CITY OF MARLBOROUGH
CONSERVATION COMMISSION
MINUTES
April 17, 2003
Memorial Hall, 3rd Floor, City Hall
Members Present: Edward Clancy-Chairman, Lawrence Roy, Donald Rider, Jr., John Skarin, Dennis Demers, Priscilla Ryder-Conservation Officer
Absent: David Williams, Allan White
Edward Clancy welcomed the Commission’s newest member Dennis Demers.
Approval of Minutes - May 16, 2002 were reviewed and unanimously approved.
Discussion
§ Brigham St. Lot 2, DEP 212-799 – Mike O’Malley, presented a proposal for a slight change to the plans to install a headwall at the driveway crossing to better stabilize the slopes and provide for better grading. The Commission agreed that this change to the plan was minor and would be in improvement and voted to approve the changes. Mr. O’Malley also provided a plan showing the design of the walking bridge for the walking trail, which crosses the wetland. The Commission reviewed and approved this plan as well.
§ 515 Pleasant St. DEP 212-880 – Pre-construction meeting
Kevin O’Malley and Mike O’Malley were present. They explained that as required in the Order of Conditions they are before the Commission to review the construction sequencing plan for this project. They explained that they have done the tree clearing, the erosion controls including the bio fencing have been installed per the plan. Kevin O’Malley explained the phases as outlined on the approved plans, which they will be following. The Commission expressed concern about the trout brook into which this drainage runs and warned the O’Malley’s that any silt into the brook would be cause for shutting the project down. The O’Malleys said they understood.
§ Raymond Rd. Lots 65 & 85 DEP 212-910 & DEP 212-911 - The Commission reviewed the denial of the two Notices of Intent submitted for the above noted lots. The Commission discussed the time period and the reasons for the denial. The Commission voted 4-0-1 to approve the denials as written. Dennis Demers abstained since he had not been involved with the project, this being his first meeting.
§ DEP 212-677 – Mitigation Report JPI- The Commission reviewed the letter dated 7/31/2003 which outlines the mitigation measures taken to date. The Commission voted unanimously to accept and place on file.
Public Hearings
Request for Determination of Applicability
631 Stevens St. – Pablo Maia
Pablo Maia was present and requested permission to install a fence behind the stone wall which he had constructed under an Order of Conditions. The plan shows the fence within the 20 foot buffer zone. The Commission indicated that the fence would need to be outside the 20 foot buffer zone. The Commission voted 5-0 to issue a negative determination with conditions as noted above, and to require a pre and post inspection by the Conservation Officer.
Request for Determination of Applicability
Brigham St. (Lot 1) – Larry Maloney
Steve Poole presented a plan on behalf of Larry Maloney the applicant. They are seeking permission to do some soil testing on the site to determine if it is buildable. The test pit will be in an area that is 25’ x 60’. The closest point for this work will be 32’ away from the edge of the wetland. Mr. Thomas Callahan was also present and said he was here on behalf of Mr. Maloney. Ms. Ryder noted that the wetland flags were not accurate and that the Commission should not approve the line as shown on the plan. Mr. Poole indicated that at this time they just wanted permission to do the test pits, and could come back at a later date to verify the wetland boundary. The Commission voted 5-0 to issue a Negative Determination of Applicability
indicating that the test pits could be done and must be stabilized once the work is completed. Also that the wetland boundary provided on the plan was not accepted.
Notice of Intent (Continuation of Public Hearing)
217 Raymond Rd. – Mr. Andrew Cagan,
The owner of this lot was present and presented a revised plan showing a reconfigured pool location. Per his plan the closest point of the pool and patio would be 25 feet to the wetland. All material removed from the hole would be trucked off site and any backfilling required would be with new soil brought in. He expects the erosion controls to be installed, then the wall to be constructed prior to the pool. The Commission discussed the existing violation on the property behind the house, where filling has occurred within the 20 foot buffer zone, and also noted that the previous order of conditions for the house required permanent boundary markers be installed. These requirements will be included in the Order of Conditions for the pool as well so they are not forgotten.
The Commission voted 5-0 to issue an Order of Conditions with the above noted conditions. The Commission also voted 5-0 to approve the Enforcement Order issued to Mr. Cagan to remove the fill placed within the 20 foot buffer zone.
