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Informational

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Pension Reserves Investment Management Board 84 State Street, Suite 250

Boston, Massachusetts 02109

Your beginning net asset value for the period was:

Your change in investment value for the period was:

Your exchanges from (to) the Cash Fund for the period were:

Your ending net asset value for the period was:

Town of Medfield State Retirees Benefits Trust Fund

August 01, 2017 to August 31, 2017

Month To Date

2,682,346.55

15,974.95

0.00

2,698,321.50

Net Change in Investment Value represents the net change through investment activities as follows:

Gross Investment Income: 5,175.11

Less Management Fees: (494.62)

Net Investment Income: 4,680.49

Net Fund Unrealized Gains/Losses: 818.49

Net Fund Realized Gains/Losses: 10,475.97

Net Change in Investment Value as Above: 15,974.95

• Deborah B. Goldberg, Treasurer and Receiver General, Chair

Michael G. Trotsky, CFA, Executive Director

Fiscal Year To Date

2,238,172.84

60,148.66

400,000.00

2,698,321.50

9,483.40

(979.24)

8,504.16

18,840.57

32,803.93

60,148.66

Calendar Year To Date

2,060,350.00

237,971.50

400,000.00

2,698,321.50

43,161.10

(7,166.60)

35,994.50

122,091.40

79,885.60

237,971.50

As of August 31, 2017 the net asset value of your investment in the SRBT Fund was: $2,698.321.50

Hyou have any questions regarding your statement, please contact your Senior Client Services Officer Paul Todisco (617) 946-8423. A detailed statement of your account is attached to this summary sheet.



Your beginning net asset value for the period was:

Your investment income for the period was:

Your total contributions for the period were:

Your total redemptions for the period were:

Your total exchanges for the period were:

Your state appropriations for the period were:

Your ending net asset value for the period was:

Town of Medfield Cash Investment

August 01, 2017 to August 31, 2017

Month To Date

0.00

0.00

0.00

0.00

0.00

0.00

0.00

•~1-~~------··-··---~---·-·-



Fiscal Year To Date

0.00

0.00

400,000.00

0.00

(400,000.00)

0.00

o.oo

Calendar Year To Date

0.00

0.00

400,000.00

0.00

(400,000.00)

0.00

0.00

As of August 31, 2017 the net asset value of your investment in the Cash Fund was: $0.00

H you have any questions regarding your statement, please contact your Senior Client Services Officer Paul Todisco ( 617) 946-8423. A detailed statement of your account is attached to this summary sheet.



PHTF90530002

Commonwealth Of Massachusetts

SRBT-MEDFIELD

Investments Units Of Participation

15,664.146 HCST OPEB MASTER TRUST

Total Investment:

Town of Medfield Investment Detail

8/31/2017

Cost

2,556,572.22

2,556,572.22



Price Market Value Unrealized Gain/Loss

172.2610 2,698,321.50 141,749.28

2,698,321.50 141,749.28

;-

Pension Reserves Investment Management Board • 84 State Street, Suite 250


DeborahB. Goldberg, Treasurer and Receiver General, Chair


PHTF90530002

Commonwealth Of Massachusetts

SRBT-MEDFIELD

NET ASSETS - BEGINNING OF PERIOD

DISBURSEMENTS:

CASH FUND EXCHANGES

RECEIPTS:

CONTRIBUTIONS:

PARTICIPANTS

INVESTMENT INCOME:

Town of Medfield Statement of Change In Net Assets

08/31/2017

Current Period

8/1/2017 8/31/2017

2,682,346.55

0.00 --

0.00 --UNREALIZED GAIN/LOSS-INVESTMENT

MASTER TRUST ALLOCATED EXPENSES

818.49 ---111.83

MASTER TRUST CHANGE IN REALIZED GIL

10,475.97

MASTER TRUST INVESTMENT INCOME

5,~ MT ALL INVESTMENT MANAGER FEES

-382.79

UNIT EXCHANGES

0.00

Total Receipts 15,974.95

Total Disbursements: 0.00

Net Assets - End of Period: 2,698,321.50

Fiscal Year 7/1/2017 8/31/2017

2,238, 172.84

400,000.00

400,000.00

18,840.57

-223.18

32,803.93

9,483.40

-756.06

400,000.00

860,148.66

400,000.00

2,698,321.50

Year To Date

1/1/2017 8/31/2017

2,060,350.00

400,000.00

400,000.00

122,091.40

-1,079.66

79,885.60

43,161.10

-6,086.94

400,000.00

1,037,971.50

400,000.00

2,698,321.50

STATEMENT EXPLANATION

Below you will find a description of each item posted to your statement.

CAPITAL ACCOUNT

Summary of Account Activity:

Your beginning net asset value for the period: Your change in investment value for the period:

Your total exchanges from (to) cash fund: Your ending net asset value for the period: Gross investment income:

Management fees:

Net investment income: Net fund unrealized gains/losses:

Net fund realized gains/losses:

CASH FUND

Your beginning net asset value for the period: Your investment income for the period: Your total contributions for the period:

Your total redemptions for the period:

Your ending net asset value for the period:

A summary statement produced for your investment in the State Retiree Benefits Trust Fund (SRBTF) includes both month-todate and fiscal year-to-date information. This statement is also furnished to the Public Employee Retirement Administration Commission (PERAC). The total balance of your investment as of the opening date of the statement period. The total increase or decrease in your investment includes net investment income, realized gains or losses, and unrealized gains or losses. Movement of funds occurring on the first business day of each month between your Cash Fund and Capital Account (SRBTF). The total balance of your investment as of the closing date of the statement period. Represents your allocable share of the SRBTF's income associated with securities and other investments (i.e. real estate), except for realized and unrealized gains or losses. It is principally interest, dividends, real estate income, and private equity income. Represents your allocable share of the SRBTF's expenses related to PRIM's investment advisors, consultants, custodian and operations expenses. Represents your allocable share of the SRBTF's gross investment income, less Management Fees. Represents your allocable share of the SRBTF's increase or decrease in value, attributed to a change in value of securities or other investments held in the PRIT Fund, relative to original cost. These gains or losses are "unrealized" because the investments have not yet been sold. Represents your allocable share of the SRBTF' s increase or decrease in value attributed to the PRIT Fund's sale of securities or other investments (i.e. real estate property). Whether you "realize" a gain or loss depends upon the price at which the investment was sold in relation to its original purchase price.

The total balance of your investment as of the opening date of the statement period. Interest earned for the period. Sum of all funds (i.e. wires and/or checks) sent into your SRBTF account during the statement period. Cash contributed any day during the month except the first business day will remain in your Cash Fund until the first business day of the following month, when it will then be exchanged into the General Allocation Account (SRBTF). Sum of all funds sent by wire from the PRIT Fund's custodian bank to your government entity during the statement period. A redemption made be made at any time throughout the month as long as your Cash Fund balance equals or exceeds the amount you wish to redeem. The total balance of your investment as of the closing date of the statement period.

If you have any questions about this statement, please call your Senior Client Service Officer, Paul Todisco (617) 946-8423.

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22

THE CO~NWF.ALTH OF MASSACHUSEt;S

OPFlCE 01" 'flfE SECRETARY

80STQN Nov•mber 12, 197$

I hereby certify that at the date of thi& attestation John J. Carroll

hereto anne~ed BJ:A~foltft~p)ftJ~. Peter E. Donadio, ThomaG £, Bartow,

Mal~olm R. Graf ~lhP'/litlt/./~pJJpfft were members of the Publi~ Works

Depart111enr of Public Works, duly appointed and qualified and that to their

11cta and ac.tcstationa, as auch, lull !ait:1 and credit are and ought to be

given in and out of Court, and, further, that their ll:l.gn11tures to the annexed

instrument ere genuine.

ln testimony of w1Jt1:h I have hereunto afftKed th1> CTr.at Sul

of the COMMONWEALTH the dated above wriften~~. h ~ Secntary of' the common..-ifti'i"'"

• •f.1'"""" ""'·'' •.

ROW-006 Rev. 10/1.5/72

------·- -.. -...... ,...,., _____________________ ~-~-----

-11• II ~OUSlNG

Massachusetts Housing Finance Agency One Beacon Street, Boston, MA 02108

TEL: 617.854.1000 I FAX: 617.854.1091 Vr: 866.758.1435 · www.masshousing.com

September 15, 2017

VIA CERTIFIED MAIL

Michael J. Larkin Country Estates of Medfield, LLC 29 Hospital Road Medfield, MA 02052

Re: Chapel Hill Landing Final Approval MassHousing ID No. 844

Dear Mr. Larkin:

"!..,!tV!~

St!' 21 iorr MEDFIELD SELECTMEN

Enclosed is the Final Approval letter for the captioned development, along with the foUowing Regulatory Documents:

1. Regulatory Agreement - Two (2) fu11y executed original Regulatory Agreements dated June 28, 2017, each with original Affordability Monitoring Services Agreement, original Limited Dividend Monitoring Services Agreement, and Acknowledgement of Zoning Board of Appeals - MassHousing has retained one (1) fuUy executed original Regulatory Agreement with original Affordability Monitoring Services Agreement, original Limited Dividend Monitoring Services Agreement, and Acknowledgement of Zoning Board of Appeals for its records;

2. Construction Monitoring Certification -One (1) original of the document executed by Needham Bank with acceptance signature by MassHousing dated as of August 23, 201 7 - One ( 1) original retained by MassHousing;

3. a) Developer's Acknowledgement of Obligations -One (1) copy ofdocumefit dated August 21, 2017 - One ( 1) original retained by MassHousing;

b) Letter of Credit - One ( 1) copy of fuUy executed document with issue date August 23, 2017 -Original retained by MassHousing.

Please forward one (1) of the original Regulatory Agreements with aU attachments to LDS Consulting Group, at the address listed in the Regulatory Agreement and one (1) of the original Construction Monitoring Certifications to Needham Bank, at the address listed in the Certification. Also, be sure to notify me immediately of the issuance date for any new building permit(s) and the actual dates of commencement and completion of construction.

Charles D. Baker, Governor J Michael J. Dirrane, Chairman I Timothy C. Sullivan, Executive Director Karyn E. Polito, Lt. Governor Ping Yin Chai, Vice Chair Karen E. Kelleher, Deputy Director

Final Approval Chapel Hill Landing

MH ID No. 844

Please be reminded that the Final Approval Letter is contingent upon recording of the enclosed Regulatory Agreement. Please forward evidence of recording, including a complete copy of the record document, to my attention within ten ( 10) business days of the date of this letter.

If you have any questions, please feel free to call me at ( 617) 854-1116 or e-mail me at [email protected].

Very truly yours,

~t-~ Katherine E. Miller 40B Specialist

cc: Mr. Osler L. Peterson, Chair, Medfield Board of Selectmen Mr. Stephen M. Nolan, Chair, Medfield Zoning Board of Appeals

2

Massachusetts Housing Finance Agency One Beacon Street, Boston, MA 02108

TEL: 617.854.1000 I FAX: 617.854.1091 VP: 866.758.1435 www.masshousing.com

September 15, 2017

Michael J. Larkin Country Estates of Medfield, LLC 29 Hospital Road Medfield, MA 02052

Re: Chapel Hill Landing Final Approval MassHousing ID No. 844

Dear Mr. Larkin:

This letter constitutes final approval under 760 CMR 56.04(7) ("Final Approval") of the project known as Chapel Hill Landing (the "Project") following the issuance of a comprehensive permit pursuant to Massachusetts General Laws Chapter 40B, 760 CMR 56.00 and the Comprehensive Permit Guidelines issued by the Department of Housing and Community Development (DHCD) (the "Guidelines") (collectively, the "Comprehensive Permit Rules").

On September 23, 2016, MassHousing ("MassHousing" or "Subsidizing Agency"), issued a Project Eligibility letter to Country Estates of Medfield, LLC ("the Applicant") for the Project under the New England Fund Program ("NEF") of the Federal Home Loan Bank of Boston ("FHLBB").

On September 23, 2016, the Applicant filed an application fora comprehensive permit from the Town of Medfield Zoning Board of Appeals (the "ZBA") to construct forty-eight (48) homeownership units (the "Original Project") on approximately 7.34 acres of land located at 21, 25 and 29 Hospital Road in Medfield, MA (the "Site"). At the ZBA's January 12, 2017 hearing, the Applicant proposed several mutually agreeable changes to the development, under which it was agreed to add one (1) additional affordable unit to bring the total number of affordable units to thirteen (13) and total units to forty-nine ( 49) (the "Project'} By decision dated April 5, 2017 the ZBA issued a comprehensive permit ("the Comprehensive Permit") to allow construction of the Project.

Pursuant to 760 CMR 56.05 (12)(B), we hereby confirm that CountryEstates of Medfield, LLC, meets the requirements of760 CMR 56.04 (l)(a) and (b). In accordance with the Comprehensive Permit Rules, priorto the issuance of any municipal permits for the Project, the Applicant must present Final Approval from the Subsidizing Agency. Accordingly, this letter constitutes Final Approval.

Charles D. Baker, Governor I Michael J. Dirrane, Chairman I Timothy C. Sullivan, Executive Director Karyn E. Polito, Lt. Governor Ping Yin Chai, Vice Chair Karen E. Kelleher, Deputy Director


MHIDNo. 844

According to information presented by the Applicant the Project will receive construction financing under the NEF Program through Needham Bank, a FHLBB Member Bank. Pursuant to the Comprehensive Permit and the Comprehensive Permit Rules, the Final Project will contain 13 affordable units . of housing available for sale to persons or families earning not greater than eighty percent (80%) of the area median income ("Income Requirement") in perpetuity ("Term Requirement"). The affordable units shall consist of five (5) single-family condominium units, six (6) duplex condominium units, and two (2) triplex condominium units. Profit to the developer shall be limited to no more than 20 percent of total development costs for the Project ("Limited Dividend Requirement").

In connection with our determination herein, we have reviewed (i) the Site Approval (prior to the issuance of which an on-site inspection was performed),. (ii) the Comprehensive Permit, (iii) the revised, preliminary plans on which the Comprehensive Permit was based (the "Plans"), (iv) the form of regulatory agreement (including the form of deed rider and affordability and limited dividend monitoring services agreements attached thereto, (the "Regulatory Agreement") to be recorded with the land records in the registry district in which the Municipality is located, (v) an updated initial pro forma for the Final Project (the "Updated Pro Forma"), (vi) the terms of the financing to be used for the Final Project, including provisions for monitoring of the Project during construction (the "Financing"), (vii) if not set forth on the Plans, a unit locator plan showing the preliminary location of the affordable units (the "Unit Locator Plan"), and (viii) other pertinent information presented by the Applicant and others.

As a result of our review, we have made the findings required by 760 CMR 56.04(7)(a), as informed by 56.04(1) and ( 4). In addition, the affordable units, if located in general conformance with the Unit Locator Plan or the Plans, will be reasonably interspersed with the market rate units.

Further, as required by 760 CMR 56.04(7)(b) and (c), this Final Approval (i) confirms that the Regulatory Agreement (a copy of which is annexed hereto as Exhibit A), as the proposed Use Restriction, is in a form consistent with the Comprehensive Permit Rules, (ii) verifies that the cost examination requirements have been acknowledged and that a commitment has been made by the Applicant to comply with the cost examination requirements defined in 760 CMR 56.04(8), as evidenced by the Developer's executed Acknowledgment of Obligations (a copy of which is annexed hereto as Exhibit B), and (iii) verifies that adequate financial surety, as defined in the Comprehensive Permit Rules, has been secured and is sufficient to ensure completion of the cost examination and the distribution of excess funds, in the form of a Letter of Credit issued by Needham Bank on August 23, 2017 and held by MassHousing under the Comprehensive Permit Rules.

We note that the Comprehensive Permit as issued contains a local preference condition. See requirements outlined in Section III (D) of the Guidelines. Such conditions are subject to the requirements of applicable state and federal fair housing laws. To the extent such conditions conflict with said laws, the provisions of the fair housing laws must govern.

Submission of an examined cost certification will be required upon completion of the development in order to determine that developer profits do not exceed 20% of total

2

Final Approval Chapel Hill landing

MH ID No. 844

development costs. The developer must adhere to the Land Value Policy described in the Guidelines. The land acquisition cost, for cost certification purposes, has been established at $1,300,000 based on the appraisal prepared for MassHousing by Edward V. Bowler of Bowler Real Estate Appraisal as of June 29, 2016. Please note that while MassHousing has reviewed the Updated Pro Forma and determined that it appears reasonable and consistent with the Comprehensive Permit Rules, this Final Approval is not an approval of the Updated Pro Forma's individual line items and all line items other than land acquisition cost will need to be properly supported when the Final Project's cost examination is submitted.

Please note that this Final Approval does not constitute site plan or building design approval. Also, please note that we have not reviewed nor approved the Plans for compliance with federal, state or local codes or other laws pertaining to construction since such approvals are within the jurisdiction of the local building official and zoning enforcement officer. Similarly, we are relying on the local building official and zoning enforcement officer to ensure that the final plans and specifications comply with the Comprehensive Permit prior to issuing a building permit. We view issuance of the building permit as evidence of such compliance.

This Final Approval is contingent upon recording of the Regulatory Agreement executed on behalf of Country Estates of Medfield, LLC and dated as of June 28, 2017, in the form prescribed by MassHousing and delivery to MassHousing of an executed construction monitoring certification from the construction lender in the form prescribed by MassHousing. Furthermore, this Final Approval will be effective for a period of the earlier of (a) six months following the date of this letter, or (b) the expiration date of the constructionloan commitment submitted as part of the Final Approval application. Should the Applicant not apply for building permits forthe Project within this period or should MassHousing not extend the effective period of this letter in writing, the letter shall be considered to have expired and no longer be in effect. In addition, we are requiring that MassHousing be notified at the time of the issuance of the building permits for the Project.

Please note that the maximum initial sales prices to be inserted on Exhibit B of the Regulatory Agreement are determined by reference to the area median income for the appropriately sized household for the affordable units. In accordance with DHCD's formula, the appropriately sized household for the unit is the numberofbedrooms in the unit plus one.

If you have any questions concerning this letter, please contact Kat Miller, at (617) 854-1116.

~~ Gregory P. Watson Manager, Comprehensive Permit Programs

3


MH ID No. 844

Attachments: Exhibit A: Regulatory Agreement Exhibit B: Developer's Acknowledgement of Obligations

cc: Chrystal Kornegay, Undersecretary, DHCD Mr. Osler L. Peterson, Chair, Medfield Board of Selectmen Mr. Stephen M. Nolan, Chair, Medfield Zoning Board of Appeals

4

: Septein ber I 3, 20 I 7

·' Lee Bloom

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth

Massachusetts Historical Commission

LCB Medfield Assisted Living. 3 Edgewater Drive, Suite I 0 I Norwood MA 02062

RE:· Medfield LCB Senior Living Project, 561-563A Main Street, Medfield, MA; MassDEP Wetlands File #214-0635; PAL #3252; MHC #RC.59658

Dear Mr. Bloom:

Staff of the Massachusetts Historical Commission (MHC) have reviewed the information that was submitted to this office on August 14, 2017 by Epsilon Associates, for the project referenced above. The staff of the MHC have the following comments.

The proposed project continues to consist of the construction of a 2.5 story, 78 unit assisted living community at 361 & 363A Main Street in Medfield. The proposed project also consists of the demolition of a· 2-story residence at 361 Main Street. The project will require ari Order of Conditions from the Massachusetts Department of Environmental Protection.

The proposed project site is adjacent to the Peak House at 347 Main Street and the Clark Tavern at 353-355 Main Street. The proposed project site is also adjacent to the Main Street Area (MED.A), which includes the Peak House and Clark Tavern. The Peak House is listed in the State and National Registers of Historic Places. It is the opinion of MHC staff that the Clark Tavern and the Main Street Area are eligible for listing in the National Register of Historic Places. ·

The MHC has reviewed the draft report, Intensive (Locational) Archaeological Survey and Site Examination of the Clark-Morse Site, LCB Med.field Assisted Living Facility, Medfield, Massachusetts, receiyed by the MHC on August 7, 2017. The report indicates that the archaeological deposits and features in the area of potential in:ipact for the project either lack archaeological integrity, or are unlikely to provide further important information regarding the ancient or historical period land use. Thus, in the MHC's staff's opinion, the archaeological features and deposits for the ancient and the historical period archaeological sites designated by the PAL as the Clark-Morse Sites that are located within the area of potential impact for the project do not meetthe National Register of Historic Places Criteria of Eligibility (36 CFR Part 60).

After review of MHC's files and the information submitted, MHC has determined that the proposed project will have an "adverse eftect" (950 CMR 71.05(c) and 950 CMR 71.07(2)(b)(3)) on the Peak House, Clark Tavern, and Main Street·Area through the introduction of visual elements that are out of character with and will alter the setting of a State Register property.

Pursuant to 950 CMR 71 .07(3), the MHC looks forward to consulting with LCB Medfield Assisted Living, the Massachusetts Department of Environmental Protection, and the Medfield Historical Commission to explore alternatives that would eliminate, minimize, or mitigate the adverse effect of the

220 Morrissey Boulevard, Boston, Massachusetts 02125 (617) 727-8470 • Fax: (617) 727-5128

www.sec.state.ma. us/mhc

proposed visual impacts. The MHC hereby initiates its consultation process pursuant to 950 CMR. 71.07(3).

