Bolton Conservation Commission
Minutes of Meeting
July 21, 2009
PRESENT: Sarah Greenough, Kevin Lord, Russell Sandler, Lori Stephenson, Amy Wilson
Maria Bermann and Administrator Carol Gumbart. Maria Berman interested volunteer.
1. Kane/Drake Petroleum, 460 Main Street (112-556) Kevin Lord opened a public hearing on a Notice of Intent filed by Consulting and Design LLC. Present to represent the owners were
Ron Fortune of Consulting and Design, LLC and Gail Ceresia from Berkshire Wetland Services.
Mr. Fortune distributed a revised “Utility Plan” for the site and two handouts of “Best management Practices” for the Commission’s consideration. Mr. Fortune explained how the storm drainage utilities function on the site. Mr. Fortune said the french drain collects water that flows into a trench drain, and into a catch basin, which Mr. Fortune said is really a manhole. Mr.
Fortune said it then flows into an oil water separator tank and then outfalls into the wetland. Mr.
Fortune said the devices in the handouts they distributed could be added to the drainage system for safe guarding the wetland. Mr. Fortune said that if the Commission wants to see an improved system they will go back to the vendor and get more information. Mr. Fortune said the drainage system was originally installed in 1997. Mr. Fortune said the oil water separator tank does not have an alarm system.
Kevin Lord said his main concern with the work is that it was done without Notice of Intent Mr.
Lord said he is trying to understand what other work has been done on the site and asked if the tanks had been replaced. Mr. Fortune said the tanks were not replaced but one was relined. Mr.
Fortune said the relining involves going into the tank itself. Mr. Fortune said he did not know if it is steel coated or plastic. Mr. Fortune said the tanks are off-line during the process of relining.
Mr. Fortune said there are a number of servicing requirements that need to be done including testing within a sump. Mr. Fortune said that if the testing shows that something fails they need to replace the part right away. Mr. Fortune said that within the tank farm filling tanks and replacing parts is done on a regular basis. Mr. Lord said that the Commission needs to understand what typical activities occur within tank farm such as replacing pads over tanks and over sumps. Mr. Lord said if there is normal maintenance the Commission can consider including it the Order of Conditions. Mr. Lord said there needs to be some kind Operation and
Maintenance Plan to handle this type of work. Carol Gumbart said that the Department of
Environmental Protection (DEP) called her last week because they were having difficulty understanding whether this is a new project or not. Ms. Gumbart said that after explaining the work that occurred she asked if they had any advice for added protection and a recommendation was to consider requiring an emergency shut off valve. Ms. Gumbart asked if there is any reason the grass strip along the edge of the parking lot needs to be mowed as a lawn and if it wasn’t would there be any benefit to the wetlands. Mr. Fortune said that they need to mow for site visibility. Ms. Gumbart suggested the rear of the mowed area may not need to be mowed.
After discussion about overland flow on the site Ms. Ceresia expressed concern that the
Commission is asking that the site be regraded. The Commission stated they are not looking for the site to be regraded. Mr. Fortune said that the company understands that if they need to breaking into the concrete the Commission will definitely require a filing. Mr. Lord said that the
Commission needs a daily O&M and to know what is done under Emergency Action so they can determine what normal operations are. Ms. Gumbart said that there could be a requirement that
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every 5 years the operator communicate with the Commission on O&M. Mr. Lord said that he would want annual submittals of the logs so we communicate more. Amy Wilson asked who was trained for emergencies that worked on the site about training. Mr. Fortune said that because it is a full service facility the managers and every cashier that is responsible on the site have gone through training. Mr. Lord said he wants to know that they will know what to do and who to call in an emergency. With the consent of the applicant’s representatives the hearing was continued to August 18, 2009 at 7:00 p.m.
2. Applewood Construction, Long Hill Road (112-554) Kevin Lord opened the public hearing on a Notice of Intent filed by Walter Erikson of Applewood Construction. Present were
Steven Erikson of Nourse Environmental Services, Inc., Walter Erikson of Applewood
Construction, Nella Perkins owner and her daughter Daleen Perkins. Mr. Steven Erikson said this lot was approved with an Order of Conditions in the 1990’s but it was not recognized as a
Riverfront at that time. Mr. Steven Erikson said the stream is shown as perennial on the U.S.G.S maps and is presumed to be perennial. Mr. Steven Erikson said they believe the stream is intermittent but the weather has been too wet this season to demonstrate that the stream dries up.
