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Conservation Commission
Meeting Minutes

Minutes of May 3, 2001

[Approved 5/17/01]

Present: Paul Locke, Nancy Naslas, Bill Dailey, Bruce Rider, Peter Mortimer

The commission was lacking a quorum at the beginning of this meeting and therefore the members will continue to review the minutes of April 19, 2001 and vote to accept them at the next meeting. The secretary's invoice for services rendered in April totaling $288.00 and will be voted on at the next meeting.

820 & 828 Lynn Fells Parkway

Paul Locke (acting Chairman): Mr. McLaughlin of McLaughlin Insurance has informed us that the Notice of Intent had been filed without his knowledge, that it was not his intent to file the NOI at that time and his contractor had gotten a little ahead in communication. It was not his intent to stand us up and he will submit the NOI when he feels he has sufficient information about the quality of soils and drainage around his property.

Roosevelt School Project

Correspondence

The following letter was read from E. Phyllis Greene, 44 Brunswick Park

"To all involved in the Roosevelt School Project:

My thanks for Cheryle Potter's update of the Roosevelt School Construction letter dated 4/18/01. I refer particularly to page 2, paragraph 5 beginning 'Phyllis Greene at 44 Brunswick Park'...pertaining to 3/21/01 rainstorm where I had an excessive amount of flooding and sewerage in the basement and in the garage under my dining room of my home. My understanding of Cheryle Potter's comments is that in all probability, the broken sewerage line was not the cause of the flooding of sewerage into my home but rather the "surcharging and lifting of the manhole cover 3" to 4". This effect is caused by a long-standing problem caused by two 90-degree turns that the line takes from the manhole in Brunswick Park to the manhole on the other side of Mrs. Green's property. Public Works pointed out that the line is unable to handle the increased flow during storm events which causes the flow to back up. The Public Works Department is currently discussing a plan with the M.W.R.A. 'for replacement of a portion of the line to remove the turns in an effort to improve its performance during storm events'.

My concern, along with the Disaster Housing Officer (E.H.R.) of F.E.M.A. and, I would assume, the M.W.R.A. is as follows:
    1. The necessity of stopping the sewer line back-ups and water flow into the sewer lines are presently being discussed by those involved. I'm not sure that I believe a 12" P.V.C. sewer line is going to do the job. I would think that the City would look at the larger picture and into the near future of using a 16" line, probably from Brunswick Park to the Malden line so as not to keep repeating the flooding situation at some of the houses on Brunswick Park, the Roosevelt School, the Roosevelt School playground area, as well as the Middle School, the High School athletic field, the Towers area and the Lynn Fells Parkway. Each time flooding occurs it costs the Melrose tax payers a huge amount of money!! I would hope it would be to the greater benefit and common logic to do the job correctly (hopefully permanently) at this time, rather than patch quilting the problem every time a heavy storm occurs. I'm sure it would cost our taxpayers less money in the long run. But perhaps this is an "80 year storm cycle".

    2. When the Roosevelt School was standing, the school was always heavily flooded during severe storms. Humungous pumps were used by the School Department to pump out the water (the area opposite my backdoor near the manhole just on the other side of my property) and the school itself was heavily flooded. Hoses attached to pumps carried the water around the building on the Brunswick Park side and directed it towards the ball field and the railroad trackside. This alleviated a great deal of water flooding into my property. With the school now demolished, during this 3/21/01 rainstorm, I received the full brunt of this water into my house and property. I request concrete plans from you as to how this problem will be addressed and corrected as this project continues. F.E.M.A. is concerned also.

    3. I am also concerned with the tree standing near the manhole and sewer line just on the other side of my property (Brunswick Park side). It is my understanding that the tree may have to be taken down as the rooms of the tree may be wrapped around the sewer pipe. I understand this completely. The tree is quite large and old and not in the greatest condition. I assume the Conservation Department of Melrose is on the scene in this matter along with the involved personnel. My concern as well as F.E.M.A.'s is that the tree as old and as large as this one, absorbs a great deal of water, thus helping with the water table level of this area. I need concrete plans again from you as to how the excess water and table water which the tree absorbs while standing will be taken care of correctly and permanently in the event that the tree or part thereof is removed either now or in the future after the present school project is completed.
My late husband and I bought our house in 1962. At that time there were many weeping willow trees...huge trees...over in the park which absorbed much of the table level water in the park. The City took those trees down and hence there remains much flooding of the park, probably not the complete cause of the flooding of course, but I feel that it certainly has not helped.