.. . The MHC requests that the proponent provide an alternatives study that explores alternatives that would eliminate or decrease the visual impact from the historic properties. ·

These comments are offered to assist in compliance with M.G.L. Chapter 9, sections 26-27C (950 CMR 71.00). Please do not hesitate to contact Edward L. Bell, Deputy State Historic Preservation Officer and Senior Archaeologist, or Elizabeth Sherva, Preservation Planner, of my staff if you have any questions.

Sincerely, "

~s-~ Brona Simon State Historic Preservation Officer Executive Director State Archaeologist Massachusett:S Historical Commission

xc: Denise Child, Massachusetts Department of Environmental Protection, Central Regional Office Rebecca Tilton, Massachusetts Department ofEnvironinental Protection, Central Regional Office Medfield Historical Commission · Daniel M. Feeney, Beals and Thomas, Inc.· Brian ,Lever, Epsilon Associates, Inc. Deborah C. Cox, PAL, Attn. Dianna Doucette Robert Warren, Trustees of Reservations

DRAFT Tl MELINE FOR DISCUSSION & REVIEW [September 20, 2017]

Medfield State Hospital Master Planning Committee Proposed Timeline and Tasks Draft of September 20, 2017 Developed by the Consensus Building Institute

This is a draft for discussion at the 9/20/17 MSHMPC Committee Meeting.

A. Overview

The committee needs time to think and discuss and consult, the technical team needs time to complete the Master Plan to the appropriate level of detail, the process needs to follow all proper and required processes and timelines, and few people want to go to meetings or work hard between Thanksgiving and New Years. Given that the MSHMPC schedule has been slipping over the past year with the Open House occurring in February (instead of Nov/Dec 2016), and given that the McCabe team has prepared for and participated in more meetings than were budgeted, and given that the financial analysis has been more iterative and extensive than planned for, we propose extending the schedule between today and when the plan gets voted on by the town. And, in order to allow for more work to get done between meetings, including design and writing tasks, we also propose shifting to a MSHMPC meeting schedule of approximately every three weeks.

Trying to work within the constraints of the available months, budget, and peoples' patience, this document outlines how such a schedule could work.

B. Subcommittees I Committee work

Here are some supporting activities that need work and are outside the McCabe team's scope, with ideas on who might do them in some cases.

This is a preliminary brainstorm and needs careful thought and discussion.

• Expedited Permitting - 1-2 committee members+ Sarah look at all the bylaws and figure out if all the departments and boards could commit to issuing permits within 180 days.

• Parking by water tower - some committee or staff members need to contact the town council regarding Bill's suggestion to find out if parking near the water tower is permissible within town statute. Also meet with the Water and Sewer Commission about the water tower

• Meeting with Water & Sewer Commission (with PARE members of McCabe team) regarding water & sewer issues.

• Warrant Committee - present to the warrant committee. Could Steve Nolan do this? • Planning Board - need to bring them along, maybe with 2 committee members (Teresa and ?)

plus Sarah.

1


C. Draft Timeline

2017 - Content Development of the Strategic Reuse Plan & Zoning

• September 20 - MSHMPC Meeting. Agenda topics: 1. Medfield day report out 2. Maintaining control - What does it mean for the town to maintain control of MSH? 3. Zoning - 40R recap, discussion and decision on zoning approach 4. Financials - Private investment option ranges considering key variables, real estate tax

estimates 5. Parking - Shared parking implications 6. Project timeline

• October 4 - MSHMPC Meeting. Agenda topics: 1. Financials - town and taxpayer financial options and implications, including school and

other fiscal impacts 2. Design Guidelines - present and discuss principles to guide the design guideline

development

• October 25 - MSHMPC Meeting. Agenda topics (6pm start time): 1. Design Guidelines - continued discussion, street standards 2. Open Space & Public Access - review draft policies and strategies 3. Zoning - discuss zoning policy issues 4. Financial Incentives - presentation on what incentives could work together

• November 15 - MSHMPC Meeting & Planning Board (tentatively). Agenda topics: 1. Phasing - present and discuss proposed approach (must occur after the open space and

public access discussion and the financial incentives discussion) 2. Zoning - review draft zoning and make final decisions 3. Public engagement - plan community outreach for coming months

• November o Messaging & pubic process begins o Planning Board reviewing and discussing zoning

• December 6 or 13 - MSHMPC Meeting. Agenda topics: 1. Review final draft of MSH Strategic Reuse Plan and any outstanding issues 2. Disposition and Implementation - discussion of and decision about possible approaches

• December o MA Department of Housing and Community Development reviews the 40R zoning o Committee members share and pitch the plan to friends and neighbors o McCabe team fine-tune and finish the final plan writing o Committee members approve zoning o Planning board approve zoning o Committee members approve MSH Strategic Reuse Plan

2018 - Review and Messaging

2


This is the part of the project where it becomes about messaging of the proposed MSH Strategic Reuse Plan with the public and review of related components by various bodies and the public.

To be added to this schedule: any MSHMPC meetings.

• January o Early Jan - Planning Board review the MSH Strategic Reuse Plan and zoning o Jan 5 - draft zoning sent to the Medfield Press {earlier if possible for proper formatting) o Jan 12 - advertisement #1 in the Medfield Press about zoning hearing o Jan 19 - advertisement #2 in the Medfield Press about zoning hearing o Jan 29 - first Planning Board Public Hearing on Zoning

• February o Feb 5 - second Planning Board Public Hearing on Zoning o Feb 26 - third Planning Board Public Hearing on Zoning, if needed o Concurrent with the Planning Board Public Hearing or 4-6 weeks before Special Town

Meeting - Warrant Committee review of the financials

• March o Special Town Meeting - Public meeting. Could include voting on topics such as the

following. These votes would have to occur in a specific order. Unless noted otherwise, these votes require a majority to pass:

• Zoning {requires 2/3 approval) • Approval of MSH Strategic Reuse Plan {optional, a vote would give this more

weight) • Approval of possible incentives {e.g. having MSH join an economic development

target area) • Approval of expedited permitting (has to happen after the zoning envelope is

approved) • Approval of any decisions on implementation that require a town vote rather

than just a Board of Selectmen decision

3

dcr Massachusetts

• I , September 20, 2017

Certified Mail No. 7009 1680 0000 6390 9354 Return Receipt Requested

Town of Medfield c/o Michael J. Sullivan, Town Administrator 459 Main Street Medfield, MA 02052

Ra~§tVl:f!l

~tt~ ~a ton MEOtllcltl SELECTMEN

SUBJECT: DAM SAFETY REGULATIONS -- 302 CMR 10.00 and REGISTRATION OF DAMS

Dear Mr. Sullivan:

Office of Dam Safety is in the process of reviewing registration documents on file with the department and it has come to our attention that the registration process for Danielson Mill Dam has not been completed. Per 302 CMR 10.05, all dams must be registered to create a public record of ownership.

The Dam Safety Statute, Massachusetts General Law Chapter 253, §§ 44-50 requires dam safety to maintain a public record of the performance of dams. Dam owners are required to register and inspect dams and to maintain dams in good operating condition. In order to assist all dam owners in complying with the requirements of the statute and regulations, DCR has posted on its web site, http://www.mass.gov/eea/agencies/dcr/conservation/dam-safety/, the regulations as well as the forms you need to comply.

The current regulation, 302 CMR 10.05 requires dam owners to file a Dam Registration Form with DCR and to inform DCR of a pending sale of property upon which a regulated dam is located. Enclosed with this letter you will find a Dam Registration Form for each dam you own that needs to be completed and submitted to:

Office of Dam Safety - Dam Registration Department of Conservation and Recreation John Augustus Hall 180 Beaman Street West Boylston, MA 01583

Please note, municipalities are exempt from registration fees. Upon review and approval by DCR Office of Dam Safety personnel, DCR will issue a Certificate of Registration. Failure to submit a Dam Registration Form may subject you'to penalties of up to $500 per violation. For continuing violations, each day shall be considered a separate violation.

COMMONWEALTH OF MASSACHUSETTS · EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS

Department of Conservation and Recreation 251 Causeway Street, Suite 600 Boston MA 02114-2119 617-626-1250 617-626-1351 Fax www.mass.gov/dcr

Charles D. Baker Governor

Karyn E. Polito Lt. Governor

Matthew A. Beaton, Secretary, Executive Office of Energy & Environmental Affairs

Leo Roy, Commissioner Department of Conservation & Recreation

' .. Owners of dams who do not have internet access should contact Emily Caruso at (508) 792-7716, ext. 606, to have the required forms mailed or questions answered. Thank you for your anticipated cooperation in helping ensure safe dam operations throughout the Commonwealth of Massachusetts.

Sincerely,

~~>/~ William C. Salomaa, Director Office of Dam Safety

Enclosures: Dam Registration Form

dcr Massachusetts

• . . Section I: Office of Dam Safety Information

Dam Name: Name ofimpoundment: Location (City/Town): Dam Height (feet): Hazard Potential Rating: National Dam ID No.:

Commonwealth of Massachusetts Department of Conservation and Recreation (DCR)

Office of Dam Safety (ODS) DAM REGISTRATION FORM (DRF)

Current Information on File. Section I: Please make updates/revisions Danielson Mill Dam Danielson Pond Medfield 7 ft Significant MA03351

Section II: Please Provide Owner(s) Information

Legal Dam Owner(s) Name(s): Mailing Address: Town/Zip: Phone: Website and Email Info:

Current Information on File Town of Medfield 459 Main Street Medfield, MA 02052 Please provide Please provide

Section III: Please Provide Registry of Deeds Information

Location of property where the dam lies: Registry Location (County Name): Registry of Deeds Book Number: Registry of Deeds Page Number: Registry of Deeds Plan Book (if applicable) Registry of Deeds Plan Number (if applicable) Land Court Certificate Number (if applicable):

Current Information on File Lat.: 42.1705, Long.: -71.2951 Norfolk Please provide Please provide Please provide Please provide Please provide

Section IV: Please Provide Town/City Assessor's Office Information Current Information on File

Map Number (if applicable): Please provide Section Number (if applicable): Please provide Lot Number (if applicable): Please provide Other: Please provide Record owner(s) and address: Town of Medfield

459 Main Street Medfield, MA 02052

Section V: Schedule of fees

Section II: Please make updates/revision_s

Section HI: Please make updates/revisions

Section l!V: Please make updates/revisions

The Commonwealth, its agencies, authorities and political sub-divisions, including municipalities, are exempt from the payment of fees.

I hereby certify to the best of my knowledge that the information provided on this form is correct.

Signature and title of owner:------------------- Date: ________ _

COMMONWEALTH OF MASSACHUSETTS · EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS

Department of Conservation and Recreation 251 Causeway Street, Suite 600 Boston MA 02114-2119 617-626-1250 617-626-1351 Fax www.mass.gov/dcr

-~ Charles D. Baker

Governor

Karyn E. Polito Lt. Governor

Matthew A. Beaton, Secretary, Executive

Office of Energy & Environmental Affairs

Leo Roy, Commissioner Department of Conservation & Recreation

TOWN OF MEIJ--~44~H~OS~P~ITA~L:..:.:R::::,D ___ --;~-;-;;~~:::-~o-::-:3:;::0-BOARD OF APPEALS Qlr--_HO_SP_IT_AL_R_D ___ _:71....:..-00::...:..1 __

LUC: 931

Phone: 508-906-3027 Fax: 508-359-6182

459 Main Street Medfield, MA 020~

Abutters Notice - Blasting

TOWN OF MEDFIELD

459MAIN ST. MEDFIELD, MA 02052

In accordance with ZBA Decision #1300 Comprehensive Permit Condition G.17, please see attached for notice of blasting for Chapel Hill Landing (aka Country Estates, Hospital Road 40B at 21, 25, 29 Hospital Road).

Date of Notice: Tuesday, September 26, 2017 Date of Mailing: Tuesday, September 26, 2017 Drilling and Blasting Expected to Commence: Wednesday, October 11, 2017

This notice is being sent to abutters who were sent a notice of the public hearing (abutters or abutters to abutters within 300' of the property). Please note that this requirement differs from the State law requiring abutters within 250' of the blasting site to be contacted and offered a preblast inspection (for more information see attached letter from Rock Splitters Inc.). Any questions or concerns about the blasting procedure may be addressed by contacting the blasting company directly at:

Rock Splitters, Inc. at (508) 248-3900 or (508) 726-2661

Or the Medfield Fire Department at:

114 North Street Medfield, MA 02052 (508) 359-2323

Complaints regarding compliance with the ZBA's decision may be addressed by contacting the Zoning Enforcement Officer at:

John Naff, CBO, Building Commissioner 459 Main Street Medfield, MA 02052 (508) 906-3007 [email protected]

Copies of the ZBA decision may be obtained by contacting the Town Planner at:

Sarah Raposa, AICP, Town Planner 459 Main Street Medfield, MA 02052 (508) 906-3027 [email protected]

•

Residential and Commercial Swimming Pools • Foundations • Trench Lines

P0Box415 (508) 726-2661 Charlton City, MA 01508

ABUTTER NOTIFICATION &ce1titr·1 Dear Abutting Home Owner:

RE: Hospital Rd

l l· SEP 26 2017

p\J\NN\NG DEPl Larkin Real Estate project

Please be advised that Rock Splitters Inc. will be commencing drilling & blasting operations in your area starting on or about Wednesday (October 11, 2017) from 10:00 am to 4:00 pm at Hospital Road, Medfield, M.A.

We apologize for any inconvenience that this may cause during working hours.

···If-you should have any questions or concerns, please do not hesitate to contact Rock Splitters, Inc at (508) 248-3900 or (508) 726-2661.

Please be advised that if you did not have a Pre-Blast Inspection, one will be provided to you at your convenience at no cost. If this be the case please contact our inspector at (508) 328-8789 (Falvey Associates).

Please be advised that this flyer serves as notice of our upcoming events.

Thank you for your patience.

Sincerely,

Rock Splitters Inc.

! I

P.O. Box 415 Charlton City, MA 01508

0 - 508.248.3900 F - 508.248.3901

September 26, 2017

Town of Medfield 459 Main St Medfield, MA 02052

©@~~ Attn: Chief Hollingshead ie c ·a ' ~ '1 ,¥11 ' ~ll! Re: Proposed Blast Plan

Hospital Road Medfield, MA

SEP 2 6 2017 \!.~'.,,

Dear Chief Hollingshead: N\NGDEP1

The following document provides the processes and proposed blast plan for the excavation of bedrock in the project identified above. These processes and procedures are followed by Rock Splitters Inc. (RSI) employees to ensure the safe use of explosives.

Safety

It is the policy of Rock Splitters, Inc. to ensure that all employees are aware of and properly trained in the recognition, control, transport and use of Explosives and to observe all State and Federal Laws and Regulations. All employees on this project will have the appropriate licensing and Certifications required by the State of Massachusetts. Prior to the- transport of any hazardous material for any project or transfer the Blaster in Charge involved with the project will according to the Rock Splitters, Inc. Safety Plan Section 13.5 perform a Job Safety Analysis (JSA).

All blasts will be monitored with seismographs set up in accordance with the I.S.E.E. Field Practice Guideline for Blasting Seismographs. The seismographs will be set up prior to each blast at the closest structure(s) to the blast and all readings will be provided to the Medfield Fire representative on site.

Misfire procedure will follow the 527 CMR 1 and referencing NFPA 495 10.5 which follows:

"10.5 Misfires.

10.5.1 Where a misfire is found, the blaster-in-charge shall provide the proper safeguards for excluding all personnel from the blast area.

1

10.5.2 Misfires shall be reported to the supervisor immediately,

10.5.3 No additional work, other than that necessary to remove the hazard, shall be performed.

10.5.3.1 Only those persons needed to do such work shall remain at the blast site.

10.5.4 No attempt shall be made to extract explosive materials from a misfired hole.

10.5.4.1 A new primer shall be inserted, and the hole re-blasted.

10.5.4.2 Where re-blasting presents a hazard, the explosive materials shall be permitted to be washed out with water, or, where the misfire is under water, blown out with air.

10.5.5 Whenever there is a misfire, all personnel shall remain at a safe distance for at least.15 minutes (30 minutes if electronic or cap and fuse initiation is used).

10.5.6 Misfires shall be the responsibility of the person in charge of the blasting operation.

10.5.7 Where a misfire is suspected, all initiating circuits (electric or nonelectric) shall be traced carefully and a search made for unexploded charges.

10.5.8 No drilling, digging, or picking shall be permitted until all misfires have been detonated or until the authority having jurisdiction approves the resumption of work."

Blasting Procedures Prior to the start of any blasting project RSI performs a site visit to obtain firsthand knowledge of any potential constraints or concerns presented by the Town, physical site, client or abutters. The most prominent concerns RSI has found with this site riprap wall on an adjacent property approximately 80.0 feet from the proposed blasting. The following procedures express the methods we will employ to safely minimize the above concerns. The technical section that follows illustrates the actual blast design that will allow us to achieve a safe and productive outcome on this project.

Prior to any blasting taking place a pre-blast survey will be offered to all residents within 250 feet of any area being blasted. These surveys are in compliance with Mass. 527 CMR 1 and are paid for by RSI.

2

We will begin by performing a test blast adjacent to an area that is already to grade, which will provide relief for the blast. The purpose of the test blast(s) is to determine rock response, peak particle velocities (PPV's) and fragmentation results based on our proposed blast patterns, borehole diameters and product selection. It is important to note that all blasting will be directed toward the pre-excavated area for maximum relief.

To minimize the potential for fly rock or excessive air overpressures we will be using rubber mats to cover all blasts. As an additional measure to minimize the potential for fly rock, excessive air overpressures or excessive ground vibrations each impending blast location will have the faces excavated to provide for proper relief and allow the blaster in charge to view conditions prior to loading any blast holes in the proposed round.

Blast Warning Signal signs will be placed according to the requirements of 527 CMR 1 and additional signs will be posted at all potential entries to the site. Prior to the initiation of any blasts it is our blaster in charge that will be responsible for ensuring the designated blast site and blast area are cleared of all non-essential personnel. Once this has been established our Blast Warning Signal sequence may begin. We currently use electric rechargeable sirens with an audibility of greater than 500 feet. The Blast Warning Signal sequence is as follows: Warning Signal, three long blasts/whistles/sirens five (5) minutes prior to the shot, Blast Signal, two long blasts/whistles/sirens one (1) minute prior to the shot and the All Clear Signal, one long blasts/whistles/sirens after the blast area has been inspected by the blaster in charge.

Test and Production Blasting Technical Data Our first test blast is designed for a 4.0 - 5.0 foot cut using a borehole depth of 8.0 feet. Spacing of the holes will be 4.0 feet and the burden will be 4.0 feet and the initial borehole diameter is to be 2.50 inches. The maximum depth of blasting for the drain trench is 8.0 feet. The production profile underneath utilizes a 5.0 foot burden by 5.0 foot spacing designed for a7.0 - 10.0 foot cut

.. witha total depth of 12.0 . .feet..This spacing is typical for small production blasting. The explosives will be initiated using a non-electric system and we will be initiating one hole per delay. The diagram below shows the plan view of the pattern with the timing sequence and the profile shows a typically loaded hole. The encircled numbers are in milliseconds. This will maintain one hole per delay.

We are providing two profile scenarios for the expected site conditions; the first is for the test blast and production blasting if the results meet expectations, the second scenario illustrates a broader pattern for areas requiring deeper cuts and to accommodate local site conditions. This is necessary as the type of explosive product will vary according to local geologic and site conditions. Please note that the positioning of the millisecond delay initiators allows the blaster to control the movement and direction with a great degree of accuracy. The table below the diagrams shows the expected peak particle velocities for the average bounds of experience where K = 160 which is the value adopted in the formula accepted by the State of Massachusetts for predicting peak particle velocity.

3

Test and Production Blast Timing Sequence (4.0 ft. by 4.0 ft. x 8.0 ft.)

0 88000 ~60000

esoooo Test and Production Blast Timing Sequence (5.0 ft. x 5.0ft. x 12.0ft.)

800088 GG80GG G8G8GG

4

Explosive Column Loads

Dry Borehole Wet Borehole

0.0 Ground Surface 0.0 Ground Surface

4.5 ft.

6.6 ft.

8.0 ft.

NOTTO SCALE

5

Dry Borehole Wet Borehole

0.0 Ground Surface 0.0 Ground Surface

5.0 ft. 5.0 ft.

10.6 ft. 10.6ft.

12.0 ft. 12.0 ft.

NOTTO SCALE

6

In the above column load diagrams, the products used are as follows:

.. :·. Stemming - 3/8-inch crushed stone

Amex AN prills. Amex has an S.G. of 0.84 glee with a VOD of 13,000 ft/s. This product is not detonator sensitive.