Mr. Steven Erikson said they procured an easement from the Perkins’ so they don’t have to fill the wetland to access the lot as previously proposed. Mr. Steven Erikson said they moved the house outside the 200 foot Riverfront Area (RFA). Mr. Steven Erikson described the plans noting the pressure sewer line outside the RFA. Mr. Steven Erikson noted the erosion controls are placed in a series to protect the wetlands and the retaining wall will protect the bordering vegetated wetlands (BVW). Mr. Erikson said they are proposing to alter 6% of RFA which is below the 10% allowed in the Wetlands Protection Act (WPA). Mr. Steven Erikson said the project is a “Limited Project”. Mr. Steven Erikson said this is the only reasonable means of access to the site. Mr. Steven Erikson said bridging the stream would impact RFA. Mr. Lord asked the Commission if anyone has seen the site. Lori Stephenson said she had not, but this stream was the same as the one the Commission had been discussing with regards to an alteration down the street. Carol Gumbart said the plans show an easement coming in on the other side of the Perkin’s house for the sewer line and she asked if access to the lot was considered over the sewer line. Mr. Steven Erikson said there is a big grade difference and the area is wooded and pristine. Ms. Gumbart said that there will be alteration for the force main and the applicant should explore alternatives. Mr. Lord said the Commission would want them to explore alternatives. Mr. Lord said the Commission should set up a site visit. Ms. Gumbart said the
Commission needs to look at the wetland line. Mr. Lord asked for the center line of proposed driveway to be staked and the sewer line. Ms. Gumbart said the functions of the resource areas under the Bylaw should be addressed. Ms. Gumbart said the applicant is requesting a waiver to perform work within the 25 no disturbance zone. Mr. Erikson said that he questions the alteration of so much more of an area for the alternate location of the driveway because it would be much greater area of disturbance and a longer driveway. Mr. Erikson said he understands the value of the wetland and RFA and thinks the amount of alteration in the upland will be a greater impact. Mr. ??? Erikson said that the prior Notice of Intent didn’t even look at RFA. Mr. Lord said the prior Notice of Intent may have been filed before the RFA. Ms. Gumbart said the town did not have the Bylaw when the prior NOI was filed. Ms. Gumbart said that she believes Mrs.
Perkins lot will need to replace her septic system and that there will likely be greater disturbance on the Perkins lot. Ms. Nella Perkins explained that the Town of Hudson granted her one sewer line hook-up and she had to decide which lot to use it on. Ms. Nella Perkins said that the Board of Health will not make any allowances for new lot but can get variances for failed existing lot, so she has proposed that the new lot hook-up to Hudson. The Commission suggested that they conduct a site visit on July 30 th
at 5:30 p.m. It was noted that Mr. Lord and Ms. Stephenson may
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not be available on that date. With the consent of the applicant the hearing was continued to
August4 at 7:45 p.m. Ms. Nella Perkins noted that the abutters have no concerns. Russell
Sandler asked about the some of the details like the retaining wall and drainage. After discussion, Ms. Gumbart said if they can’t find an alternative outside the resource areas the
Commission will need to see details on a the retaining wall, drainage plan and details on the stone check dams, and they will need short and long term Operation & Maintenance Plan.
3. Park and Recreation, Town Beach on Little Pond (112-553) Kevin Lord opened the public hearing on a Notice of Intent (NOI). Present was Karen Regan, Chair of the Park and
Recreation Commission. Ms. Regan said they completed a NOI and went forward with the work party activities planned this spring. Ms. Regan said the Operation & Maintenance is for an annual basis. Mr. Lord said that when he went to the beach recently he didn’t think it look like too much work was done. Ms. Regan said that on right side of the existing beach the removed 9 linear feet of vegetation but on the left side they didn’t finish. Ms. Regan said that from the
Maple tree and beyond needs to be finished. Ms. Regan said they also put sand in the water.
Ms. Regan said it took 4 truck loads as it was really depleted. Ms. Regan said they removed lots of debris from the water. Ms. Regan said it was a lot of work to perform this manually and asked if going forward they could use some small machinery? Ms. Regan said that pulling material from water was back breaking. Ms. Regan said they would like to use a small excavator and tractor to get material up the hill. They would use a small bucket to remove the debris in the water. Carol Gumbart said there might be concern with having the equipment in the water. Ms.
