Accepted at the Dec. 4, 2003 meeting
Marlborough, MA
Conservation Commission
Minutes
October 2, 2003
Members present: Edward Clancy-Chairman, John Skarin, Lawrence Roy, David Williams, and Priscilla Ryder-Conservation Officer
Absent: Allan White, Donald V. Rider, Jr., and Dennis Demers
DISCUSSION
§ Mitchell Li – Boy Scout from Troupe 31 in Marlborough presented his proposal to construct a bridge and the final trail connection for the trail from Hemenway St. to Ghiloni Park. This is the final section of the trail necessary to make this trail system complete. The lumber and materials are being donated by a local lumber yard. The Commission voted 4-0 to approve the plan and thanked Mitchell for choosing to do his project for the City’s Conservation Commission.
§ DEP 212-762; Villages at Crane Meadow- Jacqueline Lambert
Mrs. Lambert was present to describe some of the problems with drainage and trees she has had with her unit, 11 Heatherwood Dr., in the Villages at Crane Meadow condo development. Mrs. Lambert said she has tried to talk to the builder about correcting these two problems, and wanted to see if the Commission could provide some assistance. The drainage in the back of the building is poor and ponds up because there is a berm between the lawn area and the wetland and there is no way for the water to exit the back yards. She suggested that the down spouts be piped through the berm, or some swales or ditches be created through the berm to allow for positive drainage. The Commission determined that if this work was needed the builder could do this work as a minor change to the existing permit. A plan from the developer would be necessary for review and approval before such work could be done.
Mrs. Lambert also expressed concern that the vegetation and trees were too close to her deck and she’d like to see if a few of the dead trees could be removed and one of the live trees which is hanging over the deck could be removed. The Commission discussed the need to protect the habitat within the 20 foot buffer zone, but agreed that if the trees were threatening to fall on the building they should be removed. The live tree overhanging the deck could be trimmed. The Commission requested that Ms. Ryder send a letter to Franchie Equipment, the property owner/developer outlining the above.
§ DEP 212-861- Exxon Mobil, Boston Post Rd.- Minor change to plans – Atty. Arthur Bergeron representing Exxon Mobile presented a revised plan showing a driveway connection between Pomphrey Dr. and the Wayside Condo parking lot. He explained that through negotiations with the Condo owners, it was agreed that this driveway connection would be helpful to get cars out to the traffic light. A portion of the work is within 100 feet of the wetland, but no work is closer to the wetland than previously approved for the gas station project, so no additional conditions are needed. The Commission voted 4-0 to approve the plans titled “Retail
Development- 656 Boston Post Road East, Marlborough, 2002 Exxon Mobil Drawings C-1 through C-13 and PH-1, SE-1 and SE-2 dated last revised 12-17-02 By: Carter & Burgess Consultants, Inc. (not stamped)”. The Commission determined that this was a minor change which did not require further review.
PUBLIC HEARINGS
Notice of Intent
109 Lakeshore Dr. – John Smith
Mick Sallvageau of New England Custom Construction, explained that the owners are proposing to remove the existing house and rebuild a new house with a foundation. All work will be 80 feet from the water. Haybales and silt fencing will be placed 50 feet away from the waters edge. All materials will be stockpiled outside of the 50 foot buffer zone. A stone construction entrance pad will be added. A new plan will be provided prior to construction showing the house shifted away from the side property line and will show the decks which are proposed. The Commission voted 4-0 to approve the plan as presented and to issue a standard Order of Conditions.
Request for Determination of Applicability
1017 Hemenway St. – Peter Isaacson
Mr. Issacson presented a plan seeking permission to clear trees behind the barn to provide more light and to provide more yard. He would like to clear trees and eventually stump the area and seed it with grass. Ms. Ryder noted that some of this work has already been done, but was stopped until a permit was issued. A portion of the fencing for the goat area is within the 20 foot buffer zone and should be removed. The Commission determined that the tree clearing could be done as long as the area was first inspected by the Conservation Officer to ensure that all work was outside the 20 foot buffer zone. In addition erosion controls will be needed when the stumps are removed and the area re-graded. The 20 foot buffer zone should also be marked with
permanent markers so current and future owners are aware of this location. No work will be permitted beyond these markers. The Commission voted 4-0 to issue a Negative Determination of Applicability with the conditions as noted above.
