CITY OF MARLBOROUGH
CONSERVATION COMMISSION
MINUTES
November 13, 2003
Memorial Hall, 3rd Floor, City Hall
Members Present: Edward Clancy-Chairman, David Williams, Allan White, Lawrence Roy, Donald Rider, Jr., John Skarin, Priscilla Ryder-Conservation Officer
Absent: Dennis Demers
Public Hearings
Abbreviated Notice of Intent
57 Cullinane Dr. – Brian Elder
Mr. Elder presented a plan to add an addition to his house. The addition will extend out to about where the existing deck is and will be 17’ x 18’ in size. It will have a full foundation. All excavated materials are to be removed from the site. No dewatering is anticipated and the work is well away from the water’s edge. The Commission voted 6-0 to accept the plans as presented and to issue a standard order of conditions.
Notice of Intent
359 Littlefield Ln. - William Howard
William Howard, the homeowner, presented a plan to install an inground pool at his house at 359 Littlefield Ln. Sanford Ecological Services had come out to re-flag the wetland, which had been flagged 8 years before when the house was built. McCarthy pools will be installing the pool and they will be using a stone filter. Some grading and walls will be installed around the driveway and yard to support the pool installation. It is likely, given the proximity of the wetland, that dewatering will be needed in this location and some type of dewatering/filtering system will be needed during construction to protect the wetland. All excavated materials are to be removed from the site. The Commission voted 6-0 to issue a standard Order of Conditions with special conditions
relative to dewatering, re-flagging the wetland to move it closer to the house by 5 feet and moving the entire pool structure at least 5 feet away from the wetland area.
Abbreviated Notice of Intent
479 Farm Rd. - Carlos Coelho
Ed Clancy explained that the garage had been constructed without any permits next to Mowry Brook. He read a letter from Steve Reid dated 11-13-03 which had just been received which required the removal of this illegally built garage. Mr. Clancy explained to Mr. Coelho that he had two choices, either to withdraw his plans at this point and remove the building, or to continue the hearing until such time as a new plan with a new location is provided and reopen the hearing. Mr. Coelho decided to withdraw his filling and will re-file a new plan when he determines what he is able to build based on discussions with the building inspector. The Commission unanimously accepted the withdrawal of this application.
Notice of Intent
120 Bartlett St. - RAM Management Co. Inc.
Bradlee Mezquita of Appledo’r Engineering, Arthur Allen of EcoTech and Brian Gagne of RAM were present at the meeting. Mr. Mezquita provided an overview of the project showing the existing conditions plan and the proposed changes, which were shown on a revised plan dated 11-13-03. The majority of the changes are on the Northborough side of the project. The plan proposed to add additional parking to this lot and divide the building into three separate units. The plan requires the filling of a small amount of wetlands and a wetland replication area. It also provides water quality improvements by installing a drainage system for the entire parking area and two water quality units.
Arthur Allen reviewed the wetland impact area, which was just restored under a previous Order of Conditions. This area will be replicated as shown on the plan next to the existing ponding area. Ms. Ryder indicated that a change to this location may be necessary to provide a better hydrologic connection with the wetland area. Mr. Clancy indicated that the Commission is waiting for comments on the drainage design from the City Engineering office before a final decision can be provided. Mr. Mezquita indicated that he had used previous drainage calculations done for this property, and noted that the detention basin does provide some infiltration, given that there is no evidence of scouring or erosion.
With the applicants consent the hearing was continued to the December 4th, 2003meeting.
Request for Determination of Applicability (Continuation of hearing)
481 Bigelow St.- Henry Garcia
The applicant or a representative was not present. The hearing was continued to the Dec. 4th 2003 meeting.
Notice of Intent (re-hearing) DEP 212-802
Fitchburg St. – Metropark Corp. vs. James & Maureen Mongeau
(Note: A stenographer Simonne J. Elwood of Neal A. Salloway Court Reporters was present to take all testimony. A copy of the stenographer’s transcripts for this meeting will be in the file DEP 212-802). Below is a brief summary of what occurred during this hearing, please see the detailed stenographer's report for more information.
Mr. Clancy opened the hearing and read the hearing notice. Present were Attorney Mark O’Connor, James and Maureen Mongeau, and Mr. Alton Stone an engineer, all represented the Mongeau's. Mr. Jon Deli Prescoli, Mr. Bruce Saluk an engineer, Mr. Brian Butler of Oxbow Associates and Attorney Peter Mirageas were present on behalf of the applicant Mr. Deli Prescoli.
Attorney Mark O’Connor the attorney for Mr. & Mrs. Mongeau explained that the original hearing notice had not been given to Mr. Mongeau. The court Judge had required that the hearing be reopened to provide Mr. Mongeau the chance to listen to the project as presented during the first hearing and provide his input. Mr. Clancy explained that this hearing must be conducted as if nothing had been built at Crowley Dr. Everyone must imagine that the project has never started and the area is now woodland. Mr. Alden Stone, a civil engineer representing Mr. Mongeau provided a 13-page summary of the issues he is presenting on behalf of Mr. Mongeau based on his review of the project and the Notice of Intent submitted. Mr. Clancy then explained that he would prefer to hear from
the applicants first, then Mr. Mongeau and his team would have a chance to respond.
