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Minutes of April 6, 2000
[Approved April 20, 2000]
Present: Robert Boisselle, Bill Dailey, Paul Locke, Nancy Naslas,
Bruce Rider, David Valade
It was voted to accept the minutes of 3/16/00 as written.
Fiscal Year 2001 Budget
Bob reported that he met today with the mayor and auditors regarding
the Fiscal Year 2001 Budget. We are submitting a budget for $33,035.
They reviewed it with interest, asked a number of questions concerning
some of the topics and they were referred to the document that was
submitted with the package which showed the break out with Towners
Pond, Swains Pond, and other treatments. They seemed to accept the
budget, but will be meeting again to finalize it and will get back
to Bob within the next week or two with the final numbers.
Correspondence
Annual Fiscal Year 2001 Grant Round
- Commonwealth of Massachusetts, Executive Office of Environmental
Affairs. "Dear Prospective Applicants: I am pleased to announce that
the Executive Office of Environmental Affairs, through the Div. of
Conservation Services, will conduct the annual Fiscal Year 2001 grant
round for the Self-Help, Urban Self-Help, and federal Land and Water
Conservation Fund Programs." This is for the development of outdoor
activities and purchase of parkland, purchase of conservation land,
and the filing deadline for the Fiscal Year 2001 Grant Round is June
1, 2000.
Environmental Expo
- An application to attend the Environmental Expo at the World Trade
Center is available for those who wish to attend. This Expo offers
6 tracks of educational information which is: Environmental Health
and Safety Management, Space Reduction, Drowned Fields, Drinking Water,
Air Pollution, Wetlands, Indoor Air, etc.
Bio Diversity Days
- Correspondence from Bob Durand concerning Bio Diversity Days, June
9-11. They have close to twenty to forty communities involved in this
already. It is basically taking an inventory of bio activities within
the community of plants, types, species, birding, butterflies, anything
that would show a biological type inventory. They are seeking an individual
in the town who will act as the Bio Diversity Day town organizer.
EOEA will give a lot of support in this type of operation. They did
a biological inventory in Lincoln or Acton and on that particular
day they found over 250 species of plants, birds, etc., backyards,
vernal pools, fields. They did a biological inventory of the community.
Bob will give a copy of this information to the Ell Pond Committee
and the Planning Committee.
3 Maple Terrace/Anthony L. Dantona
- Correspondence was read to Melrose Conservation Comm., Regarding
DEP File #217-113:
To whom it may concern from Anthony L. Dantona:
Work is scheduled to begin at 3 Maple Terrace on or about April
4, 2000. All work shall be done in accordance with the Order of
Conditions, and design and construction information given to Melrose
Conservation Commission and to Melrose Building Commission. Erosion
control will be in place at the time of construction. Bob Boisselle
will go out and look at the erosion control for the construction
of this swimming pool.
Aquatic Control Technology, Inc.
- A contract has been received from Aquatic Control Technology, Inc.
as their 2000 Proposal/Agreement for management services at the Melrose
Ponds. The total estimated project is $14,300. Bob will be signing
this contract and returning it to them.
4 Hemenway Ave./Gayle and William Rose
- The following was received by Certified Mail to Commissioners:
"While we were not surprised that you did not respond to our concerns
outlined in our 10-28-99 letter to you, we are disappointed in the
Commissions apparent lack of willingness to follow the law and the
Conservation Commissions charter.
We took time off from our jobs to attend the meeting of 11-18-99
only to be told there was not a full quorum present. We left that
meeting with assurances you would review the matter and provide
us with a response. In the aforementioned letter, we specifically
asked for a response in writing. To date, there has been no response.
In an affidavit submitted to Land Court by Mr. James Petrella,
dated 11-26-99, Mr. Petrella states 'Although I did recently repave
my driveway, it was merely a resurfacing of what already existed,
together with installation of an approximately six inch lip which
was suggested by the Conservation Commission as a way to improve
drainage'. Clearly, Mr. Petrella is stating he installed the berm
within the bounds of Hemenway Avenue with the Commissions full knowledge
and approval.
The area and issues described in the aforementioned 10-28-99 letter
is not now, nor ever has been part of any litigation. As such, 'pending
litigation' is not an acceptable response for the Commissions lack
of action in this matter.