Fortel Extra 2.0 x 16.0. Fortel extra is a booster sensitive emulsion with an S.G. of 1.26 g/cc with a VOD of 16,000 ft/s,

PowerPro 1.5 x 16 Extra gelatin with an S.G. of 1.51 g/cc, average weight per stick 1.92 pounds. Extra Gelatin is detonator sensitive with a VOD of 17 ,400 ftls

TOTAL weight 8.0 ft. dry column load is approximately 5.29 pounds per hole. TOTAL weight 8.0 ft. wet column load is approximately 5.14 pounds per hole. TOTAL weight 12.0 ft. dry column load is approximately 11.55 pounds per hole. TOTAL weight 12.0 ft. wet column load is approximately 11.15 pounds per hole.

The table below displays the expected peak particle velocities at varying distances from the blast. The accepted formula used for predicting peak particle velocity (PPV) is I60(SDyl.6. Where 160 often referred to as the K factor is a variable that reflects the average rock response during typical construction blasting. The 160 factor has been accepted and is required for use when submitting blast analysis plans in accordance with CMR 1. Depending on rock mineralogy and quality i.e. competence, frequency of jointing or fracturing the K factor may be found to be greater or less than the average of 160. SD, known as scale distance is the ratio of the.actual distance to the area of concern divided by the square root of the maximum pounds of explosive initiated during an 8 millisecond period.

7

Peak Particle Velocity (PPV) Prediction Table

Distance Scale Scale PPVfrom PPVfrom (ft.) Distance Distance trench blast production blast

50 21.74 14.71 1.16 N/A 60 26.09 17.65 0.87 N/A 70 30.43 20.60 0.68 N/A 80 34.78 23.54 0.55 1.02

90 39.13 26.48 0.45 0.85

100 43.48 29.42 N/A 0.71

125 54.35 36.78 N/A 0.50

150 65.22 44.14 N/A 0.37

175 76.09 51.49 N/A 0.29

200 86.96 58.85 N/A 0.24

225 97.83 66.21 N/A 0.20

250 108.70 73.56 N/A 0.16

The table below lists the anticipated elastic displacement values using the maximum predicted peak: particle velocities from the table above.

Elastic Displacement Prediction Table

Distance Max. Wt. PPV (in/s) Lowest expected Elastic Displacement . .from blast., lbs. @K=1e,Q . .. f(~~rne.n_cy .(!:l.zJ ... .. ... .. Jin'.) .

50 5.29 1.16 40 0.004618627

60 5.29 0.87 40 0.00345003

70 5.29 0.68 40 0.002695926

80 5.29 0.55 40 0.002177313

90 11.55 0.85 40 0.003368045

100 11.55 0.71 40 0.002845548

110 11.55 0.61 40 0.00244308

120 11.55 0.53 40 0.002125573

130 11.55 0.47 40 0.001870064

140 11.55 0.42 40 0.001660967

150 11.55 0.37 40 0.001487373

160 11.55 0.34 40 0.001341448

170 11.55 0.31 40 0.00121744

180 11.55 0.28 40 0.001111041

190 11.55 0.26 40 0.001018967

200 11.55 0.24 40 0.000938681

8

It is important to note that the above timing, spacing and explosive's types are proposed based on previous experience. Unseen geologic conditions may warrant changes in any or all of the parameters related to the blasting in order to maintain public safety.

As mentioned in the Blasting Procedures, relief is tantamount in ensuring safe blasting. Relief is the area which allows the expanding fragmented rock to safely move allowing for a high degree of control in designing and directing the results of a blast.

To advance and capitalize on the safety provided by the above conditions RSI is confident that by limiting shot size that blasting can safely be conducted without producing excessive vibration or air-blast and eliminating the opportunity for fly rock.

We appreciate having the opportunity to assist in this project and request that if you have any questions or concerns regarding this document you contact us at once.

Respectfully,

Brian W. Decot President

Rock Splitters, Inc. P.O. Box 415 Charlton City, MA 01508

0 - 508.248.3900 F - 508.248.3901

9

Drilling will take approximately 3 weeks. Blasting will commence in unison with drilling. The developers are intending to haul ledge off site rather than crush on site so as to eliminate additional disturbance to neighbors. However, rock hammering will be used as necessary to breakdown overburden to fit in truck for hauling (Tresca).

NOTES:

~ ..... -""""""'° e:>arr.t"~BTUll HICll'.PReC:Al'l'lll!M:ft

"'"""""''"·'

DESIGN IS BASED UPON A PLAN TITLED 'COUNTRY EST ATES OF MEDFIELD, MA" PREPARED BY McKENZIE ENGINEERING GROUP, INC. DA TED 05/19/16, REVISED 04/14/17.

Country Estates Hospital Road Medfield, MA

Scope Attachment

DAf.B: 06/30/17 SCAUf: I" ., 80'

NO MEADOWS RD 48-036

(508) 906-3027 (508) 359- 6182 Fax

TOWN OF MEDFIELD

459 MAIN STREET MEDFIELD, MA 02052

TOWN OF MEDFIELD Office of the

Board of Appeals on Zoning TOWN HOUSE, 459 MAIN STREET

MEDFIELD, MASSACHUSETTS 02052-2009

NOTICE OF DECISION

APPLICANT: 7th Wave Brewing Inc. DECISION DATE: September 27, 2017 DATE OF FILING DECISION: September 28, 2017 DECISION NUMBER: 1312

At a public meeting held on September 27, 2017 the Town of Medfield Zoning Board of Appeals, acting in the above referenced matter, approved with conditions the requested modification of ZBA Decision #1258 to expand operations, expand hours, provide outdoor seating, and modify interior space as shown on the submitted proposed floor plan.

The property is located at 120 North Meadows Road, Assessors' Map 48, Lot 001; IE Zoning District.

An appeal of this decision of the permit granting authority may be made by any person aggrieved pursuant to MGL Chapter 40A Section 17, as amended, within 20 days after the date of filing the notice of decision in the Office of the Town Clerk.

Copies of the decision may be obtained at the office of the Board of Appeals in person or via email.

Sarah Raposa Town Planner (508) 906-3027 [email protected]

LUC: 930

149 HIGH ST

TOWN OF MEDFIELD

459MAIN ST

MEDFIELD, MA 02052

TOWN OF MEDFIELD Office of the

Board of Appeals on Zoning

(508) 906-3027 (508) 359- 6182 Fax

TOWN HOUSE, 459 MAIN STREET MEDFIELD, MASSACHUSETTS 02052-2009

NOTICE OF DECISION

APPLICANT: John and Ann Rijo DECISION DATE: September 27, 2017 DATE OF FILING DECISION: September 28, 2017 DECISION NUMBER: 1314

At a public meeting held on September 27, 2017 the Town of Medfield Zoning Board of Appeals, acting in the above referenced matter, approved with conditions the requested special permit under M.G.L. Chapter 40A §9 and/or Medfield Zoning Bylaw §300-9.1.C.2. and the Table of Area Regulations referenced in §300-6.2 and/or a variance from Article 6 of the Zoning Bylaw that the proposed work consisting of the demolition of the existing home and construction of a new single family home on the same foundation with an addition to the foundation will not be substantially more detrimental to the neighborhood than the existing nonconforming nature of the property.

The property is located at 135 High Street; Assessors' Map 18 Lot 032; RT Zoning District.

An appeal of this decision of the permit granting authority may be made by any person aggrieved pursuant to MGL Chapter 40A Section 17, as amended, within 20 days after the date of filing the notice of decision in the Office of the Town Clerk.

Copies of the decision may be obtained at the office of the Board of Appeals in person or via email.

Sarah Raposa Town Planner (508) 906-3027 [email protected]

18-028

LUC: 930

Phone: 508-906-3027 Fax: 508-359-6182

TOWN OF MEDFIELD BOARD OF APPEALS ON ZONING

459 Main Street Medfield, MA 02052

LAUREL DR

CAUSEWAY ST

TOWN OF MEDFIELD

459MAIN ST

ABUTTERS NOTICE MEDFIELD, MA 02052

36-059

LUC: 936

36-104

LUC: 930

The Zoning Board of Appeals will hold a public hearing starting at 7 :30 p.m. on Wednesday, October 11

13, 2017, at the Medfield Town House, 459 Main Street, to hear the following petition:

7:30 PM-Elizabeth W. McHugh (applicant) and Robert D. and Rose M. White (owners) seek a

special permit pursuant to Medfield Zoning Bylaw Section 300-14.10 for the use of an existing

Family Apartment in the dwelling located at 20 Causeway Street; Assessors' Map 36, Lot 093;

RS Zoning District.

The applications and plans may be viewed during regular business hours. All town boards and other

.interested parties.wishing to be heard should appear at thetime and place designated.

MEDFIELD PRESS

September 22, 2017

September 29, 2017

Stephen M. Nolan, Chairman


Questions? Comments? Contact Sarah Raposa, Town Planner: (508) 906-3027 or [email protected]

Most applications are available electronically; please send an email to request a copy.

TOWN OF MEDFIELD BOARD OF APPEALS ON ZONING

459 Main Street 12-004

Medfield, MA Oi.~~PLA~l~N ~sT:__-----:7718~_0~28-;:;--149 HIGH ST

Phone: 508-906-3027 Fax: 508-359-6182

ABUTTERS NOTICE

TOWN OF MEDFIELD

459 MAIN ST MEDFIELD, MA 02052

LUC: 930

The Zoning Board of Appeals will hold a public hearing starting at 7:50 p.m. on Wednesday, October 11

13, 2017, at the Medfield Town House, 459 Main Street, to hear the following petition:

7:50 PM- George & Sarah Waters (owner/applicants) requests a special permit under MGL

Chapter 40A §9 and/or Medfield Zoning Bylaw §300-6.2.T. for the proposed work consisting of

installation of an in-ground swimming pool within the rear setback.

The property is located at 26 Plain Street; Assessors' Map 18 Lot 074; RT Zoning District.

The applications and plans may be viewed during regular business hours. All town boards and other

interested parties wishing to be heard should appear at the time and place designated.

MEDFIELD PRESS

September 22, 2017

September 29, 2017

Stephen M. Nolan, Chairman


Questions? Comments? Contact Sarah Raposa, Town Planner: (508) 906-3027 or [email protected]

Most applications are available electronically; please send an email to request a copy.

Medfield Conservation Commission Town Hall · 459 Main Street · Medfield, Massachusetts 02052-2009 (508) 906-3028 ·Fax (508) 359-6182 · [email protected]

Editor, Legal Notices Medfield Press

September 22, 2017

Please publish the following legal notice on Friday, September 29, 2017 If you have any questions, please call Leslee Willitts, Conservation Agent, at (508) 906-3028.

LEGAL NOTICE

Pursuant to the Massachusetts Wetlands Protection Act, Mass. Gen. Laws ch. 131, sec. 40, and the Medfield Wetlands Bylaw, Chapter 290, the Medfield Conservation Commission will conduct a public meeting at Medfield Town Hall, Chenery Room, 2nd floor, 459 Main Street, on

*Thursday, October 5, 2017 at 7:30 P.M.

to review a Request for Determination of Applicability from *Rob MacCready for the removal and/or trimming of several trees and a fallen tree, including removal of invasive bittersweet vines within the 50-Foot No-Disturb Resource Area and the 100-foot buffer zone of a Bordering Vegetated Wetlands at *36 Foundry Street, Map 45, Parcel 074, on land owned by *him.

Ralph A. Parmigiane, Chairman

********** Please set starred (*) insertions in boldface.

cc: Town Clerk (Please post a notice of this hearing) VBoard of Selectmen Building Dept. Water & Sewer Dept. DPW

Board of Health Planning Board Zoning Board of Appeals

Applicant: Rob MacCready, 36 Foundry Street, Medfield, MA 02052

Owners: Same

Representative:

Medfield Conservation Commission Town Hall · 459 Main Street · Medfield, Massachusetts 02052-2009 (508) 906-3028 · Fax (508) 359-6182 · [email protected]

Editor, Legal Notices Medfield Press

September 22, 2017

Please publish the following legal notice on Friday, September 29, 2017 If you have any questions, please call Leslee Willitts, Conservation Agent, at (508) 906-3028.

LEGAL NOTICE

Pursuant to the Massachusetts Wetlands Protection Act Mass. Gen. Laws ch. 131, sec. 40, and the Medfield Wetlands Bylaw, Chapter 290, the Medfield Conservation Commission will conduct a public meeting at Medfield Town Hall, Chenery Room, 2nd floor, 459 Main Street, on

*Thursday, October 5, 2017 at 7:30 P.M.

to review a Request for Determination of Applicability from *Maria Puglia for the removal and trimming of several trees within the 100-foot buffer zone of a Bordering Vegetated Wetlands at *15 Minuteman Road, Map 59, Parcel 78, on land owned by *her.

Ralph A. Parmigiane, Chairman

********** Please set starred (*) insertions in boldface.

cc: Town Clerk (Please post a notice of this hearing) · vBoard of Selectmen Building Dept. Water & Sewer Dept. DPW

Board of Health Planning Board Zoning Board of Appeals

Applicant: Maria Puglia, 15 Minuteman Road, Medfield, MA 02052

Owners: Same

Representative:

Bos

Massachusetts Department of Environmental Protection Provided by MassDEP: . Bureau of Resource Protection- Wetlands MassDEP File #:214-0656 WP A Form 5 - Order of Conditions eDEP Transaction #:958711 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City!fown:MEDFIELD

____ Al'\t>l fhe MeJf,'e\6' We-th~Js 8yl1a."'- Ch41+~,... :Z.'llJ

A. General Information 1. Conservation Commission :MEDFIELD 2. Issuance a ~ OOC bF

3. Applicant Details a. First Name DONALD c. Organization d. Mailing Address 33 TIJBWRECK DRIVE e. City!fown DOVER f. State

4. Property Owner

a. First Name c. Organization

DONALD

d. Mailing Address 33 TIJBWRECK DRIVE e. City!fown DOVER f. State

5. Project Location

a.Street Address b.Cityffown d. Assessors Map/Plat# f. Latitude

147 HARDING STREET :MEDFIELD

72

42.21204N

6. Property recorded at the Registry of Deed for:

a.County

NORFOLK

7.Diites

b. Certificate

b.LastName

MA

b. Last Name

MA

c. Book

34962

AmendedOOC

COLANGELO

g. Zip Code 02030

COLANGELO

g. Zip Code

c. Zip Code

e. Parcel/Lot#

g. Longitude

60

71.32352W

d. Page

76

02030

a. Date NOI Filed: 8/1/2017 b. Date Public Hearing Closed: 8/17/2017 c. Date Oflssuance: 9/28/2017

8.Final Approved Plans and Other Documents

a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale:

"PROPOSED SITE PLAN" 147 HARDINGSTREET GLMENGINEERING JOYCEE.HASTINGS,PLS, JI 24 2017 l"=20, :MEDFIELD CONSULTANTS, INC. #39393 u y '

' MASSACHUSETTS

B. Findings

I .Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the the above-referenced Notice oflntent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act.

Check all that apply:

a. ~ Public Water Supply d. R' Private Water Supply

b. ~ Land Containing Shellfish e. 1" Fisheries

c.P' Prevention of Pollution f. ~ Protection of Wildlife Habitat

Page 1 of 11 * ELECTRONIC COPY

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WP A Form 5 ~ Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP: · MassDEP File #:214-0656 eDEP Transaction #:958711 City/Town:MEDFlELD

I g. P' Ground Water Supply h. Iii Storm Damage Prevention i. W Flood Control

2. Commission hereby finds the project, as proposed, is:

Approved subject to: a P' The following conditions which are necessary in accordance with the performance standards set forth in the

wetlands regulations. This Commission orders that all work shall be perfonned in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control.

Denied because: b. r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.

Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. .

c. r The information submitted by the applicant is not sufficient to describe the site, the work or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act , and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c).

3.~ Buffer Zone Impa~tfis:Sdh?rt3es1t0dCiMRstanc1 e0 b0e2tw(l)e(en)limit of project disturbance and the wetland . 20 resource area spect e m . a . -a.-1-in-ear-fi-ee-t

Inland Resource Area Impacts:(For Approvals Only):

Resource Area Proposed Alteration

Permitted Alteration

Proposed Permitted Replacement Replacement

Massachusetts Department of Environmental Protection

Provided by MassDEP: MassDEP File #:214-0656 eDEP Transaction #:958711 City!fown:MEDFlELD

Bureau of Resource Protection- Wetlands WP A Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Cubic Feet Flood Storage

9. r Riverfront Area

Sq ft within 100 ft

Sq ft between 100-200 ft

Coastal Resource Area Impacts:

Resource Area

10. r Designated Port Areas 11. r Land Under the Ocean

12. r Barrier Beaches 13 .. r Coastal Beaches

14. r Coastal Dunes

.. 15. r CoastalBanks

16 T Rocky Intertidal Shores

17. r Salt Marshes

18. r Land Under Salt Ponds

19. r Land Containing Shellfish

20.r Fish Runs

21. r Land Subject to Coastal Storm Flowage

c. cubic feet d. cubic feet e. cubic feet f. cubic feet

a. total sq. feet b. total sq. feet

c. square feet d. square feet e. square feet f. square feet

g. square feet h. square feet i. square feet j. square feet

Proposed Alteration



Indicate size under Land Under the Ocean, below

a. square feet b. square feet

c. c/y dredged d. c/y dredged

Indicate size under Coastal Beaches and/or Coastal Dunes below

a. square feet b. square feet c. c/y nourishment d. c/y nourishment

a. square feet b. square feet c. c/y nourishment d. c/y nourishment - . --- ___ ,..._

a. linear feet b. linear feet


a. square feet b. square feet c. square feet d. square feet




Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above




22.

Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands WP A Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

I Restoration/Enhancement (For Approvals Only)

Provided by MassDEP: MassDEP File #:214-0656 eDEP Transaction #:958711 City/I'own:MEDFJEID

If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c & d or B.17.c & d above, please entered the additional amount here.

a. square feet ofBVW 23. r Streams Crossing(s)

b. square feet of Salt Marsh

If the project involves Stream Crossings, please enter the number of new stream crossings/number ofreplacement stream crossings.

crossings a. number of new stream crossings b. number of replacement stream

C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects

1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order.

2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights.

3. Tliis Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.

4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply:

a. the work is a maintenance dredging project as provided for in the Act; or · ·· · ·· ·· -·· ·· ·· ···· ··· ·· · · · --·· ·· -- -b. ·the time for completion has been extended to a specified date more than three years, but less than five

years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order.

5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order.

6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions.

7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.

8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed.

9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate ofTitle of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work ..



Provided by MassDEP: MassDEP File #:214-0656 eDEP Transaction #:958711 City/I'own:MEDFIELD

10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,

" Massachusetts Department of Environmental Protection" [or 'MassDEP"]

File Number :"214-0656" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the

Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of

Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the

Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice oflntent.

15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation.

16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order.

17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.

18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.

NOTICE OF STORMW ATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order( the "Project") is (1) r is not (2)~ subject to the Massachusetts

Stormwater Standards. If the work is subject to Stormwater Standards, then the project is subject to the following conditions;

a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized.

b) No storm water runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all


~ Massachusetts Department of Environmental

~~ Protection ·-~ Bureau of Resource Protection - Wetlands 1 · WP A Form 5 - Order of Conditions

_

1

Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP: MassDEP File #:214-0656 eDEP Transaction #:958711 City/fown:MEDFIELD

construction period sediment trapped in inlet and outlet control structures; ii .. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 1 O; iv. all post-construction stor.mwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion.

c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 19( e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement") for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan.

d) Post-construction pollution prevention and source control shall be implemented in accordance with the longterm pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.

e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19( f) through 19(k) with respect to that BMP. Any failure of the proposed responsible party to

-- · ·· implement the requirements of Conditions 19(f) through 19(k) with respect to that BMP shall be ·a violation of the Order of Conditions or Certificate of Compliance. In the case of stonnwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the storinwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement.

f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook.

g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/ or replacement of the storm water management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority.

h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations.

i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the



prior written approval of the issuing authority.

Provided by MassDEP: MassDEP File #:214-0656 eDEP Transaction #:958711 Cityffown:MEDFJEID

k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority.

l) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.

Special Conditions: NIA


Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands

Provided by MassDEP:

WP A Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M G.L. c. 131, §40

MassDEP File #:214-0656 eDEP Transaction #:958711 City/fown:MEDFlElD

D. Findings Under Municipal Wetlands Bylaw or Ordinance

1.Is a municipal wetlands bylaw or ordinance applicable? W Yes r No

2.The Conservation Commission hereby(check one that atmlies): a. r DENIES the proposed work which cannot be conditioned

to meet the standards set forth in a municipal ordinance or bylaw specifically:

1. Municipal Ordinance or Bylaw -------- 2. Citation ---------

Therefore, work on this project may not go forward unless and until a revised Notice oflntent is submitted which provides measures which are adequate to meet these standards, and a final Order or Conditions is issued. Which are necessary to comply with a municipal ordinance or bylaw:

b. w APPROVES the proposed work, subject to the following additional conditions.

1. Municipal Ordinance or Bylaw

WETIANDS 2.. Citation CHAPTER 290

3.The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice oflntent, the conditions shall control.

The special conditions relating to municipal ordinance or bylaw are as follows: SEEATIACHED

Page 8 of 11 * ELECTRON1C COPY

E. Signatures


This Order is valid for three years from the date of issuance, unless otherwise specified pursuant to General Condition #4. If this is an Amended Order of Conditions, the Amended Order expires on the same date as the original Order of Conditions.

