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11/05/2008
ONSERVATION COMMISSION
November 5, 2008
7:00 PM
1130 Main Street
Holden Senior Center


MINUTES


Members Present: Robert Lowell, Michael Scott, Leonard Anderson, Ken Strom, and Anthony Costello

Members Absent: Matthew Kennedy

Staff Present: Pamela Harding

Others:  Mark Donahue

The meeting was called to order at 7:00 PM.

Notice of Intent - 315 Mason Rd. - Applicant is currently working with DEP on revisions to the septic system and requests a continuance until the next meeting.

Notice of Intent - Winterberry Hollow - M. Donahue was present. The applicant contacted the Department of Conservation and Recreation and left with a negative opinion on relocating the driveway entering the site from Newell Road to the easterly side of the development requiring a minimal wetland crossing but avoiding extremely large cuts and retaining wall. The applicant stated after receiving this opinion from DCR they have chosen to proceed with the plan as originally submitted. The applicant slightly relocated the detention pond from the cart path area.

P. McManus asked about access needed to conduct test boring on the slope.

D. Getman, DCR, sent a letter to the applicant and questioned the interior stream channel and the DEP regulations, which prohibit a discharge to a tributary in a Zone A water resource. The applicant does not agree with the determination of DCR. D. Getman previously had submitted a letter of determination from DEP confirming the interpretation during the filing of 2451 Main Street. R. Lowell stated if this is the correct interpretation of the Regulations then P. McManus and the applicant must identify the interior stream channels. DCR requested to be notified when interior stream channels are determined.

Conservation Commission requested P. McManus determine what work is located within 200' of a Zone A waterway.

The Commission requested the MACC be contacted to determine if this has become an issue with other  Conservation Commissions. The Commission requested the applicant work with P. Mcmanus and submits determination of the interpretation by the January meeting.

Notice of Intent - 34 Bancroft Road Amidio - Single Family Home -  Commission member L. Anderson recused himself from the hearing. Cullinan Engineering represented to the applicant. The lot formerly contained a single family home that was demolished and are proposing to construct a new single family home. The Commission requested a barrier be placed at the property boundary to prevent further intrusion into the wetland buffer zone. K. Strom made a motion to close the hearing. A. Costello seconded the motion. All were in favor.

Notice of Intent - 40 Sheffield Way N.E. Realty - Single Family Home Lot A - The applicant is proposing to construct a single family home within the 100' buffer zone of a bordering vegetated wetland. The wetland is located higher than the construction. P. Harding notified the Commission the subdivision was in poor condition but this lot is a different owner. A. Costello made a motion to close the hearing. R. Lowell seconded the motion. All were in favor. A. Costello made a motion to issue a standard Order of Conditions. R. Lowell seconded the motion. All were in favor.

Request for Determination - Riendeau - Rondeau Road - Lot 1 Septic System Installation - A. Stone represented the Applicant. The Applicant is proposing to replace a cesspool with a septic system. The BOH gave permission to conduct an emergency repair, but the Applicant chose to come to the Commission first. There was a vernal pool defined by the Local By-law located on the property that was not identified on the plan. A. Costello made a motion to close the public hearing. M. Scott seconded the motion. All were in favor. A. Costello made a motion to approve the plans with the condition that erosion control be install to protect the locally defined vernal pool.

Notice of Intent - Erickson - Rondeau Road - Tree Clearing - A. Stone represented the Applicant. The applicant is proposing to clear and grade the property; there are currently no building plans. A. Stone stated that he would be filing a Stormwater Pollution Prevention Plan. The area to be cleared is equal to 2.5 acres. P. Harding requested the Commission conduct a site visit.

Certificate of Compliance 200 Bailey Road - Kohlstrom DEP Fiel #183-43 and #183-46 - The Applicant has requested a Certificate of Compliance for previous orders related to the construction of a single family home constructed in the 1980's. L. Anderson voted to issue a Certificate of Compliance. K. Strom seconded the motion. All were in favor.

Enforcement Order 96 Malden Street - Yingjian Wang - K. Strom requested enforcement orders be forwarded to him and he will conduct a site visit and talk to the owner.

Certificate of Compliance - Wagner Meadows Lot 9 DEP File #183-434 - Withdrawn

Certificate of Compliance - Lot A 115 Moscow Road Bazzano - DEP File #183-296 - The applicant requested a certificate from an order of conditions issued for a single family home. P. Harding and R. Lowell inspected the site. The site is stabilized and no wetlands were impacted. K. Strom motioned to issue the Certificate of Compliance. L. Anderson seconded the motion. All were in favor.

Extension of Time - Lots 1 & 2 Reservoir Street Drawbridge DEP File # 183-449 #183-481 - Construction has not started on either lot, and the Orders of Conditions expires in late November. K. Strom voted to issue the extension of time for two years; L. Anderson seconded the motion. All were in favor.

The meeting was adjourned at 9:12 PM.
The next meeting is scheduled for December 3, 2008.

November 5, 2008 minutes approved: March 18, 2009

Teresa McIntyre, Recording Secretary