Meeting Minutes of January 3, 2002

Present:  Robert Boisselle, Paul Locke, Nancy Naslas, Bruce Rider, David Valade

Correspondence

Massachusetts Urban Forestry Program, The Citizens Forester.  They talk about the Mass Relief brings trees to streets. This is part of a number of trees going in different types of communities and Melrose is going to get 48 trees on Grove, Meridian Sts. and Dell Ave.  Grove has gone over a major overall within the past quarter.  They have actually resurfaced, put in cement sidewalks and granite curbs.

The Mass Wildlife Association has a newsletter and their topic is regarding the bio map, the blueprint for conservation and muzzle loading firearms regulations, and archery for deer season.

The Association of MA Wetland Scientists has a 2002 Annual Meeting which will be Sat., 3/23, at Holiday Inn in Boxboro.  The topic is: The Effects of Climate Change on New England Wetlands.

Massachusetts Forestry & Parks.  This is talking about the 2002 service project opportunities.  They are looking for crews, crew leaders, qualified members, trail tools, food and group camping equipment.  It is trying to get things done in the forest areas in MA.  All applications are due 2/8/02 and they have their particular project description, project values.  It sounds like a grant that they are looking for different types of work to do as long as you feed them and watch them.

AMWS Winter Botany Class – Friday, 1/25/02, 9 – 4 p.m. at the Tower Hill Botanical Gardens in Boylston.  Workshop will include classroom lecture on the taxonomy characteristics of winter trees, shrubs and ground cover, vegetation found in the wetlands and upland area. 

Environmental Merit Awards 2002 – EPA would like to celebrate the hard work and environmental accomplishments of outstanding individuals and organizations in New England.  This includes how to nominate information and the form.

More Wildlife – This is concerning the eagle survey schedule for January 11 and preliminary shotgun deer season figures. 

MACC Newsletter – This is from the MA Association of Conservation Commission.  They are talking about the Annual Environmental Conference, which will be held in Holy Cross in Worcester, Saturday, March 2.  There will be workshops, training programs and exhibits.  They are also talking about advanced certification.  Watch for details in the Annual Conference issue of the newsletter.

Correspondence  - Continued

Environmental Concern – This is the 2002 workshop season and the Environmental Concern is putting on this workshop on the 30^th anniversary and the course is called POW, Planning of Wetlands.  It is a course for educators.  There is a whole series of agenda items.

National Heritage News – Talking about the bio map, Guiding Land Conservation for Bio-diversity in MA.    It talks about the details of the map and also publication, and land acquisition highlights in the Agawam area.

Letter from the Office of the Inspector General:

“I am writing to request your cooperation pursuant the MA General Law 12A, Section 9, providing this office with certain documents in the possessions custody for control of the City of Melrose.  Specifically, I request that the city assemble the documents listed below for review by this office at town hall.  However, it is not necessary to assemble those documents that have already been sent or made available to the office by the Parks Department or by other city offices and commissions:  all log books, fill delivery sheets, reports and records of the Mt. Hood Fill Delivery Project, all correspondence with private contractors pertaining to the Mt. Hood Fill Delivery Project for the period of 1-1-2000 to the present, including, but not limited to covers letters accompanying invoice forwarded to Gator Hood, correspondence directing or halting fill operations and notices to proceed.  All Melrose Conservation Commission documents pertaining to the Mt. Hood Delivery Project, including, but not limited to consultant reports, inspection reports, bi-weekly status report, modifications request and commission actions.  All minutes of Conservation Commission meetings held after 6-7-01.  All other documents including, but not limited to documents stored on the computer, hard drive or diskettes pertaining to Mt. Hood Fill Delivery Project.  Please make a request documents available on site for this office review no later than 5 p.m. on Monday, January 7, 2001.  If you have any questions, please contact Pamela Bloomfield, Deputy Inspector General for Management.  Thank you for your assistance.”

Bob:  I have called her twice.

Nancy:  I spoke with her today and she and one or more people from her office would like to come and meet.  We set up a time this Tuesday at 10 a.m. to look at our files.   She knows about all of our minutes.  She is very pleased about our minutes and she just has some questions regarding documents that we referred to in our minutes, if they have them all or not.  She would just like to take a look through the files and I am happy to unlock the cabinet and meet with her while she is here unless someone else wants to do that.

Bob:  This is from the Aquatic Control Technology.  This is the year-end report for the Aquatic Management Program at the Melrose Pond.  The report describes the aquatic management program at the Melrose Ponds this year.  The following tasks were performed as part of that program.  File for Mass DEPOWN license to apply at chemicals in March and April; receive approval licenses from Mass DEP in April and MA; pre-treatment survey in May; initial chemical treatment at Ell Pond & Towners Pond in June; post treatment inspections and water sampling in July; year end report 12/19/01.  Following is the pre-treatment inspections received of the MA DEP license to apply the chemicals initial treatment of both Ell & Towners Pond were scheduled for mid June. The treatments were carried on 6/15.  The treatment proceeded smoothly on both of the pond.  We returned to both ponds on 7/20 to check on the treatment effectiveness and take water samples from all 3 ponds, Ell Pond, Towners & Swains.  Treatment of Swains Pond was not scheduled this year, however two inspections of the pond were conducted this year.  Both inspections revealed continued control of the submersive non-native fan worth weed which was treated with Zonar in the summer of 2000.  After concluding the treatment programs at Towners Pond and Ell Pond and in monitoring the Swains Pond, all 3 ponds look great.  The invasive plant growth was brought under control in Towners Pond and Ell Pond, and the exotic fan worth weed was just beginning to return in Swains Pond.  During the course of this year’s management program we observed no adverse impact on fish or wildlife, nor did we receive any reports of ill effects from area pond residents or other visitors to the pond.   We look forward to continuing work with you in the management of the Melrose ponds and a formal proposal agreement will be sent out sometime in January and February.  If you have any further questions or comments, please call our office.  Kevin Clancy, Biologist; Joe Smith, President

