SUTTON CONSERVATION COMMISSION
September 17, 2008
MINUTES
Approved: _________________
Present: Mark Briggs, Chair, Joyce Smith, Co-Chair, Francis Gatto, Daniel Rice, Jack Sheehan
Staff: Wanda M. Bien, Secretary
Brandon Faneuf, Consultant
NEW BUSINESS
254 Boston Road
DEP#303-0670
The Public Hearing was opened at 7:00pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of construction of an onsite sewage disposal system and associated grading.
Present: Karen Keegan, Andrews Survey, Wayne Krause, owner
K. Keegan reviewed the plans. The existing cesspool in the front of the house needs to be replaced as this system would not pass Title V. There would be a large mound in the back yard showing the new system. The existing well is also in the back so the septic system can only be placed where it is shown on the plans.
B. Faneuf reviewed his site visit information
See Attach Ecosystem Report #1
The Board will do a site visit on September 20, 2008 at 9:00am.
Motion: To continue, with the applicant’s permission, to October 1, 2008, by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
9 Maple Street
DEP#303-0672
The Public Hearing was opened at 7:15pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of construction of a single-family dwelling, an onsite sewage disposal system, driveway, and associated grading.
Present: Karen Keegan, Andrews Survey, Paul & Eleanor Bousquet, owners
K. Keegan explained their house burned down and they would like to construct a new house on one of the two lots they own. They have Planning Board approval to reconfigure the lots to comply with the building requirements. The house would be 35 feet off of the edge of the wetland area. The proposed septic system is outside of the 100’ buffer zone and there is town water. The driveway would have a berm, with a sump with riprap, at the bottom. The excavation is marked by the haybales. They may have to take down a few oak and maple trees, but will re-plant seven trees.
Details of a removable dock have been added to the plans. There would be infiltration units/chambers and the downspouts would be tied in.
M. Briggs said they need details on the plans and need to replace the trees with hardwood trees.
He explained the description on the dock according to the new regulations, no pressure treated wood.
B. Faneuf reviewed his site visit
See Attached Ecosystem Report #2
K. Keegan reviewed what is needed to be on the revised plans and the comments from Ecosystem that were addressed. Lot 49 is for their son’s house to be built in the future.
Motion: To close the Public Hearing, by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
Motion: To issue an Order of Conditions subject to removal of the invasive species as indicated
by Mr. Briggs, replanting along the bank by wetland flags number 8 through 17, and a
demonstration that the dock is in compliance with the Town Bylaw and Regulations,
by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
112 Providence Road
DEP#303-0674
The Public Hearing was opened at 7:40pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of construction of a small propane storage and distribution facility, land clearing, minimal earthwork, one above ground storage tank, fencing, an aggregate roadway, and installation of a waterline in Providence Road.
Present: Alton Stone, Alton Engineering, Paul DiLeo, DiLeo Gas Inc., applicant, Frank Reno, owner, David Lavallee, surveyor.
- Stone explained that this was a surveyed conforming lot, owned by Frank Reno, who is
proposing to sell one acre to DiLeo Gas for a 30,000 gallon propane tank. The tank would be placed on two concrete cradle supports with a fence around it, and a driveway. This area is within the buffer zone, but not within the resource area of the CMR 310 Bylaw. No trucks would be parked there overnight or serviced on this site. They have Planning Board approval regarding this project.
J. Sheehan questioned the fill on this site, and the flood plain.
D. Lavallee stated the upland was not part of the pond and was not always wet. Mr. Boria did the filling on the property and there was a plan. There is good gravel underlying material here. He has the original 1895 plans.
B. Faneuf reviewed his site visit, especially the question of the riverfront, which needs further investigation by a site visit with the Commission.
See Attached Ecosystem Report #3
The Board will do a site visit on September 20, 2008 at 9:30am.
Motion: To continue, with the applicant’s permission, to October 1, 2008, by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
65 Stone School Road
DEP#303-0673
The Public Hearing was opened at 8:15pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of single-family house, septic system, well, etc. with wetland crossing, previous Order of Conditions has expired.
Present: Rhonda Tawadios for Robert Murphy, Murphy Associates, Francis Venincasa, owner
- Tawadios told the Board that the plans have not changed from the time they first filed the
Notice of Intent.
