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Conservation Commission Minutes 04/03/03
Accepted at the February 5, 2004 meeting


CITY OF MARLBOROUGH
CONSERVATION COMMISSION

MINUTES
April 3, 2003
Memorial Hall, 3rd Floor, City Hall

Members Present:  Edward Clancy-Chairman, David Williams, Allan White, Lawrence Roy, Donald Rider, Jr., John Skarin, Dennis Demers, Priscilla Ryder-Conservation Officer
Absent:  None

Discussion
§       Draft Order of Conditions- Donald Lynch Blvd. Sewer Pump Station – DEP 212- 909.  The Commission reviewed the draft order of conditions and voted 6-0 to issue the standard special conditions for this project.

§       DEP 212-802 Enforcement Order update -   Per the letter dated March 31, 2003 the Commission had asked Mr. Deli Priscoli and his consultants to attend this meeting to discuss how the site will be stabilized and how they are coming into compliance with the enforcement order issued on 12-18-02.  Mr. Deli Priscoli, Bruce Saluk, Patrick Mauro, Bill Proctor were all present, as well as James Mongeau, an abutter.

Chairman Clancy asked the applicant to provide a status report on the site.  Mr. Saluk provided the following update:
1.      The Commission had approved plans titled SK-1 Erosion Control dated 9-19-02 and the interim pumping for construction EC plan dated Dec. 19, 2002.  Due to the rainy and snow conditions these temporary measures were not installed in time.  Therefore the drainpipe to relieve the temporary basin was not put in and the basin filled up.
2.      The second week in December the basin filled up and overflowed onto Crowley Dr. and drained towards Fitchburg St. and into the detention basin.  They controlled it by pumping the water into the Assabet School property basin.  
3.      There was a thaw in February and March during which much water drained out of the site and he would not dispute that it may have been dirty, given that this soil type stays in suspension for a long time.
4.      On March 23rd after a large rainstorm and snow melt, they constructed some drains and installed the “relief valve” in the detention basin.  He has monitored it and it looks OK.  He provided pictures showing these repairs.
5.      Temporary basin #1 also has an overflow ditch which is draining into the wooded area and appears to be working well.
Ed Clancy explained that the biggest concern for this site is that too much of the land is exposed and devoid of vegetation.  This area must be stabilized as soon as possible, what is the time frame for this work?.  Mr. Deli Priscoli indicated that it could be done as soon as possible, but that he believes the biggest problems have been addressed as described by Mr. Saluk.  Pat Mauro suggested that he felt the problems on the site had been responded to quickly and the grass will grow but suggested that the stump grindings on the site could be used to stabilize some of the more sensitive areas, which are eroding.  Attention needs to be paid to the area on the Assabet Site too to stabilize some of these slopes.   John Deli Priscoli explained that this spring all the landscaping along the roadway will be completed.   The Commission seemed satisfied that items on the site were under control, but warned the applicant that they needed to diligently watch the site and report any problems immediately to the Commission.

Public Hearings
Notice of Intent
217 Raymond Rd. -  Andrew Cagan
The homeowner was present and explained that he wanted to install an in ground pool as shown on the plan.  Wetlands surround the entire back and side yard of this lot.  He received a variance from the ZBA to put the pool closer to the roadway and still meet the 20-foot wetland setback requirement.  Haybales and silt fencing are to be installed to control runoff.  He will also install a 4-foot high retaining wall just above the 20-foot buffer zone, which will be installed before the pool is constructed.  Mr. Demers indicated that some ledge might be encountered on this site.  Mr. Clancy measured the distance from the wetland markers on the plan and noted that they were too close.  The plan needs to be redrawn showing at least a 20-foot buffer zone.  This should be established in the field as well since the wetland markers were to have been installed per the original Order of Conditions.  With the applicants consent the Commission continued this hearing until April 17 so that the plan could be amended as discussed.

The Commission also noted that there was some illegal fill placed within the wetland at the back of this house, which was the subject of the original order of conditions for this house lot DEP 212-730.  The Commission indicated that this fill needed to be removed and that it should be staked out prior to excavation.  The Commission voted 6-0 to issue an enforcement order to require that this fill be removed.  Ms. Ryder will write up and issue the enforcement order once she inspects the fill area again.

