SUTTON CONSERVATION COMMISSION
September 3, 2008
MINUTES
Approved: _________________
Present: Mark Briggs, Chair, Joyce Smith, Co-Chair, Daniel Rice, Jack Sheehan
Unavailable: Francis Gatto
Staff: Wanda M. Bien, Secretary
Brandon Faneuf, Consultant
NEW BUSINESS
Torrey Road/Lake Manchaug/Manchaug Reservoir Corp. Interface, Inc.
DEP#303-0668
The Public Hearing was opened at 7:05pm. 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, & Don Rudge, for Interface Global, owner of the Dam, Don Cooper, Attorney.
This Public Hearing was moved to Room 1A, due to so many abutters in the audience.
W. Porter explained they were here to explain how the dam operates the water level to the rule curve and lowers the level according to rain events. This information would be submitted to the office of Dam Safety.
N. Sanford explained why Stantec did the filing, and reviewed the Operations and Maintenance information.
The emergency action plans for Dam failure are on file with the Sutton and Douglas Police Department.
This Dam was repaired in the 1960’s and the spillway was enlarged.
Abutters:
William Cosenza, 184 Manchaug Road, has concerns with the water level, and presented photos to the Board of the weeds. His other concern is with the rule curve from the 1930’s that is not in effect.
The second speaker did not present his name. He had concerns with the historical rule curve, the water levels, and no frogs or no peepers this year.
Steve Smith, President of the Lake Manchaug Pond Assoc., is concerned with the 1930 rule curve. He explained how the pond has expanded in the last 20 – 30 years. They purchased the 88-page report on the Mumford low flow study. He stated they do not use chemicals on this lake.
There is a log for maintenance of the rising and lowering of the dam gate. Dick Wallace and Don Rudge watched over this operation.
Richard Lindstrom, Manchaug Road, stated there was no reference to Whitins Reservior.
Linda Nelson, 114 Manchaug Road, reviewed information from reports on the lowering and raising of the water level.
The proposed estimate of $12,000.00 fee for a peer review by Fuss & O’Neil was discussed.
The limit of money shown in the bylaw is $1,200.00, per Interface.
William Cundiff, Town Engineer in Douglas, stated they monitor this area on a monthly basis, and have records of this.
Motion: To continue, with the applicant’s permission, to September 17, 2008, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
50 McClellan Road
No DEP# RDA
The Public Hearing 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 its driveway re-aligned.
Present: William Drexel, Northwest Engineering, Paul LaPlante, owner
W. Drexel explained how this developed into two lots, with the Planning board approval of the subdivision. Now they are asking for a Determination of Applicability.
See Attachment #2 from the Planning Board.
B. Faneuf reviewed his site visit report from August 23, 2008.
See Attachment #3 Ecosystems Report.
J. Sheehan told Mr. LaPlante to modify the plans, leave the existing erosion controls, but repair them and put the erosion control on the plans. And maintain the limit of disturbance.
The Board will do a site visit on September 13, 2008 at 9:00am.
Motion: To continue, with the applicant’s permission, to September 17, 2008, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
223 Worcester Providence Road
DEP#303-0671
The Public Hearing was opened at 9:10pm. 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, R.C. Massello.
B. Milisci explaine about Atlas Box and how they tried to keep the building out of the buffer zone. He reviewed the ANRAD information from 2007, the special permit from the Planning Board, and MEPA phase I and II. Phase I includes a 2226s.f. building, parking, access roadway and drainage system. Phase II will be the future 29,000s.f. building. The original address was listed as 221 – 225 Worcester Providence Turnpike, however the Assessors now have the address as 223 Worcester Providence Turnpike.
M. Briggs stated he would like the Conservation Consultant to do a comprehensive site visit and review the file, documents, plans, and project for any storm water issues. He then reviewed the wash out area.
B. Milisci replied they are aware of this wash out area and are in contact with the Wilkinsonville Waters District, but both are having problems contacting the Worcester Sand and Gravel people.
The Commission would send another letter to the Worcester Sand and Gravel people.