Provided by MassDEP: MassDEP File #:214-0656 eDEP Transaction #:958711 Cityffown:MEDFlELD

9/28/2017 1. Date of Original Order

Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2· Number of Signers

The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant,

Si~~~~ .••. ~~.~ii!f$1i•~··~ ~~ ~-- - ------- ------------------------------------·-- ---------·--···--·----------------

p{by hand delivery on ___ s~+~"rl.~r--~~--~~J1 __________ _

r by certified mail, return receipt requested, on

Date Date

F.Appeals

The applicant, the owner, any person aggrieved by this Order, any owner ofland abutting the land subject to this Order, or any ten residents of the. city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10. 03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.

Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order.

The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.


Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP: MassDEP File #:214-0656 eDEP Transaction #:958711 City/fown:MEDFJEW

(M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.

G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case ofrecorded land, the Final Order shall also be noted in the Registry's Grantor Index wider the name of the owner of the land subject to the Order. In the case ofregistered lru;i.d, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below.

MEDFIELD

Conservation Commission

Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.

To: MEDFIELD


Please be advised that the Order of Conditions for the Project at:

147 HARDING STREET 214-0656

Project Location MassDEP File Number

Has been recorded at the Registry of Deeds of:

Cowity Book Page

for:

Property Owner DONALD COLANGELO

and has been noted in the chain of title of the affected property in:

Book Page

In accordance with the Order of Conditions issued on:

Date

If recorded land, the instrument number identifying this transaction is:

Instrument Number

Ifregistered land, the document number identifying this transaction is:

Document Number


Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WP A Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Signature of Applicant

Provided by MassDEP: MassDEP File #:214-0656 eDEP Transaction #:958711 City/fown:MEDF1EID

Rev. 4/1/2010


Applicant:

Owner:

Location of Land:

DEP File No. 214-0656

ORDER OF CONDITIONS with Findings of Facts

Donald Colangelo

Same

147 Harding Street, Medfield, MA 02052 Assessor Map 72, Parcel 60

The following conditions supplement those on the attached Form 5 and apply to both the Massachusetts Wetlands Protection Act, Chapter 131, Sec. 40, its associated Rules and Regulat:ions·; 310 CMR lO:OO<and the Medfield Wetlands Bylaw, Chapter 290 and its associated Rules and Regulations:

GENERAL CONDITIONS OF THE COMMISSION

19. This Order of Conditions (Order) applies to the applicant, the owner of the lot described in the Notice of Intent (Land), and the successors and assigns of each. Accordingly, applicant means the applicant, the owner, and the agents, successors, and assigns of each.

20. The work authorized hereunder shall be completed within one year from the date of issue. This Order may be extended by the issuing authority for one or more periods of one year intervals upon written request at least 30 days prior to the expiration date of the Order. [Bylaw]

21. Before altering any part of the Land, the applicant shall provide the Commission, in writing, with the name, work and home address, and work and home telephone number of each person responsible for supervising the project and complying with this Order; notify the Commission in writing of the date work will begin at least seven (7) days before it will begin; if the Commission so requests, meet on the site with the Commission, the project supervisor ·

1


identified above, and other persons the Commission specifies to review the project and this Order, including siltation controls; and explain the requirements of this Order to the developer or contractor responsible for carrying out the project so that he understands them.

22. This Order shall be included by reference in all contracts, plans and specifications with contractors and subcontractors dealing with the activity proposed in this Order and that are created or modified after the issuance date of this Order, along with a statement that this Order shall supersede any conflicting contractual arrangements, plans or specifications or requirements.

23. The applicant shall notify the Commission in writing within 30 days of any transfer in the title to the Land or any change in contractor or developers before the Certificate of Compliance is issued. The notice shall include the name, address, and telephone numbers of the new owner or new contractor or developer, as well as a statement made under the penalties of perjury that the new owner or new contractor or developer has been provided with a copy of this Order.

24. A copy of this Order shall be available on the Land at all times during the course of the activities described in the Notice of futent for contractors and subcontractors to review and adhere to and for the Commission, the DEP, or the agents of either to review to check compliance.

25. The applicant shall provide a copy of this Order to the person or persons supervising the activity that is the subject of this Order, and will be responsible for ensuring that all persons performing the permitted activity are fully aware of the terms and conditions of this Order.

-~ ·_-_·:.: ..... ·:·.·~- -.;:.26;::. :.:.Any·p.ersfln:performing workonthe.activity.that.is. the.subject of.this Order is .... individually responsible for understanding and complying with the requirements of this Order, the Act, 310 CMR 10.00 and the Medfield Wetland Bylaw and Wetland Bylaw Regulations.

27. All work shall conform to the Notice of Intent, all plans, and all other documents, records, correspondence, and representations of the applicant as presented to and approved by the Commission~

28. If the applicant changes any aspect of the Notice of Intent, including the plans submitted with it, he shall notify the Commission in writing and shall cease work on the project until receiving a decision from the Commission. If the Commission deems the change significant, the applicant shall submit a new or Amended Notice of Intent, at the discretion of the Commission, with any necessary documentation, and obtain a new or amended Order. If the applicant, the owner, the Commission, or the agents of any of them find any error in the plans or information submitted by the applicant, the error shall be considered a change, and the applicant shall follow the procedures outlined above.

29. The Commission, the DEP, and the agents of either shall have the right to enter and

2


inspect the Land to determine compliance with this Order and the right to require the submission of any data the Commission or DEP deems necessary for that determination. If the Commission or DEP determines, in its sole discretion, that a violation has occurred or is likely to occur, it shall notify the applicant and may order that work shall stop until the Commission or DEP approves measures to correct the violation.

30. It is the responsibility of the applicant to complete any review required by all agencies with jurisdiction over the activity that is the subject of this Order, and to procure all required permits or approvals.

31. All construction materials, earth stockpiles, landscaping materials, slurry pits, waste products, refuse, debris, stumps, slash, or excavate may only be stockpiled or collected in areas as shown and labeled on the approved plan(s), or if no such areas are shown must be placed or stored outside all resource areas and associated buffer zones under cover and surrounded by a double-staked row of straw bales to prevent contact with rain water.

32. No material of any kind may be buried, placed or dispersed in areas within the jurisdiction of the Commission by activities that are the subject of this Order, except as are expressly permitted by this Order or the plans approved herein.

33. There shall be no pumping of water from wetland resource areas.

34. This Order authorizes only the activity described on the approved plan(s) and approved documents referenced in this Order. Any other or additional activity in areas within the

- ---- - --- , '---~'-Jurisdiction of.the-. Commission will require separate.review and approval by the Commission or its agent.

35. If any unforeseen problem occurs during the work activity which affects or may affect any of the interests of the Massachusetts Wetlands Protection Act, ch. 131, sec. 40, or the Medfield Wetlands By-Law, Chapter 290, including but not limited to plans to conduct substantial blasting of bedrock or large rock formations or discovery of unanticipated soil conditions, the applicant shall notify the Commission immediately in writing (or if the Commission discovers the problem, the Commission shall notify the applicant), and the Commission may require an immediate meeting between the Commission, applicant, engineer, and contractor to determine whether any measures should be taken to protect the interests of the Act and, if so, the precise measures. The applicant shall then correct the problem or prevent a possible problem by using the measures that the Commission requires.

36: All biodegradable erosion control barriers (ECB) shall be installed according to the manufacturer's specifications. Any ECB installed as a tube (sock, log, etc.) shall include the installation of an orange construction fence or other highly visible devise, on the upland side of the tube.

3


Any silt fence used on a project site shall be entrenched 6 inches into the ground.

Any bales used as an ECB shall be straw bales. The applicant shall provide the Commission with verification that bales are composed of straw. All straw bales shall be double-staked, with one stake angled through the top of a bale into the bottom of the bale next to it to ensure that the bales remain tight against each other. Straw bales shall be entrenched into the ground at least three (3) inches. Where the straw bales are required to be backed by silt fencing, the silt fencing shall be placed immediately on the edge of the bales closer to the resource areas and shall be entrenched six ( 6) inches into the ground. Grading towards straw bales shall be tapered so that it ends at the base of the bales; the straw bales shall not serve as temporary retaining walls. Hay bales shall not be used.

37. Loaming and seeding of all disturbed areas shall occur within 15 days of final grading. Barren areas shall be stabilized by temporary seeding if work on the project is interrupted by more than 30 days, unless the 30 days are in the winter. If the interruption occurs during winter, the applicant shall request, in writing, that the Commission determine whether temporary seeding should be done. Where necessary, the loaming and seeding shall be held in place with jute netting, cheesecloth, or straw. Because of the danger of introducing nutrients into resource areas, an applicant who proposes to use hydroseeding shall notify the Commission in writing and must obtain the written consent of the Commission.

38. Ground disturbed by work activity shall be stabilized with straw of at least three (3) inches in depth, seeding, loaming, suitable stone or other material.

.. . ----.... .:.. .. ..: .. __ .· . ., ____ .. ______ ,,_, __ :_ ... --- ::·--··--·· - ···-.-~: .. :;_.,..:. - ·- ··-···· ... ~-. ····-·- --· --·- -· ~- ~-

39. All fill and excavated material shall be stockpiled in such a manner or far enough away from the resource area, under cover and surrounded by a double-staked row of straw bales to prevent contact with rain water and at a suitable location to prevent sediment from runoff from entering the res.ource area.

40. All stumps, brush, solid waste, and other debris shall be removed from the Land, including any found on the Land before the proposed activity begins and any debris specified by the Commission.

41. The applicant shall maintain construction debris and waste materials in compliance with all applicable laws, and shall keep the Land in a clean condition. He shall place refuse in containers at the end of every workday and shall empty them promptly when filled. He shall maintain records of the destination of all materials to be removed from the Land, including stumps, brush, debris, construction waste, excess fill, loam, and peat, and shall make them available to the Commission upon request. The Commission may require that it must approve in advance the disposal of such materials. Refuse, debris, and waste materials shall not be placed or left within any resource area or within any part of the buffer zone if they may alter the adjacent

4


resource area.

42. During and after work on the project, there shall be no discharge or spillage of fuel, oil, or other pollutants onto any part of the Land. If stored on the Land, toxic materials (e.g., petroleum products, paints, thinners, etc.) shall be locked up at the end of each work day. The applicant shall notify the Commission immediately if any discharge or spillage occurs.

43. In conjunction with the sale or other transfer of the Land or any part of it, the applicant shall submit to the Commission a signed and dated statement by the buyer or transferee that he is aware of resource areas and buff er zones in the vicinity of the property and this Order of Conditions and has received a copy of it.

44. This Order in no way implies, certifies, or guarantees that the property or adjacent or downstream areas will not be subject to flooding, storm damage, or any other form of damage from run-off, ground water, or other water. By accepting this Order, the applicant and owner agree on behalf of themselves and their successors and assigns to indemnify and hold harmless the Town of Medfield, its agents, employees, and residents, and the Commission, the DEP, and the employees, members, and agents of either for any damage caused by alterations undertaken on the Land pursuant to this Order; that the Town of Medfield, its agents, employees, and residents, and the agents, employees, or members of the Commission and the DEP shall not be responsible for maintaining any drainage system or detention or retention basins proposed in the Notice of Intent or required by this Order; and that the Town, its agents, employees, and residents, and the agents, employees and members of the DEP and the Commission shall not be liable for any damage if such systems or basins fail.

45. Every request for waiver or modification of a condition must be made in writing to the Commission, which may require a hearing on the request. No waiver or modification of any condition or any part of one shall be implied from the Commission's failure to discover or to take any action with respect to the applicant's non-compliance with any condition or with any part of one. The Commission's waiver of the applicant's compliance with any part of any condition shall affect only that part of the condition, and in all other respects the condition shall stand as though the waiver had not been made. Similarly, the Commission's waiver of the applicant's compliance with any entire condition shall affect only that condition, and in all other respects this Order shall stand as though the waiver had not been granted.

46. If a court or administrative agency declares any of these conditions or any part of one invalid for any reason, the invalidity shall affect only that condition or part of one declared invalid, and in all other respects the provision shall stand as though the invalid part of the condition had not been made, and no other portion of the condition, no other conditions, nor this Order as a whole shall be affected.

5


FINDINGS OF FACTS AND SPECIAL CONDITIONS

I. FINDINGS OF FACTS:

The proposed project approved under this Order of Conditions (Order) is the removal of an existing paved driveway and repave a portion with pervious pavement of a new driveway, construct a retaining wall and a set of stairs at 147 Harding Street, Medfield, MA, Assessor Map 72, Parcel 60. Portions of the existing and new driveways are located within the 50-Foot NoDisturb Resource Area under the Medfield Wetlands Bylaw (Bylaw), Chapter 250 and the 100-foot buffer zone of a Bordering Vegetated Wetlands (BVW) under both the Medfield Wetlands Bylaw and the MA Wetlands Protection Act. The existing driveway area within the buffer zone is 4, 7 50 square feet. The proposed pervious driveway is 3 ,090 square feet. The removal of the existing driveway will restore 1,660 square feet of natural buffer zone ..

The Notice of Intent was received on August 1, 2017. The final site plan is dated July 24, 2017. Notice of the public hearing was published in the Medfield Press on August 11, 2017. The public hearing was on August 17, 2017. The public hearing was closed on August 17, 2017. No citizens were in attendance.

The applicant proposes to construct a new and partial pervious driveway within the 100-foot buffer zone of a BVW and the 50-Foot No-Disturb Resource Area (Bylaw). Included in this Order is a section of the retaining wall and a staircase and landing structure to the existing barn. The erosion controls will be located as shown on the plan of record shown as "Proposed Erosion Controls".

.. .• :·· t···

The Commission finds that the work is significant to the following interests of the MA Wetlands Protection Act and the Medfield Wetland Bylaw: protection of 1) public and private water supplies, 2) groundwater supply, 3) flood control, 4) storm damage prevention, 5) prevention of pollution, 6) protection of fisheries, and 7) protection of wildlife habitat. The site is hydrologically linked to the Medfield Watershed Protection District and is within the watersheds of the Charles and/or Neponset Rivers and of the town's water supply wells.

The Bordering Vegetated Wetlands on this property and the other resource areas in this area form an important part of a rich, extensive and beautiful wetland system that comprises other significant wetlands, marshes, and swamps. Subsequently the Commission finds that the resource areas - Bordering Vegetated Wetlands and 50-Foot No-Disturb Resource Area- are significant to the following interests under the Act and the Medfield Wetland Bylaw: protection of public and private water supplies, groundwater supply, drainage and flood control, prevention of storm damage, prevention of pollution and protection of fisheries and wildlife habitat. See 310 CMR Sec. 10:54, 10:55, 10:58 and the Medfield Wetlands Bylaw, Chapter 290.

The Commission's preeminent concerns are protecting Medfield's public water supply

6


and groundwater supply by protecting the Charles and Neponset Rivers, their tributaries, aquifer areas and the associated wetlands--all hydrologically and hydraulically connected with the SubWatershed Areas and eventually the Charles and Neponset Rivers watersheds and the Town wellfields--by keeping silt and nutrients out of them; and preserving the flood storage capacity of the Charles and Neponset, their tributaries, and the wetlands and floodplains associated with them.

The Commission also finds that an undisturbed forest buffer of at least fifty (50) feet between the edge of the area to be disturbed and the resource area (except riverfront area) is necessary to protect the resource areas. Undisturbed buffer zones reduce harm to wetlands I resource areas caused by adjacent development and other activities and provide essential habitat for wetlands species. The effectiveness of buffers increases with width, and buffers less than fifty (50) feet wide are generally ineffective in protecting wetlands. See "The Role and Function of Forest Buffers in the Chesapeake Bay Basin for Nonpoint Source Management," by Forestry Work Group of the Nonpoint Source Subcommittee, Chesapeake Bay Program, EPA Contract No. 68-W0-0043 (Feb. 1993); and the publications cited in the bibliography entitled "General References on Buffers," compiled by Robert Buchsbaum, Massachusetts Audubon Society: North Shore, including without limitation, "Vegetated Buffers in the Coastal Zone: A Summary and Bibliography," by A. Desbonnet et al., Coastal Resources Center Tech. Rep. No. 2064 (Univ. of R.I. Graduate School of Oceanography, Narragansett, R.I., 1994) (concluding that even buffer zones 20 and 30 meters wide remove as little as 70 percent of sediments and pollutants), and "Wetland Buffers: Use and Effectiveness," by A.J. Castelle etal., Washington State Univ. Dep't of Ecology, Pub. No. 92-10 (Olympia, Wash., Feb. 1992).

The Commission finds the work shown on the plan of record will not create significant , -~- _.,_._., ---· __ _ ____ adv.ei:se..impactto .B.ordering_ Vegetated W etlands .. and the .restoration. of wetlands will enhance-the. . . · -- ---. -- - ... ---

rejoin wetlands that were separated by the existing driveway.

The Commission finds that the resource areas on site Bordering Vegetated Wetlands and 50-foot No-Disturb Resource Area (Medfield Wetlands-Bylaw, Chapter 290) and its 100-foot buffer zone are significant for protecting ground water; preventing pollution, preventing damage from storms, storing flood waters, protecting fisheries and providing wildlife habitat. See 310 Code Mass. Regs. §§ 10:54, 10:55 and 10:58, and the Medfield Wetland Bylaw, Chapter 290.

Based on these Findings of Fact, the Commission imposes the following Special Conditions, which supersede any general conditions that conflict with them or that impose lesser requirements:

II. SPECIAL CONDITIONS:

7


47. General Condition 10, Page 4of10 *ELECTRONIC COPY, requires that a sign shall be displayed at the site not less than two square feet or more than three square feet in size, and that it shall read, "Massachusetts Department of Environmental Protection (or MA DEP) File No. 214-0656." That sign shall be located and the lettering made clear enough so that the sign can be read from the street in front of the proposed project. The sign shall not be attached to a live tree. The sign shall remain in place and visible until a Certificate of Compliance is issued for the activity. 4.8. Prior to the installation of the erosion control barrier, the applicant shall mark its location at the site and contact the Commission or its agent to review the location.

49. . A continuous line of an erosion control barrier (ECB) shall be installed along the line marked on the Plan of Record as "Proposed Erosion Control". Haybales shall not be used at the site.

50. The ECB shall consist of bark mulch sock with an orange construction fence or other high visibility fencing installed along the upland (work) side of the erosion control sock. The erosion control barrier (ECB) shall be installed according to the manufacturer's specifications.

51. Once installed, the erosion control barrier will be inspected by the Commission or its agent prior to any site preparation and/or construction activities.

52. The erosion control barrier mentioned in # 50 and #51 shall mark the limit of regrading, disturbance of the surface, cutting or removal of vegetation, and any other work activity

----_-:,-_ • .,.,_-_-,_--.---.~·-·-0 assoeiatedwiththeproposed site work unless- otherwiseapprovedincthe Order..: __ ~-- -

53. At any time before, during or after construction, and until the issuance of a Certificate of Compliance, the Commission or its agent may require the applicant to modify, augment, restore or maintain erosion control measures associated with the activity that is the subject of this Order.

54. The applicant shall notify the Conservation Commission at least 48 hours prior to any activity on the site and shall provide the name(s) and telephone number(s) of all person(s) responsible for compliance with this Order.

55. The material removed from the existing driveway shall be used as the fill for the proposed driveway if needed. All excess materials from the excavation of the existing driveway shall be removed immediately from the site and /or stock-piled beyond any resource areas and associated buffer zones.

56. Unless otherwise specified in this Order, all work shall conform to the following:

8

PLANS:

A) Title: Dated: Signed by: on file with:

Dated: Prepared by:

on file with:


Notice of Intent August 1, 2017; received: August 1, 2017 Joyce E. Hastings, applicant's representative Medfield Conservation Commission (MCC)

"Proposed Site Plan", 147 Harding Street, Medfield, Massachusetts; One Sheet Date: July 24, 2017 GLM Engineering Consultants, Inc. Stamped by Joyce E. Hastings, P.L.S., # 39393 MCC

57. The location of the new driveway shall be designated on site before excavation. The applicant shall have the location verified by the Commission.

58. The applicant shall submit to the Commission an as-built interim plan, a letter stamped and signed by a registered professional engineer, surveyor, or landscape architect stating whether the driveway as constructed differs from the driveway as shown on the plan approved by the Commission and specified above in Condition #56 and, if so, how it differs, whether in location,

.. . .. ·. , ... ., ... dirnension,..dis.tanceJ:o the nearest.resource area. or.otherwise, from the Notice .ofJntent; all - . c ..•• _ •.... ,_

plans, and all other documents, records, correspondence, and representations of the applicant as presented to and approved by the Commission. The letter shall also explain the reason for each change from the approved plan.

59. The applicant shall not proceed with the finishing surface of the driveway until he has received the written (or email) authorization of the Commission. In its discretion, the Commission may choose to review the driveway interim plan and letter at a meeting and may require the applicant to attend the meeting.

60. The applicant shall monitor daily, maintain properly, and reinforce or replace as necessary all erosion controls, including without limitation all straw bales, silt fences, and riprap, so that they serve their intended purpose until all adjacent disturbed areas have been stabilized and until the Commission determines that they can or must be removed. The applicant shall notify the Commission promptly and in writing of any deficiencies in erosion controls and of any actions that it has taken or proposes to take to correct the problem, and shall implement all additional erosion and sedimentation controls that it, the Commission, or the DEP finds necessary. The applicant shall remove immediately and by hand any silt or other materials that have entered any

9


resource area.