Abbreviated Notice of Resource Area Delineation
355 Boston Post Rd.  -  Mary Beth Carney
Mary Beth Carney of Land Planning, Inc. indicated that the wetland scientist had reflagged the wetland area to include the MassHighway replication area and is now shown on the new plan dated revised 3-31-03.   The Commission voted 6-0 to approve the plan as amended and issue a Order of Resource Area delineation.


Notice of Intent
600 & 800 Nickerson Rd. - Glenborough Realty Trust
At the applicant’s request this hearing was continued to the May 1st 2003 meeting.

Notice of Intent
770 Boston Post Rd. -  Amerada Hess Corp.
Attorney Arthur Bergeron, Steve Decorse of Bohler Engineering and Andy Wardenbacker of Hess Corp were present.  Attny Bergeron provided an overview of the permit process. They have received a variance from ZBA and are now before the City council for a special permit and siteplan review.

Steve Decorse of Bohler Engineering reviewed the site plan presented with the Notice of Intent.  The wetland resource areas on the site include a brook, BVW and the 20-foot buffer zone as shown on the plan.  The project will include new tanks, a canopy, and convenience store, utilities and storm drainage improvements.  Currently no storm drain system exists.  The new drainage system will include all the best management practices including deep sump catch basins with hoods, water quality basins, a reduction in impervious surfaces and will included dry wells for roof runoff infiltration.  All the old fuel tanks will be removed.  Andy Wardenbacker indicated that when the tanks are removed the soil around the tanks will be tested and any contaminated soil will be removed from the site, however they had a Phase I investigation done on the site and found no evidence of contamination.

Richard Hayes an abutter, explained that his main concern was make sure that the trees near Rte. 20 and his driveway are to remain and that the trees behind the fencing also remain on the steep slope.

The Commission decided that they wanted to walk the site before making any decision and to receive comments from the City Engineer.  With the applicants consent the hearing was continued to the April 17, 2003 meeting.

Notice of Intent
127 Lakeside Ave. – Everest Construction
Vincent Corsini of Everest Construction and Jason Hemick of Meridian Engineering were present.   The proposal is to renovate the building to make it handicap accessible and do some modifications to the parking area and add landscaping.  Mr. Hemick went over the plan including the drainage.  As proposed the drainage would sheet flow across the parking lot into the landscaped area where there would be a drainage/infiltration swale to help improve water quality before it discharges into Lake Williams, the city’s water supply.  The design will treat 90% of the parking lot, leaving 10% un-treated.  The trench infiltration system will not work as well during the winter months.  The Operation and Management plan for the parking lot specifies that no salt will be used, and the landscape plan specifies species that can tolerate salt from the highway.

The Commission questioned the functioning of the trench/infiltration system, it’s long-term maintenance, tree root intrusion, and how well it will function in the winter.  These issues need to be addressed.  An erosion control plan during construction also needs to be provided.   They also asked if the existing roof drainage could be infiltrated into the ground as well.

Mr. Peter Maddox – an abutter expressed concern about the retaining wall construction at the rear of the lot and conflicts with some existing water and sewer lines, which are not shown, on the plan.  He also expressed concern about existing and proposed drainage off the wall area, since this area gets a large volume of water over it during a rainstorm.  Mr. Hemick explained that they would look more closely at the drainage issues and address that with the next plan change.  They would also check on the utilities.   

With the applicants consent the hearing was continued to the April 17, 2003 meeting.

Correspondence/ New Business/Other Business
The Commission reviewed the following items and voted to accept and place on file:

§       Letter from Hargraves, Karb, Wilcox & Galvini dated March 20, 2003 for Ken’s Foods, Inc. Re: Comprehensive Permit Application of Fairfield  
§       Notice for Public Hearing April 10, 2003 at 7:30 PM in Memorial Hall for Draft Open Space Plan;
§       Draft Denial for Raymond Rd. lot 85 DEP 212-911 and lot 65 DEP 212-910 were provided to the Commission for review these will be discussed at the April 17th meeting.
§       DEP 212-799 lots 1 & 2 Brigham St.  Mr. O’Malley has provided a sketch showing the trail location, bridge, trail location and headwall.  The Commission requested the Mr. O’Malley come before the Commission and present the plan at the next meeting on April 17th.

Adjournment
There being no further business the meeting was adjourned at 10:00 PM

Respectfully submitted,


Priscilla Ryder
Conservation Officer