Gumbart suggested that they should have absorbent pads or oil booms available when the equipment is in the water. Ms. Gumbart said that the Department of Environmental Protection
(DEP) had issued comments regarding Water Quality Certification with the issuance of the file number. Ms. Gumbart said that she is not sure that the vegetation removal is of bordering vegetated wetlands or uplands or emergent plants in the lake. Ms. Regan said that on right side of the beach they did remove some shrubs. It was agreed the Commission will conduct a site visit after the Long Hill Road site visit and estimated the time to be around 6:15 p.m. Lori
Stephenson said that at an earlier meeting the Commission asked about putting sand out onto the ice to deposit the sand. Ms. Regan said that she has been exploring whether dumping sand on the ice if and when they need to replenish the beach again. Ms. Regan said that she contacted the
Town of Wayland but has not heard back from the DPW contact. The Commission asked if they could get heavy machinery out there in the winter. Ms. Regan said that now the sand will be brought down to the beach in the late fall. Ms. Regan said the bottom of the pond drops off quite a bit and the sand doesn’t have to go so far out. Ms. Regan said they will also need approval of the Boy Scouts (land owners) because their contract only allows work in the spring and summer.
With the consent of the applicant the hearing was continued to August 4, 2009, at 8:00 p.m. Ms.
Gumbart said she will send the Commission the narrative page from the NOI. Ms. Gumbart asked if the slope need to be raked for gulley’s periodically and if so it could be included in the
O&M Plan.
2. Park and Recreation, Pond Park (112-552) Kevin Lord opened the public hearing on the
Notice of Intent (NOI). Present was Karen Regan, Chair of the Park and Recreation
Commission. Ms. Regan said that the NOI is intended to formalize the Operation and
Maintenance at Pond Park. Ms. Regan said that it has been used for ice skating one year and then not another year. Ms. Regan said the O&M will help so that the work necessary to make it available for skating will be done every year. Ms. Regan said that Pond Park is within a priority habitat area and the MA Natural Heritage and Endangered Species Program (NHESP) needs to review the proposed work. Ms. Regan said in general they are proposing to mow and clear the
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brush so they can fill the area with water for skating. Ms. Regan said the area is approximately 1 acre in size. Ms. Regan provided photos taken about 3 weeks ago. Lori Stephenson said the area used to be used by the fire department every year for a bonfire. Carol Gumbart asked Ms. Regan if she could show where the mowing was done in the past and where they are proposing to mow as part of their routine practice. Ms. Regan sketched the area. Ms. Regan said another part of the proposal is to spray poison ivy so the Department of Public Works (DPW) can mow the area.
Ms. Regan said they would like to use the brush hog to mow it. Amy Wilson asked what is the point of spraying the poison ivy for an ice skating pond? Ms. Regan said the DPW employees are highly allergic to poison ivy and she’s been told that they refuse to mow the area if the poison ivy isn’t killed. Ms. Regan said the DPW typically uses rodeo to spray on the poison ivy.
The Commission expressed concern using an herbicide in an endangered species area. Ms.
Regan said an alternative she has been looking into is to use goats to eat the poison ivy. The
Commission said they liked this alternative. Ms. Regan cautioned that the goats eat everything not just the poison ivy. Ms. Regan asked if the Commission would find the work exempt from the riverfront area as a stormwater basin. Ms. Regan said the basin was excavated to impound flood water for mill operation. Ms. Gumbart said she would send the Commission the stormwater provisions. With the consent of the applicant the hearing was continued to August
18, 2009 at 7:30 p.m.
4. Favreau, 46 Nourse Road (112-514) David Favreau was present by appointment requesting an extension permit for a septic replacement system at 46 Nourse Road. Mr. Favreau said that the property is under an agreement for sale and the owner expects to complete the septic work immediately. Mr. Favreau said if the extension is permitted he would like to use straw wattles instead of haybales and siltfence. Mr. Favreau said the existing system has failed and there is a shallow well on site. Mr. Favreau said they are proposing to replace the well and septic system.
Mr. Favreau said the house has been occupied but the sale will permit the funds to build the system. Mr. Favreau said he requested and received a sewage disposal permit from the Board of
Health. Carol Gumbart said there are two culverts at the driveway that were proposed to be replaced. Mr. Favreau said the homeowner does not want to spend the money to fix the culvert pipes. Mr. Favreau said the northern pipe will likely be fully crushed by bringing equipment over it and he is prepared to replace that one. Mr. Favreau said the other culvert will not be replaced, Ms. Gumbart asked if the southern culvert will be able to handle the additional flow.