I thank you for addressing these problems (both my concerns and yours). Your helpful dates and continued resolves to the problems connected to this entire project is much appreciated.

Most Sincerely,
E. Phyllis Greene,
44Brunswick Park, Melrose

Addendum: I know and I believe you are looking at the infiltration of ground water, (street runoffs and sump pumps of private homes) into a sewer collection system. It causes M.W.R.A. problems as well as ours."

Paul: At this time we are copied on this letter. I think there appears to be continuing communication between Mrs. Greene and the City or people involved in the construction as the Roosevelt School project evolves and as they implement the storm water plans hopefully her concerns will be addressed. I don't think at this moment we need to respond directly to her.

Steven Amero, Lot 8, Hemenway Avenue

Correspondence from John Gregorio, City of Melrose Inspection Services to Mr. Steven Amero dated 4/25/01:

Dear Mr. Amero,

After reviewing the plans of lot 8, Hemenway Avenue, Melrose, designed by George Zambouras, dated February 27, 2001 with revisions of March 19, 2001,I can offer a zoning opinion as follows.
  1. The lot has an area of 9,389 sq.ft. and frontage of 70 ft. Melrose Zoning, adopted in March 21,1924, determines the lot to be a pre-existing legal non-conforming lot. Melrose zoning first refers to the area and frontage requirement in the 1944 version of zoning ordinances. This lot predates the ordinances.
  2. The legal determination is also derived from Chapter 40A section 6, paragraph 5" single lot exemption". This language also establishes the legal description of the lot.
  3. The driveway entrance, at the front property line, exceeds the maximum width of 24 feet in accordance with Melrose zoning regulations. All other set backs are in compliance with zoning.
  4. The road must be built to the minimum sub grade standard, which the City of Melrose engineering department will provide to you, before the building permit may be issued.
  5. The Melrose Conservation Commission "Order of Conditions" must be recorded at the registry of deeds and proof of recording must be provided to the city. The required protection of the "buffer zone" must be completed before a permit may be issued.
  6. Upon completion of these items and with the approval of the City Engineering Department the lot and owner will be granted a building permit based on these facts and the plan as submitted.

Should you have any questions please do not hesitate to contact this office for assistance.

Very truly yours,
John Gregorio

Cc: Engineering
      Conservation"

Correspondence The New England Wetland Plants, Inc. has sent their catalogue of wetland plants of 2001 listing if anybody is interested in purchasing trees or bushes for planting on the conservation commission properties.

Publication from Massachusetts Divisions of Fishery and Wildlife.

Concerning the Massachusetts Aerial Photo survey of potential vernal pools. The MA Division of Fisheries & Wildlife National Heritage and Endangered Species Program is very pleased to present your organization with a copy of the MA Aerial Photo Survey of potential vernal pools. This publication contains a compact disc that can be used to create maps for any part of the state that show potential vernal pools that were identified in the aerial photographs. Using MA GIS one time data viewer program contained on the disc, USGS topographic maps with potential vernal pools, otherwise known as PVP's and certified vernal pools can easily be printed out from IBM compatible computers that have a CD drive. Complete instructions for installing review begin on page 22. Vernal pools provide important habitat for many amphibian and vertebrae and other wildlife species in MA. Vernal pools, the wildlife and ecological processes that they support have become increasing important educational tools and also received important protection under several state regulations as well as many local by-laws. However, the typical small size and temporary nature make them particularly vulnerable to be overlooked. We encourage the use of these data in assisting localized vernal pool inventories, land management and acquisition decisions, study of vernal pool wildlife and ecology at schools and youth organizations and other activities that are focused on vernal pool ecology. We hope that this survey will assist your organization in any activities that rely on identification of vernal pools.

Elementary School Books

Nancy: We received some thank you cards from the elementary schools in Melrose when we donated the Dr. Seuss' The Lorax, conservation books.

Paul: I also have some letters at home written by the children and talking about their favorite creatures.

Property Adjacent to Conant Park

Nancy: Do we know of a property that was donated to the Melrose Conservation Commission owned by Al Howard, adjacent to Conant Park? It was brought to my attention by a Beebe School parent. It is a property that has a lot of debris on it. I will go out and walk the property before our next meeting.