Although there appears to be a betterment planned for the street,
it does not include drainage for water which enters Hemenway Avenue
from Maple Terrace. Drains in the planned betterment are at a great
distance from where the water enters Hemenway Avenue from Maple
Terrace. It is also our understanding that the Petrellas are resisting
removal of a utility pole from the middle of Hemenway Avenue, which
makes the future of the betterment questionable.
In the mean time, with each rain we are being flooded due to the
Commissions lack of action. Specifically, the Commissions inaction
in enforcing the original Order of Conditions which provides, among
other things, that it applies to any successor in interest or successor
in control of the property described therein and as shown on the
accompanying plans (see paragraphs 4 and 21 to the conditions imposed
on said property).
Be advised the newly installed drains at the end of Hemenway Avenue
have never been functional and even if functional, will not contribute
to the solution of this issue.
By ignoring these concerns, you have worsened the flooding situation
on our property.
Again we ask as abutters,
- Why were we not notified as abutters of any review of these
fill projects?
- What positive corrective actions are you going to take and
when?
- At what public meeting was Mr. Petrellas water diversion berm
approved?
Please respond in writing as we both work second shifts and are
reluctant to take more time off from our jobs only to repeat the
negative experience of "lack of a quorum" and its subsequent inaction.
Gayle and William Rose
4 Hemenway Ave.,
Melrose, MA 02176
cc: File Attorney George Richardson"
Bob: Mr. Rose mentions that there is a plan to fix or to do Hemenway
and parts of Maple Terrace sometime this year. The whole thing could
still be in legal applications with the Hillside Avenue situation.
There is still some question at this point when the particular streets
will be upgraded. The two drainage that he talks about at the end
of the street are basically filled, have not been cleaned out, but
I believe it would clear up a lot of the flooding that is occurring
there.
Nancy: We have discussed this before and the issue of Petrellas
driveway is one issue.
Bob: The last time we went up there he was still getting water in
his driveway - two to three inches of water.
Nancy: Weren't we waiting to hear the outcome from a different city
department on that issue?
Bob: Yes, the Engineering Dept. From the betterment question has
actually come forward now, but it is still in the legal process and
I believe there are plans for the road that are available.
Nancy: Well, those are just plans, that is not something that is
happening now, so this has been brought to our attention and is there
an Order of Conditions that a violation has been brought to our attention
in relation to this?
Bob: The question asked "At what public meeting was Mr. Petrellas
water diversion berm approved?" I don't think he has ever come before
us concerning berms along the property, and during the rainstorm that
I was there, water was actually going behind the berm and going onto
the property. The berm wasn't doing anything, it was redirecting it
towards his property at this point.
Paul: In November when we looked at the file, not only was the berm
not there, but I think the result of the elevation on the right hand
side of his driveway doesn't appear to match the Order of Conditions.
David: Not even close, that wall was not authorized.
Paul: There is a lot of work that has led to certainly slowing down
the water draining in that corridor between his house and Dantona's
house which wasn't approved and the berm is just one additional piece
of that.
Bob: Are you saying we should open the file with Mr. Petrellas?
Nancy: I think if he is in violation of the Order of Conditions,
then we should take action. This has been brought to our attention
before and now again.
Bob: I will look at it in more detail and we will probably have
Mr. Petrellas come in for a meeting.
Bruce: What can we do that is constructive? Can we order him to
remove the work that he has done?
Bob: Yes.
David: The other side of it is was when Mr. Dantona was here or
when Bob and I were at the Cefalo property for the Order of Conditions,
concerning Item #1 he explained the reason why things had been done
there is because he couldn't stabilize the bank and everything was
washing into the wetland. He should have come to us to tell us that.
Bob: I will pull the files for our next meeting and then we will
have Mr. Petrellas come in..
Bill Dailey: We can inform Gayle and William Rose that we are in
receipt of their letter and we are looking back into the matter and
we will keep them informed of any meetings relating to this and invite
them to attend.
Bob: Would you inform them by letter, Bill?