Amy Wilson said she did not think there would be a wetland issue if they don’t fix the culvert.
Mr. Favreau said he is looking for a one year extension and the Order expires July 26 th
. Mr.
Favreau said the wattles can be staked into the ground or can be crossed. Ms. Gumbart recommended that they be staked into the ground. Mr. Favreau said the grades are not very steep on this site and he has used the wattles on steep slopes. Kevin Lord said he observed that wattles were used along the construction of Route 111. Mr. Favreau said they will dig a moat for the new well and put the wattles around that. Mr. Favreau said there is high groundwater on the site.
Mr. Favreau said they well will be installed before the septic work commences. A motion was made by Kevin Lord and seconded by Sarah Greenough to extend permit for Taylor, 46 Nourse
Road for one year from expiration. VOTE: Aye, unanimous. The Commission agreed to let the contractor use the straw wattles instead of haybales and siltation fence.
5. Nicewicz Trail (112-516) Carol Gumbart said the Order of Conditions permitting the boardwalk across the wetland portion of the trail was about to expire. Ms. Gumbart said that recently a senior tax worker agreed to build the boardwalk but it has not gotten underway yet. A motion was made by Kevin Lord, seconded by Sarah Greenough to extend permit for three years.
VOTE: Aye, unanimous.
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6. Emergency Certification, Harvard and Main Street A motion was made by Kevin Lord and seconded by Sarah Greenough to ratify the emergency certificate and allow stabilization of the slope with rip rap. VOTE: Aye, unanimous.
7. Gaby, 84 Sampson Road (112-519) The Commission discussed the wetland restoration report recently submitted by Mary Trudeau. Ms. Gumbart said the plants are all doing well except for those on Elizabeth Bagdonas’ property. Ms. Gumbart said the report recommends the
3 birch trees be monitored through this growing season. The Commission said if the trees don’t leaf out in spring they need to be replaced. The Commission said that Mr. Gaby should explain why they aren’t putting in the wall at the end of the riding ring, The Commission asked Ms.
Gumbart to find out if Dr. Gaby has any concerns with the honey suckle growing in the restoration area Ms. Gumbart said that the Deed Restriction was recorded but a Conservation
Restriction is still outstanding. Ms. Gumbart said she had hope d to get to it but has not been able to take care of it. The Commission suggested the Gaby’s should take care of it.
8. Joyce, 20 East End Road (112-505) Lori Stephenson recused herself from the Commission.
Ms. Stephenson requested a Certificate of Compliance be issued for work done to her property.
Ms. Stephenson said they loamed and seeded the front circle and grass is starting to come up.
Ms. Stephenson said they encircled the area with rocks as a temporary measure so no one drives over the area. Ms. Stephenson drew in the location of the driveway on the as-built plan. Carol
Gumbart said she visited the site and made a recommendation to issue the Certificates of
Compliance and noted there are no continuing conditions. A motion was made by Kevin Lord, seconded by Sarah Greenough to issue the Certificates of Compliance under the Wetlands
Protection Act and Bolton Wetlands Bylaw. VOTE: Aye, unanimous (Recused from the vote was Lori Stephenson).
9. Bower Springs Land Management Plan Carol Gumbart distributed compact disks containing the land management plan for Bower Springs Ms. Gumbart said once the
Commission has reviewed it she would like to put it on the web.
10. Fyfeshire Conservation Area Carol Gumbart reported that she attended the Fuss and
O’Neil kick off meeting. Ms. Gumbart said that Rona Balco and Harold Brown attended the site visit. Ms. Gumbart said they found a board missing from the upper pond and the water level in that pond was quite low. Ms. Gumbart said the consultants do not believe a failure of the upper pond will have an impact on the lower pond or dam. Ms. Gumbart said this would relieve the
Commission of the upper dam needing to be included in the Phase II study. Ms. Gumbart said the deadline for the Phase II Study is October and the consultants are moving along with the work.
11. Miscellaneous Carol Gumbart said the MACC is offering a deal on the Handbook, if you or2 the second handbook is half price. The Commission recommended that Ms. Gumbart find our if past members could return their copies and if they weren’t available she should purchase new ones for new members.
12. Upcoming Meeting Dates The Commission reviewed their schedule and decided on upcoming meeting dates.
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Respectfully Submitted
Carol A. Gumbart
Conservation Administrator
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