REGULAR MEETING MINUTES
December 21, 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
Informational Discussion with Sue Moore and the Envirothon Team to Discuss the Spruce Pond Project – Ms. Moore and several students attended. The Team’s project this year is ground water protection. They were looking for suggestions/ideas. Some suggestions mentioned were Spruce Pond (breaching vs. repair), recharge and impact on water supply (Route 140) due to future development, nutrient load (Rocky Pond), Morningdale area (goes into north end of Lake Quinsigamond). It was also suggested she check with the Worcester Conservation Commission for water data from a filing that was conducted in the past. She will also check with the Water District, Jay Billings and Emily Scerbo.
LONGLEY HILL REALTY TRUST – PUBLIC HEARING – Notice of Intent and Stormwater Control Application (Central Street and Stiles Road) Complete construction of an 11 lot subdivision of single family homes.
James Tetreault and Mr. Ali were in attendance. Mr. Tetreault stated that after the last meeting he received a comment letter from Art Allen (EcoTec). The plans were revised to reflect his comments. The replication area was re-configured; silt fencing will be taken out where areas are completely stabilized. Language is included on the plan for phasing barriers, the stream is shown as intermittent on the USGS map. They propose to relocate the intermittent stream in the public way by creating it the same and moving it 10’. Surety was discussed and determined that Conservation would require a bond separate from the Planning Board due to the nature of the work covered. Some towns require $15,000-$25,000 for similar projects. The Town bylaw requires we request more (a percentage
of the total value of the project). Mr. Ali was asked if he would agree to $25,000. He stated that some towns only require $10,000 to cover hay bales and erosion controls, but did agree to a $25,000 bond. The form of surety will need to be approved by Town Counsel. J. McGrath motioned to close the Public Hearing; C. Franz seconded; all agreed. C. Burkhardt motioned to issue a standard Order of Conditions, adding Special Condition #35 that the former replication area between flags 21 and 24 shall be left in its existing state, it shall not be loamed or seeded as indicated on Sheet G4 of Longley Hill Grading Plan dated February 14, 2002, revised November 30, 2009; M. Coakley seconded; all agreed.
J. McGrath motioned to issue Stormwater Control Permit #2009-2 with Standard Conditions, adding Special Condition #21 which states that the applicant shall provide surety for erosion and sediment control as allowed by the bylaw; form of which to be approved by Town Counsel, in the amount of $25,000. Surety to be issued prior to the start of any work. C. Burkhardt seconded; all agreed.
HENDERSON, WILLIAM – PUBLIC HEARING – Notice of Intent (179 Green Street) Remove approximately 825 square feet of earthen fill from a resource area and replicate area with similar vegetation.
Steve Sears was in attendance for the applicant. He was previously before the board in August for a Request for Determination of Applicability. At that time it was determined that a Notice of Intent would be needed. He presented the same plan with restoration notes added. The hydrology is the same. The fill removed will be taken off site. M. Coakley motioned to close the Public Hearing; J. McGrath seconded; all agreed. M. Coakley motioned to issue a standard Order of Conditions; J. McGrath seconded; all agreed.
SHARPE, CARL – PUBLIC HEARING – Notice of Intent (20 Woodland Drive) Replace a failing sewage system with a new sewage system and related grading which is within the 100’ buffer of a bordering vegetated wetland.
Steve Sears was in attendance for the applicant. It is an existing septic tank with an unknown leeching area. The system is within the 100’ buffer; grading will occur at 50’; system edge is 80’ from resource area. Hay bales and silt fencing will be installed. J. McGrath motioned to close the Public Hearing; C. Franz seconded; all agreed. M. Coakley motioned to issue a standard Order of Conditions; J. McGrath seconded; all agreed. It will be held pending a DEP file number.
COMPASS POINTE ESTATES, LLC – PUBLIC HEARING (continued) – Notice of Intent and Stormwater Control Permit 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.
J. Walsh recused himself from the matter. Mr. Venincasa said that Ms. Morrill was unable to attend tonight due to illness. He was asked about replenishing the peer review account. He said Ms. Morrill has the money and could issue it Monday. This issue is still unresolved. They received an extension from the Planning Board and will be going forward with the road and repaving of the road. The Water District is doing the crossing. Mr. Venincasa said they filed the NOI for the dam with DCR today and said it had to go to Boston. This issue is still unresolved. The owner name “Northboro Properties LLC” on the Spruce Pond submittal to DCR was questioned. Mr. Krevosky said they are working with Mr. Grenier and will have the name changed to “Compass Pointe”. Regarding the Enforcement Order, J. McGrath updated the Members on the non-criminal disposition procedure. He contacted Town Counsel and was told it cannot be invoked until there is an approved violation form (to be approved
by Town Counsel), and printed in triplicate. Joe has composed the form and received approval from the Town Administrator who now will forward to Town Counsel. At this point, we cannot impose the fine. Regarding the Graves report, the site is as stable as it is going to get given the growing season. C. Burkhardt’s opinion is that the site is not properly stabilized and feels there will be problems when the snow melts. Mr. Krevosky said that his report states the hay bales contained both orchard grass and barnyard grass and were fully seeded. He will email that report to the office tomorrow. He is confident it will grow in the spring. Chip said we won’t know if it is effective until it germinates and feels the Enforcement Order cannot be lifted. He recommends we don’t lift the Order until we know the site is stable. There are still outstanding issues. Graves Engineering letter of October 19th was
discussed. Action items for the next meeting are (1) testing needs to be done on Basin B; (2) need 3 copies of the plans with revision dates included; (3) waiver of Basin A; (4) have Graves verify Sheet 7 of Basin B update; (5) revise Basin A screening on the plan; (6) discuss surety with Graves; (7) give update on DCR regarding the dam; and (8) have Quinn Engineering verify that the Stormwater Reports are current and cuts and fills for the entire site are included. The applicant requested a continuance; M. Coakley motioned to accept the request for continuance; J. McGrath seconded; all agreed. It will be on the January 19th Agenda at 7:15 p.m.
COMMISSION BUSINESS
Vouchers were approved.
J. McGrath motioned to approve the Meeting Minutes dated October 19, 2009 with changes noted; J. Walsh seconded; all agreed.
Correspondence was reviewed.
Richard Baker email requesting input on 144 Shrewsbury Street (Michael Griffin) – The Members reviewed the plan. If paving is to be done, Mr. Griffin will be required to file. It is within the 200’ riverfront area. J. Walsh will respond.
M. Coakley motioned to adjourn; C. Franz seconded; all agreed. The meeting was adjourned at 9:45 p.m.
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