Members Present: Mark Coakley, Joe McGrath, Jeff Walsh, Charlene Franz
Members Absent: Chip Burkhardt
Others Present: See Attached Sign-In Sheet
Recorder: Melanie Rich
PUBLIC MEETING – YMCA (Camp Harrington), 320 Sewall Street – Request for Determination of Applicability seeking a determination that the mapped perennial stream Sewall Brook, located in the central portion of the property, is an intermittent stream upstream from the culvert located proximate to the camp store.
Paul McManus (EcoTec) and Chris Wild (Camp Harrington Assistant Director) were in attendance. Further research and analysis was provided by Mr. McManus in his letter of December 9, 2013. MaryAnn Dipinto provided information per emails received today. The Robert Winter finding in Townsend is similar to what the commission is currently dealing with. Stephan Lockney (Camp Harrington Director) supplied a letter stating the pattern of stream over the past ten years. Jeff Walsh talked about groundwater elevation and the significant impact on this portion of Sewall Brook. Mr. McManus explained the photos and USGS geology maps. He does not think there is a significant effect from the wells on the stream. Joe McGrath said we need to be very specific what we are including (Sewall
Street to the pond). He feels that portion only is intermittent. He also felt that an ANRAD should have been filed rather than a Request for Determination. Typically the proposed work would accompany a filing so the commission could determine what would or would not be jurisdictional. Mr. McManus disagreed saying that if the plans were submitted and they did not get the determination they were looking for, that would be a great expense to the applicant. Joe said he is only one member of the commission and agrees with what the applicant is asking for, but how do you make a determination without the work detail. He doesn’t see how to word in on Form 2. Joe McGrath made a motion to close the Public Meeting; Jeff Walsh seconded; all agreed; motion approved. Jeff Walsh made a motion to issue a Positive Determination to the YMCA of Greater Worcester based on the following: this Determination of Applicability affirms that the reach of
Sewall Brook from Sewall Street to the discharge at Sewall Pond is intermittent based upon the information submitted. This Determination of Applicability does not affirm the presence or absence of any other resource areas jurisdictional under the Act, including but not limited to BVW, land subject to flooding, bank or any other resource areas. Charlene Franz seconded the motion. Jeff Walsh, Charlene Franz and Mark Coakley voted in favor; Joe McGrath voted not in favor.
PUBLIC HEARING – Stanley Meleski, 29 Midland Road – Notice of Intent application for septic repair.
Glenn Krevosky was in attendance for the applicant. The members had no issues with the repair. Joe McGrath made a motion to close the Public Hearing; Jeff Walsh seconded; all agreed; motion approved. Joe McGrath made a motion to issue a standard Order of Conditions; Jeff Walsh seconded; all agreed; motion approved. It will be held pending a DEP file number and payment of ad fee.
COMMISSION BUSINESS
Vouchers were approved.
Mark Coakley made a motion to approve the Meeting Minutes dated November 18, 2013; Charlene Franz seconded; approved. Joe McGrath and Jeff Walsh abstained from voting.
Ron Aspero (Shrewsbury Homes) attended to ask for a partial Certificate of Compliance for 199 Sewall Street. The original filing was submitted by Balderelli Brothers in 1999. The Order of Conditions applied to the plan, but was recorded against the entire 46 acres. Mr. Aspero received a Determination of Applicability in October of 2011 for Map 12, Parcel 25. Mark Coakley made a motion to issue a Partial Certificate of Compliance to Order of Conditions DEP File #115-208 for 199 Sewall Street, Map 12, Parcel 25 (DA issued with RFDA Plan dated 10/11/2011); Joe McGrath seconded; all agreed; motion approved.
Longley Hill Update – Mr. Ansari was in attendance. He said some of the work noted by Paul McManus (EcoTec) has been done; some not, but that he is continually working on it. Mark Coakley said he needs to show the commission evidence that work has been done; we can’t just go by what he says. Mr. Ansari said lot 10 is stabilized; all that is left to do is grass; the house has been sold. Mark’s concern is with the cut in the back. Mr. Ansari said they are working on installing the rock wall now; all that is needed is a pipe connection for the septic. It has not been signed-off by the Board of Health as of tonight. He said lot 8 was paved and he will seek approval at a later date for this lot. He said by spring the right side will be completed. He
said he does have hay bales stockpiled in case they are needed. Jeff Walsh visited the site on Saturday. He is concerned with the steep slopes on lot 10, the overall site, and not sure whether a Certificate of Occupancy should be signed off by the commission. By signing, it tells the Building Inspector that there are no outstanding issues. Jeff said the street had been scraped, but not swept. By not sweeping, the fines will run off. Mr. Ansari said he was told to wait by his sweeper, but will contact him to do it as soon as possible. Mr. Ansari was also told to inform the commission three business days before he needs a sign off so the members have time to look at it. Joe McGrath made a motion to sign-off for the Certificate of Occupancy for lot 10 only; Jeff seconded; all agreed; approved.
Compass Pointe Update – Jeff Walsh recused himself from the matter. Mr. Venincasa said he could not move forward with the project due to lack of funds. He said they did cut trees on the right. Mark Coakley said what he observed was more than tree cutting. Mark told him he cut into Phase II which he was not allowed to do. He was to come to the commission before opening up more land. Mr. Venincasa said he thought he could do it because the bond covered it. Joe McGrath asked if he had a time frame. Mr. Venincasa did not know and would send the commission an email update. Joe said he was concerned with the tree cutting by Clark & Mott and opening up land he knew he should not be working on. He recommended that within sixty days Mr. Venincasa let us
know a firm date, no other work is to be done, and at the end of the date certain a cease and desist will be issued. A cease and desist will be issued sooner if any work is started.
Mr. Venincasa was also asked about gravel being taken to West Boylston. He said he had gravel taken off and brought to Shrewsbury. The commission received an anonymous complaint that gravel was being taken from Compass Pointe to West Boylston (the caller followed the trucks). Mr. Venincasa was asked if he had an Earth Removal Permit. He said the Earth Removal Board said he did not need one if he was working on a building lot.
Newton Pond Update – Tabled to next month.
Consider issuing a Certificate of Compliance to DEP #115-335 (18 Boulder Way) Michael Holyoak (Amended Order of Conditions) – The site was visited and the members had no outstanding issues. Joe McGrath made a motion to issue a Certificate of Compliance to Michael Holyoak for DEP#115-335 (18 Boulder Way); Charlene Franz seconded; Mark Coakley, Joe McGrath and Charlene Franz agreed; Jeff Walsh abstained from voting.
An email request for a one-year extension was received from Bill Maher (Nitsch Engineering) regarding Tahanto. An extension is not needed since it falls under the Permit Extension Act and is valid until 2014.
An email was received from Andrew Liston regarding Worcester Sand and Gravel. He apologized for not being able to attend or file for tonight’s meeting, but they will be ready for next month.
The budget was discussed. Stormwater will need $10,000.
Mike May did not supply the Route 140 power point presentation along with the Business Marketing Committee meeting minutes. Jeff Walsh will contact him and will also let him know he will be the Commission’s designee. Joe McGrath volunteered to attend when Jeff could not.
January 27, 2014 was confirmed at the next meeting date.
A motion was made at 9:15 p.m. to adjourn by Mark Coakley; seconded by Jeff Walsh, and passed unanimously.
| 
