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Conservation Commission
Meeting Minutes
 

Minutes of October 21, 1999

[Approved November 4, 1999]

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

  1. Voted: To accept the minutes of 10/7/99 with the editorial amendments as delivered to the secretary.

  2. 10 Windsor Street

    The green card from 10 Windsor St, Frank Procopio has been received . He has received his Order of Conditions.

  3. Questionnaire/MIT student

    A questionnaire was received from an MIT student, which is part of a master's thesis project examining the relationship between the economic status of the communities and their implementation of wetland bylaws. Bob will fill out this questionnaire.

  4. Friends of the Fells

    Public: Dana Jewell, 100 Lynn Fells Parkway, informed the committee that he is a member of the Friends of the Fells and also on the Board of Directors of the Friends of the Fells . He suggested the commissioners join the Friends of the Fells and attend the general meetings.

  5. Budget Items

    Our current budget was discussed. We have paid up our bills. Aquatic Controls is preparing a preliminary review of Ell Pond for possible early treatment next year. There will probably be a hearing in March or April because of the herbicide they want to use at Towners Pond. Some of the plants are resistant to the Rodeo treatment and they are located in the northwest quadrant of the pond. They have been in there at least three times and it keeps sprouting right up. They were also told to look at Ell Pond and the northwest portion of the area as there are three or four patches of water lilies that sprouted up this past summer, and in the northern area there are a couple more patches that sprouted up. This needs to be evaluated regarding needing to be treated this year to prevent it from getting out of control. At Towners Pond as you park your car and go straight in and the trail drops quickly to a low area about ½ way to the bridge. We are having an envasive large cluster of thorny plants similar to a vine. It may be advisable to hire a landscaping company to bobcat this area to clip it out. Nancy will observe this area and look into contacting a landscaper. We had some state money to continue on with Towners/Swains Pond and part of that money was to put in a wooden fence along Swains Pond area and contractors are coming in 3 or 4 times the cost ($36,000) for a wooden type rail guard all the way down. This is out of our budget. One goal is to replace signs and spruce up signs and Bob is contacting the Engineering Dept. for their sign contractors to give us simple type signs - 2 10 x 10 post in ground with 4 x 4 board bolted in and all black with gold lettering at approx. $200-$300 per sign.

  6. Crystal St. Parkland Restoration

    A hearing is held to discuss the abbreviated Notice of Intent submitted by the City of Melrose Parks Dept. for the removal of the 5th tennis court on Crystal Street and construction at present grade of a walk path from Crystal Street to Lynn Fells Parkway. Trees and shrubs will be planted along the pathway.

    David Dickerson - 112 Orris St., President of Ell Pond Improvement Council, Inc. & Chairman of Ell Pond Restoration Citizens Committee: We applied for a grant from the Mass Department of Environmental Management Lake & Pond Fund last December, paired with the city to come up with the matching funds and at long last we are here to go through the public process to describe the problem. Basically it is a shoreline greenland restoration project near Crystal Street. (Drawings of the existing conditions and the future plan were presented). The goal is to remove the 5th derelict tennis court that is cracking, has overgrown vegetation too close to the wetlands and includes a parking area next to it. The plan is to revegetate those areas with native species, trees, grasses and shrubs and put in a small sand and gravel walking path about 3 ft. wide as part of an overall ecologically sensitive foot path around the pond with the remaining buffer zone between the shore and the athletic fields. The property next to the property we are dealing with had a demolition project after an oil spill about a year ago and ultimately, due to the generous donation of a Melrose family, we hope to add that to the public green way. Since the property has not yet transferred to the city, we can't spend public money on what is not yet public land. At this point the project only involves what is shown in green here on the drawings, and hopefully if the property transfers and if we get some more funding we can extend this green way area to the 34 Crystal St. property where the day care center was. There are many technical benefits from increased flood storage capacity to scenic value, and with the foot path the budget allows a bench and so there is a human value too. This path can provide strolling, bike riding or jogging activities.

    Bob: Did you notify the abutters to this property, and do you have the appropriate receipts?

    David Dickerson: Yes

    Nancy: Your limit from the 100 ft. buffer, is that from the edge of the stream?

