Canton, Massachusetts · Saved source text

April 5 2000 MOM

Conservation · Source meeting date: 2000-04-05 · Record 79813

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DRAFT 
CANTON CONSERVATION COMMISSION 
April 5, 2000 REGULAR MEETING 
Attendance: James Roache, Chairman, Debra Sundin, Vice Chairman (arrived 
late), John Burke, Treasurer, Marge Anderson, Cleric, Chris Brindley (left early), 
Ed Lynch and David McLelland. 
Conservation Agent: Robert Murphy 
Recording Secretary: Christine Smith 
The meeting was called to order by the Chairman at 7:00 p.m. at Pequitside Farm, 
Canton, Massachusetts. 
GENERAL BUSINESS: 
The minutes of the meeting of March 15, 2000 were discussed and corrected. 
Motion made by Ed Lynch to accept the minutes, as corrected, seconded by 
Marge Anderson. 
Vote: 5 in favor; one abstention (John Burke); one absent (Debra Sundin) 
2. The minutes of the meeting of March 1, 2000 were discussed and corrected. 
Motion made by Ed Lynch to accept the minutes, as corrected, seconded by 
Marge Anderson. 
Vote: 5 in favor; one abstention (John Burke); one absent (Debra Sundin) 
The minutes of the meeting of December 15, 1999 were discussed and corrected. 
Motion made by John Burke to accept the minutes, as corrected, seconded by 
Dave McLelland. 
Vote: 4 in favor; 2 abstentions (Ed Lynch & Marge Anderson); 1 absent (Debra 
Sundin) 
4. The minutes of the Executive Session of December 15, 1999 were discussed and 
corrected. Motion made by John Burke to accept the minutes, as corrected, 
seconded by Dave McLelland. 
Vote: 4 in favor; 2 abstentions (Ed Lynch & Marge Anderson); 1 absent (Debra 
Sundin) 
April 5, 2000 page I

PEQUITSIDE FARM — WORK PROGRESS 
Buddy Fallon was present to report on the status of work to be done at Pequitside 
Farm. He informed the Commission that the fire alarm is to be installed by the 
end of the month and had been approved by the Building Renovation Committee. 
In addition, the renovations to the Carriage Barn, replacement of sills on the Main 
Barn, hiring of an exterminator and preparation work for the garden plots would 
cost a total of $3600.00. He needed the Commission's approval for this work. 
Motion made by John Burke to approve the amount of $3600 to be spent for the 
work described by Buddy Fallon, seconded by Ed Lynch. 
Vote: Unanimous. 
Buddy Fallon also brought up the issue of the de -leading project. He suggested 
that the windows be replaced at the same time as the de -leading work. The total 
estimated cost including the windows is $82,709.00. This matter was discussed. 
Mr. Fallon reported that there were going to be some volunteers from Reebok 
coming to clean up the property on April 17, 2000. In addition, he reported that 
he has scheduled the tree department to remove some dead wood and some trees 
that are dead. 
There was also a discussion about the status of the Little Red House. 
PUBLIC HEARINGS: 
CANTON DEVELOPMENT CENTER — LOT 42, DAN ROAD — DEN 124-. 
See public hearing attached. 
2. DENNIS TRAYERS — 28 LAWRENCE STREET — DEP #124-. See public 
hearing attached. 
3. MBTA — RIGHT-OF-WAY. See public hearing attached. 
4. ORAZIO RINALDI — LOT 19C, KENSINGTON DRIVE — DEP #124-762. See 
public hearing attached. 
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JOSEPH & JENNIFER NAPLES —1 MANITOU ROAD — DEP #124-761 
Mr. Naples was present and reported that the plan has been surveyed and 
stamped. He stated that he would like to put in the hay bales and continue with 
the addition. He was told to come to the next meeting to pick up his Order. 
April 5, 2000 page 2

