Members Present: Mark Coakley, Joe McGrath, Jeff Walsh, Chip Burkhardt
Members Absent: Charlene Franz
Others Present: See Attached Sign-In Sheet
Recorder: Melanie Rich
COMMISSION BUSINESS
Vouchers were approved.
Joe McGrath made a motion to approve the Meeting Minutes dated July 15, 2013; Chip Burkhardt seconded; all agreed with the exception of Jeff Walsh who abstained; motion approved.
Longley Hill Runoff – Mark Coakley said he received a complaint that Cold Harbor Brook was filled with silt and running brown. Paul McManus (EcoTec) was asked to visit the site and inspect it. A report was received on August 7th outlining his findings and recommendations. A follow-up report as to the impact of the wetlands has not been received as yet. The commission was not happy with the unstable site which led to impacts on the wetlands. The possibility of issuing an Enforcement Order was discussed, but will be held off until the follow-up report from EcoTec is received and reviewed. Mr. Ansari said he met with Mr. McManus on site along with his site supervisor, Tony Bujeniece. Mr. Ansari said the two very large detention ponds are completed, the grass has
taken, and the water level in the pond is below elevation (about 6”). He said he didn’t believe the water came from them. Mark said it came through the hay bales from on the road into the wetlands. Mr. Ansari said he can’t find the breach where the water came out. He also said he cleaned out the roadway and got rid of the fill; only two piles of loam remain. He said he is willing to clean out the pond, to which he was told he will be required to do that. He was asked if he did minor mitigation. He said not after August 7th. Lot 4 was to be loamed and seeded August 7th (not done), Lot 1 is not seeded, Lot 1R has been done. Mr. Ansari said the owners are working on it. Mark reminded him that he is still responsible. Lots 3 and 4 are to be seeded August 20th. Very little seeding has been done since August 7th. Jeff Walsh said we are going into the
end of the growing season and wants to see thick grass. Chip said he observed silt laden water in the bottom of the basin. He also inspected the silt fence which was compromised. The temporary basins on the right side had silty water which went across the roadway and into the brook. Mark was concerned because the EcoTec letter was specific with findings and recommendations and feels Mr. Ansari has not complied with it. Joe McGrath said we should see all sediment and control measure repaired. He suggested we wait for EcoTec’s report, but can’t wait for another month. A site visit is scheduled for Wednesday, September 4th at 6:00 p.m., at which time the progress by Mr. Ansari will be compared to the EcoTec letter of August 7th.
Additionally, Mr. Ansari asked the commission to sign off on the Certificate of Occupancy for Lot 4 (house number 11). He said they are loaming and seeding tomorrow (August 20th). Jeff Walsh said that with regard to sign-offs, permanent (or at least temporary) erosion controls need to be in place and the lot stabilized. The commission did not sign the green card.
Sewall Pond Update – Mark Coakley told those present that an email copy was received from MaryAnn Dipinto (DEP) with photos of the brook. The Buxtons also submitted an informational packet that included a list of people with signatures attesting to have witnessed the rock dam located on their property over a number of years, a page from a 1983 filing of William Fay to reconstruct Bannister Mill Dam whereby an upstream description of Sewall Brook refers to a dam located “above” the Bannister Mill Dam, before picture of dam condition prior to June 29th and after picture prior to July 7th, pages from William Fay filing referring to brook elevations and expected water levels at Bannister Mill Dam and Sewall Pond, discussions about discrepancies between FEMA and Fay’s submitted 100 year flood water levels, internet pages showing June 2013 as one of the wettest months on record for the area, Town of Boylston Assessor’s Map 7 and FEMA Flood Map showing certain Sewall Pond properties
either under water or subject to flooding. All documents submitted are on file in the Conservation office for review.
Don Hoffses (126 Nicholas Ave) said MaryAnn Dipinto told the Buxtons to take down the dam. Chip Burkhardt said we were told there was activity going on, but when he visited the site, there was no evidence of heavy machinery or work being done. Chip said he wanted to make it very clear, as he has done in the past, that anybody that removes anything or does any work, is violating the law; nobody should be going down there. Barbara Dennis (126 Nicholas Ave) said she believes there a conflict with this board because Ms. Buxton was once the Administrative Assistant. Joe McGrath, as a resident, said that if you feel there is a conflict of interest, you can file a complaint with the State Ethics Commission. Mark Coakley said the evidence shows the FEMA study the same as on the Buxton
property. It shows a flat and level pond. Ms. Dennis said there are issues that were not addressed; if he owns half of the stream, where is the neighbor? Mr. Hoffses said that in 2011 Chip came over, the Buxtons took out the dam, and the water went down, but over a month ago it started again. Chip started to speak, but was again interrupted by Mr. Hoffses. Jeff Walsh told Mr. Hoffses to please let Chip speak because he was constantly interrupting him. Jeff explained that he also is trying to understand the issue, but cannot hear with constant interruptions. Chip feels there are a combination of reasons for the change in water flow (rainfall, restricted outlet, etc.). Ms. Dennis said it is man-made dams and beavers. She asked if she could look at it herself and was told by the commission that she can, but because it is not on her property, she will need permission to go there. She was also told she would have to figure out
a way to pay for it. Beaver issues can be dealt with by the Board of Health. Mark said the properties shown on the FEMA map are shown as flood zones. Joe McGrath recommended setting a site visit with DEP and turn jurisdiction over to them since the abutters don’t trust the commission. He said we don’t have the expertise as a board to handle it. It is beyond our skills. Should the DEP turn it back over to the Commission, it was suggested that the abutters form a lake group and we could work with them to the best of our ability. It is apparent that we have no credibility by the disrespect they showed us tonight.