Notice of Intent (Continuation of Public Hearing)
207 Berlin Rd. – Brad Bumpus (Nobel Construction)
Tom Parris of Connorstone Engineering provided a revised plan dated July 28, 2003 showing the changes as requested by the Planning Board, and as approved by Pat Clancy the City Engineer. The Commission approved the plan and reviewed a draft Order of Conditions. The Commission voted 4-0 to issue the draft Order of Conditions as amended.
Notice of Intent
93 Chase Rd. - Damon Michaels
Mr. Michaels explained that he had hired Dave’s landscaping to do some re-grading and leveling of the back yard in anticipation of putting in a pool. He was unaware that the drainage ditch behind his house was considered a wetland, but once he was notified, he filed for a permit. He provided pictures showing that the lawn had always extended into the drainage swale which drains from a small intermittent pond above their lot. He provided a sketch plan showing the yard and above ground pool location. The pool will be 15’ from the intermittent stream at it’s closest point. Some trees were removed as well. The plan shows an irrigation well, however, this is not going to be installed after all. An abutting
neighbor was concerned with the utility easement in relation to this yard grading and sprinkler system, the Commission noted that this should be reviewed by both neighbors to ensure that the easement agreement is being met. After some discussion the Commission determined that since the yard had always extended to the swale it could remain and the pool could be located as shown on the plan. The Commission closed the hearing and voted 4-0 to issue a standard order of conditions with the standard special conditions.
Request for Determination of Applicability
820 Boston Post Rd. – Halfway Cafe
Peter and David Steen of Halfway Cafe were present and presented a proposal to ad a deck to the east of the existing building. The deck will be on piers and will extend over the existing grassy area. The deck at it’s closest point would be 26 feet from the wetland/pond at the base of the slope. The Commission determined that this work will not impact the wetland and voted 4-0 to issue a negative determination with the condition that none of the excess soil would be placed in or near the wetland.
CERTIFICATES OF COMPLIANCE
§ DEP 212-466 41 Forbes Ave. – The Order for this subdivision specifically does not apply to this lot, however it was recorded against the deed and needs to be released. The Commission voted 4-0 to issue a Partial Certificate of Compliance.
§ DEP 212-591 329 Maple St. – The work permitted by this order was never started. The Commission voted 4-0 to issue a Full Certificate of Compliance noting that the work had never commenced.
§ DEP 212-105 171 Locke Dr. - This project was completed many years ago, and a Certificate was never requested. The property is being sold and a Certificate is needed to clear the title. The Commission reviewed a recent site survey done for the new owner and voted 4-0 to issue a full certificate of compliance.
CORRESPONDENCE
§ E-mail from James Mongeau dated 9-24-2003 RE: Crowley Dr. with Site inspection from P. Ryder dated 9-24-2003 – The Commission reviewed this correspondence and requested that a letter be sent on Chairman Clancy’s behalf indicating the following: 1. Bruce Saluk has indicated he will be inspecting the detention basin with the geotech engineer within the next two weeks to determine if the basin is working properly. He will report back to the Commission his findings and recommend any remedial or corrective measures, if it is found necessary; 2. All future questions regarding the detention basin construction should
be directed to the City Engineer and not our Conservation Officer, as she is not an engineer; 3. The issue of reimbursement for your voluntary well testing is not a Conservation Commission issue; 4. No firm date on the drainpipe removal under the abandoned right-of-way has been provided.
The following items of correspondence were reviewed and placed on file:
§ Letter from Bruce Saluk dated 9-24-03 to David Clark RE: Crowley Dr.
§ Southborough denied Order of Conditions 290-705 Applicant: Fairfield Development, LP- Location: Northborough Rd.
§ Letter to Peter Ireland – Eagle Scout dated Sept. 22, 2003 RE: Eagle Scout Project- Sheep Falls Brook Trail section
§ Letter from DEP dated Sept. 22, 2003 RE: Matter of Temple Emanuel
§ Letter to Farooq Ansari, dated Sept. 23, 2003 RE: DEP 212-685 Waters Edge Subdivision, Request for Certificate of Compliance, update of remaining outstanding issues.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:55 P.M.
Respectfully Submitted,
Priscilla Ryder
Priscilla Ryder
Conservation Officer
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