Approved at the Nov. 6, 2003 meeting
Conservation Commission
Minutes – August 7, 2003
Page 1 of 1
Marlborough, MA
Conservation Commission
Minutes
August 7, 2003
Presented: Edward Clancy- Chairman, David Williams, Dennis Demers, LawrenceRoy, Donald Rider, Allan White and Priscilla Ryder-Conservation Officer
Absent: John Skarin (check)
ACCEPTANCE OF MINUTES
Minutes of April 18, 2002 , March 27, 2003 and July 10, 2003 were unanimously accepted as written
(Allan White arrived)
PUBLIC HEARINGS
Request for Determination of Applicability
157 Cullinane Dr. - Kitty H. Schrow
Mr. Schrow presented a plan to replace the existing deck. The wetland is well below of the deck, behind a retaining wall. The applicant would like to build a second deck on the ground level. The closest point the upper deck to the lake is 19.6 ft. The lower deck will be 11.5 to 14 feet from the lake including the stairs. Stone and brick work is being done above the deck in front of the house. They are also building a fireplace on the deck. Ed Clancy indicated he’d seen the lot and the area of work is an existing lawn. After some discussion the Commission voted 6 – 0 to issue a negative determination with conditions to notify the Conservation Officer prior to start of work.
Amended Notice of Intent
Lot 4 Danjou Drive - Crystal Ridge Estates
Robert Parente of Central Mass Engineering presented a plan which showed the re-arrangement of the house on the lot to fit a larger house which will face the vernal pool. A 4’ high concrete block wall will be placed in back of the hay bales. Because the hearing had been closed, the applicant Mr. Fossile was required to re-notify the abutters and have the hearing re-opened. Greg (a neighbor) explained that there should be plenty of privacy between his lot and this new lot, but he encouraged the developer to protect most of the trees between the two lots where possible. The Commission determined that a 15’ no cut buffer should be provided on the back property line between these two lots. In addition, the plan will need to be adjusted to remove all walls and erosion
controls from the 30’ buffer zone. The Commission voted to close the hearing and will review a draft Order of Conditions for the next meeting.
Notice of Intent (Continuation of Public Hearing)
53 Bergeron Rd. – Michael Farrell (DEP 212-929)
Glen Krevosky of EBT Environmental Consultants and Michael Farrell, the property owner, presented a plan to construct an addition to the house with a pool. A revised plan showing the location of the pool and the pool elevation in relation to the wetland was provided. There is a 28” difference between the top of the pool and the wetland area. No survey information was provided on the plan since it wasn’t deemed necessary. McCarthy’s Pool has also indicated that the pool would not need to be drained during the winter and will be constructed with reinforced concrete. Therefore, if it is sitting in the groundwater table it will not be a problem after construction.
A dewatering system of haybales and silt fencing will be constructed during the dewatering operation for the pool. All this work will be outside of the 50 foot no disturbance buffer zone required under the Water Supply Protection District.
The project will be constructed in two phases. Fisrt, the house addition will be constructed. Once that is completed the pool will be installed. Erosion controls are to be installed prior to each phase to control siltation from that phase. The Commission expressed concern with construction of the pool during periods of high groundwater, and requested that a test pit be done prior to the pool construction. If the groundwater table is high, the project should be postponed until the water level drops, in order for the job to be easier and less sloppy. The Commission voted 6-0 to close the hearing. A draft Order of Conditions will be provided for the next meeting.
Notice of Intent (Continuation of Public Hearing)
207 Berlin Rd. – Brad Bumpus (Nobel Construction)
Tim Paris reviewed the changes to the revised plans based on the comments from the City Engineering Dept. The only change was made to the location and configuration of the detention basin. Ms. Ryder indicated that the wetland boundaries still needed to be inspected . The plan and new drainage calculations still need to be reviewed by the engineering dept. With the applicants consent, the hearing was continued to September 4th, 2003.
Notice of Intent (Continuation of Public Hearing)
600-800 Nickerson Rd. – Glenborough Realty Trust
Shawn Klingener of Beals Associates presented the changes made to the plans based on the comments from the City Engineer. All the changes were minor in nature and did not affect issues related to Conservation. The Commission closed the hearing and reviewed the draft Order of Conditions. The Commission voted 6-0 to issue the draft Order as amended.
CERTIFICATES OF COMPLIANCE
§ DEP 212-677 – Jefferson at Wheeler Hill (Partial Certificate)
Geoff Andrews of Wetlands Preservation Inc and Kevin Malley of JPI were present. Mr. Andrews reviewed the packet provided to the Commission which summarized the compliance with all the Conditions of the Order. Included in the packet was a letter submitted to Mr. Carney from JPI regarding work on a resolution to his alleged drainage problems. Mr. Carney never responded to this last letter. Therefore, JPI is requesting that the Commission concur that JPI has done all it can do to comply with Condition #33 of the Order of Conditions which required JPI to make it’s best effort to correct and replace culverts between their property through Mr. Carny’s land and including Brigham St.
Ms. Ryder indicated she had inspected the entire site and all conditions had been met, except that the catch basins were being cleaned during the site inspection so some had not been inspected, and that the Conservation Restriction required in Condition #57 has not yet been completed. The Commission voted 6-0 to issue a Partial Certificate of Compliance which notes the outstanding Condition #57. In addition, the Commission required that Ms. Ryder hold the Certificate until all catch basins had been cleaned and inspected.
§ DEP 212-868 – 120 Bartlett St. (The Butcher Co.)
The replication area has survived the summer and a written report was presented which was the last remaining outstanding item on this project. The Commission voted 6-0 to issue a Full Certificate of Compliance.
DISCUSSION
§ Public Service Announcement ideas for Bill Bryant’s cable TV show – Mr. Bryant has indicated a willingness to do some short public service announcements for the Commission to air on his shows. The Commission will think about possible ideas.
§ DEP 212-711- Raymond Rd. Temple Emanuel - Ms. Ryder indicated that at the pre-hearing conference, Mr. Callahan, representing the Temple, indicated he would like to use the original plan denied by the Commission, at the adjudicator hearing process. The Commission is requested to provide a summary of it’s denial of this plan. The Commission requested that Ms. Ryder provide this summary to the DEP and the Judge as required.
VIOLATIONS
Ms. Ryder noted that the following projects had violations during the previous two weeks. Copies of the violation notices were provided to the Commission and were placed on file.
§ Jericho Hill – reconstruction project- Emanuel Brothers
§ Danjou Dr. – Crystal Ridge Estates – Neil Fossile
CORRESPONDENCE
§ The Commission reviewed the correspondence and voted to accept it and place it on file.
§ DEP 212-868 Per the request of Michael Aldous of Jacques Whitford Company, Inc., the Commission reviewed a plan for some geo-probe and test pit work at the 120 Bartlett St. site and indicated that since all the work is well away from the wetland and that they will be filing a NOI shortly, this work can proceed without further review by the Commission.
ADJOURNMENT
The public meeting adjourned at 8:45 P.M.
Respectfully Submitted;
Priscilla Ryder
Conservation Officer
PR/sb
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