Motion made by Debra Sundin to continue the hearing to April 19, 2000, 
seconded by Marge Anderson. 
Vote: Unanimous. 
2. JOHN & KAREN KROWSKI —1030 & 1034 PLEASANT ST. — DEP #124-746 
Motion made by John Burke to continue the hearing to April 19, 2000, seconded 
by Debra Sundin. 
Vote: Unanimous. 
3. GEORGE & NANCY BATES - UNIVERSITY ROAD — DEP #124-744 
Henry Munson of Toomey -Munson & Associates, Inc. was present on behalf of 
the applicant and reported that they did not have a chance to review the report 
issued by Fred Pfrschner. He requested a continuation. 
Motion made by John Burke to continue the hearing to April 19, 2000, seconded 
by Debra Sundin. 
Vote: Unanimous. 
4. JOE CIULLA — LOT I IB, LAUREL LANE — DEP #124-765 
Mr. Ciulla was present at the hearing but his engineer was unable to attend the 
meeting. Bob Murphy explained that there was an area between the wetland flags 
and the applicant's property. This was one of the replication areas from the 
subdivision. In effect, once the replication area was built, the wetland line 
changed. The genuine wetland line is the one shown on the plan for the 
construction of the house and is where the chain link fence is located. 
Mr. Ciulla did not realize that the fence was built in the wetland area when it was 
installed. He had looked at an old plan with the old wetland line. 
Bob Murphy stated that the Commission should require that a replication plan be 
drawn up. There was further discussion. Mr. Murphy explained that the applicant 
would need to remove the fence, re -install it and file a restoration plan with the 
Commission. 
Motion made by John Burke to continue the hearing to May 4, 2000, seconded by 
Debra Sundin. 
Vote: Unanimous. 
Bob Murphy issued an Enforcement Order for the wetland violation. 
Motion made by John Burke to affirm the Enforcement Order, seconded by Debra 
Sundin. 
Vote: Unanimous. (Chris Brindley absent for this vote.) 
April 5, 2000 page 3

EAGLES FARM II REALTY TRUST — DEP # 124-768 
Henry Munson of Toomey -Munson & Associates, Inc. was present on behalf of 
the applicant. He stated that the plan had been revised as requested and that they 
added a sheet that did not show the house blocks. 
Motion made by Ed Lynch to close the hearing, seconded by Debra Sundin. 
Vote: Unanimous. 
Motion made by Ed Lynch to issue a Standard Order of Conditions with 
Appendix A, seconded by Debra Sundin, 
Vote: Unanimous. 
6. ARGONAUT HOLDINGS — 933-941 TURNPIKE STREET — DEP #124-767 
Henry Munson of Toomey -Munson & Associates, Inc. was present on behalf of 
the applicant. 
This is the proposed GM dealership. They have received Fred Pfischner's report 
and changes were made to the plan. Mr. Munson provided a letter that Mr. 
Pfischner was satisfied with the changes, but that he would like an additional test 
hole. Mr. Munson stated that he would like that to be a condition of the Order. 
Bob Murphy stated his concern regarding hazardous waste on the property 
because of the prior use of the site. He stated that he would like to see a LSP on 
site when the work is done. Mr. Munson stated that the applicant has a 21 E 
Report, but did not have a problem with having an LSP on site. 
Bob Murphy also requested that the detention basin be planted with Cat -of -Nine - 
Tails. 
Bob Murphy stated that the final issue was that of the car washing. He stated that 
he would like to see a continuing condition that no cars would be washed outside 
of the building. Mr. Munson stated that this condition should be limited to no 
chemicals used outside of the building as the cars outside are often sprayed off to 
remove dust. Bob Murphy also raised the issue of storage of wrecked cars on the 
facility. John Burke asked how many cars could be on the property at once and 
Mr. Munson stated that there were 378 spaces in total. The Chairman asked how 
many cars would be processed through the facility, i.e., how many sales per 
month were estimated as that would give an indication of the number of cars to be 
washed. There was further discussion of this issue. 
Motion made by John Burke to continue the hearing to April 19, 2000, seconded 
by Ed Lynch. 
Vote: Unanimous. (Chris Brindley absent for this vote.) 
April 5, 2000 page 4