61. An adequate stockpile of erosion control materials shall be on site at all times for emergency or routine replacement and shall include materials to repair or replace silt fences, straw bales, erosion control blankets, stone riprap, filter berms, bark mulch socks or any other devices planned for use during construction.

62. The Commission reserves the right to impose additional conditions on portions· of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site.

63. The area of construction shall remain in a stable condition at the close of each construction day. Erosion controls should be inspected at this time, and repaired, reinforced or replaced as necessary.

64. Erosion control devices may be modified based upon experience at the site. All such devices shall be inspected, cleaned or replaced during construction and shall remain in place until

· such time as stabilization of all areas that may impact resource areas is permanent.

65. Refueling, oil changes, and lubrication of all equipment used in construction shall take place outside all areas within the jurisdiction of the Commission unless otherwise indicated on the plan of record.

66. Cement trucks shall not be washed out in any wetland resource or buffer zone area, or ..... ·~-w~-···-·,.:. ._,, __ ,into.any.drainage.system-.. _ Any_ deposit of cement or.concrete .products into .a huff er.zone or .

wetland resource area shall be immediately removed.

67. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed.

68. All stockpiles of soils existing for more than one day shall be surrounded by a row of entrenched silt fence, and shall be covered.

69. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized their removal.

70. Site grading and construction shall be scheduled to avoid periods of high surface water. Once begun, grading and construction shall continue in an expeditious manner to minimize the opportunity for erosion. 71. Grading shall be accomplished so that runoff shall not be directed to the property of

10


others, except as indicated on the approved plan.

72. No yard waste, including without limitation grass clippings, branches, leaves, bark mulch, and stones, shall be disposed of or placed in the resource area shown on the Plan and described in the Notice of Intent. This condition shall be referenced in any Certificate of Compliance issued for 147 Harding Street, Medfield.

73. To prevent contamination of the aquifer supplying water to the Town, no herbicides, pesticides (except on the person), or any other harmful chemicals shall be used on that part of the lawn that is within the buffer zone, and any fertilizers used on that part of the lawn shall be of the slow-release organic granular type, low-nitrogen variety. This condition shall be referenced in any Certificate of Compliance issued for 147 Harding Street, Medfield

74. The "Findings of Facts" are incorporated as special condition #74 and given equal status as such.

75. The restored BVW buffer area shall be monitored and assessed for three (3) years by a wetlands scientist for its restored values and functions as a wetlands buffer zone. A written report, with colored photos shall be provided to the Commission at the spring and autumn seasons within the three year monitoring period.

76. The Commission reserves the right to impose additional conditions on portions of this project to mitigate any negative impacts to the restored wetlands and/or the existing wetlands, such as, but not limited to, unhealthy plant observance, hydrologically disconnected, unable to

----~ ---·----~-~-- .. ___ establish_a_sufficient.saturatedtime.periodto.supp.ort_wetlandsv.egetation, .thatoccur.during.-the- .. -- ~~--~ ---~ ---~--

monitoring period.

77. Within thirty (30) days upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC):

(1) A Completed Request for a Certificate of Compliance form (WP A Form 8A) or a written request to the Commission for a Certificate of Compliance.

(2) A letter, signed under the penalties of perjury, from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions, and detailing any deviations that exist, and their potential effect on the project. A statement that the work is in "substantial compliance" with no detailing of the deviations shall not be accepted.

(3) Two "As-Built" plans signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the

11


jurisdiction of the Massachusetts Wetlands Protection Act and the Medfield Wetlands Protection Bylaw. This plan shall include at a minimum:

(a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan( s) approved in this Order of Conditions and at the same scale as the proposed plan of record;

(b) Locations and elevations of all stormwatet management conveyances, structures and best management designs, including foundation drains, dry wells, and raised bounds, constructed under this Order within any wetland resource area or buffer zone;

( c) Dist~ces from any structures constructed under this Order to wetland resource areas -"structures" include, but are not limited to, all buildings, septic system components, wells, utility lines, fences, retaining walls, and roads/driveways;

( d) A line delineating the limit of work, ECB location and wetlands line with flag numbers, - "work" includes any filling, excavating and/or disturbance of soils or vegetation approved under this Order;

(e) Final grading elevations shown at 2-foot intervals;

(f) Any other items, elevations or distances the Commission may specify to ensure compliance with this Order.

78. After inspection and approval by the Commission or its agent, the applicant shall promptly remove any erosion controls, including without limitation straw bales or silt fencing,

.. ·---··- ----lliafilie-C~oiriiliissfoii-deeiris no fonger necessary~forprotectmg~tfie"'resource -ar-eas~"afi(I• shali .. c:

properly dispose of them, as well as all silt, debris, or other run-off that they have retained, outside the resource areas and 100-foot buffer zone.

79. Pesticides, herbicides, fungicides, and fertilizers shall not be used within 100 feet of the wetlands. Organic pesticides, herbicides, fungicides and fertilizers may be used subject to the review and approval of the Conservation Commission. This shall be noted in the Certificate of Compliance and shall be an ongoing condition.

80. De-icing chemicals (e.g. sodium, potassium, and calcium chloride) are prohibited on driveways located in wetland resource areas and buffer zones. This condition shall survive the expiration of this Order, and shall be included as a continuing condition in perpetuity on the Certificate of Compliance.

81. Only slow-release organic granular type, low-nitrogen fertilizers shall be used within the wetland buffer zone. This condition shall survive the expiration of this Order, and shall be included as a continuing condition in perpetuity on the Certificate of Compliance.

12

,_ ....... ..,- .. :>----· "-•·-·· ······--·


82. Dumping Prohibited: There shall be no dumping of leaves, grass clippings, brush, or other debris into the wetland resource area. This condition shall survive the expiration of this Order, and shall be included as a continuing condition in perpetuity on the Certificate of Compliance.

83. Additional Alteration Prohibited: There shall be no additional alterations of areas under Conservation Commission jurisdiction without the required review and permit(s). This condition shall survive the expiration of this Order, and shall be included as a continuing condition in perpetuity on the Certificate of Compliance.

84. Prior to the issuance of a Certificate of Compliance and/or upon the sale of the property to subsequent owners, the owner shall provide a letter to the Conservation Commission acknowledging that he/she understands the wetland restrictions bo'und to this property. A copy of this letter shall accompany the written request for a Certificate of Compliance. This condition shall be an ongoing condition and shall be recorded in the deed and on subsequent deeds.

85. The following conditions: 72, 73, 79, 80, 81, 82, 83 and 84 shall run with the Land and be binding in perpetuity on all successors in title and assigns of the applicant. This Condition shall be noted on any Certificates of Compliance issued for this Order.

. - ··-·---- . ..._ ·-- ---·- -.f-."""---:_-·-- --·---:

13

Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.

~

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 88 - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

A. Project Information

1. This Certificate of Compliance is issued to:

The Pare at Medfield LTD Partnership Name

120 Forbes Boulevard, Suite 180 Mailing Address

Mansfield MA

DEP File Number:

214-0610 West Street Provided by DEP

02048 Cityrrown State Zip Code

2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: The Pare at Medfield Ltd Partnership (Brian McMillin) Name

September 19, 2013 _2_14_-0_6_1_0 __ _ Dated DEP File Number

3. The project site is located at:

West Street - Lot 2 & Parcel A-1 Street Address

41 &48 Assessors Map/Plat Number

Medfield Cityrrown

146 & 066 Parcel/Lot Number

the final Order of Condition was recorded at the Registry of Deeds for:

Property Owner (if different)

Norfolk October 16, 2013 County

Certificate

31826 Book

334 Page

4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: September 5, 2017 - applicant's representative was present Date

wpafrmBb.doc • rev. 12123/09 WPA Form BB, Certificate of Compliance • Page 1 of 3

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number:

WPA Form 88 - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

214-0610 West Street Provided by DEP

B. Certification


igj Complete Certification: It is hereby certified that the work regulated by the above-referenced Orderof Conditions has been satisfactorily completed.

D Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are:

D Invalid Order of Conditions: It is hereby certified that the work regulated by the above-re.ferenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work s4bject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions.

igj Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period).

Condition Numbers:

As per Perpetual Conditions # 91, 92, 93, 94, 95 and 96 shall run with the land and be binding in perpetuity. SEE ATTACHED.

C. Authorization

wpafrm8b.doc •rev. 12/23/09

Issued by:

Medfield Conservation Commission Sept. 7, 2017 Conservation Commission Date of Issuance

This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass.gov/dep/about/region/findyour.htm).

WPA Form 88, Certificate of Compliance• Page 2 of 3


Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act and 310 CMR 10.00. This plan shall include at a minimum:

ii. All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s) approved in this Order of Conditions and at the same scale as the proposed plan of record;

iii. Locations and elevations of all stormwater management conveyances, structures and best management designs, including foundation drains and dry wells constructed under this Order within any wetland resource area or buffer zone;

iv. . Distances from any structures constructed under this Order to wetland resource areas - "structures" include, but are not limited to, all buildings, septic system components, wells, utility lines, fences, retaining walls, and roads/driveways;

v. A line delineating the limit of work, sediment barrier location and wetlands line with flag numbers, - "work" includes any filling, excavating and/or disturbance of soils or vegetation approved under this Order;

vi. Final grading elevations shown at 2-foot intervals, with spot grades as needed to clarify drainage patterns;

vii. Any other it~rns, elevations or distances the Commission:tp:ay specify to··-ens.ure compliance with this Order.

90. After inspection and approval by the Commission or its agent, the applicant shall promptly remove any temporary erosion and sediment controls, including without limitation straw bales or silt fencing, that the Commission deems no longer necessary for protecting the resource areas, and shall properly dispose of them, as well as all silt, debris, or other run-off that they have retained, outside the resource areas and 100-foot buffer zone. Upon concurrence by the Commission or its agent, biodegradable compost tubes may be cut open and the compost re-graded in place to blend with the adjacent ground surface and seeded.

PERPETUAL CONDITIONS

The following Perpetual Conditions shall run with the Land and be binding in perpetuity on all successors in title and assigns of the applicant.

91. Only organic, slow release pesticides, herbicides, fungicides and fertilizers may be used within 100 feet of wetland resource areas. Use of any other pesticides, herbicides,

15


fungicides and fertilizers is subject to the review and approval of the Conservation Commission. This shall be noted in the Certificate of Compliance and shall be an ongoing condition.

92. De-icing chemicals on driveways located within the buffer zone shall be limited to sand, a sand salt mix of 60% sand, 40% salt, Calcium Magnesium Acetate (CMA) or other alternative deicing chemical approved by the Commission. These materials shall be used in the minimum quantities necessary to provide for the safety of the residents and guests. (This condition shall survive the expiration of this Order, and shall be included as a continuing condition in perpetuity on the Certificate of Compliance.

93. Snow storage will be maximized in areas outside of the buffer zone to the extent feasible. As nQted in the Long-Term Pollution Prevention Plan, snow will b~ removed from the site when the on-site areas are maximized.

94. There shall be no dumping of leaves, grass clippings, brush, or other debris into wetland . resource areas. This condition shall survive the expiration of this Order, and shall be ·included as a continuing condition in perpetuity on the Certificate of Compliance.


96. Upon the sale of the property to subsequent owners, the new owner shall provide a letter to the Conservation Commission acknowledging that heJshe understands the wetland restrictions bound to this property. A copy of this letter shall accompany the written request for a Certificate of Compliance. This shall be an ongoing condition and shall be recorded in the deed and on subsequent deeds.

16


Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act and 310 CMR 10.00. This plan shall include at a minimum:

ii. All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s) approved in this Order of Conditions and at the same scale as the proposed plan of record;

iii. Locations and elevations of all stormwater management conveyances, structures and best management designs, including foundation drains and dry wells constructed under this Order within any wetland resource area or buffer zone;

iv. Distances from any structures constructed under this Order to wetland resource areas - "structures" include, but are not limited to, all buildings, septic system components, wells, utility lines, fences, retaining walls, and roads/driveways;

v. A line delineating the limit of work, sediment barrier location and wetlands line with flag numbers, - "work" includes any filling, excavating and/or disturbance of soils or vegetation approved under this Order;

vi. Final grading elevations shown at 2-foot intervals, with spot grades as needed to clarify drainage patterns;

·vu. Any other items_, elevations or_distances the Commission·may specify to· --ensure compliance with this Order.

90. After inspection and approval by the Commission or its agent, the applicant shall promptly remove any temporary erosion and sediment controls, including without limitation straw bales or silt fencing, that the Commission deems no longer necessary for protecting the resource areas, and shall properly dispose of them, as well as all silt, debris, or other run-off that they have retained, outside the resource areas and 100-foot buffer zone. Upon concurrence by the Commission or its agent, biodegradable compost tubes may be cut open and the compost re-graded in place to blend with the adjacent ground surface and seeded.

PERPETUAL CONDITIONS

The following Perpetual Conditions shall run with the Land and be binding in perpetuity on all successors in title and assigns of the applicant.

91. Only organic, slow release pesticides, herbicides, fungicides and fertilizers may be used within 100 feet of wetland resource areas. Use of any other pesticides, herbicides,

15

Important: When filling out forms on the computer, use only the tab key to move your cursor -do not use the return key.

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 9 - Enforcement Order Massachusetts Wetla11~s Protection Act M.G.L. c. 131, §40 A.tJJ -IA~ f}Jel.fJeld /t4:fltt11~4 ~'14 t!-kafe.r ol.9#

This Enforcement Order is issued by:

Medfield Conservation Commission Conservation Commission (Issuing Authority)

To:

David and Brenda Goldman Name of Violator

25 Noon Hill Road, Medfield MA 02052 Address

1. Location of Violation:

Property Owner (if different)

25 Noon Hill Road Street Address

Medfield City!Town

16 Assessors Map/Plat Number

September 21, 2017 Date

02052 Zip Code

072 Parcel/Lot Number

DEP File Number:

'N/A

2. Extent and Type of Activity (if more space is required, please attach a separate sheet):

Various activities existing on site without valid wetlands protection permits under the MA Wetlands Protection Act (M.G.L. c. 131, sec. 40 and its Regulations (310 CMR 10.00) and the Medfield Wetlands Bylaw (Chapter 290) and its Rules and Regulations. The activities include, but not limited to, the removal of vegetation and depositing it in the Bordering Vegetated Wetlands.

The violations are: 1) Filling a wetlands (Bordering Vegetated Wetlands), 2) Altering a wetlands (Bordering Vegetated Wetlands), 3) Working within a designated No-Disturb Resource Area, 4) Installation of a stockade fence within areas of jurisdiction without a permit, 5) Construction of an out-building within areas of jurisdiction without a permit, 6) Cutting of trees within areas of jurisdiction without a permit,

wpaform9a.doc •rev. 7/14/04 Page 1 of4


DEP File Number:

WPA Form 9 - Enforcement ·order Massachusetts Wetlands Protection Act M.G.L. c.131, §40

N/A

7) Cutting trees and shrubs within the area of the site designated as a "No-Disturb" area, 8) Working without a valid Order of Conditions (permit) from the Medfield Conservation

Commission, . 9) Working without review of your project(s) at a duly published public hearing with the Medfield

Conservation Commission, and 10) Working without adequate erosion and sedimentation controls to protect the wetlands. 11) Construction of an out-building within or near the area of the site designated a "No-Disturb"

area, and 12) Failure to attend the Medfield Conservation Commission public meeting on September 7,

2017.

B. Findings

T-he Issuing Authority has determined that the activity described above is in a resource area and/or buffer . zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because:

181 the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination).

B. Findings (cont.)

wpaform9a.doc ·rev. 7/14/04

181 the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to:

Douglas C. Reynolds, Esq. Name DEP 214-0331 File Number

D The Order of Conditions expired on (date): Date

January 6, 2011 Dated

Special Conditions: 42, 45, 46, 47, 48 and 52 and recorded in the deed

181 The activity violates provisions of the Certificate of Compliance.

Page2of4


DEP File Number:

WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

NIA

D The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40.

D Other (specify):

This Enforcement Order is also issued under the Medfield Wetlands Bylaw, Chapter 290 (previously known as Article IX)

C. Order

The issuing authority hereby orders the following (check all that apply):

[8J The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas.

[8J Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition.

[8J A restoration plan shall be filed with the issuing authority on or before To be determined Date

for the following:

wetlands alteration from vegetated debris deposited in the wetlands and planting plan for the areas of disturbance in the No-Disturb zone as designated by raised bounds.

The restoration shall be completed in accordance with the conditions and timetable established by the issuin authori .

C. Order (cont.)

wpaform9a.doc •rev. 7/14/04

[8J Complete the attached Notice of Intent (NOi). The NOi shall be filed with the Issuing Authority on or before:

October 19, 2017 Date

for the following:

Restoration of the No-Disturb area, removal of all organic debris within the wetlands and its associated buffer, including but not limited to, review of the site's jurisdictional areas including a vernal pool habitat.

No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work.

Page 3 of 4


DEP File Number:


NIA

~ The property owner shall take the following action (e.g., erosion/sedimentation controls) to prevent further violations of the Act:

1. The property owner shall cease and desist from all work within the Massachusetts Wetlands Protection Act, M. G. L. c. 131, sec. 40 and its associated Rules and Regulations 310 CMR 10.00 and the Medfield Wetlands Bylaw, Chaper 290 jurisdictional areas.

2. Appear before the Medfield Conservation Commission on Thursday, October 5, 2017 at 7:30 P.M., 2" floor, 9~'3~ery ~~etini;tRo_on\ Medfield Town House, 459 Main ~t~eet, Med_fie.ld,-MA..

Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not · more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense.

D. Appeals/Signatures

An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court.

Questions regarding this Enforcement Order should be directed to:

Leslee A. Willitts, Medfield Conservation Agent Name

508 906-3028 Phone Number

Tuesdays, Wednesdays and Thursdays after 1:00 P.M. Hours/Days Available

· ··· · Issued by: -- · ·

Medfield Conservation Commission Conservation Commission

Conservation Commission signatures required on following page.

D. Appeals/Signatures (cont.)

In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. •

Signatures:~R!' ~1 ~~

wpaform9a.doc •rev. 7/14104 Page4of4



?Pb ~~ 91J Ot:JOr:I.. /a..!J"?l J 72.J Signature of delivery person or certified mail number

()Ar ~rle: %'?L> 9~~ 1781 J~ 7'1 Jf<J. 'f .tl/

wpaform9a.doc •rev. 7/14/04

DEP File Number:

N/A

Page5of4

A. General Information 1. Conservation Commission MEDFIELD 2. Issuance a. Pl ooc b.r AmendedOOC

a. First Name DANIEL T AND ROSAMOND P b. Last Name SMYTIIB c. Organization d. Mailing Address 331 NORTII STREET e. City/Town MEDFIELD f. State MA g. Zip Code

a. First Name DANIELTANDROSAMONDP b.LastName SMYTIIB c. Organization d. Mailing Address 331 NORTII STREET e. City/Town MEDFIELD f. State MA g.Zip Code

a.Street Address b.City/fown d. Assessors Map/Plat# f. Latitude

a. County

NORFOLK

331 NORTII STREET MEDFIELD

82

42.21315N

b. Certificate

188498

a. DateNOIFiled: 7/27/2017 b. Date Public Hearing Closed:

c. Zip Code

e. Parcel/Lot#

g. Longitude

c. Book

8/17/2017

001

71.30652W

d.Page

c. Date Of Issuance:

Sept. 7, 2017

a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale:

PROPOSED DRIVEWAYPLAN #331NORTH STREET MEDFIELD, CHENEY MASSACHUSETTS ENGINEERING CO., RONALD TIBBRI, # 34773 July 20, 2017 1'"=20' NORFOLK INC. COUNTY AS PREPARED FOR DANIELT. SMYTIIE

B. Findings

Page 1 of 10 *ELECTRONIC COPY

... ······ . ._. ..

Protection · Bureau of Resource Protection - Wetlands

WP A Form 5 - Order of Conditions

Provided by MassDEP: MassDEP File #:214-0657 eDEP Transaction #:954547 City/Town:MEDFIEID

· · ~I· Massachus. etts Department of Environmental

·. · ·· · ·· · Ma!!sachusetts Wetlands ProtectionActM.G.L. c. 131, §40

ii~~"R~f~-= . " ; .· e ,, ·~ ··, ,, ~~il12~~ii '='~~~~~-~.. "· .· . -~~~~~~~~~~~ Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. ·


a. RI Public Water Supply d. RI Private Water Supply g. ~ Ground Water Suwly

Approved subject to:

b. RI Land Containing Shellfish e. rv! Fisheries h. ~ Storm Damage Prevention

c.R' Prevention of Pollution f. P' Protection of Wildlife Habitat i. It] Flood Control

a. RI The following conditions which are necessary in accordance with the perfonnance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the ex.tent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control.

