REGULAR MEETING MINUTES
April 22, 2008
Members Present: Mark Coakley, Dan Duffy, Chip Burkhardt, Charlene Franz, Jeffrey Walsh
Wendy Lonstein (8:30 p.m. arrival)
Members Absent: None
Others Present: See Sign-In Sheet
Recorder: Melanie Rich
Mount Pleasant Country Club – Karen Fung (Lenard Engineering) attended and apologized for not contacting the Commission after installing the hay bales and not posting the DEP sign. She was reminded to pay attention to #31 on the Order stating that material excavated from the coffer dam should be removed to a non-jurisdictional area. She said the sequence is as follows: (1) hay bales in place, (2) coffer dam in today, (3) dam excavation. D. Duffy was concerned with no hay bales being in place down gradient of the pipe because this area is critical. One of the Members will visit the site.
7:15 p.m. SYLVAN REALTY TRUST PUBLIC HEARING (continued) – Notice of Intent & Stormwater Control Application – Sylvan Realty Trust – Stiles Road (Lots 1 & 2) Construction of two single-family homes.
James Tetreault was in attendance for the applicant. He said they re-flagged C1-C26. J. Walsh walked the site. He had no problem with the flags but thought C8-C10 better defined the wetland line. Jeff also had concerns about the pipe being replaced and suggested Mr. Tetreault look at the sizing. Skip Resseguie (200 Stiles Road) was also in attendance and stated that the pipes were put in back in 1979. Jeff wants to make sure there is adequate hydraulic capacity. Mr. Tetreault will look into different methods. Mr. Resseguie gave the Members a copy of a Cease and Desist Order he had from 1979. The Commission may have to decide the legitimacy of the pipes being there. Mr. Tetreault was asked to supply an impact analysis as if there were no pipes. The depth of the
dry wells was addressed (brought up the elevation from 6’ to 4’). The riverfront area width of alteration would be the full width of the cart path. The detail of the force main showing depth, width and backfill material to be included on the plan and how it will be accomplished was not included as requested. It will be required for the next meeting. The conservation restriction on Lot 1C was also not addressed as requested. It will be required for the next meeting. D. Duffy addressed Mr. Resseguie’s concern about the septic failing and the homeowner not being aware of it. Mr. Tetreault said that because of the shared system they would be required to perform maintenance. He was asked if it was approved by the Board of Health. He told the Commission that they were in the process, but it was never finalized because they let it lapse. With regard to the dumping and filling, it was not sure if there is anything
specifically that states there was fill or dumping. Affidavits from abutters would be required saying there was. Mr. Tetreault said that it would be dealt with in an appropriate manner. He was reminded that it does not relieve the landowner of obligation if it is not within our jurisdiction. Action items for next meeting include C8-10 wetland line; culverts and capacity (estimate flow & up gradient) for the two pipes; status of crossing; force main (better material, address safety going under culverts, depth, width); trench detail; conservation restriction; address Lot 1 waste dumped prior. The applicant requested a continuance. M. Coakley motioned to accept the request for continuance; C. Burkhardt seconded; all agreed. It will be on the May 19th Agenda at 7:15 p.m.
7:45 p.m. RAND-WHITNEY PUBLIC HEARING (continued) – Notice of Intent & Stormwater Control Application – 160 Shrewsbury Street
Construct 411,650 sf office/manufacturing/warehouse building with associated driveways, parking areas and utilities.
Ken Strom (Thompson-Liston Associates), Ken Kozak (Cutler Associates) and John McNabb (Rand-Whitney) were in attendance. Since the last meeting, letters from Graves Engineering concerning Planning Board issues, EcoTec letters and the Stormwater Bylaw have been addressed. Regarding the March 28th letter from EcoTec, Mr. Strom said the new wetland does not impact the wetland on The New England Telephone property, but the buffer zone may create an issue. Mr. Strom said roof drainage is directed toward New England Telephone to the swale. Concerning the isolated Wetland D, Art Allen said it is clearly isolated and would be a matter between them and the Army Corps of Engineers. The Commission would be satisfied if the MEPA filing is adequate. The driveway has been shifted from
Wetland B. They have eliminated six truck parking areas (approximately 75’). Mr. Strom said that Mike Andrade will be going into more detail. Jeff was concerned about the volume in smaller storms. Dan asked how they were handling the outlet. Mr. Strom said they are pulling back the outlet for less impact and putting in rip rap outside to dissipate velocity. Mr. Allen said that with regard to the last inspection letter, the excessive use of rip rap is not a long-term solution and would like to see something bioengineered. Mr. Strom said the contractors are aware of this. The planting have changed to a drier species. Issues from the April 15th letter from Graves Engineering – (1) administrative, (2) they would respectfully request a waiver, (3) they would also request a waiver. The Members feel fencing is needed on the backside. Mr. Strom requested a continuance. M. Coakley motioned to
accept the request for continuance; D. Duffy seconded; all agreed. It will be on the May 19th Agenda at 7:45 p.m.