Aquatic Control“

Bob:  They have also completed a water quality analysis.  It was sent to Microvick Laboratories of Marlboro, and it gives water quality and is good overall on all 3 ponds.  The only thing that looked at here was Ell Pond, ______________ was 80, Swains Pond was less than 10, and Towners Pond less than 760, which I thought was unusual.  Organisms less per 100 millimeters.

Nancy:  It sounds like the lab messed on their ________________.

Bob:  I am hoping that is what it is because I think the _____________ in Ell Pond was quite high independently of the Ell Pond Improvement Council did an analysis after a rainstorm and they have some real high counts, over 2000.  Basically, this is not swim able waters at this point.  Next year they are recommending for Ell Pond initial herbicide treatment for $2800; follow-up altracide, if needed, $1100; Towners Pond spot treatment of submersible and floating leaf vegetation algae treatment $3300; Swains Pond Zonar treatment $4500; and continuation of the sampling collecting and laboratory analysis just about $1100 for a total of $13,000 for the budget for the ponds.    I have the final bills here for $537.50.

Voted:  to pay this bill.

Summary of Ell Pond Improvement Council Meeting – 11/1/01

·        Concession Stand

The committee discussed the concession stand that the Melrose Youth Soccer folks are proposing for the knoll area.  The Parks Commission met on 10/11 and voted 3 to 1 to approve the motion, subject to a site visit (the commission may recommend a smaller building or adjust the location) and subject to approval from the conservation Commission.  Len Peterson has knowledge of a MA law which may hinder the soccer Association’s ability to gain approval from the state.  He has sent a petition for review and is awaiting a response.

• Ask Elly:

Ainsley Donaldson has been working on Ask Elly articles for the Melrose Free Press.  Topics may include: land use history, geological history, wildlife and birds, tees and wetland plants, indicator organisms, grants, gees and the hazards of feeding, Desforges Park, water quality, watershed function, and activities folks can do to help.

• DEM Pond Grant Program:

Dave Dickerson explained that the committee might quality for a Dept. of Environmental grant.  Shoreline improvements which may be funded include dismantling the exercise facility, installing the last section of the walking path, water quality monitoring, installing a wooden guardrail at the knoll, and planting additional trees and shrubs.  The estimated cost for all these improvements is approximately $20,000.  the committee would pledge $2,500 toward shoreline improvements in exchange for receiving a grant of this size.

The committee discussed the need for historical research on the knoll area and a historical survey. This research is necessary in order to have the knoll designated as a historical site, at which time historic landscape grant money could be available for restoration activities.

The committee agreed to ask the Parks Commission to address relocating the annual Firefighters’ carnival away from the shoreline.

Needed:  Melrose Conservation Commission members

Bob:  If you read the Melrose editorial section last week, the conservation commission is looking for a good men and women to help keep an eye on the city wetlands.  The topic of the subject was “Don’t sling the mud, manage it”.  Several commissioners have stepped down on or about to, and one is because he moved out of Melrose, and the other two, Bob Boisselle and Peter Mortimer, because they were elected to the Board of Alderman.  The commission is looking for individuals with engineering, conservation, legal or environmental background and/or concerns for the environment and would especially like members with knowledge of wetlands.  The volunteer position involves two meetings per month, as well as occasional site visits and workshops.  If it sounds like a job for you, send a resume in c/o Robert Boisselle, Melrose Conservation Commission, Melrose City Hall, Melrose, MA  02176.

Melrose Public Library

“My thanks to the Melrose Conservation Commission for a wonderful collection of books and other materials for the Melrose Public Library.  Obviously great care was taken in selection of the materials.  These books and videos will go a long way in helping to strengthen our collection.  The depth and breadth of materials will be of interest to a broad spectrum of library users.  Kindly extend my appreciation to all members of the Melrose Conservation Commission for their ongoing support for the Melrose Public Library.  I am grateful.

Dennis Kelly, Director”

Emergency Drought Regulations for the purpose of determining what other stream is perennial and has riverfront under the Wetlands Production Act.  This was sent to us from the Wetlands & Waterways of DEP and gives definition of ponds and the drought advisory type message that will be on the air.  It also gives the physical effects and small business effects.

Proposed Mixed Use Residential Development for 2-78 Main Street,

From:  Denise Gaffey, Acting Director, Office of Planning & Community Development, City of Melrose.