Notice of Intent (Continuation of Public Hearing)
127 Lakeside Ave. - Everest Construction
Jason Himick and Mark Beaudry of Everest Construction were present and presented the revised changes to the plan as discussed at the previous meeting. Mr. Hemick outlined the changes which included: Construction sequence and erosion control plan dated 4-11-03, the grading and drainage plan have been revised to include two additional catch basins, and a cross section of the infiltration trench. The Commission discussed the construction of the infiltration trench and it’s ability to function in the winter. Mr. Beaudry explained that stormwater would filter through the grass into the trench which will be 4 feet deep stone. The trench detain includes a detailed operation and maintenance plan for the site as well. After some discussion about how the trench system
would work, the Commission determined that the soil type needs to be identified to determine how well such a system might work, perhaps they should look at installing some drywells instead which are connected to catch basins which can provide pre-treatment. The Commission also expressed interest in the drainage design behind the retaining wall at the back of the property. Mr. Beaudry explained that this has been addressed in this new design. With the applicants consent this hearing was continued to the May 1st meeting in order for the applicant to provide the additional information requested.
Notice of Intent
114 Kelber Dr. (Lot 5) - Mark Evangelous
Dennis Demers abstained from this hearing due to a conflict of interest. Brian Butler presented a plan on behalf of the applicant Mark Evangelous, showing a single family house next to a wetland. He submitted a slightly revised plan dated April 17, 2003 for the Commission’s review, which deal with additional drainage from the existing swales. This lot contains the detention basin for the subdivision. The Commission noted that the haybales were only 3’ away from the foundation construction and discussed the feasibility of constructing the house without impacting the 20 foot buffer zone. Grading and construction will be difficult on this tight lot. After some discussion the Commission with the applicants consent continued the hearing to the May
1st meeting so the applicant can provide a change in the design to allow at least a 4 foot separation between the construction area and the haybales.
Notice of Intent
135 Neil St. - Department of Public Works
Patrick Clancy, City Engineer, explained that the city is upgrading the DPW facility to come into compliance with DEP’s codes. They are working to connect several of the floor drains in the garage into the sewer system. The project involves installing some pipes and manholes within the existing parking area and DPW yard area which is already paved. This work falls within the riverfront area of a brook. The Commission voted 5-0 to accept the plans as presented and to issue a standard Order of Conditions for this project.
Notice of Intent (Continuation of Public Hearing)
Crane Meadow Rd. – Fairfield Green at Marlborough – FF Development LP.
At the applicant’s request this hearing was continued to May 1, 2003.
Notice of Intent ( Continuation of Public Hearing)
770 Boston Post Rd. – Amerada Hess Corp.
Mr. Luke DiStefano of Bohler Engineering was present and said that the only outstanding item was the site walk which the Commission members did on their own. Mr. Clancy noted that he had walked the site and noted that the trailers in the back of the site would need to be removed, snow removal will be an issue on this very small site, information regarding any contamination when the underground storage tanks are removed will be required, erosion controls will be needed, and comments from the City Engineer regarding the adequacy of the drainage will be necessary. The Commission closed the hearing and will review a draft Order of Conditions at the May 1st meeting.
Certificates of Compliance
§ DEP 212- 663 16 Daley Circle – The Commission voted 5-0 to issue a full certificate of compliance for this lot.
§ DEP 212- 768 51 Lakeshore Dr. – The Commission voted 5-0 to issue a full certificate of compliance or this lot and required that the certificate be held until a final as-built plan has been submitted to the Commission.
Correspondence/Other business
The Commission reviewed the following correspondence and voted to accept and file:
§ Letter to Chris Mutti, dated April 7, 2003 – RE: Forest Trail Subdivision – Open Space Parcel B restoration required.
§ Letter to Danial Blake, dated April 9, 2003 RE: Eagle Scout Project- Vernal Pool Survey – Millham watershed area.
§ E-mail from James Mongeau dated 4/17/2003.
Violation Notices
§ Farm Rd. – Airport – some filling has occurred near wetlands without a permit, a violation notice was sent.
§ Farm Rd. –Crystal Ridge Estates – DEP 212-839. Erosion problems still occurring at entrance from Farm Rd. violation notice was sent.
Adjournment
There being no further business the meeting was adjourned at 10:45 PM.
Respectfully submitted
Priscilla Ryder
Conservation Officer
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