REGULAR MEETING MINUTES
October 19, 2009
Members Present: Jeffrey Walsh, Mark Coakley, Joe McGrath, Charlene Franz, Chip Burkhardt
Members Absent: Wendy Lonstein
Others Present: See Sign-In Sheet
Recorder: Melanie Rich
Interview potential Conservation Member Douglas Kimmens. Mr. Kimmens notified the office today that he is unable to take the position.
MASTROTOTORO, LEONARD – PUBLIC HEARING – Notice of Intent (284/286 Main Street) Repair cracked house foundation left rear corner.
Steve Sears (David E. Ross Associates) and Mr. Mastrototoro were in attendance. The project will involve minor excavation work. Silt fence and hay bales will be installed. It will be loamed and seeded. Mr. Mastrototoro plans to do the work in the spring. M. Coakley motioned to close the Public Hearing; J. McGrath seconded; all agreed. M. Coakley motioned to issue a standard Order of Conditions; C. Burkhardt seconded; all agreed.
COMPASS POINTE ESTATES, LLC – PUBLIC HEARING (continued) – Notice of Intent and Stormwater Control Application (Main and Sewall Street – Compass Pointe) Construct a portion of a subdivision roadway and two detention basins within the buffer zone of Spruce Pond to the north and a red maple shrub swamp to the south.
Jeff Walsh recused himself from the matter. James Venincasa, Atty. Cheryl Morrill and Glenn Krevosky (EBT Environmental) were in attendance. Mark Coakley informed them that there is an outstanding peer review invoice from Graves Engineering for $595.00 that needs to be paid and only $212.50 remaining in the client monitoring account. He requested an additional $2,500.00 to replenish the account. Ms. Morrill stated that it could be discussed later. Mr. Coakley felt discussions could take place now. Ms. Morrill said that they are waiting for the Planning Board to issue an extension, and until that time, no lender funds would be released. She was reminded that this has been ongoing for more than a year. She stated she would like to come before the Commission again in December. Ms. Morrill was asked what they would do if an extension was not granted by the Planning Board, to which she stated they would go for a new subdivision approval. She further said there is nothing they
can do at this point regarding the erosion issue. She was again reminded that this has been ongoing for over a year. The Commission acknowledged that some work has been done, but the upland area is not loamed and seeded. She said her client is on site after storms. She agreed that the client has not done what he was asked to do. Glenn Krevosky told her that the site is not stabilized and a plan was submitted, but it was not done. She said did not know what to do and would contact her client, Michael Venincasa, who was not present tonight, and ask for $2,500.00. She submitted a letter requesting a continuance of the Public Hearings (NOI and Stormwater) to the December 21st meeting. J. McGrath motioned to accept the continuance; C. Burkhardt seconded; all agreed. They will be on the Agenda at 9:00 p.m. and will have a 30 minute allotment.
Ms. Morrill wanted to speak about the dam and said that any work to be done would be a separate NOI filing. M. Coakley said that work on the plan would be allowed but it would be up to the Planning Board to allow them to start regarding permits. Mr. Krevosky submitted a Contract Proposal from Cabco Consultants, which was unsigned and not accepted. Ms. Morrill said they are working on the project and would be submitting a report to DCR by December 18, 2009. J. McGrath motioned to issue an Enforcement Order to DEP File #115-331 for failure to permanently stabilize open areas on site per remediation plan proposed and agreed to by applicant, including upland areas which are contributing to wind and other erosion on site; C. Franz seconded; all agreed.
The last Inspection Reports were received on July 15, 2009, and they are now in violation of the Stormwater Bylaw. J. McGrath motioned to amend the Stormwater Control Bylaw Enforcement Order to state that the applicant shall complete all stabilization per plan previously agreed to and referenced above (Quinn Engineering Plan dated 14 April 09). No other development work will be undertaken prior to release of this notice. Sight monitoring will be required at the expense of the applicant, by a party to be designated by the Commission. Per Section 9E, the Commission notified the applicant that it is invoking the non-criminal disposition procedure of a monetary daily fine to remain in place until the Commission is satisfied that all work per plan has been completed. M. Coakley seconded; all
agreed. Copies will be forwarded to the Planning Board, Building Inspector and Board of Selectmen. Ms. Morrill asked how the process would be stopped and was told that they should notify us (and Graves Engineering) when it is stabilized, the fine will cease until it has been inspected, and if the Commission is not satisfied, the fine will recontinue. It was discussed and decided that the $300.00 per day fine would go forward from today.
LONGLEY HILL REALTY TRUST – PUBLIC HEARING – Notice of Intent (Central Street and
Stiles Road) Complete construction of an 11 lot subdivision of single family homes.
James Tetreault (Thompson-Liston) and Mr. Ali were in attendance. Mr. Tetreault presented a plan and stated that it is a 36.75 acre project with frontage on Central Street and Stiles Road. It was originally filed in 2002 and granted one extension which has since lapsed. Partial road and two homes have been constructed. They propose to construct more road to the lower half of Stiles Road with 11 possible house lots. DEP rules have changed regarding stormwater management (sheet flow drainage; infiltration from pervious areas). Mr. Tetreault said they kept the pre-2002 contour lines because he felt they were better. Grading to the end of the road has been done. He said 9 of the 11 lots will have dry wells. They propose to build a dike and intentionally cover with loam as a
temporary basin during construction to keep out silt. The area has been essentially stabilized, but neglected. Replication has not been done. They plan to do it in the spring. The stone on the back of the slopes will have to be replaced. The area is grown in, but not with what the previous Order required. The wetlands will need to be reflagged. Mr. Ali stated he received a new permit from the Planning Board. He was asked to provide the documentation. If Graves Engineering works for the Planning Board, they can provide us with information and be billed through the Planning Board which will allow Jeff Walsh to participate in the hearings without a conflict. The Commission requests the applicant to have the wetlands delineated on the entire site; add 6” speed bump direct to the catch basin; open catch basins and clean drainage systems; provide Graves Engineering documentation from the Planning Board; have plan with
cuts, fills and stockpile information. The applicant requested a continuance. J. McGrath motioned to accept the request for continuance; C. Franz seconded; all agreed. It will be on the November 16th Agenda at 7:30 p.m.
LONGLEY HILL REALTY TRUST – PUBLIC HEARING – Stormwater Control Application (Central Street and Stiles Road) Complete construction of an 11 lot subdivision of single family homes.
Discussed in conjunction with above.
COMMISSION BUSINESS
Cathy Phillips Stormwater Control Certificate of Compliance – Deferred to next month.
Vouchers were approved.
J. McGrath motioned to approve the Meeting Minutes dated September 28, 2009 with changes noted; J. Walsh seconded; all agreed.
Correspondence was reviewed.
Confirm that Art Allen will continue Quarterly Inspection Reports for Rand-Whitney – Confirmed.
Consider Request for Certificate of Compliance for Donna O’Driscoll, DEP #115-337, 614 Main Street – J. Walsh visited the site and felt it premature to issue a Certificate since the site is not stabilized. M. Coakley motioned to deny a Certificate of Compliance due to insufficient site stabilization of immature growth cover based on Jeff’s site visit; C. Franz seconded; all agreed.
Stormwater Bylaw Bond (follow-up) – Deferred.
M. Coakley motioned to adjourn; C. Franz seconded; all agreed. The meeting was adjourned at 9:30 p.m.
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