“On 10/25/01, I sent you a memorandum outlining the Planning Board process with regard to the request by Pembroke Real Estate for a Special Permit for Multi-family Use in a Non-residentially zone area (BB1), to permit a 579 residential unit development (400 units in Melrose and 179 units in Malden) with a 20,000 sq. ft. retail component.  At that time I mentioned that the Planning Board is interested in receiving your written comments about the proposal to assist with the review process. 

As you are aware, the Public Hearing process is currently underway and has been continued to Thursday, January 17, 2002.  On January 17, the Planning Board will begin to discuss the results of the studies undertaken by the peer review consultants.  If you are planning to comment on this proposal, the Planning Board would like to have your comments by this date as well.

Please note that the traffic, reengineering and fiscal peer reviews will be completed by January 7, 2002 and the architectural peer review will be completed by January 11, 2002.  This will allow you the opportunity to review the peer review comments prior to submitting your comments.  Also, note that you can view Pembroke’s consultant’s studies relative to traffic impact, fiscal impact, and infrastructure from the link on the City’s web site at www.cityofmelrose.org.  A link will be created for each of the peer review reports when they become available as well.

Please let me know if you have any questions about the Planning Board process with regard to this application or if you have any concerns with the January 17^th deadline for providing comments.”

From DEP – Possible Violations of the Wetlands Protection Act

From:  David Kennedy

“On 12-24-01 the office received information concerning a possible violations of the Wetlands Protection Act at the following location:  197 Olive Ave. Extension.  Work may be proceeding in a resource area and/or buffer zone without a Notice of Intent and Order of Conditions.  The department requests your assistance in this matter.  Please advise the department of your findings and intentions of pursuing this possible violation.” 

Bob: Where is Olive Ave. Extension?  Sometimes you get close to Malden/Wakefield line and it overlaps.  Find out the location and the one living closest to it can follow it up.  We will look up the location after the meeting.

David:  I don’t think Olive Ave. Extension is in Melrose.  I have never heard of it and I can’t find it anywhere on this map. 

(Note:  Bruce Rider followed up on this site and attended a Malden Conservation Commission Committee meeting on 1/8/02).

Melrose Conservation Commission Budget

As of November 30, 2001, in the contractual account there is $20,368.  Supplies and material $434.  Dues and memberships, $315.  Conventions and meetings $880.  Total conservation budget at this point is $24,143.

76 Bay State Road – David Fimiani

We have a request for Determination of Applicability from David Fimiani.  This is occurring at 76 Bay State Road.  The work description:  “I would like to add a 12 x 12 sunroom where my existing deck is.  My downstairs family room has been flooded 5 times and we need the additional room.  I am replacing the existing deck with a new deck, with a sunroom on top of it.  No soil will be displaced.  All work will be done on the pilings or footings. No slab. There is an existing deck with footings already there.  They will be replaced by a deck and footings.

Bob:  We usually follow this up with a site visit.  Paul will follow up this Saturday morning.  The way it looks like here, the way you are describing it, if you are just putting it on the original deck itself with no slab or anything else on the original footings, I am not sure if there is any problem at this point, but you may want to look at it.  Is it in some sort of floodplain or are you close to the stream?

David Fimiana:  There is conversation land behind me where it has flooded so many times.

36 Slayton Road – Public Hearing

In accordance with the provisions of Mass General Law, Chapter 39, Section 23B, the Melrose Conservation Commission will hold a public hearing Thursday, 01/03/2002 at 7:45 p.m. in the Mayor’s Conference Room, Second Floor, City Hall.  The purpose of the hearing is to discuss the Notice of Intent submitted by Hayes Engineering for the proposed construction of four (4) single-family homes, driveways and associated grading at 36 Slayton Road in Melrose.  Any interested persons wishing to be heard in this discussion should appear at the time and place designated.

Melrose Conservation Commission, Melrose Free Press, 12/27/01

Bob:  The applicant will give a presentation and from there we will open up questions from the commission to the applicant and then we will have discussion from the public.

Mr. Peter Ogren, Hayes Engineering, representing both the City of Melrose and also Mr. Confalone, who is actually the owner of the land.  With me this evening is Theodore Regnante, from Regnante Sterio & Osborne in Wakefield who are attorneys who represent the Confalone interest. We have made a couple of adjustments to the map in accordance with our last discussions and I have copies for the commission, and in addition I received a call from Mr. Lynch and he felt that the issues that involved conservation, that he wanted to address had been addressed, but he asked for one change which I will explain as well.

