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09/04/2013
CONSERVATION COMMISSION
September 4, 2013
7:00 p.m.
1130 Main Street
Holden Senior Center

Members Present:        
Anthony Costello, Robert Lowell Luke, Boucher, Kenneth Strom, Matthew Kennedy, Michael Scott

Members Absent: 
Michael Krikonis

Staff Present:          
Pamela Harding, Conservation Agent
                        
Others: 
Mark Orrico; Ed Jardus; David Getman; Kevin Floyd; Anne and Rob DelMastro; George Kiritsy; Chris Kennan; Paul Horstman;  Stephen Lane, Winter Ridge
Development; Paula Thompson, Waterman Design; Paul McManus, EcoTec.

Matthew Kennedy opened the meeting at 7:00 p.m.  

7:00 p.m NOTICE OF INTENT – DEP File #183-572 OAK HILL DEFINITIVE SUBDIVISION Winter Ridge Limited Partnership – Anthony Costello recused himself.  Paula Thompson, Waterman Design discussed revisions to the plans.  At the request of the Department of Public Works, retaining walls were significantly reduced by increasing the culvert lengths, outflows were relocated from fill around the perimeter of the detention ponds.  The existing portion of Stanjoy Road will be paved to a 20’ width and the extension of Stanjoy will be designated for one-way traffice with a narrower width of 18’.  Along the perimeter of Stanjoy a grass swale with stone check dams will be installed with a deep sump catch basin and a particle separator.  Site preparation notes were added, requiring the retention of native soil at the base of the basins until the site is stabilized, access easements for basins 301 and 401 have a 15% grade, and stormwater treatment units were relocated closer to the right of way for truck accessibility. The plans detail the erosion control barrier with haybales backing the silt fence, but the application will install the barrier however the Commission likes.  The fill on the side of the basins contain 3:1 slopes and Ms. Thompson informed the Commission DPW requested a high poly fabric be added to the sides of the fill slopes to prevent breakout, the Commission did not feel it was necessary because impermeable material was utilized however, were no opposed to it.  Rob Lowell Made a motion to close the hearing, Luke Boucher seconded the motion, all were in favor, 5-0.  Robert Lowell made a motion to approve the plans with the standard order of conditions and a special condition that additional erosion control measures may be required following inspection by the Commission or the Agent.  This Condition was also added to the standard order of conditions.  Luke Boucher seconded the motion,  5-0 all were in favor.  

Michael Scott arrived at 7:30 p.m.

EXTENSION OF TIME – Fisher Terrace    Fisher Terrace, LLC DEP File #183-459.  A site visit was conducted by the agent, the site was in satisfactory condition and in agreement with a report submitted by the Applicants wetland scientist.  Kenneth Strom made a motion to grant an Extension of Time for one year, Luke Boucher seconded the motion, all were in favor, 6-0.

REQUEST FOR DETERMINATION OF APPLICABILITY 86 Greenwood Parkway – Kevin and Robyn Floyd - Yard expansion – There was a Certificate of Compliance issued for the construction of this home.  The Applicant has filed a Request for Determination of Applicability for expansion of the rear yard to the 25’ buffer from the bordering vegetated wetland.   Robert Lowell made a motion to issue a negative request with the conditions that a new boulder demarcation be placed 25’ from the wetland,  erosion controls must be installed, and the limit of clearing must be inspection prior to work commencing.  Kenneth Strom seconded the motion; all were in favor 6-0.

NOTICE OF INTENT – BREWER WAY -183-577 Construction of Single Family Home – Horstman Construction – This home had a previous Order of Conditions which expired.  The Applicant is proposing to construct a single family home within 100’ of the wetland, there is a 25’ no disturb zone.  Robert Lowell inspected the site, it does not appear the wetland boundaries have changed since the 2004 filing.  Robert Lowell made a motion to issue a standard order of conditions, with a special condition that a permanent demarcation be placed at the 25’ line and a 2' deep pit be installed which provides the same volume as the proposed 3' pit,  the shallower pit will allow for separation to groundwater.  Luke Boucher seconded the motion, all were in favor 6-0.  

