-
Minutes Approved
Voted: To accept the minutes dated 10/21/99 as corrected.
-
Invoices
It was voted to pay for the following invoices: Community Newspaper for our ad; Miter Biter Frame Co. for $104; MACC Conference for Bob; secretary services for $167.50, all invoices totaling under $300.
-
Budget
As of 11/4/99, we have $20,047.32 in our account and we have $9,500 from the fiscal year 1999 still in the account. The reason for the large amount is that the bids for the fence along Swains Pond has come out three times what we had expected. We are looking to use some of that money to develop some of the signs at the trail heads.
-
Crystal St. Parkland Restoration
The Parks Department received their Order of Conditions. Bob will connect with Denise Gaffey to be sure she is informed.
-
Granite/Burnett Street
Bob went to the site on October 30 and took some pictures. The pictures show what the retaining wall looks like from the north and south.
-
Bay State Road
The Bay State Road project is completed and Bob also took a picture of their final product, which looks impressive.
-
Second DEP Circuit Rider for the Region
A letter has been received from Gillian Davies from the DEP Metropolitan Boston - Northeast Regional Office, informing the commissioners that Mike Abell has recently joined their staff as a second circuit rider to assist Conservation Commissions in the implementation of the Wetlands Protection Act as amended by the Rivers Protection Act. He asks that we contact him at 978-661-7812 with any questions.
- 3 Maple Terrace/Anthony Dantona
Bob inquired of Mike Abell, newly appointed DEP Circuit Rider for the region, regarding Anthony Dantona's pool and where he is going to drop the water from his pool. While talking to Mike Abell, we asked what can Anthonoy Dantona do? It was recommended a dry well system at least 2 ft. in diameter as indicated in the storm water guidelines. This would be acceptable under the Wetlands Protection Act. Basically, what we would be looking at is probably a 55 gallon drum with gravel in it and with holes in the bottom to leach out into the ground. If Anthony Dantona does accept this recommendation, we can incorporate this into the Order of Conditions.
Voted: To approve Mr. Dantona's Notice of Intent to put in his inground pool as he submitted to us at our last meeting with the requirement of putting in a dry well per the DEP specifications as one of our Order of Conditions.
- 3 Hemenway Ave.
A letter was received from Gayle and William Rose of 4 Hemenway Avenue regarding 3 Hemenway Ave., which is Lot 4 of Cefalo's property. Their letter stated the following: "Dear Commissioners: We reside on Hemenway Avenue which is within a wetlands buffer zone. On 10/26/99, the owners at 3 Hemenway Avenue installed a new driveway over their existing driveway. This raised the elevation of the property at 3 Hemenway Ave. and a section of Hemenway Avenue by several inches. They also constructed a berm within the bounds of Hemenway Avenue. It appears these changes in elevations were done in an attempt to solve water flow problems they created when they filled in the swale on the northeasterly side of their property approximately 2 years ago. The water that formerly ran through the swale into the wetlands, has been redirected to flow down Hemenway Ave. Prior to the driveway elevation change and the construction of the berm on 10/26/99, some of the water that formerly ran into the swale was flooding the driveway of 3 Hemenway Ave. The remainder of the water pools in front of our home and runs over our lawn and into our flower garden. Now that the elevation of the driveway at 3 Hemenway Ave. has been raised and a berm has been constructed, it appears that all of the water will now flow onto our property instead of flowing into the former swale which was originally constructed to carry the water to the wetlands. As abutters, we were not notified of any review of these fill projects. We would like to know if a request for Determination of Applicability was filed when on 10/26/99, the owners of 3 Hemenway Ave. raised the elevation of their property, raised a section of Hemenway Ave. and constructed a berm within the bounds of Hemenway Ave. so as to redirect water flow away from the wetlands onto our private property. We would appreciate it if you would come and look at the site and inform us of your findings in document form."