Basically what has happened is we started making an application for this project sometime before the summer and the original hearing was held.  At that time there were some issues raised with respect to the partial flooding that occurred on this driveway location.  I should go back and explain the plan which I will do in a minute.  There are a number of things that have taken place since that time.  We have had an opportunity to meet with some of the public safety officials, etc., which finally brought us to this point.  The commission felt, and I think rightly so, that there should be a new advertisement and we did send new registered mail notice to abutters because of the amount that it has gone on.  By means of review, the proposal cost for the construction for new single family dwellings on what was the Confalone property off Slayton Rd. in Melrose.  As you look at this map, north is sort of down and to the left, south being obviously then up into the right.  This entire thing takes place on the northeast side of Slayton Road, and what is basically proposed is the construction of three fairly modest dwellings right off of Slayton Road and driveways accessing them directly, and then the construction of one single dwelling back where the old original Confalone homestead was which was something that they dated back to I believe the 20’s and the 30’s sometimes, and has been abandoned for a number of years.  I think it is fair to say that in review it was determined that there was bordering vegetated wetland on the site that was flagged actually by another consultant, not Hayes Engineering, but I believe we are on basic agreement with the line.  That line actually was reviewed by the Conservation Commission as well, and that shows on the plan. Once we determined that we were in the resource areas, we knew we would have to file, and we did so.  I think that the first three dwellings that we proposed raised not much question, and they accessed directly to Slayton Road.  The utilities would access directly to Slayton Road as well, and there was some concern shown for the potential access to the house in the back, although I did point out at our last informal discussion with the commission, that was actually the historic access to the house that was there for many,  many  years, and that concern revolved around the fact that there has been some flooding observed in this area to a depth of about 6 – 8” across the roadway itself, and to that end we arranged to meet both with the City Engineer, and also with the Fire Department in concerns rather there were concerns for access.  The Fire Department looked at it and based on the cross section that we proposed, which was a 12 ft. wide driveway with 2 ft. shoulders on either side, they felt there would be adequate access from en emergency standpoint, and we specifically agreed in this instance to put residential sprinklers under an FDA code in the dwelling itself, so that while access may be somewhat limited, the house will have the additional protection of having a sprinkler system in while this might be somewhat odd to include in an Order of Condition because this is really the last stop that we have in terms of moving forward.  We said we would accept an Order of Conditions which had a condition that required that particular dwelling be sprinkled so that the Fire Department had a way of closing a loop on that in terms when we get our Certificate of Compliance to know if the house was constructed with a sprinkler system.  Subsequent to that there was some further review of the plan by the Conservation Commission, and I think that there were basically two items that were brought up of concern.  One was that the driveway, while in itself is what I believe formerly a partially macadam roadway, partially maybe penetrated road, that went into the dwelling, that there was not a lot of definition on it, and there was concern that in snow or in ice condition that it might not be well defined.  I offered that could be perhaps best handled by placing what we have shown here is 4 x 4 posts which would have reflectors on either side, on either side of the roadway so that they could be easily identified the way in, and we have indicated that they would be at 30 ft. spacing along the driveway itself, basically opposite each other, so that they could kind of well define that roadway. I think the other point that was made was that in a plowing situation maybe if there is a lot of snow, where the grade of the driveway is very close to the grade of the adjoining wetland that there might not be good definition as far as that is concerned, so it would serve to provide that as well.  I also had pointed out that we changed the location of the sewer and water lines.  In talking with Mr. Lynch about how they might be done, I think it is fair to say it was his preference that we put them both on the southerly side or one on top of the other with the proposed sewer being on top of the proposed water service, and in each case then being incased in PVC pipes so that PVC would be installed, the 2 utilities would be slide through the PVC pipes when it is done, those pipes would go and extend to the limit of the wetland crossing, so that if should they need repair in the future they could actually be cut and slipped back through the line.  It also provides additional protection in terms of any kind of leakage either way, leakage into the sewer line from the wetland or vice versa.  The last issue that came under some discussion was the fact that the proposal calls for the filling of approximately 1360 sq. ft. of what has been identified is bordering vegetated wetland.  I would point out that while I think this land has the characteristics of bordering vegetated wetland in terms of vegetative type and it is mostly _________ that have grown across the driveway in this area, it really isn’t bordering vegetated wetland in terms of soil types because it is right along the old filled section even though it now has some characteristics of hybrid soils

because it has been a number of years.  I think the dry wood was probably built as I said in the 20’s or the 30’s, so it has been out there for perhaps.  It shows some hybrid soil types, but the soil profile is not normal in that below that there is some fill material over what I have referred to as a cordoroy road  or road that is supported by basically wooden timbers that is laid below or in the water cable, and then the natural soil profiles underneath that, so the area that we are calling the area of disturbance is really the area that has been disturbed before with the exception of the temporary disturbance that is required along the south side of the roadway or driveway in order to provide the utility connection.  Nonetheless, that particular disturbance, as it is applied for now would require replication area, and we have indicated it in kind of a triangular shape that falls its topography up at the kind of northerly, northeasterly section of the property.  There had not been a specific planting plan that was provided for that area, and I have in the new plans shown what my botanist has suggested for a detailed planting plan.  I have shown a detail of the planting plan which has been suggested by our staff botanist, and we were also asked to look at what mature tees and what might be there, and I can preface those remarks by saying that I think probably historically all of this was in a field condition.  I don’t know exactly how long ago, but the growth that is in there is for the most part not very mature, a lot of it is kind of an _______ growth, but the more mature trees that were identified and our botanist felt that were some advantage in saving those trees, that would be these two locust trees that were about 12 or 18 inches in size, or it is not a hugely old tree, those are a fairly fast growing tree.   This is an additional maple species that was kind of over in the very corner of the replication area, so we have indicated those three trees to be saved and then a planting can take place with winterberry, add some red maples which are wetland species, just to give a canopy over this area, and also the suggestion is how this might be graded.  We have also included in the paperwork a letter describing the changes that were made, as well as some additional description as to how the planting should be done, and also the suggestion that there be a review on two occasions by a botanist after the replication is completed.  The one last change that really doesn’t deal with wetlands, but I would like to point it out in the sense it is different than the original plan that was submitted, is the configuration of this house was changed.  Mr. Lynch called today and said “this doesn’t actually deal with maybe a wetlands consideration, but the public works would rather not see a driveway right opposite Sycamore Road.”  I don’t think there is anything in the regulations that say that you can’t have a driveway like that, I am sure there are other places in town where you can figure out that they have, but they would rather not have it.  I think that goes to plowing and some other aspects of it, maybe traffic flow.  I  said “well, the reason we put the driveway on what would be the northwesterly side of the house was because that is where the house was the narrowest or to the limitations of the bordering vegetated wetland, so in order to put the garage on the other side we would really have to because this is too narrow then to accommodate a normal configuration of a house, we would really need to add something to the footprint here, so in sort of a compromise situation I cut this down to 20 ft. in width, and added an additional basically 10 ft. behind the garage area so that you could have a normal depth garage and still figure on having a kitchen and dining area behind that.  That is, of course, something that is going to have to be looked into a little more detail when somebody actually goes for a building permit, but that change was added to the plan, as well as one other engineering change which was to make the sewer discharge such that there would be gravity sewer coming from the property itself and to the sewer manhole and force main for the sewer pump that is provided for this dwelling in the back with discharge into a gravity manhole, and then by means of gravity flow into the Slayton Rd. sewer.  I think that covers in fairly detail first of all the changes that were made as a result of discussions that we have had with various public officials, and I have summarized the 4 or 5 changes in a letter that I brought to the commission this evening.  With that, I would first ask Mr. Regnante if he has anything he would like to add to the presentation, and then be pleased to answer any questions from the commission and interested citizens that are here this evening.