Denied because: b. Cl The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regµlations,

Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order.

c. n The information submitted by the applicant is not sufficient to describe the site, the work or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go fo,rw.!l,!4 :wiJ,ess ~c:l !J!lfil a revis.e(t-foti~e. _9f Inten~is .8.'!!!>~!!~4 :vWs!t_p~oyides su.f'fi~~~~! iE.f<?:tm.~ti2_i; ~~.. . _ .

· includeg·m.easure!I which are adequate to protect the interests of the Act;-and a final Order of Conditions is· · · issued. A description of the specific. information which is lacking and why it is necessary is attached to this Order as per 310 CMR i0.05(6)(c).

3 0 Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland · resource area specified in 310C:MR.10.02(1)(a).

Resource Area

5. Pl Bordering Vegetated Wetland

Proposed Alteration

533


5'33

a. linear feet


3484 3484 ----a. square feet b. square feet c. square feet d. square feet

Page 2of10 *ELECTRONIC COPY

7. n Bordering Land Subject to Flooding

Cubic Feet Flood Storage

9. r: Riverfront Area

Sq ft within 100 ft

Sq ft between 100-200 ft

Resource Area

11.1""1 Land Under the Ocean

Provided by MassDEP: MassDEP File #:214-0657 eDEP Transaction #:954547 City/fown:MEDFlELD


e. cubic feet f. cubic feet g. cubic feet h. cubic feet

a. total sq. feet b. total sq. feet

c. square feet d. square feet e. square feet f. square feet

g. square feet h. square feet i. square feet j. square feet

Proposed Alteration

Permitted Proposed Permitted Alteration Replacement Replacement



llt:-ia'WIB•tBlilllttf!ll~lil•i!!llll,llill'IL'tll!R11\11:11ii9:Elll"ml•fltl 13. r Coastal Beaches

a. square feet_ b. square feet c. c/y nourishment d. c/y nourishment

15.n Coastal Banks a. linear feet b. linear feet

17. D Salt Marshes a. square feet b. square feet c. square feet d. square feet

19.uLand Containing Shellfish a. square feet b. square feet c. square feet d. square feet

Page 3 oflO *ELECTRONIC COPY

~t· Massachusetts Department of Environmental

'Protection ·, Bureau of Resource Protection- Wetlands · .. \ WP A Form 5 - Order of Conditions .

···· · · · ····· · · Massachusetts Wetlands ProtectionActM.G.L. c. 131, §40

21. 0 Land Subject to Coastal Storm Flowage a. square feet b. square feet

Provided by MassDBP: MassDEP File·#:214-0657 eDEP Transaction #:954547 City/Town:MBDFIELD

• - '. =~·~.~~ ·.~~ ~ -~~:.: ~::~ :~ ~~.~~.--.. ~·~ ... n Restoration/Enhancement (For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c & d or B.17.c & d above, please entered the additional amount here.

a. square feet ofBVW b. square feet of Salt Marsh

--·--__ ,r··.·-.i.;-0_-:~-~--. D Streams Crossing(s) · If the project involves Stream Crossings, please enter the nuniber of new stream crossings/number of replacement stream crossings.

a. number ofnew stream crossings b. number of replacement stream crossings

C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects

1. Failure to comply with all coJ,1,cµ.tions stl!te_d_herein, an,d with all related statutes and ~ther regulatory measures, _ shall be deemed cause to revoke or modify this Order.

2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights.

3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.

4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply:

a. the work is a maintenance dr~dging project as provided for in the Act; or b. the time for completion has been extended to .a specified date more than three years, but less than five

years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. .

5. This Order may be extended by the issuing authority for one or more periods ofup to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order.

6. If this Order constitutes an Am.ended Order of Conditions, this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. .

7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited ~o lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.

8. This Order is not final until all ~dministrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed.



9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work..

10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,

" Massachusetts Department of Environmental Protection" [or 'MassDEP"]

File Number :"214-0657" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the

Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of

Compliance 0'fP A Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the

Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent.

15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation.

16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject ·to·this· Order and to any contractor or other person performing work conditioned by this Order. - ..

17. 'Prior to the start of work, and if the project involves work adjacenfto a Bordering Vegetated-Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.

18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.

NOTICE OF STORMW ATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project") is (1) C is not (2)1? subject to the Massachusetts

Stormwater Standards. If the work is subject to Stormwater Standards, then the project is subject to the following conditions;

a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stonnwater Standard 8. Construction period


Provided by MassDEP: MassDEP File #:214-0657 eDEP Transaction #:954547 City/Town:MEDFIEID

erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized.

b) No stormwater runoff may be discharged to the post-construction storm.water B:MPs unless and until a Registered Professional Engineer provides a Certification that: t. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for storm.water attenuation, recharge, and/or treatment, the c01,wersion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP ha,s been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii .. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 1 O; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. .

c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement") for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the storm.water management BMPs and implement the Stormwater Pollution Prevention Plan.

d) Post-construction pollution prevention and source control shall be implemented in accordance with the long·-· ..... .,._ -.. term.pollution.prevention plan section of the approved Stormwater Report andf if applicable,..the Stormwater

Pollution Preyention Plan required by the National Pollutant bi.Scharge Eiimillatiofi. System MUlti-Sector General Permit.

e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(±) through 19(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(±) through 19(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of storm.water BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the storm.water BMPs. A plan and easement deed that grants the responsible party access to perform the required· operation and maintenance must be submitted along with the legally binding agreement.

f) The responsible party shall operate and maintain all storm.water BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Storm.water Handbook.

g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/ or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission")


upon request; and


3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority.

h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations.

i) Illicit discharges to the storm water management system as defined in 310 Cl\1R 10. 04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the

prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as

defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority.

1) Access for maintenance, repair, and/or replacement ofBMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.

Special Conditions:

D. Findings Under Municipal Wetlands Bylaw or Ordinance

l .Is a municipal wetlands bylaw or ordinance applicable? Pl Yes n No

2.The Conservation Commission hereby(check one that applies): ar' DENIES the proposed work which cannot be conditioned

to meet the standards set forth in a municipal ordinance Qr_byla\Y.$P.~~.ifically:,, __ , __ . ·" .. _

1. Municipal Ordinance or Bylaw --------

.. ···:·.···':-~-···· ... :- . -·-··-··-:: ··.·-·· ··--·~· .....

2. Citation ---------

Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order or Conditions is issued. Which are necessary to comply with a municipal ordinance or bylaw:

b.R! APPROVES the proposed work, subject to the following additional conditions.

1. Municipal Ordinance or Bylaw

WETIANDS 2. Citation CHAPTER 290

3.The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control.

The special conditions relating to municipal ordinance or bylaw are as follows: SEEATIACHED.


E. Signatures This Order is valid for three years from the date of issuance, unless otherwise specified pursuant to General Condition #4. If this is an Aniended Order of Conditions, the Amended Order expires on the same date as the original Order of Conditions.

Provided by MassDEP: MassDEP File #:214-0657 eDEP Transaction #:954547 City/rown:MEDFIELD

Sept. 7, 2017 1. Date of Original Order

Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2· Number of Signers

The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant.

0 by certified mail, return receipt requested, on

Date ··~ ·tesLEEANN·w1~ .. ~ · {f}l Nota'ry Public · Date

. COMP.jONWEALTH Olf .MASSAj;HUSli'f.TS My Cpmmission Expires

.·. AUg1,1st a. 201 a ' F.Appeals

The applicant, the owner, any person aggrieved by this Order, any owner ofland abutting the land subject to this Order, or any ten residents of the city or town in which sucli land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 C:MR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall atthe same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.

Any appellants ~eeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order.

The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310CMR10.00). To the ex.tent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.


G. Recording Information

J.>rovided by MassDEP: MassDEP File #:214-0657 eDEP Transaction #:954547 City!fown:MEDFIELD

This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain oftitle of the affected property. In the case ofrecorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case ofregistered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below.

:MEDFIELD


Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.

To: :MEDFIELD


Please be advised that the Order of Conditions for the Project at:

331 NORTH STREET

Project Location

Has been recorded at the Registry of Deeds of:

for:

County

Property Owner DANIEL TAND ROSAMOND PSMYTHE

and has been noted in the chain of title of the affected property in:

Book

In accordance with the Order of Conditions issued on:

Date

If recorded land, the instrument number identifying this transaction is:

Instrument Number

If registered land, the document number identifying this transaction is:

Document Number

Signature of Applicant

214-0657

MassDEP File Number

Book Page

Page

Rev. 4/1/2010


Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WP A Form 5 - Order of Conditions Massachusetts Wetlands ProtectionActM.G.L. c. 131, §40

Provided by MassDEP: MassDEP File #:214-0657 eDEP Transaction #:954547 City/Town::MEDFiELD


Applicant:

Owner:

Location of Land:

DEP File Noo 214-0657

ORDER OF CONDITIONS with Findings of Facts

Daniel T. and Rosamond P. Smythe

Same

331 North Street, Medfield, MA 02052 Assessor Map 82, Parcel 001

The following conditions supplement those on the attached Form 5 and apply to both the Massachusetts Wetlands Protection Act, Chapter 131, Sec. 40, its associated Rules and Regulations; 310· CMR 10.00 and the Medfield Wetlands Bylaw, Chapter 290 and its associated Rules and Regulations: ·

GENERAL CONDITIONS OF THE COMMISSION

19. This Order of Conditions (Order) applies to the applicant, the owner of the lot described in the Notice of Intent (Land), and the successors and assigns of each. Accordingly, applicant means the applicant, the owner, and the agents, successors, and assigns of each. ·

20. The work authorized hereunder shall be completed within one year from the date of issue. This Order may be extended by the issuing authority for one or more periods of one year intervals upon written request at least 30 days prior to the expiration date of the Order. [Bylaw]

21. Before altering any part of the Land, the applicant shall provide the Commission, in writing, with the name, work and home address, and work and home telephone number of each person responsible for supervising the project and complying with this Order; notify the Commission in writing of the date work will begin at least seven (7) days before it will begin; if the Commission so requests, meet on the site with the CommissiOn, the project supervisor

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identified above, and other persons the Corn.mission specifies to review the project and this Order, including siltation controls; and explain the requirements of this Order to the developer or contractor responsible for carrying out the project so that he understands them.

22. This Order shall be included by reference in all contracts, plans and specifications with contractors and subcontractors dealing with the activity proposed in this Order and that are created or modified after the issuance date of this Order, along with a statement that this Order shall supersede any conflicting contractual arrangements, plans or specifications or requirements.

23. The applicant shall notify the Commission in writing within 30 days of any transfer in the. title to the Land or any change in contractor or developers before the Certificate of Compliance is issued. The notice shall include the name, address, and telephone numbers of the new owner or new contractor or developer, as well as a statement made under the penalties of perjury that the new owner or .new contractor or developer has been provided with a copy of this Order.

24. A copy of this Order shall be available on the Land at all times during the course of the activities described in the Notice of futent for contractors and subcontractors to review and adhere to and.for the Commission, the DEP, or the agents of ei1;her to review to check compliance.

25. The applicant shall provide a copy of this Order to the person or persons supervising the activity that is the subject of this Order, and will be responsible for ensuring that all persons performing the permitted activity are fully aware of the terms and conditions of this Order .

.. ... . · .26 ... · .. ··Any.personperforming work on the activitythatis.the subject of this Order is individually responsible for understanding and complying with the requirements of this Order, the Act, 310 CMR 10.00 and the Medfield Wetland Bylaw and Wetland Bylaw Regulations.

27. All work shall conform to the Notice of futent, all plans, and all other documents, records, correspondence, and representations of the applicant as presented to and approved by the Commission.

28. If the applicant changes any aspect of the Notice of Intent, including the plans submitted with it, he shall notify the Commission in writing and shall cease work on the project until receiving a decision from the Commission. If the Commission deems the change significant, the applicant shall submit a new or Amended Notice of Intent, at the discretion of the Commission, with any necessary documentation, and obtain a new or amended Order. If the applicant, the owner, the Commission, or the agents of any of them find any error in the plans or information submitted by the applicant, the error shall be considered a change, and the applicant shall follow the procedures outlined above.

29. The Commission, the DEP, and the agents of either shall have the right to enter and

2


inspect the Land to determine compliance with this Order and the right to require the submission of any data the Commission or DEP deems necessary for that determination. If the Commission or DEP determines, in its sole discretion, that a violation has occurred or is likely to occur, it shall notify the applicant and may order that work shall stop until the Commission or DEP approves measures to correct the violation.

30. It is the responsibility of the applicant to complete any review required by all agencies with jurisdiction over the activity that is the subject of this Order, and to procure all required permits or approvals.

31. All construction materials, earth stockpiles, landscaping materials, slurry pits, waste products, refuse, debris, stumps, slash, or excavate may only be stockpiled or collected in areas as shown and labeled on the approved plan(s), or if no such areas are shown must be placed or stored outside all resource areas and associated buffer zones under cover and surrounded by a double-staked row of straw bales to prevent contact with rain water.

32. No material of any kind may be buried, placed or dispersed in areas within the jurisdiction of the Commission by activities that are the subject of this Order, except as are expressly permitted by this Order or the plans approved herein.

33. There shall be no pumping of water from wetland resource areas.

34. This Order authorizes only the activity described on the approved plan(s) and approved documents referenced in this Order. Any other or additional activity in areas within the

· - ~ -- jurisdictio_n of the Commission will require sepan1te-r~yi~w -ang ~~pp~oyal_b.y thy ~~nnmis_sion O! its agent.

35. If any unforeseen problem occurs during the work activity which affects or may affect any of the interests of the Massachusetts Wetlands Protection Act, ch. 131, sec. 40, or the Medfield Wetlands By-Law, Chapter 290, including but not limited to plans to conduct substantial blasting of bedrock or large rock formations or discovery of unanticipated soil conditions, the applicant shall notify the Commission immediately in writing (or if the Commission discovers the problem, the Commission shall notify the applicant), and the Commission may require an immediate meeting between the Commission, applicant, engineer, and contractor to determine whether any measures should be taken to protect the interests of the Act and, if so, the precise measures. The applicant shall then correct the problem or prevent a possible problem by using the measures that the Commission requires.

36. All biodegradable erosion control barriers (ECB) shall be installed according to the manufacturer's specifications. Any ECB installed as a tube (sock, log, etc.) shall include the installation of an orange construction fence or other highly visible devise, on the upland side of the tube.

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Any silt fence used on a project site shall be entrenched 6 inches into the ground.

Any bales used as an ECB shall be straw bales. The applicant shall provide the Commission with verification that bales are composed of straw. All straw bales shall be double-staked, with one stake angled through the top of a bale into the bottom of the bale next to it to ensure that the bales remain tight against each other. Straw bales shall be entrenched into the ground at least three (3) inches. Where the straw bales are required to be backed by silt fencing, the silt fencing shall be placed immediately on the edge of the bales closer to the resource areas and shall be entrenched six (6) inches into the ground. Grading towards straw bales shall be tapered so that it ends at the base of the bales; the straw bales shall not serve as temporary retaining walls. Hay bales shall not be used.

37. Loaming and seeding of all disturbed areas shall occur within 15 days of final grading. Barren areas shall be stabilized by temporary seeding if work on the project is interrupted by more than 30 days, unless the 30 days are in the winter. If the interruptfon occurs during winter, the applicant shall request, in writing, that the Commission determine whether temporary seeding should be done. Where necessary, the loaming and seeding shall be held in place with jute netting, cheesecloth, or straw. Because of the danger of introducing nutrients into resource areas, an applicant who proposes to use hydroseeding shall notify the Commission in writing and must obtain the written consent of the Commission.

38. Ground disturbed by work activity shall be stabilized with straw of at least three (3) inches in depth, seeding, loaming, suitable stone or other material.

39. All fill and excavated ·material shall be stockpiled ill such a manner or far enough away·· from the resource area, under cover and surrounded by a double-staked row of straw bales to prevent contact with rain water and at a suitable location to prevent sediment from runoff from entering the resource area.

40. All stumps, brush, solid waste, and other debris shall be removed from the Land, including any found on the Land before the proposed activity begins and any debris specified by the Commission.

41. The applicant shall maintain construction debris and waste materials in compliance with all applicable· laws, and shall keep the Land in a clean condition. He shall place refuse in containers at the end of every workday and shall empty them promptly when filled. He shall maintain records of the destination of all materials to be removed from the Land, including stumps, brush, debris, construction waste, excess fill, loam, and peat, and shall make them available to the Commission upon request. The Commission may require that it must approve in advance the disposal of such materials. Refuse, debris, and waste materials shall not be placed or left within any resource area or within any part of the buffer zone if they may alter the adjacent

4


resource area.

42. During and after work on the project, there shall be no discharge or spillage of fuel, oil, or other pollutants onto any part of the Land. If stored on the Land, toxic materials (e.g., petroleum products, paints, thinners, etc.) shall be locked up at the end of each work day. The applicant shall notify the Commission immediately if any discharge or spillage occurs.

43. In conjunction with the sale or other transfer of the Land or any part of it, the applicant shall submit to the Commission a signed and dated statement by the buyer or transferee that he is aware of resource areas and buffer zones in the vicinity of the property and this Order of Conditions and has received a copy of it.

44. This Order in no way implies, certifies, or guarantees that the property or adjacent or downstream areas will not be subject to flooding, storm damage, or any other form of damage from run-off, ground water, or other water. By accepting this Order, the applicant and owner agree on behalf of themselves and their successors and assigns to indemnify and hold harmless the Town of Medfield, its agents, employees, and residents, and the Commission, the DEP, and the employees, members, and agents of either for any damage caused by alterations undertaken on the Land pursuant to this Order; that the Town of Medfield, its agents, employees, and residents, and the agents, employees, or members of the Commission and the DEP shall not be responsible for maintaining any drainage system or detention or retention basins proposed in the Notice of Intent or required by this Order; and that the Town, its agents, employees, and residents, and the agents, employees and members of the DEP and the Commission shall not be liable for any damage if such systems or basins fail.

45. Evety request for waiver or modification of a condition must be made' in writing to the Commission, which may require a hearing on the request. No waiver or modification of any condition or any part of one shall be implied from the Commission's failure to discover or to take any action with respect to the applicant's non-compliance with any condition or with any part of one. The Commission's waiver of the applicant's compliance with any part of any condition shall affect only that part of the condition, and in all other respects the condition shall stand as though the waiver had not been made. Similarly, the Commission's waiver of the applicant's compliance with any entire condition shall affect only that condition, and in all other respects this Order shall stand as though the waiver had not been granted.

46. If a court or administrative agency declares any of these conditions or any part of one invalid for any reason, the invalidity shall affect only that condition or part of one declared invalid, and in all other respects the provision shall stand as though the invalid part of the condition had not been made, and no other portion of the condition, no other conditions, nor this Order as a whole shall be affected.

5


FINDINGS OF FACTS AND SPECIAL CONDITIONS

I. FINDINGS OF FACTS:

The proposed project approved under this Order of Conditions (Order) is the removal of an existing driveway and the relocation and construction of a new driveway at 331 North Street, Medfield, MA, Assessor Map 82, Parcel 001. Both the existing and new driveways are located through a Bordering Vegetated Wetlands (BVW). The new driveway will impact 533 square feet of BVW. The removal of the existing driveway will restore 3,484 square feet of BVW.

The Notice of Intent was received on July 27, 2017. The final site plan is dated July 20, 2017. Notice of the public hearing was published in the Medfield Press on July 28, 2017. '.fhe public hearing was on August 17, 2017. The public hearing was closed on August 17, 2017. One citizen was in attendance and spoke in favor of the proposed project.

_The applicant proposes to construct a new and improved common driveway through a portion of BVW, within the 100-foot buffer zone.of a BVW and the 50-Foot No-Disturb Resource Area (Bylaw). The erosion controls will be located as shown on the plan of record.

The Commission finds that the work is significant to the following interests of the MA Wetlands Protection Act and the Medfield Wetland Bylaw: protection of 1) public and private water supplies, 2) groundwater supply, 3) flood control, 4) storm damage prevention, 5) prevention of pollution, 6) protection of fisheries, and 7) protection of wildlife habitat. The site is hydrologically linked to the Medfield Watershed Protection District and is within the

·-- _ .. _ .: -_ .·.: .. ·:\.vatersheds:.o.f pie:Charles and/or Neponset Rivers. and of t..lie to.wn'.s water supply wells ..

The Bordering Vegetated Wetlands on this property and the other resource areas in this area form an important part of a rich, extensive and beautiful wetland system that comprises other significant wetlands, marshes, and swamps. Subs~quently the Commission finds that the resource areas - Bordering Vegetated Wetlands and 50-Foot No-Disturb Resource Area - are significant to the following interests under the Act and the Medfield Wetland Bylaw: protection of public and private water supplies, groundwater supply, drainage and flood control, prevention of storm damage, prevention of pollution and protection of fisheries and wildlife habitat. See 310 CMR Sec. 10:54, 10:55, 10:58 and the Medfield Wetlands Bylaw, Chapter 290.

The Commission's preeminent concerns are protecting Medfield's public water supply and groundwater supply by protecting the Charles and Neponset Rivers, their tributaries, aquifer areas and the associated wetlands--all hydrologically and hydraulically connected with the SubW atershed Areas and eventually the Charles and Neponset Rivers watersheds and the Town wellfields--by keeping silt and nutrients out of them; and preserving the flood storage capacity of the Charles and Neponset, their tributaries, and the wetlands and floodplains associated with them.

