Members Present: Mark Coakley, Joe McGrath, Jeff Walsh, Chip Burkhardt, Charlene Franz
Members Absent: None
Others Present: See Attached Sign-In Sheet
Recorder: Melanie Rich
PUBLIC MEETING – Luvak, Inc., 722 Main Street – Request for Determination of Applicability to install a new sewer line, septic tank and pump chamber within the 100’ buffer zone of a BVW.
Steve Sears (David E. Ross) was present for the applicant. The failing system needs to be replaced. There is no DCR jurisdiction, no increase in flow, no change in use. Erosion controls will be used and the area will be loamed and seeded. They will re-loam and re-seed in the spring if necessary. Joe McGrath made a motion to close the Public Meeting; Charlene Franz seconded; all agreed; motion approved. Mark Coakley made a motion to issue a Negative Determination of Applicability by Reason #2; Joe McGrath seconded; all agreed; motion approved. Documents will be held pending payment for advertising.
PUBLIC HEARING – William & Diana Whitehead, 25 Knob Cone Drive – Notice of Intent for a proposed addition with wood deck within the 100’ buffer of a BVW and riverfront zone of Sewall Brook.
Steve Sears (David E. Ross) and Mr. & Mrs. Whitehead were present. Mark Coakley noted some errors on the Notice of Intent; the description should include a foundation, and B1 page 2 – buffer zone only – does not apply. All work is within the 200’ resource area; total area is 82,480 square feet with 530 square feet of proposed alterations. Mr. Whitehead said it is a two-story addition in the back. The area is mostly lawn with a 3’ pitch from the back of the house to the slope. The date of lot is 1981 which is pre-jurisdictional to the commission. Erosion control barriers (straw) will be used; all construction/building materials will be stockpiled outside the 100’ buffer zone; the elevation will remain the same. Jeff Walsh made a motion to close the
Public Hearing; Joe McGrath seconded; all agreed; motion approved. Jeff Walsh made a motion to issue an Order of Conditions pending a DEP file number; Joe McGrath seconded; all agreed; motion approved.
PUBLIC MEETING – Ehsan Noory, 115 Shrewsbury Street – Request for Determination of Applicability to convert the heating system from oil to gas requiring a gas line from Shrewsbury Street to the house.
Neither the applicant nor any representative was present. There is only a brief narrative; no sketch. There is not enough information to make a decision on and the members do not feel comfortable making a decision based on what was submitted. Joe McGrath made a motion to close the Public Meeting; Chip Burkhardt seconded; all agreed; motion approved. Mark Coakley made a motion to issue a Positive Determination by Reason 2b, adding (1) the location of the work needs to be shown on a plan, (2) need to show the scale of the work, (3) need to show the erosion and sediment controls, and (4) the commission suggests he re-file an RDA with this information; Chip Burkhardt seconded; all agreed; motion approved. Document will be held pending payment of advertising fee.
INFORMAL DISCUSSION – James Tetreault (Thompson-Liston Associates) Barnard Hill – James Tetreault (Thompson-Liston Associates) was present to give an update of the project that was previously before the board. He contacted Joe McGrath by email. Mr. McGrath suggested he come before the Commission for discussion.
The project first came before the Boylston Conservation Commission in 1998 and received an Order of Conditions in 2000.~ An extension of that Order in 2003 was requested and received, along with another requested extension in 2006.
At that time, the Commission declined to give another extension.~ Because there were going to be plan changes in order to satisfy the Planning Board and because there had been new DEP stormwater management standards issued, the Commission wanted to see a new NOI filing.~
The legal appeals of the project endured through 2009 before they were finally dropped.~ Now, the applicant, Dr. Chehade, is going forward with this project.~They expect to file with the Conservation Commission in November. Mr. Tetreault submitted an email outlining the changes/additions that will be made to the definite subdivision plan to satisfy Natural Heritage. The Commission would like a full walk-through of the land, the wetland boundaries will need to be flagged, and a stormwater permit will also be required.
COMMISSION BUSINESS
Vouchers were approved.
Joe McGrath made a motion to approve the Meeting Minutes dated September 16, 2013 with changes noted; Chip Burkhardt seconded; all agreed; motion approved.
Longley Hill Update – Mr. Ansari did not attend the September meeting. An email dated September 17th was received stating what he had done. Members had concerns with what the email said was done and what was actually done. Mark will contact Paul McManus for a site status update and a report on the progress of the erosion measures Mr. McManus recommended in his last site visit. In addition, Mr. Ansari will be requested to replenish his 53G account with $1,500.
Mount Pleasant Country Club – Mark spoke with Todd Sauer about the project. In the event that any residents contact the office, there is no impact.
Sewall Pond Update – Mr. Buxton was present and said he did not receive the Notice of Non-Compliance that was issued by the DEP. The office received a copy on October 3rd. He was given a copy and was told he would have to contact the DEP since the Commission no longer has jurisdiction. Joe McGrath received an email from Don Hoffses stating that the water was going down since last week. The Commission had intended to do more research, but the DEP took it over.
Newton Pond Update – Jeff Walsh recused himself from the matter. Chip Burkhardt spoke with Boylston’s Town Administrator and had a conference call with Brad Stone, Jeff Howland and Dan Morgado from Shrewsbury. They continue to say they did nothing wrong and the project is closed. They said the report by Paul McManus (EcoTec) dated July 16, 2012, indicating the water level changed 12”, means nothing. Chip informed them that there is an open Enforcement Order with no resolution. Shrewsbury said they would send a Certificate of Compliance. This is not acceptable because it doesn’t address the issue of the outstanding Enforcement Order. Boylston needs closure on this Enforcement Order in the event townspeople want to know about the project and the
actions that were taken by the town. Shrewsbury also continues to say they will get back to us, but never do, despite numerous requests. Boylston’s options are to take action and contact DEP or ask Shrewsbury to hire a qualified person to provide Boylston with a report on verification of dam regulations and wetland regulations. Boylston should not be responsible to pay to find out. We are looking for a simple explanation of what they did and why. This item will be tabled until next month when a decision as to what to do will be made.
Compass Pointe – An email dated September 23, 2013 requesting an additional 30 days to complete the work because of bank financing was received. Since that time, there has been no communication from Mr. Venincasa. Mark Coakley will contact him tomorrow.
Worcester Sand & Gravel Earth Removal – The Earth Removal Board issued a cease and desist on October 2nd. Jeff Walsh said there was direct discharge into Sewall Brook. Permanent work was done within a buffer zone as well as within 100’ of the pond. Enforcement action can be taken under the Stormwater Bylaw. A letter will be written telling them they need to file subject to the Stormwater Control Bylaw and Wetland Protection Act and that the filing must be in the office by November 5th to be addressed at our November 18th meeting.
Joe McGrath updated the members on the Tri Town Landscape Protection Partnership. He was disappointed that the Selectmen refused the sign on for the participation grant program. There was no commitment to take on the town’s part. They would have been the sponsor so the grant could be applied for. There are some citizens that plan to participate. He will keep us informed about the other towns (Berlin & Northborough) and landowners. Joe was thanked for all his efforts.
188 Cross Street Certificate of Compliance – Mark Coakley made a motion to issue a Certificate of Compliance; Joe McGrath seconded; all agreed; motion approved.
A motion was made at 9:00 p.m. to adjourn by Mark Coakley; seconded by Joe McGrath, and passed unanimously.
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