Approved Feb. 5, 2004
CITY OF MARLBOROUGH
CONSERVATION COMMISSION
MINUTES
December 18, 2003
Memorial Hall, 3rd Floor, City Hall
Members Present: Edward Clancy-Chairman, David Williams, Lawrence Roy, Donald Rider, Jr., John Skarin, , Priscilla Ryder-Conservation Officer
Absent: Allan White, Dennis Demers
Public Hearings
Request for Determination of Applicability
MassHighway Dept. – Ann Sullivan
Ms. Sullivan was present representing MHD. They are proposing to mill and resurface I-290 from the Northborough line to the I-495 interchange, including the ramps. They will be resetting slopes, drainage structures, guardrail, and adding new berms and guardrail. The work is expected to begin in the spring of 2004. The Commission requested information about where the milled materials will be stockpiled since much material has already been stockpiled at the interchange between I-290 and the connector road. After some discussion the Commission voted 5-0 to issue a negative determination with conditions that : 1. There will be no stockpiling of material within the 495 interchange, 2. Notify the Conservation Officer when work is to begin, 3. Install haybales
and silt fence along areas near wetlands.
Notice of Intent (Continuation of Public Hearing)
120 Bartlett St. – RAM Management Co., Inc.
The applicants were not present. The Commission closed the hearing and reviewed the Draft Order of Conditions. The Commission made some changes to conditions #36 and #38. The Commission voted 5-0 to issue the Order of Conditions as drafted and amended.
Notice of Intent (Continuation of Public Hearing)
Maple St. (next to Fire Station) – Eugene Mongeau
Chris Deloge of Whitman and Bingham Associates was present and explained that they had done some test pits on Friday, December 12th and found that the ground water was two feet below the surface. Therefore, they have redesigned the basin to a larger, but shallower basin, so that it sits two feet above the groundwater elevation. The swale has been improved and will have riprap all the way to the stream channel. The Commission asked that the discharge point on the bank of the stream be checked to ensure it will not erode. Also since the site has had a hazardous waste cleanup recently performed, a letter from the LSP is required to confirm that the work proposed is in compliance with the cleanup plan. In addition, the Commission required that the City Engineer
review the plans and provide comments back to the Commission confirming that the detention basin design is adequate and meets the storm water policy. The hearing was continued to January 8, 2004.
Request for Determination of Applicability (Continuation of Public Hearing)
481 Bigelow St. – Henry Garcia
This application was withdrawn and replaced with a Notice of Intent since the house plans have changed.
Notice of Intent
481 Bigelow St. - Henry Garcia
Tom DiPersio of Thomas Land Surveyors represented Mr. Garcia who was also present. The homeowner will live in the existing octagonal house until the new house on this lot is constructed. Judy Smith flagged the wetland on this property. Ms. Ryder indicated that she had checked the flags and they are accurately placed. Mr. DiPersio explained that the lot is within the city’s Water Supply Protection District and they have designed the project so that all work stays outside the 50 foot no disturbance zone as required. All erosion controls are placed at or above the 50-foot buffer zone. Some ledge has been encountered on the site, so some blasting will be required. After some discussion the Commission agreed that the plan could be approved and closed the
hearing. A draft Order of Conditions will be reviewed at the next meeting on January 8, 2004.
Certificates of Compliance
§ DEP 212-605 – Danjou Dr. – Crystal Ridge Realty Trust – Expired Order
The Commission voted 5-0 to issue a Full Certificate of Compliance noting this is an expired Order of Conditions.
§ DEP 212-839 Danjou Dr. – Crystal Ridge Estates
The Commission voted 5-0 to issue a partial Certificate of Compliance for Lot 8 only. This lot is not near wetlands and this order should not have been bound to this property as it relates to the roadway and drainage only.
§ DEP 212-685 – Water’s Edge Subdivision
The Commission determined that because of the problems with Mr. Ansari’s other subdivision, Sterling Woods, they would like a written confirmation from the City's Engineering Dept. that this subdivision is in compliance with all requirements before the Conservation Commission signs off.
Extension Permits
§ DEP 212-832 - 435 Lakeside Avenue
Attorney Doug Rowe explained that the lot is being sold again and the work proposed under this Order of Conditions has never been started. He indicated that he expects the new owners will either amend the Order to adjust some lot lines or file for a new permit. He is asking for a one-year extension for this project. The lot line changes, for which they will likely seek an amendment will relate to the open space parcel, changing it from a 2.8 acre parcel to a 2.55 acre parcel, but will still protect the land across the street. The Commission voted 5-0 to issue a one-year extension for this project.
§ DEP 212-733 – Slocumb Lane Subdivision
Don Seaburg of Benchmark Engineering representing Fafard Real Estate explained that the work on the roadway began several months ago. The retaining wall and the first 500 feet of roadway are under construction. They are requesting a three-year extension so this work can be completed. The Commission voted 5-0 to issue a three-year extension permit as requested.
Discussion
§ Enforcement Order – Aggregate Industries – Donald Lynch Blvd. The Commission reviewed the Enforcement Order, which was issued on 12-5-04, and voted 5-0 to ratify the Enforcement Order as issued.
§ Letter from Aggregate Industries dated 12-10-03. The Commission reviewed the letter from Aggregate industries, which explained that they will comply with the Enforcement Order and not perform any stone washing until this issue has been resolved. The Commission also requested that a letter be sent requesting a response from Aggregate industries by January 22, 2004 confirming that a plan will be submitted to the Commission on or before March 31st as noted in their letter. Ms. Ryder will send the letter.
§ Violation Notice – 515 Pleasant St. DEP 212-880 - The Commission noted that several members had observed that Mr. O’Malley is not following the construction sequencing plan for this project, and that the Commission has not received confirmation about the abandoned drain pipe. The Commission requested that Ms. Ryder send a letter and violation notice on their behalf outlining the items, that are in violation and require compliance as soon as possible.
§ DEP 212-802 - Fitchburg St. Road A. - The Commission received an e-mail dated 12-18-03 from James Mongeau and a memo from Bruce Saluk dated 12-15-03 regarding the detention basin. The Commission determined that a letter should be sent to Bruce Saluk providing a deadline of March 18, 2004 for the plans to be submitted for the detention basin repair. The Commission also noted that the solution to correcting the detention basin leak is one that the engineering department will need to review and approve before the applicant submits a plan to the Commission. Therefore, the applicant will need to get the engineering departments approval prior to the
March 18st deadline. A letter will be sent.
§ The city has a new web site, which includes a page with Conservation Commission information. The web site address is www.marlborough-ma.gov The Commission was asked to review it and make comments if changes are needed.
§ There will be a public hearing on the Easterly Waste Water Treatment Plant NPDES draft permit on January 14, 2004 at 7:15 PM at the District Education Office on Washington St.
Adjournment
There being no further business, the meeting was adjourned at 8:30 PM
Respectfully submitted,
Priscilla Ryder
Priscilla Ryder
Conservation Officer
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