Members Present: Jeffrey Walsh, Joe McGrath, Mark Coakley, Charlene Franz, Chip Burkhardt,
Wendy Lonstein
Members Absent: None
Others Present: See Sign-In Sheet
Recorder: Melanie Rich
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.
Before the hearing was opened, there was discussion about the dollar value of the surety. C. Burkhardt has been in contact with the Town Administrator who said she would contact Town Counsel. After further discussions, it was decided that it will be a Special Condition to the Order with an amount to be determined beforehand. Chip will follow-up with Nancy.
Jeff Walsh recused himself from the matter. James Venincasa and Glenn Krevosky were in attendance. Four additional lots have been added to the subdivision. Mr. Krevosky stated that the lots were brought in as ANR lots with frontage on Sewall Street so it would not require a separate filing. Mr. Venincasa will supply documentation from the Planning Board showing approval. The hydrology report from Quinn Engineering was presented, but not reviewed by Graves. Mr. Venincasa stated he did not think he had to have them reviewed since no water comes off site. After further review of the plan, it was determined that water will go onto the street, but how significant is unknown. The Commission cannot act upon that portion tonight until it has been peer reviewed. The
Operation & Maintenance Plan has not been reviewed by Graves. Sheet 8 states that ownership and maintenance of the drainage system will be the responsibility of the Town of Boylston. That needs to be changed to reflect a Homeowner’s Association as is required by the Planning Board and agreed to by the applicant at previous meetings. The applicant requested a continuance. M. Coakley motioned to accept the request for continuance; C. Burkhardt seconded; all agreed. It will be on the Agenda at 7PM on Tuesday, May 18th.
On another issue, C. Burkhardt visited the site per a complaint that came into the office about stump dumping. The resident stated that the stumps are coming over the stone wall onto her property. Mr. Krevosky stated that if there is a property dispute issue, they will have the land surveyed. Mr. Venincasa stated and agreed that he will contact Blackstone tomorrow and have it completed by May 4th. He is to contact the office upon completion. Mr. Burkhardt also said he noticed soil stockpiling, significant re-grading and a fresh cut with possible gravel being removed, which is in violation of the Enforcement Order. He also noticed that the hay bales are starting to break down and there is not enough seed for grass. He is concerned that the site is not stable. Mr.
Krevosky agreed that the seed is too thin, sparse and needs to be thickened up considerably. Mr. Venincasa feels it will come up. He said that someone moved the excavator, which he reported to the police. In addition, he said he did re-grade the swale; however, it was not noted in the inspection report he submitted. What remains to be submitted/completed is (1) proof of compliance with the Enforcement Order (letter from Graves Engineering stating the site is stabilized); (2) copy of police report regarding excavator; (3) property line survey; (4) documentation from Planning Board for additional lots. There is still no response from DCR regarding the dam.
J. McGrath brought up a safety concern to Mr. Venincasa. He said that the site has a set of trails and he is concerned that elementary school children might go in there. The stumps are piled high and might be inviting for children to play on. It was suggested he post the area. Mr. Venincasa said he has put up signs in the past, but they have been removed. He will post the site again.
Pam Moore (299 Sewall Street) stated that dirt was being placed on her property. She was told that Mr. Venincasa will be having the property surveyed and, though not jurisdictional, the Commission will do what they can. It was also suggested she contact the Planning Board since stonewalls are jurisdictional to them, and if need be, contact the police department. She also inquired as to the paving situation. She was referred to the Water Department given that it is their project.
ARTHUR GIBREE – PUBLIC MEETING – Request for Determination of Applicability (21 Scar Hill Road) Replace garage.
Mr. Gibree and Mr. Ancona were present. Mr. Gibree explained that he intends to replace the existing garage with a new one. It will be approximately 20% larger. He submitted a letter from DCR which says it is not a prohibitive activity. J. McGrath motioned to issue a Negative Determination by reason #4; M. Coakley seconded; all agreed.
DAVE’S TREE & LANDSCAPING – PUBLIC MEETING – Request for Determination of Applicability (722 Main Street – Luvak, Inc.) Invasive species and vine management work.
Mr. Hotton (owner of Dave’s Tree & Landscaping) submitted photos of the area and the problem plants. His client (Luvak, Inc.) would like to maintain the integrity and appearance of the building. Mr. Hotton said that no heavy equipment will be used. What will be used is an air knife, which is a hand held compressor tool that excavates the soil with air but does not injure the plant roots. For the reason that there is drainage into the reservoir, the Commission recommended not using any pesticides. Because of the nature of the work and the time it will take to complete the project, the need for a Notice of Intent filing was discussed. It was decided that for future work it would be required. M. Coakley motioned to issue a Negative Determination by reason #2 with the
Special Condition that the work is to be completed before 9/20/2010; C. Burkhardt seconded; all agreed. Mr. Hotton will inform the property owner that if further work is required next year, a Notice of Intent will need to be filed.
COMMISSION BUSINESS
Vouchers were approved.
J. McGrath motioned to approve the Meeting Minutes dated March 15, 2010; C. Burkhardt seconded; all agreed.
Correspondence was reviewed.
Consider issuing Extension Permit for Order of Conditions DEP #115-320, YMCA (Sewall Street) – M. Coakley motioned to issue an Extension Permit to 6/6/2013; J. McGrath seconded; all agreed.
Consider Request for Certificate of Compliance for Donna O’Driscoll, DEP #115-337, 614 Main Street – J. Walsh motioned to issue a Certificate of Compliance; C. Burkhardt seconded; all agreed. At the site inspection, J. Walsh noticed wetland disturbance. A letter will be written to the homeowner.
John Grenier for Lot 2A Mile Hill Road (changing footprint of house & minor modifications - requests Commission input) – There is an existing Order on the property issued to Phillip Carlisle. Mr. Grenier presented a plan for review. There is less impact now, it is not a material change, and not jurisdictional. Mr. Grenier will send a copy of the plan to DEP.
Briefly discussed was Stormwater Management. The year 7 report is due. Woodard & Curran estimates the cost to prepare the report to be between $2,500-$3,000. The budget has only $1,000 remaining. The Town Administrator will be billed and the remaining amount will be paid out of the Wetland Protection Fund. Future funding is needed since the Wetland Protection Fund is not intended for this purpose. Self-funding will be explored. The Town Administrator was asked to add a separate line item to the next budget.
C. Burkhardt motioned to adjourn; M. Coakley seconded; all agreed. The meeting was adjourned at 9:30 p.m.
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