Minutes of Meeting
January 28, 2010
To: Town Clerk
cc: CRWA
Members
File
Present: J. Fournier, J. Senterman, A. Tolland, R. Willis, C. Botchis, M. Allen, J. Livingstone N. Alfieri, Conservation Agent
There was a motion to accept the minutes of the December 10th, 2009 meeting. The motion was seconded and accepted with a vote of 7-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Mr. Alfieri informed the Commission members that he has received a request from Ms. Sharon Cushing, NSTAR representative, regarding the work to be conducted on the right-of-way off Elm and Pond Street. Due to unforeseen circumstances, she informed Mr. Alfieri that the work will have to be done in the Spring. She is seeking approval to conduct the work in the spring on the power easement.
There was a motion to remove the condition on the NSTAR Negative Determination that the work be done in the winter and allow the work to be done in the Spring. The motion was seconded and accepted with a vote of 4-3-0; 4 Yes, 3 No, 0 Abstentions.
Discussion – BJ’s Wholesale Club Well Testing – National Development
Mr. Ted Tye, a representative of National Development, and Ms. Susan Bader, a representative of GZA GeoEnvironmental, both appeared before the Commission for a discussion regarding monitor well testing at the BJ’s site. Mr. Tye stated that he is the property owner which is located in Forge Park and Ms. Bader represents BJ’s, who is the tenant of the site.
Mr. Tye informed the Commission members that there is an Order of Conditions for the gas station on the BJ’s site, which was issued in 2002. A condition in this Order of Conditions required the submission of bi-annual monitoring reports to the Commission and these reports were done through 2006. There was a spill on the site unrelated to the gas station that required compliance with Mass DEP regulations and this was done and a report dated April 2008 was submitted. The bi-annual reports that were required in the Orders of Conditions were not filed.
Mr. Tye asked the Commission what they would like National Development to do to get the site back in compliance with the Orders of Conditions.
Mr. Alfieri recommended to the Commission that they request that Mr. Tye have the well testing start up again and continue from the present time into the future which would be the filing of bi-annual reports.
A Commission member stated that the reason for the Commission requesting this well testing in the Orders of Conditions is that the site is adjacent to Mine Brook, a major stream in Franklin, and there is a drinking water well downstream.
Another Commission member asked Ms. Bader if there is any data or graphs included which depict a year-to-year comparison. The answer was in the negative; it was lab data only.
The Commission Chairman stated that he sees no reason to alter the requirements of the original Orders of Conditions.
Mr. Tye informed the Commission that they will continue with the semi-annual well monitoring; it will start back up and continue into the future under the current Orders of Conditions. The next submission will be in the Spring.
Mr. Alfieri stated that he would like the applicant to generate a graph from previous years so that a trend line can be seen in order to obtain a better understanding of what is happening on the site.
Mr. Tye was in agreement with this request. Mr. Alfieri informed Mr. Tye and Ms. Bader that he will follow up with a letter confirming this matter in writing.
Public Hearing – Amendment Request to Orders of Conditions - 6 Longwalk Road – Christopher Palladini - SE159-557
Mr. Gregory Bunavicz, Engineer of Borderland Engineering, and Mr. Chris Palladini, the applicant, both appeared before the Commission for the construction of a single-family house in Longwalk Estates.
Mr. Bunavicz informed the Commission members that this project is for an Amendment to an Order of Conditions. The current Order of Conditions was issued in 1997 and since then it has been accordingly updated and is current.
The existing lot is 2.8 acres and approximatey 41,000 sq. ft. is dry area. The lot is terraced near the street and in the rear gently slopes to the wetland. The wetland was recently flagged by Judy Schmitz, a wetland scientist, last January.
The original house that was proposed in the original filing in 1997 was 35 ft. from the wetland at the closest point. The house that is now being proposed is the same distance from the wetland as well.
The new house is slightly increased in size from the house proposed in the original Notice of Intent in 1997.
The rain gardens are proposed to help recharge and reduce runoff and provide mitigation to the buffer zone.
There is also a planting schedule with suggested plantings and trees; with a total of 26 different shrubs and trees. The trees will be planted at least 20 ft. from the house.
Mr. Bunavicz stated that there is a disturbance and mitigation summary included in the package. There is no disturbance proposed in the 0-25 ft. buffer zone. There are 6 bounds proposed to delineate the limit of disturbance along the erosion control line.
There are several recharge units for roof drains proposed in the plan. There will be no use of chemical fertilizers allowed on the site; only organic fertilizers.
There will only be composite decking materials to be used for the deck; the frame will have to be constructed of pressure-treated posts.
There will be a stockpile area proposed in the front of the house outside of the 100 ft. buffer zone.
The position of the house will be rotated in order to pull it further away from the wetland.
Mr. Alfieri informed the applicant of 5 items which need to be addressed in this Amendment Request filing.
Mr. Alfieri recommend that the Commission conduct a site walk of the property and continue the public hearing.
A Commission member questioned as to whether this filing is only being held under the State Act and not the Town Bylaw. It was also questioned if the Commission amends the Orders of Conditions would the conditions change? Mr. Alfieri stated that it would not change the terms of the Orders of Conditions.
The Commission Chairman questioned if the applicant has explored any other alternatives for the site.
The Commission will conduct a site walk on Saturday, February 6th at 10 a.m.
Ms. Sue Fleck, an abutter of 47 Daniels Street, questioned as to the monitoring of the type of fertilizers that will be used on the site.
There was a motion to continue the public hearing until February 11th. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – 30 Stonehedge Rd/The Woodlands – Scituate Federal Savings Bank – CE159-990
Mr. Jim Susi, Engineer of United Consultants, appeared before the Commission for the construction of a single-family house in The Woodlands. Mr. Susi stated that revised plans have recently been submitted to the Conservation Department.
Mr. Alfieri stated that he has reviewed these plans and informed the Commission members that all of the concerns that the Commission members expressed at the recent site walk have been addressed by the applicant and that he has no comments. He also stated that he has not had an opportunity to compile a list of special conditions to be added to the Orders of Conditions in order that they may be agreed upon with the applicant prior to closing the hearing.
There was a motion to continue the hearing until February 11th. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 8:15 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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