Mr. Regnante:  I think Peter has covered everything.  The only thing that I can recall is that we had agreed to one other condition, the salt prescription on that driveway.  I wanted to remind the commission that this has taken place as a result of this is the settlement of the litigation that took place between the city and the developer and we have worked very carefully with Mr. Lynch and the Fire Department to address all of the issues.  The one thing that will happen, assuming that the Conservation Commission issues an Order of Conditions, is that Public Works will then under the settle agreement clean out the drainage ditches outside of the property wherever it is necessary under Mr. Lynch’s condition to improve the situation.    I will read you what it says in the agreement.  “Upon acquisition by the plaintiff of the necessary regulatory approvals the Department of Public Works will clean out the drainage ditches so that the ditches connect to and drain into the city’s drainage system.”

Nancy:  What are the circles around this building on Lot 1?  Does it have anything to do with the driveways?

Mr. Ogren:  I am not exactly certain what that represents?  It might have been something that was done in the drafting in order to ensure that the setback was the requisite setback.  I think it is 20 ft.  It does not really accomplish anything as far as the plan is concerned.  It doesn’t have any meaning as far as the construction as proposed in the plan.  It might have been something that was used in the construction of the geometry and not taken off the plan.  I think it shows the 20 ft. setback at that location. 

Nancy:  For this project are you going to be adding any fill to the site overall, or are you going to be reducing the amount of soil that is already there.  What I am trying to get at, is this property going to hold as much water after your project during flood conditions then it will before this project?

Mr. Ogren:  I think the answer to that is yes, because the way we propose to do it is to actually cut out some of the material that is in the area that now are floods, it’s in the wetland area, and if you recall we described putting down GEO fabric, this was way back in the original proposal and then paving over it in 2 coats.  That is to distribute the wheel load so that the GEO fabric will distribute it to the soil.  The reason we are saying to cut it down to 3 inches is because we need to put about 3 inches of material back so that there should be no decrease in volume.  There is a very little bit of bordering vegetated wetland that is along this hedge right in here, but there is excavation in this location at about elevation 102 that will provide additional storage, so I don’t think from a net standpoint this material actually has to come out and leave the site, and the material over the excavation over the utility lines will be excavated and then returned to its natural condition with that same material.  From a net standpoint there won’t be required to be, in my opinion, any net fill on the site that is going to take space that was flood storage.

Bruce:  What about the ___________________

Mr. Ogren:  This was covered  in the initial plan, but I can just review it.  There is a 30 inch clay pipe there and part of our belief is that if you tried to look through it, you really can’t see it, it looks like it partially collapsed.  In fact, the Fire Department I believe said that they think they  might have caused that to collapse when they went into this house.  This house I guess was lit on fire when it was abandoned.  That is my understanding anyway.  That was an old clay tile pipe so that it is at least partially blocked.  The proposal calls for removing the clay tile pipe and putting in high density polyethylene pipe which is installed to take the H20 wheel load and that will give us a new pipe going through. That perhaps will help in terms of ensuring that this area drains the way it did historically because it is exactly the same size pipe, and we have a note here that we are going to put flared end sections on it so it has a proper entrance, and that we are going to match the existing floor lines of the existing 30 inch pipe, so what that means is the hydraulic capacity that existed back when this house was built will be restored, so it will be restoring the hydraulic capacity in here and probably helping a little bit in aiding water to get out of this area.

Bob:  The drainage will be improved in that area.