Bruce: It was months ago Bob mentioned something about that. Somebody was going to donate it but it was in negotiation with the city, so we may not have it yet.

Nancy: I was told that there is an empty 55-gallon drum adjacent to a brook. I am going to take a look at it.

Paul: If there is a drum next to a brook could you call Joe Lynch and have it removed?

Nancy: I will notify Joe Lynch.

Mt. Hood - 12 Fairway

Paul: I have for you the requested reports from Joe Lynch on the status of the work up at Mt. Hood. I talked to Joe this evening. He wasn't able to make the meeting tonight. He said if we absolutely needed to have him here, we have his cell phone no. and we could call him and he would make an effort to get here. I don't think it is necessary to make him come. He is going to be coming at our next meeting with the Environmental Consultant that they have hired. You see here a preliminary report from Epsilon Associates which is the consultant company that they have contracted with to do the environmental investigation and potential restoration up at Mt. Hood. It has a preliminary site inspection and has some preliminary recommendations which you have. So they have started work on that. One of the things that they have looked at and are considering involves the proposed pipe that goes underneath the fairway from wetland 2 to wetland 3 which when we were up there on Sunday, Bruce and I had noted at this time it is not functional, it hasn't been completed and wetland 3 right now is fairly dry, partly because there is no flow from wetland 2. It is high. There is no flow now or very indirect flow into the fairway around the wall down towards wetland 3, but because of their erosion controls around wetland 3 the water isn't getting into wetland 3 and it is being pumped out as necessary, so the work will continue there. One thing that the consultant is proposing is to abandon the pipe and construct a brook drainage swale connecting the two wetlands adjacent to the fairway which may also soak up the nutrients coming off the fairway . It would provide an intermittent brook between the two wetlands that could serve a wetland function rather than having that water travel along a pipe. That is one of the things they are looking at. They will be coming to us with a more detailed assessment at the next meeting. Beyond that, when Bruce and I have gone up there, everything else with erosion controls do appear to be working. The water in wetland 2 does appear to be dark and clear and deep. The water on the other side of the wall is muddy, sedimenty and silty, so those erosion controls do appear to be working out at the time and other than the fact that the wetland 3 appears drier, they seem to be working. Any results from the analysis?

Nancy: Sunday I went out and took some jar samples of the clay at various locations, what we perceived to be some of the first clay deposited, intermediate and then the newest stuff that has been brought up there, just to see if we could detect anything in those soils. I used a photo ionization detector (PID) to detect the presence of hydrocarbon in those soils. It showed there weren't any detectable levels. I took five analyses. I am going to talk to Joe Lynch about just what we did and what we saw. My only concern being, we did find a chunk of tar while we were out digging around. Today's Melrose Free Press article stated that we might be getting more fill, up to 20 weeks delivery worth. I think we need to ride a tighter rein.

Paul: At the time we talked with Joe, the other things that we had concerns about included the presence of rebar, pavement and other material in the "clean" fill. The commission should reinforce that any visible debris be removed.

Voted: to open the discussion to the public. T

erry Waugh: If plans have been submitted by Joe Lynch why haven't you people seen the final plans for the ball field.

Paul: We haven't had any plans submitted for the ball field. We do not necessarily have to have them submitted to us as a legal plan. These plans are the fulfillment of the basic plans that had already been approved by the conservation commission last summer. We have contour lines, we have the prospective building. As long as it isn't changing the contents, it is not a matter for us.

Nancy: They have plans showing the big flat area being made, but actual layouts of fields, etc. was not given to us; actually what was changing the surface of the land was presented to us.

Linda Benezra - 340 Porter St. First I want to thank you Nancy for going out and taking those samples. I think it is a tribute to your commission that you have somebody who has the ability to do that kind of testing. If you are interested on the votes that the Park Commission took and what Joe Lynch presented I can give you the information.

Paul: Yes, please.