Motion: To continue, with the applicant’s permission, to September 17, 2008, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
CONTINUATIONS
66 Wilderness Road
DEP#303-0662
The continuation was opened at 9:50pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of construction of a new single family house, new accessory lake building and their associated grading and utilities, repair and raise existing retaining wall 18 inches along the lake front.
Present: Mark Allen, Allen Engineering, Henry Lane, Applicant’s Attorney.
M. Allen reviewed the revised plans with a few minor changes from the last meeting. The biggest change is the retaining wall near the lake. They will not use an 8’ wall, but would put two tiered 4’ walls as a terraced look. ZBA had an issue with the gazebo and was looked at as an accessory structure. The specs for the gazebo and docks would be given to the Commission. A double row of hay bales would be used along the water, which is on the revised plans. The Board of Health has the plans, but they haven’t received their approval yet. There are no access issues to this site from Wilderness Drive. These two lots are legally joined and the easement has been recorded.
Motion: To close the Public Hearing, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
Motion: To issue and Order of Conditions subject to no work permitted by this Order may begin
unless and until the applicant receives a subsurface sewage disposal permit from the
Sutton Board of Health which complies with both the requirements of Title V and any
more stringent local standards, and until a copy of said permit is sent to the Conservation
Commission and the Department, and the applicant be required to plant a low body of
shrubs along 30% of the disturbed area along the bank of Lake Singletary,
by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
107 Boston Road
DEP#303-0668
The continuation was opened at 10:15pm. 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: Paul Hutnak, Heritage Design Group, for Sandra Roy, Hair Inc., owner
P. Hutnak continued, with the applicant’s permission, to September 17, 2008.
Motion: To continue, with the applicant’s permission, to September 17, 2008, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
48 Griggs Road
DEP#303-0663
The continuation was opened at 10:15pm. M. Briggs read the hearing notice as it appeared in the Millbury Sutton Chronicle.
The project consists of the applicant proposes to raze and rebuild an existing two bedroom SFH with attached garage, install a new well and upgrade and existing sewage disposal system within the 100’ BZ to a BVW.
Not Present: Sean Hale, LEC Env. Consultants, William Fox, applicant for Estates of Lois Jean White
William Fox, the applicant continued to October 15, 2008.
Motion: To continue, with the applicant’s permission, to October 15, 2008, by
2nd:
Vote: 4-0-0
Enforcement Order review for release
8:30pm 172 Manchaug Road
Present: Michael & Karen Bronson, owners.
Motion: To release the Enforcement Order, dated May 8, 2006, by J. Smith
2nd: J. Sheehan
Vote: 4-0-0
M. Briggs stated at the site visit there was an issue with the dock.
M. Bronson said the legs of the dock are in a bucket with no wood into the cement pads.
M. Briggs said the dock was observed 30’ off the shore and does not have a permit. This dock is not on the plans, and the platform is not shown on the “As-Built” plan. Mr. Briggs explained, with the dock on the bank, this falls under the Wetland Protection act, which doesn’t allow you to alter, change, or do anything on the bank, which is subject to review. They need to file a Chapter 91 with the State, and file a Notice of Intent with the Conservation for the dock.
BOARD BUSINESS
The Board did not sign the Certificate of Compliance for 59 Hartness Road, the “As-built” has not been received from the engineer.
The Board dealt with a complaint on 6 Kart Road, off Manchaug Road about trees cut down and removal of stones from a stone wall.
The Board will do a site visit review for 65 Stone School Road NOI filing, and 97 Singletary Ave, the
replanting of the special elm trees.
Aldrich Dam on Dudley Road/B. Maranda, a letter was received that this Dam belongs to Mr. R. DeGaetano, not Mr. Maranda
Other Discussions on the enforcement orders release, MACC New Policy on Consultant Fee Appeal, and Order of Condition extensions, were continued to the September 17, 2008 meeting.
Minutes
The Board voted on the minutes of June 18, 2008 July 16, 2008 August 6, 2008
Motion: To approve the minutes of June 18, 2008, July 16, 2008, and August 6, 2008 corrected
by J. Smith, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
Motion: To adjourn, by J. Sheehan
2nd: J. Smith
Vote: 4-0-0
Adjourned at 11:40 pm.
| 