Mr. Ogren:  Yes, although I think you are going to hear from the people tonight that his back-up that may occur relative to the downstream drainage situation.  That is something that the city has from time to time tried to address, and it there is actually another part of the program to address that.  I am not here to represent that it is going to alleviate that situation, but I have talked with Mr. Lynch myself about it, and I do think that at least in the long range plans there is a proposal to help that back water situation as well.

David:  So the only change you are actually making on the property that should change the water storage or the flow is replacing that pipe?

Mr. Ogren:  It is replacing that pipe and in order to get a consistent 12 ft. width, there may be a ft. or so additional widening along the causeway here.  We want a 12 ft. width with a 4 ft. shoulder on the utility side and a 2 ft. shoulder on the other side, so we need a total width of 18 ft. right in this area here. I think it means a widening of about a foot or so right along in there.

Nancy:  So it will be wider, but not taller.

Mr. Ogren:  That is correct, not taller.  We are going with the existing grade.

Public Hearing

Is there anyone who has not objection to the project at this point?

George Carroll, 21 Bow Street:  Bow Street runs parallel with Slayton Road.  The piece of property you are talking about is a swamp.  There is a foot of water in some areas in there.  You are talking about putting in 1300 sq. ft. of dirt, fill.  Part of that road you get right there is partially underwater at times.  I am saying to myself who is going to put a house in there with all of this water in the area.  Also, the storm drain for that area  goes under Slayton Road, goes through Beaver’s property on Slayton Rd., comes through my yard.  When we get a heavy down pour, and I am the lowest area on Bow Street right there, I get water 1 ft. above my cellar door.  That means the drainage system they are talking about right here, that is added water coming right into that low area because the whole area is a floodplain.  I think I have problems.  I am really going to have problems when this thing is all done here.  All we have hearing over the years, going back 10 years,  “we are going to take care of this to relieve this”.  Nobody does anything.  There is a pumping station down on Upham St.  It doesn’t work.  It has to be rebuilt.  They moved one of those drains in my yard one time and for almost the whole year I never had a back-up in the yard because there are drain basins in the backyard, so when you get a heavy downpour the pressure is so great, water comes out this high like you wouldn’t believe, and it only takes about less than 10 minutes and the whole backyard is under water.  If the rain continues for six hours, the street goes under water.   These drains leave my yard, go under Bow Street, go through the property on the opposite side of my street and then it heads up to Sycamore.  It is beyond capacity right now, the whole drain system.  We are just looking for big trouble.  Did you ever watch a house when it had the downpour and see the water pour off the roof?  A lot of water comes off a house.  I would say there is about 7 or 8 houses that have been built in the area up there in the last 7 or 8 years.  They just keep adding to what is inadequate right now.  I think there is going to be a problem.  You can see this piece of property after 2 or 3 days of rain.  It is a plain swamp.  There is a house on Bow Street (2 houses after me) that was built less than 2 years ago and she can’t touch the back yard.  The back yard is a swamp  There was hay bales across the back yard, so now they are deciding he wants grass in his backyard.  He had an engineering firm up there last week to see what he can do, but is a hole, like a dish.  The water just settles in this area and just stays there.  All winter long it is going to be there.  It will probably dry out just before summer.  He cut all his trees down in the yard.  I guess he can do that somebody said.

Ralph Delorie, 39 Slayton Road:  I apologize for being a little bit late.  I probably am the most familiar with that piece of property.  I have lived across the street from it for 30 years.  I knew Mr. Confalone.  I know Jim Confalone.  That roadway that is going down that piece of property, probably in the last 30 years, has gone down about 2 ft.  This has been an exceptionally dry year.  Most of the time that road has 1 – 1 ½ ft. of water on top of it.  That soil where the 3 houses are is probably all peat.  It is going to require pile foundations to build on it.    The house in the back where the original farmhouse was probably will sustain a foundation because I believe the soil up there is strong enough to support it.  The big problem that we have here is not only the floodplain that represents this area, it starts at the top of Mt. Hood.  I personally was in #2 pond up there cleaning the screen in 1998.  The city was going to replace that ________ gait.  They were going to change it.  They were going to fix it.  The water coming down from Mt. Hood off the 2^nd pond in a flood comes right down the hill on Mt. Hood Terrace.  Two houses gets flooded, comes in the back yard, plus my yard, flooded my cellar that year and took out the oil burner, and now what is happening – the drains on Slayton Rd., the water is coming down so fast it cascades over the drain.  So the driveway cut is existent right now.  It is a receptacle for all the water coming down Slayton on that side of the road and half of it on our side.  The big problem you are going to have with this property is as George Carroll mentioned, the pump station is not taking the water out.  I believe it was 1983 or 1984 I was with Mr. Confalone and the city engineer at that time and the water department.  They were going to change the pipe going across the golf course and divert that water off that property to the pump station.  They did some work on it and it never worked right ever since.  The water has never drained out of that piece of property.   The city still hasn’t fixed up Mt. Hood.  I spoke to Tony Salamanca.  I spoke to Joe Lynch about a drain up the top of Mt. Hood parking lot to catch the water before it cascades down and nothing has been done.  The ________________ which I have a letter from the city which says it is going to be fixed in 1998 has not been done.  If anybody is going to do anything on this property, the first thing I would recommend is that the drainage system has to be fixed by the city and to make sure the property is drained and the pump station is working or rebuilt, or whatever.   The problem is that the city doesn’t have the money to do it.  Any kind of construction is going to disturb things, but it can be done in a sound way, but you have to make preparation for the soil, the drainage and all those things ahead of time and the big problem here is we have all this track of land, everyone wants to build on it.  At one time they thought that maybe the Conservation Commission would buy this property and just leave it as a floodplain, clear it out, fix it up and let it be a drainage area for that entire Mt. Hood area, but the big problem now is nothing has every been done as George mentioned.  Until something is done with the pump station and the drain cuts across the corner of the golf course, that water is always going to be standing there.  Like I say, that roadway, you said it wasn’t going to be raised, but since 1970 I know it has gone down at least 1 ft., and if I look at my pictures and take a closer look, it is probably closer to 2 ft. it has gone down.  Where the bottom house is there just beside the driveway, just on the north side of the existent driveway, I have an old car parked there and the only reason that ground right there is stable is back in the late 70’s, Mr. Confalone allowed the Boston Gas Works to bring in concrete slabs from a project and they are buried right under where that car is, and that is a solid piece of soil right there.  I know there are concrete slabs there because the woodchuck lives right underneath of the side of the driveway.  If you want to see a woodchuck in the springtime, he lives right there.  That is a solid piece of ground only because those slabs are sitting there and it spreads the load out over it.  I don’t know if there are any questions I can answer for you, if anybody has any questions I will be glad to help you out with them.