Bob: The question that comes back to us is that Lot #4 has gone through the procedures for the building of the house, the Order of Conditions, Registry of the Deed and Certificate of Compliance which was issued in 9/28/93. This project is about six years old. Before the water was coming off the hill and taking a sharp left and coming down into the driveway, there were at least two inches of water during the hurricane effects in this man's driveway, it looked like a small pond. Now he has elevated it several inches, so the water instead of coming this way, is going this way. The two drains that are constructed there, but are filled at this point, are not operational and the water is coming straight down and flooding this area now. It has probably shifted all of the water that way which is 7 inches. You can see by raising it several inches, they probably redirected the water down the road. Inspectorial Services is requesting this package and also Bill Rose will be receiving a copy. The Order of Conditions was 9/28/93 and the Certificate of Compliance was 3/21/96. I will drop the package off at the Building Inspector's Office and Bill Rose will get a copy also. Also, he is putting in the driveway without a permit.
Nancy: Does the Engineering Dept. need to know anything about it, or since it is not a city street they don't?
Bob: That is an issue in itself. Who is actually responsible, because again it is quoted a private way and that issue has always been there since day one of any construction in the area.
Nancy: Well, since it is private way we can't work towards what would be a more logical engineering solution which would be to correct the drainage into those drains you pointed out. All we can do now is maintain the status quo per the Order of Conditions which was to make sure that water got directed into the wetlands adjacent to their driveway and it sounds like now they have directed the water away.
Paul: Should we begin an enforcement action against them?
Bob: I can deliver this and find out what is going on. I got a call yesterday concerning the applicant's information that the building inspector wanted. I want to find out more about what is going on with the building dept. There is more involved here than just a wetlands aspect.
Nancy: Even so we do need to respond.
Bob: Basically, right now the response they are looking for is that we look at the site. We will be making that site visit probably this weekend but I want to talk to the Building Dept. first.
Nancy: If we need to follow up in writing, we can talk about that at our next meeting.
Bob: I received a call yesterday concerning the application the building inspectors wanted. They are asking us to look at the site. I gave him a copy of the driveway plan. He had 12 inches of gravel, 1 ½ inch of binder cords and one inch of bituminous concrete for the top cord, so he has just about 2 ½ inches.
Nancy: But that was from 1996 when he first had it as built to the building. So the driveway has been existing and now he made a change to it.
Bob: He made a change basically because it is flooding. The water was coming in. The reason for that is his driveway, which is at an angle that just sort of accepts the water. It curves naturally and the water comes off the hill and just takes a right into his driveway.
Nancy: It is unfortunate he didn't go through proper procedure and come to us first because we would have directed him to maybe even berm this way, so long as the water is still going the way it is supposed to, then it is not a wetland issue, but the change that he changed the water course makes it a wetlands issue in my opinion. I will probably go and take a look tomorrow and I can take the packet.
- Public Comments:
Priscilla Hook: What is a berm?
Nancy: It is like a rounded curb. It functions like a small dam.
828 Lynn Fellsway/McLaughlin Insurance Agency
Terry Waugh: What has happened with the McLaughlin Insurance Agency on the Fellsway?
Bob: I found the file and as long as they maintain the footprint there are no changes we could do at this point. I have not made a final site visit on this.
Nancy: The amount of ground they cover cannot change - they can go up taller. They will need to submit to us the as-built plans showing how the building turned out and that the as-built needs to match what they proposed. If it doesn't match they don't get their certificate and we could have them tear down what doesn't match.
Priscilla Hook: Do you think the city will have a moratorium on building?
Bob: No. Right now they are taking marginal land. An example of that is if you go down to Pine Banks, take a left on Sylvan Ave., go about ½ block, look before you head for the turn at the corner, there is a house that they blasted the ledge. This was all ledge from the street to the back of the lot that leads 200 ft. in. They blasted a hole in the ledge, put a foundation in, built the house and then they chipped away some of the ledge towards the front, but the backyard is all ledge.
Priscilla Hook: Every new project is more asphalt on the ground, more foundation, where is the water going?
Bob: A prime example of that is at Penny Way Avenue or the other project we just approved, that the water is going to a detention basin, holding the water there and letting it out very slowly at a rate that will be acceptable for the draining systems. Right now they are blasting away at Penny Way for two weeks and if you watch Fire House at MMTV, they talk about that specific project, blasting and Lincoln School.
- Voted: to adjourn at 8:10 p.m.
