Members Present: Chip Burkhardt, Jeff Walsh, Mark Coakley, Joe McGrath (8:15 p.m. arrival)
Members Absent: Charlene Franz
Others Present: See Sign-In Sheet
Recorder: Melanie Rich
PUBLIC HEARING – Kenneth Sydow, Rocky Pond Realty Trust – Notice of Intent – 24 Boulder Way (demolish an existing 2 bedroom cottage on Rocky Pond and construct a new 2 bedroom single family house)
Present were Ken and Betty Sydow and Robert Oliva (David E. Ross Associates). Mr. Oliva explained that the intent is to demolish and remove the existing two bedroom cottage and construct a two bedroom single family home. It will have a deck and walkout basement. The new driveway will come off the existing gravel driveway. The cottages are all served by septic systems. Lot 24 will have a new well which will have a small stone casing. Infiltrator chambers were included on the plan. Mr. Oliva submitted revised plans for review with the only change being that a dry hydrant was added. He is working with the fire chief for placement. Jeff Walsh asked what the material is around the house and was told it would be loamed and seeded. He said they are trying to keep the
limit of work of disturbance minimal. Mr. Sydow said it is currently lawn and he would like to put in a tier of rock walls. Mr. Oliva said right now roof runoff sheets down from the pond. He said he could put in a pit, not a culvert. There will be a small amount of excavating. Ms. Sydow said the existing gravel driveway will be closed off and the entrance will be another way. Rip rap will be used for the driveway. Mark Coakley proposed that they leave the infiltration chambers on the plan. The members were satisfied. Jeff Walsh made a motion to close the Public Hearing; Mark Coakley seconded. The motion was rescinded because there was an issue with the green cards. Mr. Oliva did not bring them. The members did, however, acknowledge the Affidavit of Service that was included in the Notice of Intent. Mr. Oliva informed the members that there will only be one set of green cards since they put both hearing
notices in the one mailing. Jeff Walsh made a motion to close the Public Hearing; Mark Coakley seconded; all agreed; motion approved. Mark Coakley made a motion to issue an Order of Conditions to include Special Condition #33 that issuance of the Order of Conditions is contingent upon the receipt of properly served green cards to the Commission; Jeff Walsh seconded; all agreed; motion approved.
PUBLIC HEARING – Kenneth Sydow, Rocky Pond Realty Trust – Notice of Intent – 34 Boulder Way (demolish an existing 2 bedroom cottage, and other outbuildings on Rocky Pond and construct a new 2 bedroom single family house)
Mr. Oliva explained the intent of #34 Boulder Way. It is similar to #24 with the exception that this lot will not include a new well. The existing well will remain. It will be a two bedroom home with a deck, stairs, screen porch, walkout basement. Mark Coakley asked what the distance was from the well to the septic and was told by Mr. Sydow that it was 50’. Mr. Oliva said they are trying to cover at least the front of the house roof runoff. Mr. Sydow said he received a variance from the ZBA. Mark Coakley made a motion to close the Public Hearing; Jeff Walsh seconded; all agreed; motion approved. Mark Coakley made a motion to issue an Order of Conditions to include Special Condition #33 that issuance of the Order of Conditions is contingent upon the receipt of properly
served green cards to the Commission; Jeff Walsh seconded; all agreed; motion approved.