Mr. Ogren:  Maybe it would be helpful since the issues have been raised.  We could have some response just in terms of understanding.  I am familiar with the property as well and I am a little bit confused as by what has been reported.  You talk about the pumping station on Upham St.  That is a sewer pumping station to my knowledge, not a drain pumping station, and I do know that historically, and I lived a number of years in this general neighborhood, I do not that has gone over the top, in fact there used to be an emergency overflow from there into the brook.  It allowed the sewer to discharge.  That should not, however, be affecting the capacity of the drain.

Ralph Delorie:  But it does, the reason being that they always believed that the people on the upper end of Slayton Rd., Stillman, Mt. Hood Terrace, up in that area, are pumping into that sanitary sewer when there is a flood.  I don’t know if the city has ever checked it.  My sump goes outside. My neighbor’s sump goes outside, but I have a toilet in the basement in my house.  When there is a ft. of water in that driveway, the water is up under the slabs.  Now I also have a problem when there is water down in that driveway because my toilet backs up, and I have to have a check valve on that sewer pipe because the water from up the street is getting pumped into the sanitary.

Mr. Ogren:  That could well be, but that is not a draining ________.

Mr. Delorie:  No, but the same sanitary you want to tie into is the one you are talking about on Slayton.  That is not of capacity now to handle it.

Mr. Ogren:  Those are 2 independent things.  There is no question that we do propose to tie these 4 dwellings into the sanitary sewer, and I do know going back when I was a child, and I am 56 now, there were problems with overflowing down the street pumping station, and I don’t doubt for a minute that should be changed, but I don’t think that is a reason that you can deny the sewer _________ to these 4 dwellings.  As far as the drainage is concern, somebody said they have done nothing for years, they actually did spend a fair amount of money 3 or 4 years ago, and we have had an opportunity to review with the commission going out there on the grounds.  I do think there are some problems as far as it working.  I think one of the issues was that they need to actually lower the next pipes to my recollection go down Plymouth Circle. That work was not completed 3 or 4 years ago when they did this other work.  It is my understanding from talking to Mr. Lynch that they do plan to do it at that time, and that is one of the reasons they have the condition that you have out there.  I don’t think there is much question that probably dating back to when the golf course was being built, there was disruption to the flow patterns in that area, maybe even the construction of Plymouth Circle.  I recall back when that was built as well, maybe when that was done it was a disruption to the flow patterns.  What was described to me that even though they did make an attempt to lower some flow lines, they not only had they not cleaned the brooks, they have excavated a whole new brook under referral of the Conservation Commission that goes through the golf course goes to a _______, and also discharges to that circled pipe. What Mr. Lynch said is they need to not lower that circled pipe and increase the capacity of that going down to the _________ brook that runs around Upham Street, so the systems are independent and I don’t doubt that there have been some sewer back-up issues, and I also don’t doubt that at some extent they are acerbated by the fact that there are some cross connections in this neighborhood, but I don’t think that is the reason to say these shouldn’t have it.  As far as the sinking of the roadway, I don’t think that I really agree with that. 

Peter Mortimer, Alderman of Board 6, 21 Leonard Road:  What do you mean by cross conections?

Mr. Ogren:  A cross connection is a drainage and in this case I am referring to a cross connection as a drainage that enters a sanitary sewer.  It is not permit able under sewer regulations today.   You are already a system here in Melrose.  It is not permissible to put your like solid sub drain or your sump pump to the sewer.  That is a cross connection.  That is probably someone else’s drain.  There are no more combined sewer supposedly in the entire system alone.  Basically, the two __________ are supposed to be totally separate.

Peter Mortimer:  I understand.  I know what you mean.  Sewer and storm, sanitary and storm drains. 

