Members Present: Chip Burkhardt, Jeff Walsh, Charlene Franz, Mark Coakley
Members Absent: Joe McGrath
Others Present: See Sign-In Sheet
Recorder: Melanie Rich
PUBLIC MEETING - Kenneth Sydow, Rocky Pond Realty Trust – Request for Determination of Applicability - Boulder Way, Maps 33 & 34 (Repair and upgrade Boulder Way)
Mr. Sydow said he received a Determination of Applicability in August 2003 for filling and repairing the road. In February 2007, the Commission determined that the Determination on file was valid as long as it was just for filling the potholes. Mr. Sydow intends to repair and compact the gravel road and add a wearing surface of recycled pavement grindings for stabilization. The width will remain the same. Mr. Sydow is working with the Planning Board. Graves Engineering will approve what material is being used. Mr. Sydow said he will put hay bales on Lots 9 and 13 so there will be minimal impact to the resource area. Mark Coakley made a motion to issue a Negative Determination by reason #3, adding the following conditions: (1) ESC protection to be located on Lots 9 and13 as
depicted on “Plan of Lots situated on the North side of Rocky Pond”, Book 2384, Page 601; and (2) notify the Commission office at least 48 hours before commencing work. Jeff Walsh seconded the motion; all agreed; motion approved.
Ratify Enforcement Order issued to Town of Shrewsbury for Newton Pond – It is within the jurisdiction of the Commission to file an Enforcement Order. All protocol was followed. The email dated May 9, 2011 stated there would be no impacts to Boylston, which included a project description, was reviewed. The ENF was also reviewed. Mark had questions about the flood storage capacity. Jeff described the stage-storage relationship of the pond. The stage-discharge has significantly changed. EcoTec’s letter includes a summary of projected changes to the wetlands. Chip has spoken to the Town Administrator about the matter and attempted to reach Shrewsbury’s Town Manager, but he has not returned his call as of this meeting. Chip also said we have
been working in a cooperative fashion with Shrewsbury and would like to continue to do so. Mark said we cannot permit an alteration that large and does not see what relief we can grant them. Jeff Walsh made a motion to ratify and modify the Enforcement Order issued to the Shrewsbury Engineering Department on August 21, 2012 with the following changes: (1) strike DEP file number on all pages; (2) strike reference to Great Pond on pages 1 and 2; (3) change date to October 2, 2012 on page 3; and (4) add “as a result of lowering the ‘normal’ water level of Newton Pond” to the sentence beginning with “restoration of altered… on page 3”. Chip Burkhardt seconded the motion; all agreed; motion approved. They will be invited to attend our September meeting for an informal discussion.
Miscellaneous Items
The Route 70 drainage project is completed.
A copy of Graves Engineering letter to the Planning Board’s concerning Summer Star Wildlife was received.
Jeff will contact Bill Manter regarding Abbey Road.
Chip Burkhardt made a motion to adjourn; Jeff Walsh seconded; all agreed. The meeting adjourned at 7:55 p.m.
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