M. Briggs questioned the 60/40 upland requirements and asked if this has been applied.
J. Sheehan stated they only need 48,000 s.f., which is what is required of a Form A lot. He stated this doesn’t meet the 60/40 requirement until the Commission signs off on this Order of Conditions for the Planning Board to approve this requirement.
Abutter:
Mark Bettke, 34 Dudley Lane, has concerns of the trees to be removed and would like to see the trees stay or be replaced for a buffer between his lot and this new lot.
Motion: To close the Public Hearing, by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
Motion: To issue an Order of Conditions subject to plans as presented by applicant with a special
note to maintain the limit of clearing as shown on the plan, including the areas outside of
the buffer zone especially on the North side of the site, by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
CONTINUATIONS
50 McClellan Road
No DEP#RDA
The continuation was opened at 8:45pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of the lot proposed to be subdivided into 2 lots with a detention pond and paved roadway to the new house lot. The existing house is proposed to remain and the driveway re-aligned.
Present: William Drexel, Northwest Engineering, Paul LaPlante, owner
W. Drexel reviewed the information from the site visit.
The Commission was satisfied with the review and voted to issue the Determination.
Motion: To close the Public Hearing, by J. Sheehan
2nd; J. Smith
Vote: 5-0-0
Motion: To issue a Negative Determination of Applicability, by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
223 Worcester Providence Road/Atlas Box
DEP#303-0671
The continuation was opened at 8:50pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project includes the construction of a 226,300 s.f. manufacturing facility with associated driveway, parking, and grading. A portion of the grading activities will take place within the 100’ wetlands buffer zone.
Present: Brian Milisci, Whitman & Bingham Assoc, Arthur Mahassel, Atlas Box, William Babin, RP Masiello, project contractor.
- Milisci reviewed the site visit information from September 10, 2008 on the notice of intent.
B. Faneuf reviewed his site visit information and report.
See Attached Ecosystem Report #4
His concern is the invasive species, Russian Olive. Once this has been removed a 3-year monitoring plan should be in place so this plant doesn’t come back.
Motion: To close the Public Hearing, by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
Motion: To issue an Order of Conditions subject to the applicant submitting an eradication plan
for the Russian Olive shrub and management plan going forward, by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
171 Worc. Prov. Tpke
DEP#303-0604
The continuation was opened at 9:10pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of constructing a 155,595 s.f. home improvement store, 7,000 s.f. restaurant, 3,830 s.f. fast food restaurant with drive through, and accessory retail, a portion with drive through, totaling 68,220 s.f. on Route 146, and offsite roadway improvements along Route 146 and Boston Road.
Present: Kevin Rabbitt, K.B. Rabbitt Association, Arthur Allen, Eco Tec, Paul Hutnak, Heritage Design Group, Keith McDonald, Chief Engineer for Roadway Improvements.
K. Rabbitt spoke about the revisions on the plans and that all concerns have been issued.
M. Briggs was concerned with the widening of Route 146 and the stream that runs along Boston Road.
K. Rabbitt replied they would be using a 60” corrugated metal pipe with a head wall. He explained the Route 146 widening with three lanes on Boston Road, and the culvert in the field. They would be expanding the road by one turn lane without doing anything to the stream.
M. Briggs second concern is, have the plans submitted to Mass Highway.
K Rabbitt explained the Mass Highway process in three phases.
M. Briggs third concern was just plans issued with language “design by others”. Who are the others? Conservation needs to receive actual designs with names of who actually did the design. He told Mr. Rabbitt to send the shop drawings to Maguire Group and to Conservation.
- Allen provided the details on the culvert, elevations, and cross sections, which all meet the guidelines.
Motion: To close the Public Hearing, by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
Motion: To issue an Order of Conditions subject to review by Maguire Group, the street crossing
structure and subject to the inspection and repair of the culvert and headwall on the
North side of Boston Road if necessary, by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
Mr. Briggs wants to see a report on the headwall, for the records.
Main Street & Route 146/National Grid
DEP#303-0666
The continuation was opened at 9:30pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of site work associated with the construction of two building additions, and a separate 60,000s.f. building. The proposed building/additions are outside of the 100-ft. buffer zone.