    David Dickerson: Yes.

    Nancy: The existing vegetation is the bumpy line. Is that what is considered to be the edge of the wetland?

    David Dickerson: The bank of the inland stream.

    Nancy: Your 100 ft. buffer needs to be denoted from the edge of the wetlands. You might want to amend the way it is worded on your paperwork. My concern is ultimately leading to are you going to be changing any of the wetland vegetation from what is naturally occurring there?

    David Dickerson: No, we are going to be adding to it with native wetland species.

    Nancy: Just to have it on the record, you would be creating no net loss of wetland, you would in fact be enhancing and augmenting the existing wetland vegetation necessary?

    David Dickerson: Exactly

    Nancy: Would you be putting something up to prevent people from parking on your newly vegetated area?

    David Dickerson: Yes, we just coordinated that with the city. We are going to put curbing in.

    Nancy: So in addition to enhancing the wetland vegetation, this project would not be creating any additional fill in the area. You would be taking some things out, putting some better soil back in so your plants would take, so the area would have the same or better flood storage capacity?

    David Dickerson: Yes

    Nancy: So it wouldn't be worse than what it already is as there are a lot of flooding issues in the area

    David Dickerson: The final or future grade is going to be the same as the current grade.

    Nancy: What will you do if this project is approved to assure us that no net increases occurred. For example who will actually be doing the work? Will there be someone qualified to assure us before and after, such as an as-built plan afterwards, that there has been no net increase in elevations anywhere?

    David Dickerson: I think there will be people to do that. I think the easiest way is to visually look at it now and inspect it when it is done. It is a very simple process and it is very clear what the grade is.

    Bruce: During construction where do you plan to put the torn up tennis court refuse and parking lot material?

    David Dickerson: Most of the pavement has already been removed. The Parks Department handled the removal of that. We had made it clear on the contract drawings that the scope of limited work is within this area, so whatever short term storage they have to do, there is still miscellaneous debris that has to be taken care of.

    Bruce: Are they planning on leaving any construction equipment on site?

    David Dickerson: I don't know. I think we can prevent that if that is a concern. We are meeting them tomorrow morning.

    Bruce: There is the refueling of the construction equipment that would be a concern also. You are planning on putting in additional wetland plants. Is there a plan to take care of the plants, whether or not they are actually taking and growing?

    David Dickerson: Yes, that is pretty much what the committee is all about, doing just that. We are putting up $1,000 of our own money on this project so we have a lot invested in it and will not walk away from it and we will make sure it turns out right.

    Nancy: Are you hiring a Botanist or Wetland Biologist

    David: Originally, that was budgeted, but it turns out that between the Audubon Society, the Mass Heritage Program and New England Wetland Plants we have received necessary help.

    Bob: How close is the trail coming to the stream? I notice in some areas it has been very close to the pond and the stream.

    David Dickerson: Well, this is 100 ft. right here, so at its widest about 100 ft., at its shortest about 25 - 30 ft. in the Fellsway area.

    Bob: Would it be possible to move the entrance from the Fellsway probably another 10 ft. to the east?

    David Dickerson: That would not be a problem at all.

    Nancy: Are there any existing tracks that look like kids or whoever might be cutting through there?

    David: Yes, kids definitely go in there.

    Nancy: What about in the wetland area?

    David Dickerson: No, people don't know it is there. Access is prohibited.

    Nancy: I just wondered in your planting if you could discourage it better so we don't have people traveling through the wetlands.

    David: That is a very good point, although the flip side and the challenge of river and parks is not preventing access to which the taxpayers are entitled to, yet keep it ecologically sound.

    Nancy: Having that path there coming so close to those little paths that only a few people know about, is advertising those little paths to more people. It would be good if you could screen that with your vegetation somehow.

    Paul: This is one of the few areas left around Ell Pond that actually has a wetland associated with it and we really need to try to protect the wetland area.

    Public: Those in favor of this project

    John Walker - 28 Crystal St.: Has parking been eliminated totally from that site? David: It will very shortly when we put that curbing in.

    John: I have noticed the project removed the court and the fence. However there is an illegal fence that has been there for 15 years, which was constructed at night by various individuals and is still there.

