Members Present: Joe McGrath, Jeff Walsh, Chip Burkhardt, Charlene Franz
Members Absent: Mark Coakley
Others Present: See Attached Sign-In Sheet
Recorder: Joe McGrath
COMMISSION BUSINESS
PUBLIC HEARING – Michael Holyoak, 18 Boulder Way; Amendment to O.C. DEP#115-335 – Mr. Holyoak appeared before the Commission to request changes to the Order of Conditions for his residence. It was noted that the applicant had not yet paid the advertising fee. Green cards and the application letter were reviewed. Mr. Holyoak indicated that his engineer thought a revised site plan had been previously sent to the Commission. A new as-built plan, titled Site Plan, 18 Boulder Way, dated 28 August, 2013, was reviewed by the Commission, and the differences between the new plan and the one originally filed with the NOI were noted and discussed. Grades around the house had been raised 2’-3’ higher than the original filing; the house orientation on the lot had
been changed, and a new retaining wall had been added along the pond shoreline. None of the area between the wall and the pond edge had been changed. The gravel driveway area and septic system had been moved further away from the pond. Additional retaining walls along the property boundaries were also observed on the new plan. It was also noted that the lot was not in the FEMA flood plan. It was recommended that Mr. Holyoak monitor the rip-rap slope for erosion, or to fill in some of the larger open areas between the large stones with smaller stone. Chip had observed that part of the rip-rap slope was very close to the water’s edge. A motion was made by Joe to close the Public Hearing, which was seconded by Charlene and passed unanimously. A motion was made by Joe to approve the request for the Amended Order with the new site plan, which was seconded by Chip and passed unanimously.
PUBLIC HEARING – Boylston Recreation and Golf LLL – Stormwater Control Permit Application – Mr. Brian Lynch, General Manager, Mt. Pleasant Country Club, for site work associated with reconstruction of the snack shack. Mr. Matt Brassard, Site Engineer presented the Stormwater Permit Application. Abutter notifications were received. This permit was originally intended to accompany the Notice of Intent that was submitted earlier this year. The location of the S&EC controls was reviewed, as was the nature of work. A small portion of the work was in the Riverfront Zone. A motion was made by Chip to close the Public Hearing, which was seconded by Charlene and passed unanimously. A motion was made to issue the Stormwater
Permit by Joe McGrath, which was seconded by Chip, and approved unanimously,
Commission Business was reviewed as time permitted during the meeting.
A motion was made by Joe McGrath to approve the Minutes of 19 August with one amendment on Page 3. The motion was seconded by Chip and unanimously approved. Vouchers were reviewed and approved.
A letter was reviewed from the Boylston Sportsman’s Club, as a notice of intent to sell a lot on School Street that had been in Chapter 61B. It was noted that the Board of Selectmen had declined to exercise their right to purchase.
A short discussion was held as to Longley Hill. Jeff observed that some work requested at the site visit had been completed, but that more work was necessary.
A discussion on the status of Compass Pointe – Jeff has observed that the road drainage structures had yet to be installed. Mr. Venincasa was instructed to notify us by 5 September as to the timetable for this work and additional hydro seeding. No notice had been received as of this meeting.
Based on a citizen complaint, earth removal activity had taken place off of Heywood and Mill Streets without any permits for earth removal or Stormwater management. On 31 August, a site visit was held. The property is on Assessors Map 1, Parcels 129. 129-1, 133, and 134, and is owned by Worcester Sand and Gravel. The area drains into a nearby pond, and was within 100’ of the pond. The area excavated was over an acre, and it was noted that there were no barriers on the steep drop-offs around the work, and construction equipment travels through the buffer zone. A review of the S&EC permit issued in 1992 in Boylston does not appear to include the excavation site. The Shrewsbury Town Engineer was consulted, and it is not covered by any permits issued in
Shrewsbury. The recent work is actually in Boylston. A motion was made by Joe McGrath to notify Worcester Sand and Gravel in writing that a Stormwater Control Permit is required for the activity, as well as a possible filing under the Wetlands Protection Act. The motion was seconded by Charlene and passed unanimously.
A discussion was held concerning Sewall Pond. Joe distributed emails about the issue from Maryann DiPinto, DEP, and Michele Girard, MACC. A report from Mike Callahan, Beaver Solutions, was also reviewed. Joe related the content of a telephone conversation with Ms. Gerard, and the recommendation from her and Ms. DiPinto that the Commission treat this as an enforcement matter with the Buxton’s. Ms. DiPinto is also concerned that the elevated water level could potentially damage septic systems on the pond. Chip had also observed a major flow reduction in the runoff, which later came back. The content of the packet Mr. Buxton provided to the Commission several weeks ago was also discussed, as well as the FEMA flood map for the area. It was noted that
complete removal of the entire dam may adversely impact the water level in the opposite direction. Chip also discovered in an application filed with the Town in 1984/1985 for an adjacent dam which referred to the damage in question. At this time the Commission is not ready to issue an Enforcement Order, but feels that more time is necessary to review the information before us. Joe will follow up with DEP and MACC for additional recommendations.
The status of the Villani project on Central Street adjacent to Longley Hill was discussed. Chip has spoken to the property owner who has agreed to improve the Stormwater management controls around the site. Chip also observed on a subsequent visit that work was in-progress.
A discussion was held on that status of the dam replacement on Newton Pond. Jeff Walsh recused himself from the discussion, due to a conflict of interest. The work is completed, including the extra work to bring the water level up an additional several inches that was previously agreed to. Chip has been monitoring the activity and had requested from the Shrewsbury Conservation Commission additional information on the lowering of the water level in Boylston. Abutters have noticed that the Pond is still down about 6”, but we have no active complaints from Boylston residents. Shrewsbury has indicated that the dam safety regulations prohibit them from raising the dam any further. The Shrewsbury Conservation Agent Brad Stone has indicated that they will not
provide us any additional information that confirms this. The Commission debated whether it was worth pursuing the matter further through Town Counsel or the Town Administrator. The Commission did not want to set the precedent of ignoring the issue, but did not want it to escalate it. Chip agreed to talk with our Town Administrator for his advice on how to handle the matter.
Joe indicated that he had followed up on a citizen’s request to provide information on town conservation issues to a student working on a paper.
The next regular meeting will be 21 October at 7:00PM.
A motion was made at 9:25PM to adjourn by Chip, seconded by Charlene, and passed unanimously.
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