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The Commission also finds that an undisturbed forest buffer of at least fifty (50) feet between the edge of the area to be disturbed and the resource area (except riverfront area) is necessary to protect the resource areas. Undisturbed buff er zones reduce harm to wetlands I resource areas caused by adjacent development and other activities and provide essential habitat for wetlands species. The effectiveness of buffers increases with width, and buffers less than fifty (50) feet wide are generally ineffective in protecting wetlands. See "The Role and Function of Forest Buffers in the Chesapeake Bay Basin for Nonpoint Source Management," by Forestry Work Group of the Nonpoint Source Subcommittee, Chesapeake Bay Program, EPA Contract No. 68-W0-0043 (Feb. 1993); and the publications cited in the bibliography entitled "General References on Buffers," compiled by Robert Buchsbaum, Massachusetts Audubon Society: North Shore, including without limitation, "Vegetated Buffers in the Coastal Zone: A Summary and Bibliography," by A. Desbonnet et al., Coastal Resources Center Tech. Rep. No. 2064 (Univ. of R.I. Graduate School of Oceanography, Narragansett, R.I., 1994) (concluding that even buffer zones 20 and 30 meters wide remove as little as 70 percent of sediments and pollutants), and "Wetland Buffers: Use and Effectiveness," by A.J. Castelle et al., Washington State Univ. Dep't of Ecology, Pub. No. 92-10 (Olympia, Wash., Feb. 1992).

The Commission finds the work shown on the plan of record will not create significant adverse impact to Bordering Vegetated Wetlands and the restoration of wetlands will enhance the rejoin wetlands that were separated by the existing driveway.

The Commission finds that the resource areas on site Bordering Vegetated Wetlands and 50-foot No-Disturb Resource Area (Medfield Wetlands Bylaw, Chapter 290) and its 100-foot buffer zone are significant for protecting ground water, preventing pollution, preventing damage

--.. -·· · . . - .... .fro.m storms-;- st0ring ·:QQod-waters, pr-etecting fisheries-and prnviding wildlife. habitat -See 310 · · · · · · -··- · · ·· -· ·· Code Mass. Regs.§§ 10:54, 10:55 and 10:_58, and the Medfield Wetland Bylaw, Chapter 290.

Based on these Findings of Fact, the Commission imposes the following Special Conditions, which supersede any general conditions that conflict with them or that impose lesser requirements:

II. SPECIAL CONDITIONS:

47. General Condition 10, Page 4of10 *ELECTRONIC COPY, requires that a sign shall be displayed at the site not less than two square feet or more than three square feet in size, and that it shall read, ''Massachusetts Department of Environmental Protection (or MA DEP) File No. 214-0657." That sign shall be located and the lettering made clear enough so that the sign can be read from the street in front of the proposed project. The sign shall not be attached to a live tree. The sign shall remain in place and visible until a Certificate of Compliance is issued for the activity.

7


48. Prior to the installation of the erosion control barrier, the applicant shall mark its location at the site and contact the Commission or its agent to review the location.

49. A continuous line of an erosion control barrier (ECB) shall be installed along the line marked on the Plan of Record as "PROP ECB". Haybales shall not be used at the site.

50. The ECB shall consist of bark mulch sock with an orange construction fence or other high visibility fencing installed along the upland (work) side of the erosion control sock. The erosion control barrier (ECB) shall be installed according to the manufacturer's specifications.

51. Once installed, the erosion control barrier will be· inspected by the Commission or its agent prior to any site preparation and/or construction activities.

52. The erosion control barrier mentioned in# 50 and #51 shall mark the.limit of regrading, disturbance of the surface, cutting or removal of vegetation, and any other work activity associated with the proposed site work unless otherwise approved in the Order.

53. At any time before, ·during or after construction, and until the issuance of a Certificate of Compliance, the Commission or its agent may require the applicant to modify, augment, restore or maintain erosion control measures associated with the activity that iS the subject of this Order.

54. The applicant shall notify the Conservation Commission at least 48 hours prior to any activity on the site and shall provide the name(s) and telephone number(s) of all person(s) responsible for compliance with this Order.

. -·· -··--- -· ........ ·- -· --·.. .. ·--- .. --- . -· -· -. ----··· ... -- .. . - . .

55. The material removed from the existing driveway shall be used as the fill for the proposed driveway. All excess materials from the excavation of the existing driveway shall be removed immediately from the site and /or stock-piled beyond any resource areas and associated buffer zones.

56. Unless otherwise specified in this Order, all work shall conform to the following:

PLANS:

A) Title: Dated: Signed by:

on file with:

Notice of Intent July20, 2017; received: July27, 2017 Daniel T. and Rosamond P. Smythe, owner and Ardi Rrapi, applicant's representative Medfield Conservation Commission (MCC)

8

B) Title:

Dated: Prepared by:

on file with:


"Proposed Driveway Plan", #331 North Street, Medfield, Massachusetts, Norfolk County; One Sheet Date: July 20, 2017 Cheney Engineering Co., Inc. Stamped by Ronald Tibbri, P.E. # 34773 MCC

57. The location of the new driveway shall be designated on site before excavation. The applicant shall have the location verified by the Commission.

58. The applicant shall submit to the Commission an as-built interim plan, a letter stamped · and signed by a registered professional engineer, surveyor, or landscape architect stating whether the driveway as constructed differs from the driveway as shown on the plan approved by the Commission and specified above in Condition #56 and, if so, how it differs, whether in location, dimension, distance to the nearest resource area, or otherwise, from the Notice of Intent, all plans, and all other documents, records, correspondence, and representations of the applicant as presented to and approved by the Commission. The letter shall also explain the reason for each change from the approved plan.

59. The applicant shall not proceed with the finishing surface of the driveway until he has received the written (or email) authorization of the Commission. In its discretion, the Commission may choose to review the driveway interim plan and letter at a meeting and may require the applicant to attend the meeting.

60; · - -The applicant-shall mo:Q.itor daily, maintai.,<i properly, and reinforce or replace as necessary all erosion controls, including without limitation all straw bales, silt fences; and riprap, so that they serve their intended purpose until all adjacent disturbed areas have been stabilized and until the Commission determines that they can or must be removed. The applicant shall notify the Commission promptly and in writing of any deficiencies in erosion controls and of any actions that it has taken or proposes to take to correct the problem, and shall implement all additional erosion and sedimentation controls that it, the Commission, or the DEP finds necessary. The applicant shall remove immediately and by hand any silt or other materials that have entered any resource area.

61. An adequate stockpile of erosion control materials shall be on site at all times for emergency or routine replacement and shall include materials to repair or replace silt fences, straw bales, erosion control blankets, stone riprap, filter berms, bark mulch socks or any other devices planned for use during construction.

62. The Commission reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site.

9


63. The area of construction shall remain in a stable condition at the close of each construction day. Erosion controls should be inspected at this time, and repaired, reinforced or replaced as necessary.

64. Erosion control devices may be modified based upon experience at the site. All such devices shall be inspected, cleaned or replaced during construction and shall remain in place until such time as stabilization of all areas that may impact resource areas is permanent.

65. Refueling, oil changes, and lubrication of all equipment used in construction shall take place outside all areas within the jurisdiction of the Commission unless otherwise indicated on the plan of record.

66. Cement trucks shall not be washed out in any wetland resource or buffer zone area, or into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed.

67. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed.

68. All stockpiles of soils existing for more than one day shall be surrounded by a row of entrenched silt fence, and shall be covered.

· - ·-· -·- · ·: --·- :· - -· 99 .- · -:· -En,>~ion-contr-01 devices shall remain .in plaGe and- properly .functi0$g until- all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized their removal.

70. Site grading and construction shall be scheduled to avoid periods of high surface water. Once begun, grading and construction shall continue in an expeditious manner to minimize the opportunity for erosion.

71. Grading shall _be accomplished so that runoff shall not be directed to the property of others, except as indicated on the approved plan.

72. No yard waste, including without limitation grass clippings, branches, leaves, bark mulch, and stones, shall be disposed of or placed in the resource area shown on the Plan and described in the Notice of Intent. This condition shall be referenced in any Certificate of Compliance issued for 331 North Street, Medfield.

73. To prevent contamination of the aquifer supplying Water to the Town, no herbicides, pesticides (except ·on the person), or any other harmful chemicals shall be used on that part of the

10


lawn that is within the buffer zone, and any fertilizers used on that part of the lawn shall be of the slow-release organic granular type, low-nitrogen variety. This condition shall be referenced in any Certificate of Compliance issued for 331 North Street, Medfield

74. The "Findings of Facts" are incorporated as special condition #74 and given equal status as such.

75. The restored BVW area shall be monitored and assessed for three (3) years by a wetlands scientist for its restored values and functions as a wetlands. A written report, with colored photos shall be provided to· the Commission at the spring and autumn seasons within the three year monitoring period.

76. The Commission reserves the right to impose additional conditions on portions of this project to mitigate any negative impacts to the restored wetlands and/or the existing wetlands, such as, but not limited to, unhealthy plant observance, hydrologically disconnected, unable to establish a sufficient saturated time period to support wetlands vegetation, that occur during the monitoring period.

77. Within thirty (30) days upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC):

(1) A Completed Request for a Certificate of Compliance form (WP A Form SA) or a written request to the Commission for a Certificate of Compliance.

(2) A letter, signed under the penalties of perjury, from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions, and detailing any deviations that exist, and their potential effect on the project. A statement that the work is in "substantial compliance" with no detailing of the deviations shall not be accepted.

(3) Two "As-Built ... plans signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act and the Medfield Wetlands Protection Bylaw. This plan shall include at a minimum:

(a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s) approved in this Order of Conditions and at the same scale as the proposed plan of record;

(b) Locations and elevations of all stormwater management conveyances, structures and best management designs, including foundation drains, dry wells, and raised bounds, constructed under this Order within any wetland resource area or buffer zone;

11


(c) Distances from any structures constructed under this Order to.wetland resource areas -"structures" include, but are not limited to, all buildings, septic system components, wells, utility lines, fences, retaining walls, and roads/driveways;

( d) A line delineating the limit of work, ECB location and wetlands line with flag numbers, - "work" includes any filling, excavating and/or disturbance of soils or . vegetation approved under this Order;

(e) Final grading elevations shown at 2-foot intervals;

(f) ·Any other items, elevations or distances the Commission may specify to ensure compliance with this Order.

78. After inspection and approval by the Commission or its agent, the applicant shall promptly remove any erosion controls, including without limitation straw bales or silt fencing, that the Commission deems no longer necessary for protecting the resource areas, and shall properly dispose of them, as well as all silt, debris, or other run-off that they have retained, outside the resource areas and 100-foot buffer zone.

79. Pesticides, herbicides, fungicides, and fertilizers shall not be used within 100 feet of the wetlands. Organic pesticides, herbicides, fungicides and fertilizers may be used subject to the review and approval of the Conservation Commission. This shall be noted in the Certificate of Compliance and shall be an ongoing condition.

· - :· · · · -.. · 80,- · · _ · · -De-icmg- chemicals- (e.g. sodium,- potassium, and calcium chloride) are prohibited on .. · .. driveways located in wetland resource areas and bUffer zones. This condition shaff si:trvive the .

expiration of this Order, and shall be included as a continuing condition in perpetuity .on the Certificate of Compliance.

81. Only slow-release organic granular type, low-nitrogen fertilizers shall be used within the wetland buffer zone. This condition shall survive the expiration of this Order, and shall be included as _a contmuing condition in perpetuity on the Certificate of Compl~ance.

82. Dumping Prohibited: There shall be no dumping of leaves, grass clippings, brush, or other debris into the wetland resource area. This condition shall survive the expiration of this Order, and shall be included as a continuing condition in perpetuity on the Certificate of Compliance.


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84. Prior to the issuance of a Certificate of Compliance and/or upon the sale of the property to subsequent owners, the owner shall provide a letter to the Conservation Commission acknowledging that he/she understands the wetland restrictions bound to this property. A copy of this letter shall accompany the written request for a Certificate of Compliance. This condition shall be an ongoing condition and shall be recorded in the deed and on subsequent deeds.

85. The following conditions: 72, 73, 79, 80, 81, 82, 83 and 84 shall run with the Land and be binding in perpetuity on all successors in title and assigns of the applicant. This Condition shall be noted on any Certificates of Compliance issued for this Order.

13

Chdt'les D. Baker, Govemor Karyn E. Polito. Lieutenant Governor Stephanie Pollack, Secretary & CEO Jonathan L. Gul/ive1; Acting Highway Administrator

September 15, 2017

Town of Medfield Board of Selectmen 459 Main Street Medfield, MA 02052

Attn: Maurice Goulet, Supt of Public Works

Dear Mr. Goulet,

MEDFIELD 5ELECTMEN

You were recently sent a copy of the June 16, 2017 inspection report for the municipally owned

bridge M-11-002 = M-23-001, West Street over the Charles River (another copy of the report is

included with this letter).

That report has identified several critical beam end deficiencies that are in need of immediate

shoring and repairs. We are following up with this letter to let you know that this is a situation

that must be addressed as soon as possible in order to avoid imposing weight and/or lane

restrictions on the bridge.

If you need any additional information or have any questions please contact the District Bridge

Engineer, Mohammed Nabulsi, at 508-929-3949.

Your immediate attention to this matter is greatly appreciated.

Barry Lorion Acting District 3 Highway Director

cc: Mahmood Azizi, District 3 Bridge Inspection Engineer

Attachment

Ten Park Plaza, Suite 4160, Boston, MA 02 Tel: 857-368-4636, TTY: 857-368-0

www.rnass.gov/rnas:

fWISTl fIIT.N.l ~~

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION PAGE

STRUCTURES INSPECTION FIELD REPORT

OF 18

BR. DEPT. NO.

ROUTINE & SPECIAL MEMBER INSPECTION M-11-002=M-23-001

CITY/TOWN

MEDFIELD=MILLIS

07-FACILITY CARRIED

HWY WEST STREET 06-FEATURES INTERSECTED

WATER CHARLES RIVER 43-STRUCTURE TYPE 302 : Steel Stringer/Girder

107-DECK TYPE

1 : Concrete Cast-in-Place

liH~l-i:I 0 DECK

1.Wearing Surface 5

2.Deck Condition 7

3.Stay in place forms N

4.Curbs 7

5.Median N

6.Sidewalks 7

7.Parapets N

8.Railing 7

9.Anti Missile Fence N

10.Drainage System 3

11. Lighting Standards N

12.Utilities 7

13.Deck Joints 3

14. N

15. --~ 16.

E w

DEF

S-P

M-P

M-P

M-P

S-A

S-A

CURB REVEAL I 300 I I 300 I (In millimeters)

1-------------~~-------1 APPROACHES DEF

a. Appr. Pavement Condition 5 S-P

b. Appr. Roadway Settlement 6 M-P

c. Appr. Sidewalk Settlement 5 M-A

d. N

8.-STRUCTURE NO.

M11002-2A4-MUN-NBI 90-ROUTINE INSP. DATE

JUN 20, 2017 I

II-Kilo. POINT

001.448

MEMORIAL NAME/LOCAL NAME 27-YRBUILT 106-YRREBUILT YRREHAB'D(NON 106)

1969 0000 0000

26-FUNCTIONAL CLASS

Urban Minor Arterial

DIST. BRIDGE INSPECTION ENGINEER M. Azizi

22-0WNER 21-MAINTAINER TEAM LEADER D. Smith Town Agency Town Agency

WEATHER

Sunny TEMP. (air)

27°C

SUPERSTRUCTURE 0 1.Stringers N

2.Floorbeams N

3.Floor System Bracing N

4.Girders or Beams 4

5.Trusses - General N

a. Upper Chords N

b. Lower Chords N

c. Web Members N

d. Lateral Bracing N

e. Sway Bracings N

f. Portals N

g. EndPosts N

6.Pin & Hangers N

7.Conn Pit's, Gussets & Angles N

8.Cover Plates 7

9.Bearing Devices 6

10. DiaphragmslCross Frames 6

11. Rivets & Bolts 7

12.Welds 7

13. Member Alignment 7

14.PaintlCoating 5

15. N

I Year Painted N

TEAM MEMBERS

M. DYGON

DEF

S-A

M-P

M-P

S-P

liu~kd1I

SUBSTRUCTURE

1. Abutments a. Pedestals

b. Bridge Seats

c. Backwalls

d. Breastwal/s

e. Wingwalls

f. Slope Paving/Rip-Rap

g. Pointing

h. Footings

i. Piles

;. Scour

k. Settlement

I. m.

2. Piers or Bents a. Pedestals

b. Caps

c. Columns

d. Stems!Webs/Pierwalls

e. Pointing

f. Footing 1 g.Piles

h. Scour

i. Settlement

;. k.

3. Pile Bents a. Pile Caps

b.Piles

c. Diagonal Bracing

d. Horizontal Bracing

Dive Cur 6

N N N 6 N 6 7 6 7 7 6 6 N N H 7 X N 7 H 8 7

N N N N

7

N N N 7 N N 7 7 N N H H X N 7 H 8 7 N N N N

N N N

'N N N N N N

COLLISION DAMAGE: Please explain e. Fasteners N N

None (X) Minor ( ) Moderate ( ) Severe ( ,-

DEF

M-P M-P M-P

M-P

N g:;;;;,;;;;;;;;;;;;;;;;;;;;;;;;;;,;;;;;,;;;;;,;;;;;;;;~;;;;:,.,:;;;;;;;;,;;;;;,;;;~ L 0 AD DEFLECTION: Please explain

UNDERMINING (YIN) If YES please explain

OVERHEAD SIGNS (YIN) 0 (Attached to bridge) None ( ) Min.or ( X) Moderate ( ) Severe ( COLLISION DAMAGE:

LOAD VIBRATION: Please explain None ( X) Minor ( ) Moderate ( ) Severe ( DEF

I~ § None ( ) Minor ( X l Moderate ( l Severe ( SCOUR: Please explain

a. Condition of Welds N __ :__ 1-';;;;;;;;;;;;;;;;;;;;,;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;,;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;_a None (X l Minor ( ) Moderate ( l severe (

b-_ Condition of Bolt~---~N _ __:__ Any Fracture Critical Member: (YIN) l;l ----QJ·--------~-~--J~ L_j 1·60 (Dive Report): 7 1-60 (This Report): 6

c. Condition of Signs N • 0 Any Cracks: (YIN) N J

938-UIW (DIVE) lnsp 04/10/2015 __

PAGE 2 OF 18

CITY/TOWN MEDFIELD=MILLIS

B.I.N.

2A4 BR. DEPT. NO. M-11-002=M-23-001

8.-STRUCTURE NO.

M11002-2A4-MUN-NBI INSPECTION DATE

JUN 20, 2017

lillljdi CHANNEL& CHANNEL PROTECTION

Dive Cur DEF

1.Channel Scour 7 H

2. Embankment Erosion 7 7

3.Debris 8 7

4.Vegetation 7 7 M-P

5.Utilities x x 6.Rip-RaplSlope Protection 6 5 M-P

7 .Aggradation 6 H

8.Fender System N N

STREAM FLOW VELOCITY:

Tidal ( ) High ( ) Moderate ( X ) Low ( ) None (

iiiijljltl TRAFFIC SAFETY 36 COND DEF

A. Bridge Railing ~ 7

~ B. Transitions i 0 5

C. Approach Guardrail 1 7

D. Approach Guardrail Ends 0 7

WEIGHT POSTING Not Applicable [Kj H 3 3S2 Single

Actual Posting [ill [ill ~ 0 Recommended Posting [ill [ill ~ 0 Waived Date: f 00/00/0000 / EJDMT Date: f 00/00/0000 /

Signs In Place (Y=Yes,N=No, NR=NotRequired) Legibility/ Visibility

ACCESSIBILITY (Y/N/P)

Needed Used

Lift Bucket N N

Ladder N N

Boat N N

Waders N N

Inspector 50 y y

Rigging N N

Staging N N

Traffic Control y y

RR Flagger N N

Police y y

Other:

PLANS (YIN): ~

(V:C.R.) (Y/N): 0 TAPE#:

ITEM 61 (Dive Report): 0 ITEM 61 (This Report): 0 List of field tests performed:

93b-UIW INSP. DATE:!~ _0_4_11_0_12_0_15~~1 None

RATING Rating Report (YIN): ~

(To be filled out by OBIE)

Request for Rating or Rerating (YIN): ~ If YES please give priority:

I HIGH ( x) MEDIUM ( ) LOW ( ) I Date: [~_1_11_01_12_0_1_0 ~I REASON: Beam condition.

Inspection data at time of existing rating

I 58: 7 159: 7 160: 7 Date :06/29/2009

CONDITION RATING GUIDE (For Items 58, 59, 60 and 61)

CODE CONDITION DEFECTS

N NOT APPLICABLE

G 9 EXCELLENT Excellent condition.

G 8 VERY GOOD No problem noted.

G 7 GOOD Some minor problems.

F 6 SATISFACTORY Structural elements show same minor deterioration.

j_F __ 5 FAIR All primary structural elements are sound but may have minor section loss, cracking, spalling or scour.

p 4

p 3

c 2

I c

POOR

SERIOUS

CRITICAL

, "IMMINENT' FAILURE

Advanced section loss, deterioration, spalling or scour.