Barbara Mikalosky, 24 Slayton Rd.:  I abut the property on Slayton Road, the house on your left.  While you were speaking I made a few notes about the driveway sinking.  You are right, Ralph, I look at it every day.  When they had the fire, the fire engine went down and sunk and couldn’t get to the house to put the fire out.  That is #1.  It is all peat in here.  Just go up and look up it now and just see peat.  If you have ever been to Ireland or seen pictures, it is peat.  It was originally a lake.  If you look in front of that, Slayton Rd., right along there, the whole street has caved in.  When Ralph says the water comes down, it doesn’t even go into the sewers, it goes into the property, right over the curbstone, just look up the street or down the street in front of those homes.  I am afraid a car is going to hit it and roll over.  That is how drastically that street has dropped in the past and I have been there 35 – 36 years.  Now the drainage, I have pictures.  This is all of Mt. Hood and we have an agreement with the city and we gave them an easement to do that and twice a year signed by Penella, when the job was done.  It was this drainage on the golf course, it is supposed to be cleaned twice a year.  It has never been cleaned.  I think they went up once because we complained.  Amirault was there when we went up, whenever that was.  I have pictures.  There are supposed to be 4 holes for drainage, you can see 1.  These are 2001 pictures of Mt. Hood right over the fence along the back of this property.  I also have pictures of a deer on that land that they are going to build on in July. I have pictures of ducks that swim around.  There is wild life we are talking about.  That is my complaint.  It is a horror show.  I have more pictures if you would like to see more.  It is a lake.  Peat does not drink, it has to evaporate up there.  You put those homes in and we are going to watch them topple because my house is on tiling.   He can’t mow our backyard until July, that is how wet and how soft.  When we have guests we rope off a whole area there because the ground is soft. It is soft now and it has been cold, but you can see the moisture and the water.  We have maintained it for 35 years, but I feel sorry for those people who are going to go in there.  I have lived with it and it has gotten worse.  Living there I know what the problems are.   We were also advised to say if this goes through, those houses cannot be graded an inch higher than ours because you would cause more flooding for us.

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The commission reviewed and completed the Order of Conditions for 36 Slayton Road.

Voted:  to approve the Order of Conditions, including Boiler Plate and the Options just discussed.

ConantPark Drums

Nancy:  Regarding the drums at Conant Park, I wrote a letter to the mayor and since the mayor is currently in transition, Joe Lynch said he will have spoken our incoming Mayor Dolan today to apprise him of the situation, so we should be hearing back from them hopefully soon on what they are going to do about the drums. 

Vincent St./Property Across from Roosevelt

This property is within our jurisdiction and the tree work is in progress and it looks like clearing and the tree work will be done with the bill of not to exceed $1,000.

Nancy:  Have we received any interest yet in response for prospective members for the commission.

Bob:  No, but Mayor Dolan has expressed an interest and that he has received an application from a qualified individual and he would like to submit that application for review by the commission.  I mentioned to him that an attorney is needed.

Resignation of Robert Boisselle as Chairman

At this point I will be resigning and will do the rest of the paperwork here to finalize this particular project.  It has been a real experience working with you people.  It has been very enjoyable in the aspects of learning and going to commissions, and it is sad to resign.  I enjoyed those mosquito days in the middle of July.  This is my official resignation from the group and I informed the Mayor this evening that I would be resigning.  I will be taking a new oath of office upcoming the 7^th of this coming Monday and I will be on the Board of Alderman.

Nancy:  It is sad to see you go, but it is nice to know you will have us in your court as the Board of Alderman.

Bob:  We will be looking forward toward your budget in the upcoming months  At this time I have a key to turn over to an individual, the specific new chair.  We have been talking about this for the past weeks.  The question would be who wants the chairmanship at this point.  You can do a tentative chair until you have a full board and hold it for the next 2 or 3 weeks or a couple of months at the most.  I am always available.  Just give me a call and I will always give you some help. 

Bob:  Do I hear a nomination or a volunteer?    I think you are all well qualified to take the chair, and even those who are certified.  Thank you very much for the cake.  I would like to have a new chair to cut the cake, if possible.

Nancy:  I don’t work full-time, so if there is nobody else has an inclination to do it by default as I feel I have more time.

Paul:  I will do it if I have to.

David:  I think probably Bruce and I might have an issue if we did it with Fidelity problems on it.  One of the things they made us when we get rules like this is send a statement that say we represent ourselves, not Fidelity, and that we aren’t supposed to partake in certain financial things and having control of the budget and to chair would impact our job at Fidelity.

Paul:  I will make a deal.  I’ll be chair if you continue to the letters for things that I cannot that involve some meetings.

Nancy:  I was going to say I would do it if for certain meetings like tonight, the grueling ones, we took turns on chairing the meeting. 

David:  The hard part I can, the financial part and the time commitment of getting here during the day I just can’t do it.  I am not in Melrose enough to do that. If you want me to step in and chair at meetings in a situation like this, I would be happy to.  I would be very comfortable on keeping people in line if necessary, as tonight.

Paul:  If we agree to take some of the burden off of you, Nancy.

Nancy:  But only because too, you been on the commissioner longer, I think you know Melrose better than I do on some of the issues. 

Paul:  I nominate Nancy in office with the understanding that we will all help out.

David:  I will be happy to second the nomination.

Voted:  Nancy Naslas will be the new chairperson.

Nancy:  I will do it, but the full deal would be just not go public.