Linda Benezra: The Park Commission took a vote to allow 20 additional weeks of fill a minimum of 50,000 tons, but the end number unknown. They voted unanimously. I don't know if that has to go to the Board of Alderman, an extension of the contract, but they did vote that. The one concern I have is that it will be stored in thinking in terms of having enough fill to build the soccer field and there is no plan for the soccer field. I am concerned about what we see blowing off the surface when the weather is dry and how that infiltrates into the ponds and I don't know if that is something you have to deal with or not. Joe Lynch did say that would be of interest to you, and I am sure he is going to bring it to you the next time. It goes to the Board of Alderman Monday night so if you watch you might catch it there, but they have the layout of the ball field and they are talking about the 12th fairway only being elevated 7 to 10 ft., not to 23 that we first heard about.

Shaun Musselman, 318 West Emerson St. I am a member of Troup 615, we work out of the church down by the Melrose Bowl and I am trying to plan my Eagle Scout project. I was planning an idea in Mt. Hood. What I would like to do is improve or create, or work on one of the bird trails or hiking trails, and possibly put in some bird houses for the local birds around the area, and I just came here tonight to possibly get any suggestions as to what trails are needed around the area. I have a map that I found on your web site of the trails in the area and I was wondering if there any ones you would like worked on specifically or if you have any other maps of any trails around the area that would really help me, and I hope maybe for a little funding in the project. You don't have to vote on that now, it is still way in the future, but just for some mulch or the materials to build birdhouses. Do you have any suggestions?

Nancy: In the past we have had some help from the DPW in doing some of the heavier work at least if the trail is particularly thorny; for example they will come in with a bob cat and get some of the thorns and heavy stuff out. Also, in regards to birds and where those birds trails would be, I would recommend that you talk to Dana Jewell. He will be able to suggest to you the best birdhouses and where to put them.

Shaun Musselman: Is that okay with the committee to work on the trail in the area? Paul: We need to identify which specific trails need work, but actually this might have to start down from the playground vs. the pond area. You can coordinate with the Parks Dept. As part of the work that has been promised at Mt. Hood for several years now, there are supposed to be trails coming down the 1st Pond area connecting with the trails of the commission's network and that has had little progress and this might be something to spur that on. It might be work around ponds, Flagg Acres and up to that area. Flagg Acres takes you all the way to Mt. Hood, rather than fixing existing trails.

Shaun: Could you give me the numbers of Mr. Lynch and Mr. Jewell? I have more questions and I will call them.

Paul: Go down in the area and walk around the trails.

Nancy: Have you seen the trail that another Eagle Scout did just on the north side I think of Swains Pond?

Shaun: I haven't. I have meant to go up to the Mt. Hood area but I have been studying for tests. I really just came in to get some ideas. Next time I come I will have more of a possible plan.

Ken Foss - 50 Temple St.: I was up at Mt. Hood looking over the 12th fairway where they store pile of Boston blue clay, and they were pushing it down, it was like an island of trees in between the fairway and the pad. They were pushing it down the hill and I could hear cracking. Winnie says "Kenny, there goes a tree". I just do not like what I see at the Hood. We can talk about ball fields, but there is more to it than that. They have destroyed good forest. One question about the 12th fairway. Joe Lynch said that the drainage that was installed with the precast concrete manholes, that were installed some time ago, because of the fill that is up in the hill was pushing the peat down and it was pushing the pipes up so that drainage plan has been scrapped, and now it is going to be a swale, from #2 wetland to #3 wetland, and according to Joe, he said we are going to have a pond there now, wetland 2 will be a pond. Now is that acceptable?

Paul: Turning a wetland into a pond is generally not acceptable.

Mr. Foss: I am concerned about the slope of the swale from 2 to 3 wetland, because I think they are going to run into ledge to get the proper slope where the woods come down as you face the pond on your right hand side of that field about half way in between. It seems to go up. They are going to put the swale in there. They are going to have problems getting the slope I believe, but I just wanted to give that for informational purposes. Shaun, I like your idea, but you should go speak to the Parks Commission because they control the job at it.

Paul: In the next meeting that is something that Mr. Lynch is coming to us talking to us with the wetland scientist. Nancy: If you are not here, Mr. Foss, we will ask him about the elevations. They should know that. Mr. Foss: It looks like they are going to have another pond at Mt. Hood.

Nancy: There is one there right now.

Paul: Is there anything else the public would like to bring up.

