Accepted at the February 5, 2004 meeting
CITY OF MARLBOROUGH
CONSERVATION COMMISSION
MINUTES
December 4, 2003
Memorial Hall, 3rd Floor, City Hall
Members Present: Edward Clancy-Chairman, David Williams, Lawrence Roy, Donald Rider, Jr., John Skarin, Dennis Demers, Priscilla Ryder-Conservation Officer
Absent: Allan White
Approval of Minutes - Minutes of September 18, October 2, and October 16, 2003 were unanimously accepted as written.
Public Hearings
Request for Determination of Applicability
43 Miele Rd. - Gunther Baburine
Mr. Baburine requested permission to install a 10 x 12 shed, which would be located 8 feet away from the 20-foot wetland buffer zone. Ms. Ryder indicated that the pad for the shed has already been cleared and appears to be as shown on the plan. The Commission closed the hearing and voted 5-0 to issue a negative determination with conditions requiring pre and post construction inspections by the Conservation Officer. (Dave Williams had not yet arrived)
Request for Determination of Applicability (Continuation of Public Hearing)
488 Farm Rd. - Lisa Lauar
The owner, Lisa Lauar, was not present, but the Commission discussed the results of the site visit, which was held on Sat. Nov. 15, 2003. All proposed work is within the Riverfront Area of Mowry Brook. The Commission has determined that only the following trees may be removed from this property and that the following conditions must apply:
1) One large oak tree, located behind the house, whose roots were scalloped and damaged during the backyard excavation, should be removed. The stump may not be pulled, it may be ground in place or left in place.
2) Only One large willow between the bank of the brook and the house may be removed. However, the stump may not be pulled, it may be ground in place or left in place, as it is providing some bank stability. No other trees along the bank of the brook are to be removed. They provide important bank stabilization and habitat value.
3) Two 6” diameter pine trees located next to the new driveway may be removed. No other trees on the property may be removed without a permit from the conservation Commission.
4) Additional silt fencing and haybales must be placed along the edge of the brook 10 feet above the bank, in order to control any silty runoff into the brook during the winter and spring, until the site has been stabilized with vegetation. This shall be done as soon as possible. The Conservation Officer shall be called as soon as this is in place for an inspection. The erosion controls in place now are too close to the brook, and will likely wash away during spring floods.
5) The yard work proposed shall be completed and stabilized by May 1, 2004.
6) A site inspection is required on or before May 1st to be in compliance with this permit. Should there be a delay due to weather conditions, the applicant must provide notice to the Commission prior to May 1, 2004 explaining the situation.
7) Failure to follow the above conditions will be a violation of this permit and will require additional enforcement action.
The Commission voted 6-0 to issue a Negative Determination with the above noted conditions.
Request for Determination of Applicability (Continuation of Public Hearing)
Maple St. – Eugene Mongeau
At the applicant’s request this item was continued to the December 18, 2003 meeting.
Request for Determination of Applicability
Donald Lynch Blvd. (in the road right-of-way) – Teleport Communications Boston
This request was withdrawn by the applicant prior to this hearing.
Notice of Intent (Continuation of Public Hearing)
120 Bartlett St. – RAM Management Co., Inc.
Bradlee Mezquita of Apple D’ore Engineering, Brian Ganges of RAM and Arthur Allen of Eco Tech were all present. They provided the Commission with a revised plan and explained the changes, which included: 1. A shift to the wetland replication area as required, 2. Additional drainage at the front of the building, 3. Addition of water quality inlets of two different types based on the volume. The Commission discussed some additional conditions regarding construction sequencing and on-going storm water maintenance plans. The Commission accepted the plans and wanted to get feed back from the city's engineering dept. prior to closing the hearing. The hearing was continued to the December 18th meeting with the expectation that a draft Order of
Conditions would be reviewed at that meeting. The applicant agreed.
Request for Determination of Applicability (Continuation of Public Hearing)
481 Bigelow St. – Henry Garcia
The applicant or a representative was not present. The Commission continued this hearing to the December 18, 2003 meeting.
Notice of Intent (re-hearing) - Continuation of Public Hearing
Fitchburg St. – Metorpark Corp. vs. James & Maureen Mongeau.
At the applicant’s request this hearing was continued to the January 22, 2004 meeting.
Certificates of Compliance
(Dave Williams was not present for these votes)
§ DEP 212-203 255 Littlefield Lane – the Commission voted 5-0 to issue a partial Certificate of Compliance for this lot.
§ DEP 212-518 255 Littlefield Lane – the lawyers have indicated that the original Certificate for this Order was never recorded. The Commission voted 5-0 to reissue a full Certificate of Compliance for this lot.
§ DEP 212-685 Water’s Edge Subdivision – Steven’s St. The Commission had not had a chance to walk this subdivision and continued this to the next meeting.
§ DEP 212-799 Lot 2 Brigham St. – The Commission voted 5-0 to issue a full Certificate of Compliance for this project.
§ DEP 212-752 44 O’Leary Rd. – The Commission voted 5-0 to issue a full Certificate of Compliance for this project. The wetland replication area has been established per the Order of Conditions.
§ DEP 212- 561 St. Mark’s Boathouse – The Commission voted 5-0 to issue a full Certificate of Compliance for this project, which was completed many years ago.
§ DEP 212-258 222 Robert Rd. (Lot 18) – The Commission voted 5-0 to issue a partial Certificate of Compliance for this lot, which was near any wetland in the Country Club Estates subdivision.
Discussion
§ Letter for Hannigan Engineering – Marc Belanger, dated Nov. 14, 2003 RE: Dry Well at Pleasant Gardens – DEP 212-880 – 515 Pleasant St.- The Commission requested that Ms. Ryder discuss this issue with the city's engineering dept. to determine if elimination of the dry wells is acceptable.
§ Lot 2 Brigham St. - Open Space acceptance - The Commission voted unanimously to accept the Open Space Parcel of Land for conservation purposes, which is to be deeded to the City as part of the Open Space Development Special Permit issued by the Planning Board.
Correspondence
The Commission voted to accept and place the following correspondence on file:
§ Letter from Jennifer Soper, dated Nov. 13, 2003 RE: Open Space & Recreation Plan acceptance.
§ Letter from Hillside School, David Wood, dated Nov. 20, 2003 Annual report RE: Order of Conditions for Hillside School, Inc. Septic System Robin Hill St. (DEP 212-852)
§ “Outline of Issues and Required Actions” prepared by Hydro Environmental Technologies, Inc. Prepared for Mr. & Mrs. Mongeau- DEP 212-802 Metropark Corp. Road “A” Fitchburg St. area dated November 17, 2003.
Adjournment
There being no further business the meeting was adjourned at 8:20 PM.
Respectfully submitted,
Priscilla Ryder
Conservation Officer
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