 9:10 PM
Cliff Matthews opened the continued hearing and stated that the Commission has finally received the Operation and Maintenance Plans from Guerriere & Halnon. Barry Lariviere made a motion to close the hearing and issue the Order of Conditions. Lori Fafard seconded and the board voted unanimously to do so.
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Project: 105-702 & BWP-31 Project Description:
CNOI Lot #11, 38 Silver Lake Road - sfd
Applicant: Representative :
Bellingham Residential #2 Realty LLC Peter Lavoie, Guerriere & Halnon, Inc.
120 Quarry Drive 333 West Street
Milford, MA Milford, MA
Plans: NOI and Site Development & Facilities Plan Lot #11, 2/2/12, Revised 5/8/12
Continuation time: 9:15 PM
Peter Lavoie was present when Cliff Matthews opened the continued hearing for the development of a single family home lot. Peter Lavoie stated that a portion of the lot lies within the 100 foot buffer zone to the resource area associated with Crystal Lake located on abutting Lot 12. He stated that no disturbance should have taken place in the buffer zone and therefore no filing was made. George Holmes discovered that areas jurisdictional to the Commission were disturbed and required the applicant to file a Notice of Intent. Peter Lavoie stated that the applicant would like to remove brush, debris and tree stumps in the buffer zone and then loam and seed. No re-grading is proposed. Peter Lavoie stated that no trees would be cut including the large pine tree located 15 to 20 feet from the proposed dwelling. A Special Condition will
be that no activity including grading, removal of vegetation, etc may take place in the buffer zone without a filing with the Conservation Commission. Barry Lariviere made a motion to close the hearing and issue and Order of Conditions. Lori Fafard seconded and the board voted unanimously to do so.
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Cliff Matthews stated that the Commission is in receipt of a letter requesting a Certificate of Compliance for 21 Scott Hill Boulevard. He stated that the 0-25 foot Buffer Zone on the site before construction consisted of trash and debris and that all of that material has been removed. 20 plants including Viburnam, Blueberry and Elderberry have been planted in the 25 foot NDZ and will be watered to maintain plant health. A fence with no disturb zone badges has also been constructed at that location. An on-going condition will be the supervision of the vegetation so as to promote health of the plantings for a period of two years. Motion was made by Barry Lariviere to issue the Certificate, seconded by Michael O’Herron and voted unanimously by the board.
The Commission also signed the Order of Conditions 105-694 & BWP-22, Pearl St. drainage/DPW
Cliff Matthews gave an update on his meeting with Don DiMartino and DPW engineer hired to assess stormwater management upgrades to Beech Street and Stone Street. Water velocity, water quality and preservation of the intermittent stream (de-watering operations, if required) were the main issues. The DPW will file a Notice of Intent for the drainage improvements.
The minutes of June 13th were accepted.
Conservation Commission
Minutes of the meeting of July 11, 2012
Page 4
The board voted to cancel the meeting of August 8th due to lack of raising a quorum of members.
Anne Matthews asked for input on the recent Mass Wildlife questionnaire regarding wildlife in Bellingham that has been problematic (Canadian Geese, coyotes, beavers). The Commission was also very interested in hosting a MassWildlife biologist for an informational meeting on wildlife issues in Bellingham.
Attending the meeting: Cliff Matthews, Barry Lariviere, Michael O’Herron, Lori Fafard, Brian Norton, Anne Matthews and George Holmes.
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