86 & 87 Granite Street

Laura Cantor 17 Granite St. - I wanted to make sure the commission was fully aware of a matter that you should have received notice of by now, that is the Board of Appeals hearing on May 9, somebody seeking a variance to construct a single family home on a lot just across the street from me at and which the conservation commission is the next abutter. I made you copies. They are now trying to sell these 2 lots to a private developer. They didn't have the right to split them creating conformities. A developer has optioned them. He is seeking a permit to construct a single-family home. He has a Planning Board recommendation that he be granted a variance from the lot size. He hasn't submitted any construction plans. He just says he wants to put an 80 ft. wide by 54 deep house and I can't tell you what it looks like, but it involves substantial fill and substantial drainage to divert water that would otherwise flood his house, so I don't know if it falls in your jurisdiction for wetlands, but it certainly is close to those areas. You are an abutter so you have a voice as an abutter and I just wanted to make sure you were fully aware of the situation before this meeting happened. I am working with the other abutters on the street. We all object to it because of the environmental and drainage issues and just the general unsightliness of putting a house there. This is a 45 degree slope down to people's backyards, we're right there and he is going to put up a 30 ft. retaining wall.

Paul: The meeting is Wednesday, May 9 at 7:45 p.m. in the Aldermanic Chamber for all parties interested for or against the appeal of Stephen J. Shea for a variance from the requirements of Article VI, Section 6.2 and a Special Permit under Article VI, Section 6.2 of the Zoning Ordinance to construct a single family dwelling on the property located at Lots 86 & 87 Granite Street, Melrose, and containing 14,400 sq. ft. and shown on Assessor's Map F6-159.

Laura Cantor: Just for the record Steven J. Shea is somebody who has optioned the property, he is not the owner of it. Other developers have looked at it and determined it to be unbuildable because of the grading and drainage issues. My neighbors received their notice today, so maybe you have one in your mailbox today, I just wanted to make sure you had one.

Paul: Technically the City of Melrose owns the property. It may be held by the conservation in name, but it is owned by the City of Melrose. If we get a notification, we have to go. I don't think it is a legal issue as much somebody from the conservation commission should go.

Adele Dean - 17 Aaron St. I was wondering if you do maintain a library and if things like the Aerial Photo Survey CD would be available and also publications for fish and wildlife. I wanted to order them, but they are very expensive. If there is a library in here I would love to be able to utilize it.

Paul: We do have a library as such. We did have a couple of book shelves that we maintained primarily for resources for conservation commission staff. The public would be welcome to review the material. I am not sure about our lending policies. In the Planning Dept. there is an office and we have use of a desk area. We just don't have a formal policy.

Linda: I suggest a publication like you referenced earlier with a CD in it. Perhaps you could order a couple of extras and have them in the library there.

Priscilla Hook: I just want it on the record what I mentioned earlier, that I think the commission should really consider fining developers, or even the City of Melrose, who do work along conservation land and who go beyond the Order of Conditions. Perhaps it would wake them up, and I would add to insist that a environmentalist be on hand daily at their expense.

Paul: Fines would be something we would need additional legal powers to do. Bob talked in the past about separate bylaws for the conservation commission.

Priscilla: Other towns have picked it up and I think it is time. Paul: We have a set of model bylaws. It is a torturous process to go through and to get them approved.

Steve Amero: Did you get my letter on a request for a site meeting.

Paul: Yes, we did. You want to meet as required by the Order of Conditions to begin work. All that is required is one commissioner to go out and review.

Steve Amero: We are scheduled to pass papers on the property tomorrow so we would like to begin the project as soon as possible. We know you have a schedule too.

Steve: Who needs to attend this?

Nancy: Someone who is going to be overseeing the whole project needs to be there.

Steven Amero: I have a contractor that is going to do the street, and I have a contractor that is going to build the house. Now the city has required that the street be built before they will issue a permit to build the house.

Nancy: Does the City Engineer want to be there for the street part as well?

Steve Amero: Everything has been brought in front of the engineer. The engineer and the building inspector are aware of all that has gone on and all of the plans.

Nancy: I would need to see the contractor for the street and the property. Would Tuesday at 7:30 a.m. work for you?

Steve Amero: Do you have a number I can contact you in case I can't get a hold of these two. What is this meeting for? My cell phone is 781-956-1821.

Nancy: To make sure they are aware of the OOC. It is so we can walk through with them and show them our priorities and what is important to us.

Voted: to close public participation of the meeting.

Voted: to adjourn at 8:25 p.m.

Respectfully submitted,

Nancy Pritchard
Secretary