Present: Paul Hutnak, Heritage Design Group, Jamie Beach, National Grid, Jamie Beach Patrick Burns, facility manager.
P. Hutnak reviewed the previous meeting information and the revised plans.
The Commission was satisfied with the final plans.
Motion: To close the Public Hearing, by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
Motion: To issue an Order of Conditions subject to most recent plan dated August 25, 2008,
by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
107 Boston Road
DEP#303-0668
The continuation was opened at 9:35pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of demolition of existing residence, and construction of a proposed commercial retail facility and associated parking, landscaping, stormwater controls, and utilities.
Not Present: Chris King for Paul Hutnak, Heritage Design Group, for Sandra Roy, Hair Inc., owner
Chris King continued this, with the applicant’s permission to October 1, 2008
Motion: To continue, with the applicant’s permission, to October 1, 2008, by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
Torrey Road/Lake Manchaug/Manchaug Reservoir Corp. Interface, Inc.
DEP#303-0669
The continuation was opened at 9:40pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of requesting an Order of Conditions for the newly revised operations and maintenance plan for the Manchaug Reservoir.
Present: Nicole Sanford, Stantec Inc., Wendy Porter, Interface, Don Cooper, applicant’s Attorney
M. Briggs explained the past issues from the first meeting on September 3, 2008, and the Fuss & O’Neill scope fee.
W. Potter stated they would like the Commission to defer their decision until they have had a chance to review the Fuss and O’Neill scope and would like to continue this hearing to October 15, 2008. She then explained they don’t follow the rule curve exactly, but do follow according to the weather.
M. Briggs other issue are the liability and recreation.
Abutter:
Phyllis, no last name noted, concern is that the rule curve is not used.
M. Briggs questioned the safe operation for the dam structure.
W. Potter replied they only need to meet half the PMF, and this dam doesn’t pass this half PMF.
The Attorney, Don Cooper, asked to defer the decision on the Fuss & O’Neill scope on the $8000. Could this be cut back? Could they defer this decision until the office of Dam safety acts? He would also like permission to call Kopelman and Paige on this process. He stated the issue of recreational interest is not a protected interest under the Wetlands Protection Act or the local Bylaw. He also stated that this lake’s status is listed as an improved great pond.
W. Potter replied they do follow the rule curve and the gradual decrease starts now.
M. Briggs is concerned with fall coming and with the water level drawn down. Is this level down too much? Mr. Briggs said the habitat is important to the lake even if the water level is not covered under the Wetland Protection Act or local Bylaw.
Abutter:
Paul Boutiette, 24 Holt Road, Kings Campground is concerned with the rule curve that was drawn up 30 years ago, with no technology to predict the weather back then as we do today. The Board should consider this information to ask for a different rule curve.
William Cosenza, 184 Manchaug Road, is also concerned with the rule curve and asked if Interface is trying to sell this Dam. He said the engineers can change this rule curve to go anyway it wants.
Refer to the cassette tapes and audio/video tapes.
F. Gatto left at 10:30pm
Motion: To continue, with the applicant’s permission, to October 15, 2008, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
BOARD BUSINESS
The Board did not sign Certificate of Compliance for: 59 Hartness Road – No As-built has been received yet and would be continued to the next meeting. 17 Davis Road would be continued to the next site visit for further review.
The Board signed the Order of Conditions for 66 Wilderness Road, M. Dunn.
These complaints were reviewed and would be looked at on the next site visit on September 20th.
27 Douglas Road/6 Kart Road – off Manchaug Road
56 Waters Road/B. Beaton – Pond issue - Anonymous letter received
Forestry Plan in hand
36 Hutchinson Road – Septic break out/BOH issue
This complaint on 254 Eight Lots Road - Christopher Camgemi, owner will be checked by Guy Lachance of the Forestry Division, tree removal has been done without a permit from the Forestry Division.
These discussions were tabled to the next meeting.
MACC New Policy on Consultant Fee Appeals, Order of Condition, review Order of Condition’s extensions.
Minutes
The Board voted on the minutes of June 18, 2008 and July 16, 2008.
Motion: To approve the minutes of June 18, 2008, and July 16, 2008 corrected by J. Smith,
by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
Motion: To adjourn, by J. Sheehan
2nd: J. Smith
Vote: 5-0-0
Adjourned at 11:30pm
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