Jon Deli Priscoli the project owner, introduced his consultants, Bruce Saluk of Bruce Saluk and Associates, Attorney Peter Mirageas, and Brian Butler of Oxbow Associates. Attorney Mirageas explained that his understanding of the Judge's order was to place the Mongeaus in the same place as in July 2000. Mr. Mongeau was not notified of the July 2000 hearing and the Judge has now declared that he should have this opportunity to be heard.
Mr. Deli Priscoli explained that he has been the owner of Metropark since 1997. He provided some history of his ownership of the lot, which he purchased from Eugene Mongeau. When he filed the NOI with the Commission in 2000, the abutter list and city maps had not yet been updated so that James Mongeau was not listed on the list of abutters and therefore, not notified. He explained that the lawsuit has brought this issue back to the commission.
Bruce Saluk presented a plan dated December 16, 1998 revised to 6-26-00 sheets 3 and 4 of 6, which shows the construction of the proposed roadway. The road is designed to accept future development on the old MBTA Right of Way now owned by the City of Marlborough. It will be a private roadway with drainage and utilities and will also include a bicycle path. The roadway will drain to the proposed detention basin. A drainage report was provided which shows the pre and post development flows for this project. The detention basins will reduce the runoff rates by as much as 25%. The storm water management report is dated April 2000. In all cases the cubic feet per second (CFS) for each storm is reduced. Bruce Saluk explained that DEP allows an increase in volume,
but not an increase in peak flows.
In addition, there was 25 sq.ft. of wetland along a ditched area which was determined not to be jurisdictional and therefore, did not require replication.
Alton Stone an Engineer from Hydro Environmental Technologies Inc. representing Mr. Mongeau had reviewed the plans prior to the meeting and summarized his comments in a letter dated November 13, 2003. Their position is that the NOI does not adequately meet the Wetland Protection Act requirements. The entire project should be reviewed by a third party to provide input to the Conservation Commission. He outlined the issues requiring action as noted in detail in the above referenced letter.
Attorney Mirageas explained that the information provided by Mr. Stone references issues, that have occurred since the July 2002 hearing and should not be permitted in this discussion. No post construction issues are to be reviewed during this re-hearing. Mr. Stone indicated that he would amend the document accordingly and resubmit the package to the Commission and the applicant.
Attorney O’Connor asked if Mr. Mongeau’s property can absorb the amount of water proposed to be dumped on it. If constructed as designed will it flood more. Mr. Saluk indicated no he did not think so. Bruce Saluk explained graphically the decrease in the rate of flow.
Brian Butler indicated that the culvert at old Fitchburg Rd. is constricting the outlet and ponding water at a greater duration. The culvert is on city owned land and is in disrepair. Bruce Saluk explained that the repair of the culvert would allow for more water to flow through.
Attorney O’Connor indicated that regardless of the peak rate how would it affect Mr. Mongeau’s property? What will be the affect on Mr. Mongeau’s septic system? How can “you “ tell the Commission this will have no affect if you haven’t done any testing?
A lengthy discussion followed about how the calculations were developed; Mr. Saluk went over each point made by Mr. Alton. In the end, the Commission requested Mr. Alton to provide a new report which references only items pertinent to the July 2000 hearing. This will be provided to all parties by Monday, Nov. 17th. Mr. Saluk was requested to respond to Mr. Alton’s document in writing to be presented to the Commission prior to the next hearing.
With the applicants consent the hearing was continued to December 4, 2003.
Certificates of Compliance
§ DEP 212-747 Lot 9 (#632) Stow Rd. Orchard Estates III – This project has met all the requirements of the Order of Conditions. The Commission voted 6-0 to issue a Full Certificate of Compliance.
§ DEP 212-370 Orchard Estates III Expired Order of Conditions – This order has expired, but is still attached to the deeds for this subdivision. The Commission voted 6-0 to issue a Full Certificate of Compliance noting that this order has expired.
§ DEP 212-685 Water’s Edge Subdivision – The Commission indicated they wanted to walk the site before issuing this Certificate and continued this item to the next meeting on Dec. 4, 2003.
§ DEP 212-877 T & T Commercial site – The Shops at the Pond- Donald Lynch Blvd. John Twohig and Arthur Towne representing the developer were present. The As-Built plan for this project was delivered this evening. The other documentation required for a Certificate of Compliance have already been provided. Arthur Towne indicated that the detention basin has been observed recharging the groundwater, which is a benefit. The Commission voted 6-0 to issue a full Certificate of Compliance for this project.
§ DEP 212- Lot 2 Brigham St.- Michael O’Malley has requested a full Certificate of Compliance for this lot, and requested that the Commission approve the open space deed language. The Commission indicated they wanted to check the site, and continued this item to the next meeting.
Discussion/Correspondence:
§ Town of Hanover – Generic Permit for small projects – this item will be discussed at a later date.
§ Memo from VHB dated Nov. 5, 2003 RE: Wetland Replication Area Relocation, Sewer Line Crossing, and Hayes Memorial Dr. DEP 212-903 – The Commission voted unanimously to accept and place on file.
Adjournment
There being no further business, the meeting was adjourned at 10:45 P.M.
Respectfully submitted,
Priscilla Ryder
Conservation Officer
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