    Dana Jewell: Quite a few years ago the VFW put it in to keep the people out of their property.

    David Dickerson: Our plan was yes and no. A lot of it is overgrown to such a degree that it helps to kind of provide a buffer, but the two sections closest to the shore and the section to the closest to the old tennis court, I was hoping to get it removed.

    John Walker: Is there a benefit to it?

    Bob: Is the fence almost like a screen?

    David Dickerson: It does, it is overgrown with big pole pickets so there is some wildlife habitat value/vegetation value. It doesn't offer visual screen. It would just be a lot of work to taking that all that down. I think if you go out there you won't even know there is a fence there by the time we are done with it.

    John: All you need is a saw and bolt cutter to take it down. I would be willing to do it. I would appreciate it being done as an abutter.

    Bob: Is there anyone opposed to this project? (No response).

    Denise Gaffey: Asst. Planning Director in the Planning Office: In haste to get the abbreviated notice out I neglected to add another small element to this project because it is happening in the spring, and that is to repave the existing tennis courts. There won't be any change to elevation, basically they pulverize existing asphalt, add a mix and level it off, but no work will be done to the foundation. It is basically just pulverizing and putting a new layer down and putting up new fencing around the courts. I would like to ask for consideration of that and to amend the abbreviated NOI to include tennis courts 1, 2, 3 & 4 for resurfacing in the spring of this year.

    Nancy: How long does it take them to do that?

    Denise: It takes a couple of weeks and then they wait a little while for it to settle before they paint. I think the whole process can be done in a month.

    Nancy: I should think if it is all torn up for a couple of days and you get a big heavy rain, it might be nice to still have your hay bales and silt fence in place. You can leave them up until that has been completed.

    Bob: The hay bales should stay in place. Are you putting up new fencing?

    Denise: Yes, the same kind of fencing.

    Bob: Is all the debris, the concrete structure and the pipes, are they being removed from the site?

    Denise: When the courts are resurfaced?

    Bob: Yes, and now.

    Dana: There are a couple of pieces still there.

    Bob: I was on the site a couple of days ago and it looks like a 200 lb. concrete pole sticking out heading towards the wetlands.

    David Dickerson: That will all be cleaned up.

    Bob: Since we have an abutter at this point, do you have any problems with the resurfacing of these tennis courts?

    John Walker: I have a concern and that is from watching the tennis courts the last 20 years, there were never any expansion joints put in the tennis courts. They were poorly constructed in the beginning and the reason they are cracked is because that much material with the heat on it shrinks, and then it expands in the winter, so they cracked pretty much in the middle of the court. If the courts were divided into four separate planes, the expansion would be 25% of what it is currently.

    Denise: It has been observed that it was poorly done in the past.

    Voted: To add an amendment to the abbreviated Notice of Intent for the additional work of the four tennis courts to occur in the spring of the year 2000, resurfacing the four courts with no net increase in elevation and replacing the existing old fence with a similar reconstructed new fence.

    David Hutchinson: In the same vein, as I mentioned, hopefully in the next year we are going to address the neighboring parcel here, do we need to go through another NOI process?

    Bob: Yes, basically you could probably do another abbreviated NOI. Right now the only thing we are asking at this point is the hay bale lines will stay there, the movement of the Fellsway entrance to the path at least 10-15 ft. to the east (Main St.), that all construction debris will be removed from the site and construction vehicles will not be stored on site, and only native wetland species will be allowed.

    Voted: To close the hearing.

    Voted: To approve the Crystal Street Parkland Restoration, the removal of the 5th tennis court and the construction at present grade a walking path from Crystal Street to Lynn Fells Parkway and the amended rehabilitation of courts 1,2,3 and 4 to this abbreviated Notice of Intent.