Bill: Yes
Vernal Pool MACC Conference
- Bob Boisselle passed out information from the Vernal Pool MACC
Conference which he attended at the University of RI last weekend
on Ecology, Conservation and Education. He presented summaries of
the 15 papers concerning Ecology; 7 papers regarding Conservation;
and 6 papers concerning the Education Section. Bob brought back a
guide to Aquatic Plants in Massachusetts, packets on describing vernal
pool fact sheets, wetlands, graphics, and posters on pond watcher
and bird watcher which will be posted at the kiosh at Towners Pond..
Additional information is also available on Wildlife Viewing Guides,
Massachusetts Wildlife's Bio Cycle, and Check Lists for Birds.
Invoices
- It was voted to pay $210 in expenses for the above mentioned materials
and for the Vernal Pool Program that Bob attended.
MCC Web Site
Paul Locke gave the commissioners a preview of the web site that
he is organizing for the City of Melrose Conservation Commission,
which includes the following links:
- About the Conservation Commission
- Meetings and Minutes
- Frequently Asked Questions
- Trails and Open Areas
- Photographs
- Related Environmental Sites
Paul requested that commissioners bring any useful photographs to
the next meeting. We also have our own Email address: Conservation@CityofMelrose.org
NOI - 18 Whittier St./Glenn Crowell
- The Notice of Intent was submitted for Lots #2 and 4 on Sibley
Street. This is being submitted by Glenn Crowell, represented by Edward
Farrell & Associates. This is a construction proposal to construct
two lots, sub-division roadway and two single family houses. Part
of the proposed roadway falls in the 100 ft. buffer zone to the wetland
area. No work is being proposed within the resource area.
Bob: The biggest question on this particular project is the elevation
of the underground water table and if this is a "wetland area",
and if there are vernal pools in this area. I have been to the site
three times in the past two weeks, twice after rainstorms, and the
place is bone dry. I went there just this past weekend and it was
bone dry. There is not a floodplain. Water does pool or if there
is "a 100 year flood", this particular area here will flood because
basically the water is coming down here and it just comes out of
the stream and it puddles in this area, and it also backs up in
that area. There are going to be two drains that you are going to
see here, and two more drains down at this end. (That is what I
was told). This drain is going to go to the culvert and this is
going to catch out this way. As far as I am concerned, the question
concerning vernal pools is really questionable. On Page 3 in the
NOI they are submitting the bordering vegetated wetland's direction
of delineation, 50% of more wetland indicator plan and hydric soil
indicators, they have been bouring samples out of the area for a
couple of days, and I don't see the results here, so I assume they
are going to bring them to the meeting.
David: I recall from prior meetings a culvert at streams is still
considered to have a 100 ft. buffer zone.
Bob: Once you have a culvert stream, it is basically that the
street doesn't exist. The only buffer zone you are providing for
the culvert is protection of the culvert so it doesn't collapse
or doesn't build on top of it. That is the only sort of buffer zone
that you are referring to at this point.
David: Along with the culvert stream, it would make sense to put
hay bales around the catch basin that goes into the culvert stream.
My other comment is that they are within 100 ft. where it becomes
culverted and I don't see a River Ways filing with this. Where they
have the indication Spot Pond Brook enters the culvert where you
said it overflows, within 200 ft. of that covers about one-half
of the house on Lot #2 as a rough estimate. It takes ten minutes
to fill out a form. It is not like we are going to refuse it if
they fill a form out, but we could refuse it because they didn't.
Bob: The hearing will be scheduled April 20.
Paul: The NOI would have to be modified so that it gives us a
river front area and with your residential subdivision on Page 4
of the NOI at the bottom left hand column.
David: Is this being sub-divided, or are lots already assigned
that way.
Bob: It is saying here the project is located in the river front
area. Right now they are not declaring it to be river front area.
We are saying that they should.
Paul: 200 ft. from the point where it is a river includes all
of Lot B and Lot A.
David: So they are already existing lots, they are not changing
lots.
Bob: They are before the Planning Board and I think it was three
lots, and they moved it to two. With the new regulations of sq.
footage, I think they can only do two instead of three now. I don't
know the status at this point. They have a list of abutters and
the applicant will notify them of the upcoming hearing. We will
hold the maps until the next meeting.
It was voted to adjourn at 8:20 p.m.
Respectfully submitted,
Nancy Pritchard Commission Secretary
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