Bradford Stone – Shrewsbury Conservation Commission – Informal discussion regarding Newton Pond
Robert Jacques (Vice Chairman, Shrewsbury Conservation), Jack Perreault, Mark Mitsch (Weston and Sampson) and Brad Stone were present. Mr. Jacques said the dam on Sewall Street was reconstructed and completed early spring. It was designed in accordance with the Office of Dam Safety. An NOI was filed with Shrewsbury and a Certificate of Compliance received. Shortly thereafter, they began receiving calls concerning the reduction of elevation of the waterway. They hired a consultant to advise what the impacts might be. Mr. Jacques said to the best of his knowledge, there is a reduction of 6”-8”. The reason is not that the dam is lower. The old weir was 12’ wide. The new weir is 85’ wide. The Office of Dam Safety gave them the okay to increase
the water level 6”. They expect to implement this within the next 3-4 months. Mark Coakley told them they were here because we were told there were no changes proposed, so Boylston did not require an NOI. Mark said we looked at the ENF and there were no proposed changes in the water level. We had to get the report and were not getting any information, so we had to issue an Enforcement Order because there was altering jurisdictional to Boylston. Based on his read of the regulations, Mr. Jacques said he doesn’t believe the Enforcement Order is valid and doesn’t believe he had to file in Boylston for work in Shrewsbury. Mark said there are alterations that are jurisdictional to Boylston. Mr. Jacques does not agree. Mr. Mitsch said they need to look at the normal regulatory water which is the lowest portion of the weir per the Office of Dam Safety. He said for him it had not changed but people observe it at a
different level. Chip asked if the elevations are consistent with the top of the boards. Mr. Jacques said the water was measured at 382.3. Chip said if you looked at the evidence (staining on docks, moss) it is deeper. He said the land under water is a resource area that needs to be protected and restored and not sure how to do this. Mr. Mitsch said they are trying to balance it all out and takes issue with the water level saying the undercutting is above that level and in a splash zone. Chip said you can see that the changes in moss and staining are between 6”-12”. Mr. Mitsch said they are planning to put a 6” x 6” galvanized angle iron across to bring the water level up. The weir will be raised so the water level will be higher. Chip asked do we know if the land in Boylston will still be land under water. He also mentioned another possible issue it would affect, a BVW adjacent to the pond, but not
sure because it is on the town line. Mr. Jacques said they came here to tell us they are going to add the 6” fix and feels that is all they can do. Mr. Mitsch said going 6” higher will be closer to what the people used to observe. There is no room to make changes. He said it will take care of the problem. Chip said Boylston’s concern is that the water level has to be restored in Boylston. Mr. Mitsch said for the last forty years it has been maintained high. Mr. Jacques said it won’t be resolved here and respects our position. Breaching was discussed. Jeff Walsh discussed the hydraulic analysis. Based on the hydraulics of the old and new dam, there is a change of elevation of about 8”. Mr. Jacques said that before the Enforcement Order was issued, they struggled with it for months so 6” is as much as we are going to get. Mr. Mitsch feels that when it is done, it
will be back to what people typically see. Mr. Jacques said to call Brad Stone if we have any questions. The Commission will require written response and Shrewsbury will need to include a plan that shows the improvements they will make. Mr. Jacques said he will send us sketch and as-built certification of completion. Mark proposed that we leave the Enforcement Order in place and excuse them from filing a Notice of Intent until the 6” x 6” galvanized angle iron is put in place and notify us when completed.
Commission Business
Vouchers were approved.
Mark Coakley made a motion to approve the Meeting Minutes dated August 20, 2012; Jeff Walsh seconded; all agreed; motion approved.
Jeff Walsh made a motion to approve the Special Meeting Minutes dated August 28, 2012 with changes noted; Chip Burkhardt seconded; all agreed; motion approved.
Miscellaneous Items
Compass Pointe – Chip drove by Compass Pointe and noticed there are three lots being worked on. There was question as to whether he was in compliance with the Stormwater Permit. Mr. Venincasa sent an email that says they are prepping the area for a foundation on three lots and have disturbed approximately 2,000 square feet per lot totaling 6,000 square feet, which is approximately 660 square yards. The Stormwater Permit says the developer shall not disturb more than 16, 600 square yards at any one time. Once an area is re-stabilized, the developer may continue to disturb areas provided the total disturbed area(s) does not exceed 16,600 square yards (in the aggregate). He may disturb more than that upon written request from the Commission. Mr. Venincasa will be asked for the
status on the bond.
Chuck Jasiak – It is not sure if Mr. Jasiak put the drainage back. He has not contacted the office. His Order of Conditions will be reviewed.
Robert Fuller – DEP received complaints. Chip spoke with Mr. Fuller. A letter will be sent to Mr. Fuller informing him that he needs to file before he does anything on the property.
October 15th was confirmed as the date for the next Conservation Commission Meeting.
Mark Coakley made a motion to adjourn; Jeff Walsh seconded; all agreed. The meeting adjourned at 8:45 p.m.
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