    It was decided to work on the OOC for Crystal St. Parkland Restoration so that they could get started with their work. Bruce Rider will insert the eight items drafted tonight in their appropriate locations in the Boiler Plate and he will Email the final copy to the commissioners for comments and approval this coming week. The specific items discussed are as follows:

    1. All wetlands plants to be used on the site must be appropriate native of species that are planted according to the recommendations of the wetlands specialist. No net loss of wetland vegetation should occur.
    2. The northern end of the proposed path must be moved 10 to 15 ft. further to the east away from the stream.
    3. Vegetation must be placed west of this end of the path to prevent trespass traffic (i.e. no shortcut across the corner).
    4. No net increase in fill.
    5. No storage of construction equipment overnight and no on site refueling.
    6. Hay bales silt fence to remain until completion of tennis court resurfacing.
    7. The amendment to the Notice of Intent discussed at the hearing is resurfacing of tennis court and replacement of fence to be included in this project as approved. No net increase in elevation of the tennis court. No change in type of location of a new fence compared to the existing fence.
    8. All debris shall be removed from the site.

  7. Invoices

    Voted to pay the invoice from the Secretary for services for the month of September for $50 and miscellaneous expenses for $6.50, totaling $56.50.

  8. 3 Maple Terrace/Anthony & Adela Datona

    Bob: We received notification from DEP. Part of the notification process was receiving the DEP File #. There was an item they addended to the file # which was basically the question regarding chlorinated pool water should not be drained into the wetland. We will start with that question first.

    Anthony Datona: The pool water will not be directed into the wetlands. It goes down to the catch basin which goes back onto my property and has a way to go before they hit the actual wetlands. The catch basin is out in front of my property, and it would travel in the pipe and dump about where indicated on the drawings. There is a pool across the street, there is a pool here and there is another pool up the street. Any water discharged all goes to the same place. It is against the law to discharge it into the city drain.

    Bob: What is the size of the pool you are putting in here?

    Anthony: 35 ft. 6 in. x 15 ft. 6 in. inground pool. There was a question on the wall by Mr. Lynch or Mr. Boisselle. There is an existing wall that we built and these are the commercial grade stones and can be used for court roads, etc. The big concern was whether or not it would support any weight from the pool itself once in place. It is a plastic sided pool, has no effect on the ground, it is a self standing pool. No dirt is needed to hold it in place and there would be no load on the wall and the wall itself is about 3 ft. high.

    Bob: I visited the site last week during one of the hurricane weather and water has been running off the hill towards your property. The way the water was coming off the street, it looks as though it was making a beeline towards property and it took a sharp left to the neighbor's property. Once the grade is brought up it will be a more workable problem.

    Anthony: The whole street is a private way neglected for years & years. Down the end they just put in a new house and the city made them put in two catch basins in which the city is hoping to catch all the runoff eventually once the grading is done, and that too will dump into a riffraff and eventually might have been a wetland.

    Bob: There has been some discussion on taking of the street or doing work on the street. If that is true, you are looking at 15 ft. on that side of the roadway.

    Anthony: All this property is registered property through the courts. The city cannot do any taking of my property, they can take, but they would have to buy. If they were to come and take it doesn't affect my property at all. Where my property lines are the road is more than 30 ft. to the abutter and to the front of my property it is has no effect at all.

    Bob: In the building of the pool you should have hay bales.

    Anthony: There will be double silt hay bales directly behind that protecting the wetlands.

    Bob: You may want to move it to the 80 marker to give more room for people to work in that area - another 10-15 ft.

    Nancy: What happens at this end of the property where you are going to have to make a cut to get down to the 80 marker.

    Anthony: It is very minimal right here. It is only a matter about a foot.

    Nancy: It is 2 ft. here.

    Frank: This is the area that is going to be cut in, and what we are going to do is we are going to keep the embankment grade because of the water runoff travel.

    Nancy: So this 85 proposed contour is meeting the road at a point that is 85? You'll be leveling it to get closer to the street elevation.

    Anthony: I am not concerned with the street elevation now. I am going to pick up his elevation now. I am going to pick this elevation here 83.2 at my garage at the corner of my house and carry that to the pool. I am going to try and carry 83.3 out to about here and then I am going to let it grade up a little bit.

    Nancy: It seems to me now that you will have more of a drop of the water that is already running through here. It is all flat here.

     

    Anthony: No, this depicts where I am going to grade out. Anything beyond that is going to stay at the grade it is at.