NOTICE OF INTENT  183-576 NEWELL ROAD – Ridgemont Properties – Single Family Home
Chris Keenan from Quinn Engineering was present.  The applicant is proposing a common driveway and the construction of two single family homes within the 100’ buffer zone of a bordering vegetated wetland.   The property contains regulated Zone A tributaries, which prohibits the use of structural BMP’s.  The soils are canton.  Anthony Costello walked the site and thought the flagging looked accurate.  The driveway was pitched towards the wetland.  Kenneth Strom made a motion to close the hearing, Michael Scott seconded the motion, all were in favor 6-0.  Michael Scott made a  motion to issue a standard order of conditions with a special condition that a permanent demarcation be placed at the 25’ no disturb line from wetland Flag A23 to Flag A37, Rob Lowell Seconded the motion, all were in favor, 6-0.  

NOTICE OF INTENT 183-575 20 ANN STREET – Del Mastro Construction of an Inground Swimming Pool – The applicant is proposing to install an in-ground swimming pool in an existing cleared backyard.  A site visit report from Michael Krikonis was read.  The Applicant was asked what the source was for the outlet of an existing pipe which discharges into the wetland by the rock wall.  The owner was not positive of the source but suspected it was a discharge for a perimeter drain/sump pump.  Robert Lowell made a motion to close the hearing, Michael Scott seconded the motion.  Robert Lowell made a motion to issue a standard order of conditions with a special condition that pool water could not be discharged into or toward the wetland system, Luke Boucher, seconded the motion, all were in favor, 6-0.
                        
CERTIFICATE OF COMPLIANCE – DEP File # 183-332 131 Autumn Circle (Lot 28AR)  - Construction of Single Family Home – The Applicant constructed a shed within the wetland and requested the Commission reconsider, presenting pictures of the property where an existing swing was located by a previous owner and arguing that a permit was issued by the Building Department.  The Commission unanimously agreed that a Certificate of Compliance could not be issued for a project with the shed within the wetlands.                                                                                                                                             
                                
CERTIFICATE OF COMPLIANCE – DEP File # 183-560 75-79 Reservoir Street – Val’s Restaurant  The construction was not conducted in accordance with the approved plans so the Applicant must present as-builts or amend the construction.  Kenneth Strom made a motion to deny the Certificate of Compliance, Luke Boucher seconded the motion, all were in agreement, 6-0.  

CERTIFICATE OF COMPLIANCE – Vista Circle Highlands of Holden DEP File #183-498  The subdivision was completed and the as-builts and stormwater were approved by the Department of Public Works, the roadways were accepted at the 2013 Town Meeting.  .  Michael Scott made a motion to issue the Certificate of Compliance,  Robert Lowell seconded the motion, all were in favor, 6-0.

ORDER OF CONDITIONS – DEP File #183-381  REVISED PLANS LOT 13 - Chapin Road  The applicant submitted revised plans showing a larger footprint for the home and proposing a small retaining wall to allow for a walk out basement.  The revised plans were not closer to the wetland system.   Michael Scott made a motion to amend the existing Order to approve the revised plans, Anthony Costelllo seconded the motion, all were in favor, 6-0.  

AMENDMENT -  Order of Resource Area Delineation Quinapoxet Street - DEP File #183-570   Robert Lowell made a motion to approve the revised plans reflecting an additional flag that was conditioned in the original ORAD, Michael Scott seconded the motion, all were in favor, 6-0.

CERTIFICATE OF COMPLIANCE – DEP File #183-567 235 Main Street – Dream Home Builders – Single Family Home.  The site was inspected, there were no signs of erosion and the yard was stabilized.  Kenneth Strom made a motion to issue a Certificate of Compliance Robert Lowell seconded the motion, all were in favor, 6-0.  

CERTICATE OF COMPLIANCE – DEP File #183-403 108 Mill Street - Zukowski – Septic System Replacement.  The septic system installation was complete and the yard was stabilized.  Kenneth Strom made a motion to issue a Certificate of Compliance, Robert Lowell seconded the motion, all were in favor, 6-0.

AMENDMENT TO ORDER OF CONDITIONS – DEP File #183-543 Arizona Avenue Construction of Above Ground Pool, deck, portico.  The proposed pool was only 20’ from the wetlands and required the placement of fill to level the area, Kenneth Strom made a motion to deny the request for amendment and require the filing of a Notice of Intent, Michael Scott seconded the motion, all were in favor, 6-0.  


The next meeting is scheduled for May 1, 2013

The September 4, 2013 meeting minutes were approved on October 2, 2013.



______________________________________
Pamela Harding, Conservation Agent