Marlborough Conservation Commission
Minutes
January 16, 2003 (Thursday)
Memorial Hall, 3rd Floor
Marlborough City Hall, 140 Main St.
Members Present: Edward Clancy-Chairman, Lawrence Roy, Allan White, John Skarin, Donald Rider, Jr., David William, Priscilla Ryder-Conservation Officer and Dennis Demers-Associate Member.
Absent: Donald Jackson
ACCEPTANCE OF MINUTES
Minutes: November 30th, 2000, and January 2nd 2003, these minutes were accepted as written with the vote of 5-0
PUBLIC HEARINGS
Request for Determination of Applicability (Continuation of Public Hearing)
Lot A Beach Street – Guaranteed Builders, Inc.
Diane from Guaranteed Builders, Inc. has talked to Scott Morrison of Eco-Tech who did the wetland delineation and he will call the Conservation Officer to discuss the wetland delineation on this property. With the applicant’s consent, the hearing was continued to February 6 2002.
Notice of Intent (Continuation of Public Hearing)
Off Hayes Memorial Dr. – Algonquin Regional School District
In attendance were Sue McArthur of the VHB, Roger Hoit of Strekalovsky & Hoit, Shirley Lundberg and Brad Jackson of the Northboro Building Committee and Manuel Garcia of Garcia, Galuska, Desouse Inc.
Ms. McArthur provided a summary of the project which includes the installation of a 4” sanitary force main from Northboro/Marlborough connecting into Hayes Memorial Drive. They will provide a 30 ft. wide permanent easement and 40 ft. wide construction easement. The plans have been altered to avoid the 20 ft. buffer zone. 1,500 sq. ft. of the Bordering Vegetated wetland (BVW) will be filled and 1,600 sq. ft. of wetland replication area will be constructed. Since the last meeting the town of Northboro has agreed to allow directional drilling under Stirup Brook in the Northboro section of the project. The revised plan dated November 22, 2002 revised January 16, 2003 was provided showing these changes.
Chris Garcia explained that the Mass Heritage and Endangered Species Program approved the directional drilling in Northboro and confirmed that there are no endanger species habitat being impacted on the Marlborough side of the project. Chris Garcia indicated that Pat Clancy, city engineer, requested changing the pipe from a plastic pipe to ductile iron pipe in Marlborough. The Marlborough section of the project will involve trenching and not directional drilling. The Commission asked if directional drilling could be done on the Marlborough section. The answer was not with directional drilling.
The Commission discussed the access roadway, which is necessary to install the pipe. A section of this roadway will be left in place for long-term maintenance and for future development of this property. The driveway will remain graveled when the project is finished. The Commission discussed the replication area and asked how it would be accessed. Alternative locations were discussed and will be checked in the field. The Commission asked for information about the security of the pipe to be sure sewage would not overflow into the wetland. The engineer explained that there is a safety system on this force main that would not allow it to overflow into the wetland. There being no further discussion, the Commission closed the public hearing and a draft Order of
Conditions will be reviewed at its next meeting on February 6, 2003.
Notice of Intent
Off Crane Meadow Rd. – FF Development LP
No one appeared for this hearing, the Commission continued it to Feb. 6, 2003.
DISCUSSION
§ Brazeau Circle (DEP 212-597) – Atty. Arthur Bergeron represented Mr. Farooq Ansari of Ansari Builders. Atty. Bergeron stated that he received a copy of the letter to Mr. Ansari regarding an Enforcement Order dated Dec. 2, 2002. He stated that since they cannot resolve the issues, he would be filing a lawsuit in Superior Court to get an answer as to whether the Commission has jurisdiction to issue an Enforcement Order for the failure of this detection basin. Atty. Bergeron explained that Mr. Ansari has several options. The first option would be to pay the city $20,000 and combining this with the $80,000 which remains in
the subdivision bond which can be used towards fixing the detention basin. This option would limit liability to Mr. Ansari to $100,000.
§ The second option Mr. Bergeron believes that the cost of reconstructing the detention basin and the design of a new basin as per discussion with Pat Clancy, city engineer, may in fact be well over $100,000 in which case Mr. Ansari would file Chapter 7 Bankruptcy. There was a discussion about the statue of repose for structures and whether that statue applies to detention basin as well. Atty. Bergeron will have to look into that.
§ Mr. Ansari asked if there was some way to allow the post development flows to be increased. The Commission indicated that only DEP could release this requirement. Atty. Bergeron indicated that a variance from DEP would need to be requested, but he wasn’t sure how successful that would be. The Commission decided that it would be prudent to meet with the city solicitor, James Golden, Pat Clancy, Edward Clancy, and Ward Councilor Trish Pope to discuss these options before making any decisions as to how to proceed. Atty. Bergeron indicated that he was under a time constraint because fines according to the Commission’s letter would
begin January 30th.
The Commission discussed this and postponed the Enforcement action for this project to February 28th in hopes that some resolution as far as direction and authority could be made by that time. The Commission voted 5 to 0 to delay the fines until February 28th . The hearing was continued to February 20th meeting.
§ MACC Annual Meeting – March 1, 2003 - Commission Members were asked to sign up.
CERTIFICATES OF COMPLIANCE
§ DEP 212 – 685 Water’s Edge Subdivision - The applicant has requested a Certificate of Compliance, however the city engineer has indicated to Ms. Ryder that the bottom of the detention basin contains 6-8 inches of standing water which still needs to be corrected. There is slumping along the edge of the large basin and a few minor items still must be corrected. The Commission asked to get a written punch list from Tom Temple of the engineering department to give to Mr. Ansari to indicate what still needs to be done.
§ DEP 212 – 833 313 Boston Post Rd. - The applicant is requesting a full Certificate of Compliance for this project. Ms. Ryder indicated that the catch basin and storm ceptors had not been inspected. However, if these are clean, there should be no problem with issuing the Certificate. The Commission voted 5-0 to issue a Certificate of Compliance. They requested, Ms. Ryder hold the Certificate until she has confirmed the catch basins and stormceptors are clean.
DRAFT ORDER OF CONDITIONS
§ DEP 212 – 903 Draft Order of Conditions for the proposed restaurant on Donald Lynch Blvd. The Commission reviewed the draft Order and voted 5 to 0 to issue the Order of Conditions as drafted and amended.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:10 PM.
Respectfully submitted,
Priscilla Ryder
Conservation Officer
Accepted at the Feb. 6, 2003 meeting.
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