    Bob: The water comes out here and breaks to the left. It is the way the road is so deteriorated. The road is pitching to the left and it is amazing watching that water come off that hill and ends up in your neighbor's driveway.

    Nancy: I will take a look at the site to clarify my understanding.

    Bob: You are doing a lot of cutting into the hill, etc. Where are you stock piling all of this dirt?

    Anthony:: All of the leftover dirt will be brought off site. No fill to make the grade changes.

    Bob: With this aspect from 85 in the upper portion of this property you are moving all the water to the basin at this point with 83.3. So the water is moving off the hill.

    Anthony: Any water that comes down here gets caught in my catch basin. I have one out front.

    Nancy: Where does this catch basin drain to? Which way does that water go?

    Anthony: That catch basin has a 12 in. pipe and goes under my property parallel to Maple Terrace. I know there is a question about drainage, but the city has no easements as far as I know for drainage on my property. If the city got a little more involved with the problem, it wouldn't be so.

    Nancy: Is this the same catch basin you were talking about that you would drain the pool into?

    Frank: It would have to be. It would go into the street. It is illegal to drain into the city.

    Nancy: So it doesn't go into the sanitary sewer, you are proposing to drain into the storm water drainage catch basin?

    Bob: Which goes onto his property which leads into the wetland.

    Bob: So all the pool water would be discharged into the basin and the pump that is being used on this particular pool, are you going to be cleaning that out and dumping that into the catch basin.

    Anthony: Not directly into the catch basin. I am sure the area around it will suck up most of it and it will just be the backwash water.

    Bob: So you are going to backwash into the lawn?

    Anthony: There have been three other pools in the area for some time, if you can figure out a better way to discharge water, there is not going to be a lot of water.

    Bob: Is there anyone from the public who is in favor of this project?

    David Johnson, 65 Swains Pond Ave. I am in favor of this project.

    Bob: Is there anyone here in opposition of this particular project? (no response)

    Bob: We have a question here from DEP's comments concerning chlorinated pool water should not be drained into the wetland. The individual is draining the water into a catch basin which is going under his property and dropping onto his property which then goes into the wetland. He is not draining directly into the wetlands, but it ends up there. In the neighborhood there are at least three other swimming pools that are probably doing the same thing, dropping into the nearest catch basin or to near stream in the area.

    Nancy: Are those pools within our jurisdiction of the Wetlands Protection Act?

    Bob: I think one or two of those are. One on Hemmingway Court was put in probably 5-7 years or longer. One is within 10-15 ft. of the particular stream that cuts across that particular area which feeds the wetland so it is a similar situation which we are having here.

    Nancy: Mr. Dantona, were you aware the the DEP stated that the chlorinated water should not be discharged and did you look into any other alternatives to chlorinating the water for treatment?

    Anthony: I don't think it will affect the wetlands at all. I don't think the water would have any more effect on it than all the roads do now.

    Nancy: The salting of the streets in the winter.

    Anthony: If the chlorine level of the pool is swimmable that you can open your eyes and kids can play, it can't be any worse than having road salt dumped in it, especially in that area where you have the icing problems. I do not see it as a real environmental problem.

    Voted: to close the hearing 8:30 p.m.

    Bob: We have talked about the contour of the property, the movement of the hay bale lines, discussion of the pool water into the catch basin, and do I hear a proposal or motion from the commission to accept the plan with the recommended OOC that will be issued to the individual? No motion, then I am affirming that this project is not acceptable to the commission.

    Paul: I think we need to do more research about the chemical content, the discharge of the chlorinated water.

    Nancy: I agree with Paul. We have just been put in a difficult position having this letter with one specific exclusion on it "the chlorinated water should not be discharged to the wetland", so I think if we could either speak with DEP or get a little more literature to make us feel more comfortable with that, or the other direction I think we need a little more information rather than deny it at this stage, perhaps more information would help us make our decision.

    Bruce: I think in looking at in fairness, if there are other pools in the area that are discharging now in the same basin he proposed to discharge in, we either need to see if there is any action we can take to prevent these other pools from discharging into that catch basin or approve his in fairness.

    Bob: The option we are looking at this time is to contact DEP for clarification on this statement and any other suggestions what the client can do to alleviate this problem or get this through.