7. BRIAN & VALERIE KILDUFF — LOT 3A, SPRUCE LANDE — DEP #124-769 
Henry Munson of Toomey -Munson & Associates, Inc. was present on behalf of 
the applicant. He stated that the changes had been made to the plan as requested 
by the Commission at the last meeting. 
Motion made by John Burke to close the hearing, seconded by Ed Lynch. 
Vote: Unanimous. (Chris Brindley absent for this vote.) 
Motion made by John Burke to issue a Standard Order of Conditions, seconded by 
Ed Lynch. 
Vote: Unanimous. (Chris Brindley absent for this vote.) 
OTHER BUSINESS: 
IRISH CULTURAL CENTRE — 200 BOSTON DRIVE — DEP #124-616 
This is a request for a two-year extension in order to complete the site work. 
Ed Lynch suggested limiting it to a one-year extension as is the current policy of 
the Commission. 
Motion made by Ed Lynch to issue a one-year extension, seconded by Chris 
Brindley. 
Vote: Unanimous. (Debra Sundin absent for this vote.) 
2. IRISH CULTURAL CENTRE — 200 BOSTON DRIVE — DEP #124-583 
This is a request for a one-year extension needed in order to complete the bridge 
and landing area. 
Motion made by John Burke to issue a one-year extension, seconded by Ed 
Lynch. 
Vote: Unanimous. (Debra Sundin absent for this vote.) 
3. BARLETTA CO., INC. — YORK STREET — DEP #124-617 
This is a request for a Certificate of Compliance. Bob Murphy reported that there 
were some violations at the site and that it was not in compliance. 
Motion made by Ed Lynch to deny the request for a Certificate of Compliance, 
seconded by Chris Brindley. 
Vote: Unanimous. (Debra Sundin absent for this vote.) 
April 5, 2000 page 5

Later in the meeting, Bob Murphy reported that he issued an Enforcement Order 
on this site because there was an oil/gas separator in the 30-foot no -build zone. 
Motion made by John Burke to affirm the Enforcement Order, seconded by Debra 
Sundin. 
Vote: Unanimous. (Chris Brindley absent for this vote.) 
4. JAMES SHARPE — 15 HISTORICAL WAY - IRFD 
This is a request for determination. 
Motion made by Chris Brindley to issue a Negative Determination, seconded by 
Debra Sundin, 
Vote: Unanimous. 
5. CUMBERLAND FARMS UPDATE 
Carl Shapiro of TGG and Craig Ellis of ECS presented an update on the cleanup 
work being done at the Cumberland Farms site. Mr. Shapiro reported that the 
1998 Order of Conditions had 21 special orders, which all have been followed and 
some have been completed. Mr. Shapiro also reported that the site is being 
managed in compliance with the Massachusetts Contingency Plan. The applicant 
has been providing monthly reports and the system has been working. 
Mr. Shapiro asked Mr. Ellis how frequently the system was shut down. Mr. Ellis 
reported that from September to January, the system was shut down eight to nine 
times because of the rising water table. The system is designed to shut down 
when water gets into the system. 
Mr. Shapiro asked how frequently the system is checked and monitored. Mr. Ellis 
stated that the system is checked every week. In addition, every quarter they take 
a groundwater sample and every month they take an air sample. Mr. Shapiro 
wanted to know if the tests indicated that the site is approaching cleanup. Mr. 
Ellis stated that the last two sampling rounds indicate that the contamination 
levels have decreased. Mr. Ellis stated that the system would operate until the site 
meets the Massachusetts Contingency Plan standards. This could take up to one 
to three years. 
An issue brought up at the last presentation was whether or not there were any 
other releases. Mr. Ellis stated that chlorinated solvents have been detected in one 
area. He stated that chlorinated compounds were found coming from an off -site 
source. They were not found in the current cleanup area. Cumberland Farms has 
filed for a downgrading of property status, which states that they are aware of an 
off -site source leaking contaminants. He told the Commission that he would get a 
copy of this filing. 
April 5, 2000 page 6