8:15 p.m. PUBLIC MEETING/HEARING – Request for Determination of Applicability and Stormwater Control Permit – Catherine & Steven Phillips – Shrewsbury Street (Map 17, Parcel 40)
Construct an industrial building approximately 7500 square feet.
Request for Determination of Applicability – Kevin Hardiman (David E. Ross Associates) was in attendance for the applicant. It is a 3 ½ acre parcel with a small isolated wetland, culvert and catch basin. There is no outlet. There are hydric soils and vegetation which they are leaving undisturbed. It was suggested they put a put in a monument to set the limit of work. M. Coakley motioned to issue a Negative Determination adding a condition that the limit of work depicted be established with a 4x4 concrete post be added to the plan; C. Burkhardt seconded; all agreed.
Stormwater Control Permit Application – Mr. Hardiman explained that there will be 60,000 square feet of disturbance for an industrial building and access driveway. He provided an Operation & Maintenance plan. There will be minimal amount of material from offsite. A letter was received from Michael Fearn (abutter) concerning the impact to his property. There is an existing catch basin which will be maintained. There will also be an additional 400-500 square feet of impervious area. He was asked to do a vegetated swale which will slow the water down and address the neighbor’s concerns. D. Duffy asked that they include on the plan the erosion around the perimeter area, show where the swale will be needed, depict the entrance mat and detail site mat. J.
Walsh comments were to move the outlet pipe discharge point to direct the runoff toward the isolated wetland; the weirs between forebays and infiltration basin must be 1’ lower than the top of the berm. There must be 1’ of freeboard in the infiltration as measured from the 100 year peak water surface elevation to the top of the berm; emergency spillway must be 1’ lower than top of berm. The applicant requested a continuance. M. Coakley motioned to accept the request for continuance; C. Franz seconded; all agreed. It will be on the May 19th Agenda at 8:15 p.m.
8:45 p.m. PUBLIC MEETING – Request for Determination of Applicability – David Humphrey – 742 Main Street
Replace septic system.
A presentation was given of the proposed septic replacement. M. Coakley motioned to issue a Negative Determination by reason #2, J. Walsh seconded; all agreed.
9:00 p.m. PUBLIC MEETING – Request for Determination of Applicability – Steven Dorval – 15 Reservoir Street
Construct farmer’s porch.
A brief presentation was given of the proposed work and farmer’s porch on the front of the house. M. Coakley motioned to issue a Negative Determination by reason #2, D. Duffy seconded; all agreed.
9:15 p.m. COMMISSION BUSINESS
Vouchers were approved.
J. Walsh motioned to accept the Meeting Minutes dated March 17, 2008; C. Franz seconded; all agreed.
Correspondence was reviewed.
Consider issuing Extension Permit for Order of Conditions DEP#115-266, Lot 6 Reservoir Street (Michael Daly) – D. Duffy motioned to issue a one year extension until April 28, 2009; M. Coakley seconded; all agreed.
Consider issuing Extension Permit for Order of Conditions DEP#115-293, Lot 2S Reservoir Street (Peter Coskie) – It was decided that since nothing would change if Mr. Coskie was required to re-file and it would not trigger the Stormwater Control Bylaw, J. Walsh motioned to extend the Order until February 22, 2011; J. Coakley seconded; all agreed. This is a second Order for work at the same site. Documents for the two Orders have some conflicting information. Documents for DEP File #115-293 have requirements that better protect the interests under the Act than the other Order. By extending DEP File #115-293, construction of the lot will better serve the interests of the Act.
Fuller Motorhome Rental (Enforcement Order) – J. Walsh visited the area where the snow was and now there is gravel. No filing was received as requested by the Commission on February 19th (due March 31st). There is no erosion control between the gravel and the brook and it is unsure if there is gravel in the wetland. A reminder letter will be sent to Mr. Fuller with a copy being forwarded to the DEP.
Redwood Circle (top soil depth) – The plan calls for 6” of top soil. Paul McManus (EcoTec) thinks there is only 3”. M. Coakley will follow-up and it will be discussed at the next meeting.
Cyprian Keyes (site visit) – There was concern about overstory clearing. Member(s) will visit the site and it will be discussed at the next meeting.
Coordination of Stormwater Regulations with Planning Board – M. Coakley communicated with Richard Baker. He agreed to work with the Commission. When they receive information they will forward it to us.
Stormwater Report Monitoring – The format was reviewed and edited.
Meeting Start Time – When the need arises, the Members agreed to an earlier start time.
D. Duffy motioned to adjourn the meeting; M. Coakley seconded; the Commission unanimously agreed. The meeting was adjourned at 9:50 p.m.
| 