    Nancy: On the other hand, we are under a time constraint if we close our hearing to issue a OOC in a certain amount of time unless the partitioner allows us to take more time to do this research.

    Anthony: I will be honest with you. This is an inground pool on my property. There are a lot of hard feelings between the city and the people in this area. There is a building development going across the street where they are going to blast 60 ft. and build roads. DEP says you shouldn't discharge it into the wetlands. It is not going into the wetlands. It is going to a catch basin in front of my house which has some kind of filtration, it has sand, it has gravel, it has washouts, and mine is the only one going to the catch basin. The other ones I am sure, if you really look, they went right into the ground. I am trying to be the most prudent person that there is here and you deny me the use of my land for something that you really have no need to. I am 50-70ft. from the wetland. The wall we built stopped the dirt from going into the wetland. We have built over backwards. If you people are going to deny, deny it and we will go through DEP. In all prudence, does anyone here really think I am going to ruin the wetlands by discharging little bit of water into the sewer which is eventually going to run into the wetlands? Can you in your heart say I am going to ruin the wetlands?

    Bill: I think the question is for us because the DEP is assigning a file # and has indicated to us that that chlorinated water should not be drained into the wetland. We are not sitting here tonight saying let's deny this. Under the statues and regulations, we need your permission as a petitioner to extend the hearing. If we close it, that is the end of it and we have to deny it. You have to give us permission to look into it further.

    Anthony: It is something that is in the area, it has been done. There is a new inground around the corner and there are so many violations of what is going on. Yes, go ahead and extend the time and it will be interesting to see what DEP has, and if DEP says it can't happen, what happens to the other pools in the area? Legally, you can't go onto someone's property and take their pool down. You don't have that jurisdiction.

    Bob: Thank you, Mr. Dantona.

    Nancy: Before you leave tonight, is there anything you can tell us about the design of this catch basin.

    Anthony: I filed with the city specifications before I built the house, I had the invert pipe. They are supposed to come and clean them. They never do.

    Nancy: The reason I am asking is that to improve the water quality in some of the ponds in the area you can install something that looks like a sock inside the catch basin that reduces nutrient levels and that may be something you can do.

    Anthony: Nutrients aren't chlorine. That wouldn't work.

    Nancy: There might be a different type of membrane.

    Anthony: I could have come in and stated I would provide other options. I am trying to be straight-forward and honest with you people. I have two little kids. I am not a rich man. I have already spent $400-500, advertising $100. I go to school Tuesday nights. I have to make my way to come here. It is a pool, it is not a development. What do I do from here?

    Bob: I will give you a call within one or two weeks. Thank you.

    Bill: The problem is he is the person before us that the DEP has selected to issue a mandate. The other pools owners are not. The fact that there are people across the street he claims that are going to be disrupting mother nature herself isn't the issue tonight. I do think this is a classic example and we have talked about it briefly in the past. It is one thing to pass a wetlands bylaw, but you can have guidelines for the public. Maybe some of the things that we see and from experience we can issue guidelines that don't take the force of regulations, but in handouts to the public indicate minimums that we expect. Some towns don't allow any work in the buffer and they tell everybody up front "we aren't going to allow any work in the buffer, so don't come to us with that. Your issues with us are concerning permitted activities or possibly permitted activities, but you have to show us that work outside the buffer will not affect the buffer or the resource area then we will listen to you and that is something we will take into consideration." Others require minimum certain distances around types of building like the McLaughlin building and they issue in the guidelines so that anybody buying a house, determining as a developer or an individual buyer like this fellow what am I looking at here. If we had a guideline out there "no pools in that area" even if we put it in place in 1988 and there are 10 prior pools, well from then on you buy with knowledge that you are not going to get by the commission because you have no place to drain it but the wetland. Yes, there are others ahead of you that did and they drain in, but we can't incrementally keep increasing. Eventually, it is going to be too much. I agree in this particular case since he bought it we are probably going to end up approving because if there is no opposition, the DEP is not going to care at this point if we approve it, but then we should stop it at that point and have a regulation or guideline for people on this issue and others, stating "as of today, we do not approve of this type of work" as the minimum follow up. The people that come in were always doing it ad hoc. To some extent that is their own fault, but like the publicly funded project tennis courts before this, Nancy questioned "how do we know at the end of the project" and the reply was "just a site inspection", well I don't know what I am looking at if you look at 4 inch grade. That can make a huge difference. But if people know when they come in before us unless we grant a specific exemption for something, we feel okay there is no money there but it is a good project, we need Plan A, Plan B, we need this filled out, we need to know your project director, who is going to be responsible individually to us when we say stop or change this, and at the end what do we look for specifically in each and every project before you get your certificate so it is not done piece meal and we don't get people like this who said "the guy across the street didn't have to go through this, and I did". If we issue guidelines they don't take the force of law, they don't require approval, they are guidelines that we look for.