Angela Moll (98 Nicholas Ave) has lived in town over seven years and said she does not want the neighborhood viewed as disrespectful. She said Sewall Pond is a treasure; beautiful pond. She thinks there is beaver activity, but would also like to know what causes the stagnant water; it is not a good situation. She has come to the commission to ask what she can do as a citizen. Joe said we could work with them as a group. He spoke of the YMCA who had a weed control program in place for years. Joe McGrath made a motion to contact DEP and refer it to them because we don’t have the expertise to handle it; Jeff Walsh seconded; all agreed; motion approved.
Ms. Dennis asked about an engineering study possibly being done that was mentioned a few years ago. Jeff told her that she can’t come to the board to solve the problems. They would have to hire an engineer and pay for it. That is not something the commission would pay for; there are no funds. The amount of water dictates the water level (beaver activity, boulders, sticks, sediments, etc., not necessarily human activity). Joe asked for contact information to send any notifications to the group. Ms. Dennis said she would forward any information. Melanie will send Joe her email address tomorrow.
Newton Pond – A formal request letter was sent to John Ostrosky (Conservation Chairman) by email and regular mail on August 15th. No response has been received as yet.
Compass Pointe (Bonds) and Lot Sign-Offs for Lots 30, 37, 38, & 55 – Jeff Walsh recused himself from the matter. Paul McManus (EcoTec) visited the site and reported his findings in a letter dated July 18, 2013. Mark Coakley said the bond amount more than covers what Mr. Venincasa is opening. Mr. Venincasa was in attendance. He was reminded that the end of the growing season is nearing and the commission wants the site buttoned up. Resident Jeff Walsh (35 Glazier Street) asked what the developer plans to do to bring the site up to grade. There are eighteen catch basins that need to be brought up to grade. Currently, only two are. Mr. Walsh encouraged the commission to require the developer to install and have them functioning immediately. Mr. Venincasa was
told to have them in the road and functioning by next week. Mr. Venincasa said that is not possible. Mr. Walsh said 3-6 could be installed per day. A status report will be required in two weeks along with a schedule for hydroseeding, or the commission will not allow any more lot releases.
Construction permits for Lots 30, 37, 38 & 55 were signed by the Chairman.
Consider issuing a Certificate of Compliance to Michael Holyoak, 18 Boulder Way, DEP #115-335 – Mark Coakley visited the site and said the grading was more extensive than what was depicted on the plan that was approved by the commission. A Certificate of Compliance will not be issued because it is not in compliance. The wall that was built has impacted wildlife migration and was not approved to be built. The square footage is significantly more than what was approved. The original plan showed very little work. It puts it in a different set of regulations which can’t be added to the Certificate of Compliance. Mr. Holyoak was told he needed to file for any work in the buffer zone. The commission could make Mr. Holyoak remove the wall. He was told he could
reapply to amend the Order of Conditions. Mark sent Mr. Holyoak an email on June 24th explaining his site visit. Mr. Holyoak said he did not receive it, and was given a copy. Jeff told him that had he applied for amended Order of Conditions and provided a plan, the commission could have deliberated on it and come to a decision. He suggested he have his surveyor or engineer show what was built, what was proposed and the difference in elevation and the impact it has on the bank. Jeff also told him we typically receive an as-built plan showing the grading and landscaping. Mr. Holyoak said he supplied an as-built, but that was a foundation as-built which is different. He will need to submit a new plan which will be compared with the approved plan dated June 1, 2009. Mr. Holyoak made adjustments in order to get an Occupancy Permit. The commission’s jurisdiction is to protect the wetlands not to obtain a building
permit.
Consider issuing a Certificate of Compliance to Ken Sydow, 24 Boulder Way, DEP #115-362 – Jeff visited the site and said it was stable. Chip Burkhardt made a motion to issue a Certificate of Compliance; Joe McGrath seconded; all agreed; motion approved.
Considering issue a Certificate of Compliance to Gary Sanginario (for Robert Vrolyk), 5 Knob Cone Drive, DEP #115-76 – This is in a riverfront area. Chip Burkhardt made a motion to issue a Certificate of Compliance with the following ongoing condition that “no yard debris, branches, or organic matter shall be deposited or disposed of within 30’ of the river bank”; Joe McGrath seconded; all agreed; motion approved.
Mario Vilani (Central Street) – Mark said there was a complaint about run off after recent rainstorms. There are problems with the erosion control measures. There is nothing in place to prevent run off into the catch basin at the end of the road. He is using waddles and no toe in. Staked hay bales need to be put in and the first 150’ needs to be hydroseeded. The gravel road is now 4’. It will be suggested for him to use 3”gravel and install a scrub pad. Chip will call Mr. Viliani and tell him to stake the silt fence, put in hay bales and scrub pad.
Joe McGrath made a motion to adjourn; Chip Burkhardt seconded; all agreed; motion approved. The meeting adjourned at 9:00 p.m.
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