    Bob: This is going to be interesting regarding the project of the 8 homes up on the hill. There is close to 3-4 acres of land we are going to get and it is all water up there. That water is going to drain down the hill and into the Cefalo's property and wetland area. If those 8 houses put in pools, guess where that water is going to go?

    Bruce: Then we really do need the guidelines.

    Bob: Will you give us a rough draft, Bill?

    Bill: Yes, I think what we should begin thinking about it like we did over many months with the boiler plate. The guidelines would not project all of the specifics for every little pool and fence. I think we need guidelines/printout regarding what we expect when they come in for a Notice of Intent packet. This printout would inform the applicant that their plans are required to be stamped by a certified engineer and don't come here and wait for us to tell you because a lot of people can justifiably plead ignorant. Some of the issues and guidelines would be administerial things we look for, and then also issues that we were prone to deny. One suggestion is to state "no pools within "x" ft. if they are going to drain at all into a wetland or the buffer zone to keep it safe".

    Bob: It is interesting this type of pool, you really are not draining the water very much. Basically, you are changing from the filter.

    Nancy: He can never take all of the water out of the pool anyway.

    Bob: That is correct. He can only take 4 or 5 inches off the top with the winter to put your bubble on top, but even now they are recommending the stretch type cover which you can walk on.

    Bill: My suggestion with him would allow it. If somebody wants to look into it I have no objection if there is something totally detrimental about what he is doing, but then put a limit on it for future reference. Applicants may say it is unfair, but at least we are being consistent in the future.

    Nancy: From an engineering standpoint, he can never pump all of the water out of his pool once that is in the ground because that pool will float. We didn't ask him about what he is going to do about dewatering to put the pool in the first place.

    Bob: When they put the foundation in, there wasn't very much water in that particular area.

    Nancy: I think if it gets to the OOC stage, then we need to make a condition about dewatering and then boiler plate. That's the reason why they can never take the water out of the pool because it would make the pool float and break in half or bend it. He is never going to be dumping hundreds of gallons of chlorinating water into the wetland all at once. It will just be the backwash that goes through and if that goes into the catch basin, treatment of sorts in that it has to sit in the little box until enough water gets in it to dilute and push it through. The chlorine will just off cast on its own sitting in the catch basin until you push it through.

    Voted: Bob plans to contact the DEP tomorrow for clarification and could we consider the catch basin as treatment.

    Public comment: Terry Waugh: If someone else on that street decides that they want to have a pool, you are going to deny them?

    Bob: We will give them guidelines from this date on. If they don't meet those guidelines then it is a "no".

    Nancy : All laws are done like that. People were allowed to play on the wetlands 20 years ago, and now they are not allowed to and there was a cutoff point for that. Before they could and now they can't. This will be another cutoff.

    Bob: What is going to happen. You have three other houses, the next house to him, the new house that is up and the proposed new house down the street will probably come in within two years.

    Bill: For a person who is denied, because we don't have a separate bylaw, they have a right to appeal to the DEP if they can convince DEP their system is not going to affect the resource area or they have a new design that is self containing, cleans its own borings, etc. We are not saying you can't have a pool, but you can't drain your pool into a wetland from herein.

    Bob: There are other methods for a pool to drain.

  9. Voted: To adjourn at 9:20 p.m.

Respectfully submitted,

Nancy Pritchard
Commission Secretary