Loss of section, deterioration, spalling or scour have seriously affected primary structural components. Local failures are possible. Fatigue cracks in steel or shear cracks in concrete may be present.

Advanced deterioration of primary structural elements. Fatigue cracks in steel or shear cracks in concrete may be present or scour may have removed substructure support. Unless closely monitored it may be necessary to close the bridge until corrective action is taken.

L.

Major deterioration or section loss present in critical structural components or obvious vertical or horizontal movement affecting structure stablility. Bridge is closed to traffic but corrective action may put it back in light service.

I 0 FAILED Out of service - beyond corrective action.

• n w &lifl&~ti"ifJ& ilut111~m11 tJ• DEFICIENCY: A defect in a structure that requires corrective action.

CATEGORIES OF DEFICIENCIES: M= Minor Deficiency_ ~~l~~.e~~~~~ ~~:~:s~~ :ri~~rell~ ~~~~~e~!~~~=~I~~~~~~ i:~~~~:~ :i~~ctural integfity of the bridge and could easily be repaired. Examples include but are not limited to: Spalled concrete, Minor pot

S= Severe/Maj or Deficiency _ ~:~~~;~i~sb:r~i1c~~~:r~~~~~~~~~~~~~t~~~~~i~:~a~~=~c':~~~~l~~~~~e~~~n~:;,rt J~J:ia~~· t~:a;~:i~~n~~ur~s~o~ :~t~~~:~~~~es~~~~ ~~hd~:~~~~~~~~::~~r~~~ti:~. i~t~~ncrete, Exposed and

C-S= Critical Structural Deficiency _ :f~~~c~~i~~~.in a structural element of a bridge that poses an extreme unsafe condition due to the failure or imminent failure of the element which will affect the slructural integrity

b ritical Hazard Deficiency _ A deficiency in a component or element of a bridge that poses an extreme hazard or unsafe condition to the public, but does not Impair the slrnctural integrity of the bridge. Examples include but are not limited to: Loose concrete hanging down over traffic or pedestrians, A hole in a sidewalk that may cause injuries to pedestrians, Missing section of bridge railing, etc.

. . .

\ URGENCY OF REPAIR: I= Immediate- [lnspector(s) immediately contact District Bridge Inspection Engineer (OBIE) to report the Deficiency and to receive further instruction from himJher).

A= ASAP- [ActionfRepair should be initiated by District Maintenance Engineer or the Responsible Party (if not a State owned bridge) upon receipt of the Inspection Report).

P = P1·ioritize- [Shall be prioritized by District Maintenance Engineer or the Responsible Party (if not a State owned bridge) and repairs made when funds and/or manpower is available).

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION PAGE _3_ OF~

pmsr] flllN.l -LJ!U~

STRUCTURES INSPECTION FIELD REPORT BR.DEPT.NO.

ROUTINE & SPECIAL MEMBER INSPECTION M-11-002=M-23-001

CITY/TOWN 8.-STRUCTURE NO. 11-Kilo. POlNT 90-ROUTINE INSP. DATE 93*-SPEC. MEMB. INSP. DATE

MEDFIELD=MILLIS M11002-2A4-MUN-NBI 001.448 Jun 20, 2017 Jun 20, 2017 07-FACILITY CARRIED MEMORIAL NAME/LOCAL NAME 27-YRBUILT 106-YRREBUILT *YRREHAB'D(NON 106)

HWY WEST STREET 1969 0000 0000 06-FEATURES INTERSECTED 26-FUNCTIONAL CLASS

Urban Minor Arterial DIST. BRIDGE INSPECTION ENGINEER M. Azizi

WATER CHARLES RIVER

107-DECK TYPE

1 : Concrete Cast-in-Place

22-0WNER 21-MAINTAINER TEAM LEADER D. Smith Town Agency Town Agency

WEATHER

Sunny TEMP. (air)

27°C TEAM MEMBERS M. DYGON

At bridge Advance WEIGHT POSTING Not Applicable [il H 3 3S2 Single

Actual Posting ~ ~ ~ []] Recommended Posting ~ ~ ~ []] Waived Date: I 00/00/0000 I EJDMT Date: I 00/00/0000 I

Signs In Place (Y=Yes,N=No, NR=Not Required)

Legibility/ Visibility

(Y/N):[!J

~lffi PLANS

~CJ (Y/N):0 00 (V.C.R.)

TAPE#:

RATING If YES please give priority:

Rating Report (Y/N): [!] Date: ~I __ 11_1_01_1_20_1_0 _ _,

Inspection data at time of existing rating

Request for Rating or Rerating (YIN): [Ij REASON: Beam condition.

I HIGH ( x ) MEDIUM ( ) LOW (

I 58: 7 I 59: 7 I 60: 7 I 62: - Date :06/29/2009 c ~PECIAL MEMBER(S):

MEMBER

A Item 59.4 - Girders or Beams

B

c

D

E

List offield tests performed:

li2!!!

CRACK c~J~1~~N (Y/N): (0-9)

y 7

LOCATION OF CORROSION, SECTION LOSS(%), CRACKS, COLLISION DAMAGE, STRESS CONCENTRATION, ETC.

See remarks in comments section.

CONDITION

PREVIOUS PRESENT

(0-9) (0-9)

5 4

(Overall Previous Condition)

(Overall Current Condition)

DEFICIENCY: A defect in a structure that requires corrective action.

CATEGORIES OF DEFICIENCIES:

INV. RATING OF MEMBER FROM RATING ANALYSIS

H-20 3S2

23 29 38

Deficiencies

S-A

1-58 1-59 I-60 1-62

0000 0000

l\il= Minor Deficiency _ ~:i~~i.e~~~:sr ~:;~:s~~ :ii~t°:eir~ ~~~~~e~cg0:nrt:;:1'6~~~~~ iX~~~~:~ :i~~ctural integrity of the bridge and could easily be repaired. Examples include but are not limited to: Spalled concrete, Minor pot

S= Severe/Major Deficiency _ ~0e~~~e:i~sb~r~i~~:~:i:~~eb~~~~~~~~~t~~~~l~~~a~~=~c~~;i~~l!~~~nJe~~~n~n~~rtJ~;:fa~:·t~:~:nl:i~!n~~ur~:s~o~ ~~t~~~:~~~~es~;~; ~~hd::~e5~~a~~~~:se~ef~~::ii~~. i~t~.oncrete, Exposed and

C-S= Critical Structural Deficiency _ ~f~~:c~~~~~'.n a structural element of a bridge that poses an extreme unsafe condition due to the failure or imminent failure of the element which will affect the structural integrity •

C-H= Critical Hazard Deficiency - ~~r~~~~:~Ya~: ~~~~~~en;~~:o~0e~=~~~~~:e~eb~i~~=i~~~~~~e~v:~ t~:~~~~ ~=~=~ri~~~~!a~~l~~~d~t~~~~!~: 1~~~~~~~~~~:~~~~~~~~1~~dee~!~~~~~!~!~~9ri~e~l~~e 0~rb~fd~eEr:~l~~'.es etc.

URGENCY OF REPAIR: I= ImmediateA =ASAP-P =Prioritize-

[lnspector(s) immediately contact District Bridge Inspection Engineer (DBlE) to report the Deficiency and to receive further instruction from him/her).

[Aclion/Repair should be initiated by District Maintenance Engineer or the Responsible Party (if not a Slate owned bridge) upon receipt of the Inspection Report).

[Shall be prioritized by District Maintenance Engineer or the Responsible Party (if not a State owned bridge) and repairs made when funds and/or manpower is available].


BRIDGE ORIENTATION

B.I.N. BR. DEPT. NO. 8.-STRUCTURE NO.

2A4 M-11-002=M-23-001 M11002-2A4-MUN-NBI

REM.ARKS

PAGE 4 OF 18

INSPECTION DATE

JUN 20, 2017

According to the plans the approaches are North and South and the elevations are East and West. This is a 2 span steel beam bridge with 8 beams and 7 bays in each span numbered West to East. The spans are numbered South to North. The river flows East to West.

GENERAL REMARKS The district ABE was notified of the condition of the beams by email on 6/23/17.

For the condition of underwater elements see Routine Underwater Inspection Reporl dated 4/10/15.

ITEM 58 - DECK

Item 58.1 - Wearing Surface The bituminous concrete wearing surface has a nearly full length x 14 ft. wide bituminous repair along the East side since the previous inspection. The remainder has heavy transverse, longitudinal and map cracking with several up to 1 ft. diameter x 2 in. deep potholes, some bituminous patched. See Photos 1 and 2. The Northwest corner of span #1 has a 3 ft. long x 4 ft. wide x 2 in. deep pothole with standing water. See Photo 3. The Southbound lane has full width breakup with some bituminous patches along the North side of the pier joint. There are several small areas of breakup with minor vegetation growth along both curbs.

Item 58.2 - Deck Condition There is moderate efflorescence and moisture along the construction joint in bay #5 of span #2, and minor rust and efflorescence in span #1. See Photo 4. The fascia undersides have isolated hairline transverse cracks with efflorescence throughout, and minor spalling at the pier joint. All the deck weeps are not extended below the superstructure.

Item 58.4 - Curbs The West curb is broken and displaced at the North joint. See Photo 5.

Item 58.6 - Sidewalks There is a 5 ft. long x 4 in. wide area of delamination to the East safety sidewalk, approximately 20 ft. South of the pier joint. The joint filler is falling out at both ends of the West sidewalk and East safety walk. Both outside fascias have minor surface scaling and efflorescence at all bridge rail posts.

Item 58.1 O - Drainage System There is a corroded drain pipe under bay #1 connected to a corroded trough under the pier joint, and an almost completely corroded away piece of pipe in bay #7. See Photo 6. The trough pipe has severe corrosion and is broken and missing in bays #1 through #4.

Item 58.13 - Deck Joints South abutment joint: The concrete header has minor cracking and spalling throughout. The West 10 ft. and East 5 ft. of the seal is covered with sand. The remainder of the seal is cracked and torn throughout. See Photo 7.

Pier joint: There are 5 ft. long sections of filler missing from both ends of the sliding plate joint and a 2 ft. section of filler missing at the center, all packed with sand. The rubber seal in the West sidewalk is pinched and cracked, and is bulging up 1 in. above the sidewalk. See Photo 3.



2A4 M-11-002=M-23-001 M11002-2A4-MUN-NBI

REMARKS

Item 58.13 - Deck Joints (Cont'd)

PAGE 5 OF 18

INSPECTION DATE

JUN 20, 2017

North abutment joint: The concrete header has minor cracking and spalling throughout. There is a 15 ft. section of seal that has fallen out at the East end, and the remainder is sagged in the Northbound lane. See Photo 8. The seal is cracked and torn throughout. There is a 30 in. long spall to the concrete header, just East of the center, that is bituminous patched.

APPROACHES

Approaches a - Appr. Pavement Condition South approach pavement: There is moderate to heavy transverse and longitudinal cracking with several minor potholes and patches throughout. The deck transition has minor breakup and settlement throughout the Southbound lane and a full width x 4 ft. long bituminous repair throughout the Northbound lane. See Photo 7.

North approach pavement: There is moderate to heavy transverse and longitudinal cracking throughout, mostly sealed. The deck transition has minor breakup and settlement throughout the Southbound lane and a 15 ft. wide x 8 ft. long bituminous repair in the Northbound lane. See Photo 8.

Approaches b - Appr. Roadway Settlement See Approaches a.

Approaches c - Appr. Sidewalk Settlement There is 3 in. of settlement to the Southwest approach sidewalk and 2 in. of settlement to the Northwest approach sidewalk, both filled with sand and vegetation. See Photo 9.

ITEM 59 - SUPERSTRUCTURE

Item 59.4 - Girders or Beams Span #1 beams are W33 x 118 original flange thickness= 0.740 in. original web thickness= 0.550 in.

Span #2 beams are W36 x 135 original flange thickness= 0.790 in. original web thickness= 0.600 in.

Beams #1 through #7 have several areas of minor surface rusting and paint peeling, exposing several areas of primer. Both ends of beam #8 in spans #1 and #2 have up to 4 ft. of heavy surface rusting and minor to moderate rust flaking to the bottom flange and the bottom 3 in. of the web. Specific conditions are noted below.

Beam #8 in span #1, South end: The bottom corner of the web has a 7 in. long x up to 7 in. high area of intermittent 100% section loss behind the bearing. This section loss tapers back to original thickness 2 ft. out from the face of the bearing, and at the concrete diaphragm encasement. There is 0.35 in. remaining to the inside half of the bottom flange behind the bearing. See Photo 10.

Beam #8 in span #1, North end: The bottom of the web has 0.25 in. remaining behind the bearing, and tapers back to original thickness at 1 ft. high.



2A4 M-11-002=M-23-001 M11002-2A4-MUN-NBI

Item 59.4 - Girders or Beams (Cont'd)

PAGE 6 OF 18

INSPECTION DATE

JUN 20, 2017

Beam #8 in span #2, South end: There is severe section loss to the bottom end of the web and bottom flange, up to 3 ft. long x up to 3 in. high. There is a 17 in. long x up to 1/2 in. high area of 100% section loss and crack to the bottom of the web, showing signs of minor crippling above the bearing. The upper portion of the web is folded over 1 /4 in. out of plane from the bottom of the web. The outside bottom flange has near full width 100% section loss in front of the bearing. The section loss to the web and bottom flange returns to original thickness at 56 in. from the end of the beam, and at the bottom of the concrete diaphragm encasement. See Photos 11, 12 and 13.

Beam #8 in span #2, North end: There is an 8 in. long hairline crack with a 6 in. long x 2 in. high x 1/2 in. deep minor bulge that leads to a 13-1/2 in. long x 1-1/2 in. high area of 100% section loss to the bottom of the web, starting at the back of the bearing. This area of the web and bottom flange is showing signs of minor crippling and shear yielding. The West half of the North 6 ft. of the bottom flange has an average of 0.35 in. remaining. The bottom 3 in. of the web outside of the 100% section loss has an average of 0.40 in. remaining. See Photos 14 and 15.

Item 59.9 - Bearing Devices All beam #8 bearings have moderate to heavy rust flaking and section loss. See Photos 10, 11, 13and14. The remainder of the pier bearings have minor surface rusting. All abutment bearings have minor to moderate surface rusting.

Item 59.10 - Diaphragms/Cross Frames See Item 59.14.

Item 59.14 - Paint/Coating The superstructure paint system is faded and has many areas of paint peeling, exposed primer and surface rusting throughout. See Photo 16 and Item 59.4.

Superstructure Load Deflection Notes Minor under heavy live loads.

Superstructure Load Vibration Notes Minor under heavy live loads.

ITEM 60 - SUBSTRUCTURE

Item 60.1 - Abutments Item 60.1.b - Bridge Seats There is moderate sand/soil buildup with minor vegetation growth on the East end of the North bridge seat and the West end of the South bridge seat. See Item 60.1.d.

Item 60.1.c - Backwalls Much of the brick masonry around the utilties in bay #1 on both backwalls is deteriorating and has fallen out. See Photo 17.


Item 60.1.d - Breastwalls


2A4 M-11-002=M-23-001 M11002-2A4-MUN-NBI

REMARKS

PAGE 7 OF 18

INSPECTION DATE

JUN 20, 2017

South breastwall: There is a 2 ft. long horizontal hairline crack with bleeding rust to the top seat area under bay #4.

North breastwall: There is a 6 ft. high vertical hairline crack under bay #2. Under bay #3 there is a 3 ft. long x 20 in. high x 2-1/2 in. deep spall with exposed rusted rebar that extends into a full width delamination to the seat under bay # 3. See Photo 18. There is moderate graffiti throughout.

Item 60.1.e - Wingwalls There is a 3 ft. diagonal hairline crack with efflorescence to the Southeast wingwall. There is minor graffiti on all four wingwalls.

Item 60.1.f - Slope Paving/Rip-Rap Most of the stone rip rap in front of the North abutment has slumped into the channel. There are up to 10 in. diameter trees growing at both ends of the North slope, encroaching on the superstructure. See Photo 16.

Item 60.1.h - Footings The North abutment footing is exposed along the entire length of abutment. The South abutment footing is hidden.

Item 60.2 - Piers or Bents Item 60.2.b - Caps There is a vertical and horizontal hairline crack to the top South side of the cap below beam #8. There is a full height x up to 0.03 in. wide vertical through crack under bay #3. The North face has two 15 in. high x 4 in. wide x 1 in. deep spalls with exposed and rusting rebar below beam #1.

ITEM 61 - CHANNEL AND CHANNEL PROTECTION

Item 61.6 - Rip-Rap/Slope Protection See Item 60.1.f. ·

TRAFFIC SAFETY

Item 36a - Bridge Railing Both bridge rails consist of AL-3 with concrete end posts.

Item 36b - Transitions All the transitions are single panel SS steel guardrail with posts not properly spaced. The Southwest transition has moderate collision damage. See Photo 19. The Southeast transition attachment is missing one bolt. The Northeast transition is completely unattached from the end post See Photo 20.

Item 36d -Approach Guardrail Ends All the guardrail ends are boxing gloves not turned from traffic.

PAGE 8 OF 18



2A4 M-11-002=M-23-001 M11002-2A4-MUN-NBI INSPECTION DATE

JUN 20, 2017

Photo Log Photo 1 : Photo 2: Photo 3: Photo 4: Photo 5: Photo 6: Photo 7: Photo 8: Photo 9: Photo 10: Photo 11 : Photo 12: Photo 13: Photo 14: Photo 15: Photo 16 : Photo 17: Photo 18: Photo 19: Photo 20:

Wearing surface overview. Typical wearing surface in Southbound lane. Wearing surface in Northwest corner of span #1. Pier joint seal in West sidewalk. Bay #5 in span #2. North end of West curb. Pier joint drainage trough pipe in bay #1. South deck joint and approach pavement. North deck joint and approach pavement in Northbound lane. Southwe.st approach sidewalk. South end of beam #8 in span #1. South end of beam #8 in span #2. South end of beam #8 in span #2. South end of beam #8 in span #2 inside bay #7. North end of beam #8 in span #2. North end of beam #8 in span #2 inside bay #7. Span #2 superstructure paint condition. North abutment rip rap. South backwall in bay #1. North breastwall and bridge seat under bay #3. Southwest transition. Northeast transition attachment.

CITY/TOWN MEOFIELD=MILLIS

Photo 1:

Photo 2:

REM.(2)7-96

B.I.N.

2A4 BR. DEPT. NO. 8.-STRUCTURE NO.

M-11-002=M-23-001 M 11002-2A4-M U N-N Bl

PHOTOS

Wearing surface overview.

Typical wearing surface in Southbound lane.

PAGE 9 OF 18

INSPECTION DATE

JUN 20, 2017


Photo 3:

Photo 4:

REM.(2)7-96

B.I.N. BR. DEPT. NO. &.-STRUCTURE NO.

2A4 M-11-002=M-23-001 M11002-2A4-MUN-NBI

PHOTOS

PAGE 10 OF 18

-

INSPECTION DATE

JUN 20, 2017

~ Bulging seal

Wearing surface in Northwest corner of span #1. Pier joint seal in West sidewalk.

Bay #5 in span #2.


Photo 5:

Photo 6:

REM.(2)7-96

B.I.N.


M-11-002=M-23-001 M11002-2A4-MUN-NBI

PHOTOS

North end of West curb.

Pier joint drainage trough pipe in bay #1.

PAGE 11 OF 18

INSPECTION DATE

JUN 20, 2017


Photo 7:

Photo 8:

REM.(2)7-96

B.I.N.


M-11-002=M-23-001 M 11002-2A4-M U N-N Bl

PHOTOS

South deck joint and approach pavement.

PAGE 12 OF 18

INSPECTION DATE

JUN 20, 2017

North deck joint and approach pavement in Northbound lane.


B.I.N.


M-11-002=M-23-001 M 11002-2A4-M U N-N Bl

PHOTOS

Photo 9: Southwest approach sidewalk.

Photo 1 O: South end of beam #8 in span #1.

REM.(2)7-96

PAGE 13 OF 18

INSPECTION DATE

JUN 20, 2017


B.I.N.


M-11-002=M-23-001 M11002-2A4-MUN-NBI

PHOTOS

Photo 11: South end of beam #8 in span #2.

Photo 12: South end of beam #8 in span #2.

REM.(2)7-96

PAGE 14 OF 18

INSPECTION DATE

JUN 20, 2017


B.I.N.


M-11-002=M-23-001 M11002-2A4-MUN-NBI

PHOTOS

Photo 13: South end of beam #8 in span #2 inside bay #7.

1s~112 in. x 1-1/2 in; Hole

0.40 in. Remaining

Photo 14: North end of beam #8 in span #2.

REM.(2)7-96

PAGE 15 OF 18

INSPECTION DATE

JUN 20, 2017


B.I.N.


M-11-002=M-23-001 M 11002-2A4-M U N-N Bl

PHOTOS

Photo 15: North end of beam #8 in span #2 inside bay #7.

PAGE 16 OF 18

INSPECTION DATE

JUN 20, 2017

Photo 16: Span #2 superstructure paint condition. North abutment rip rap.

REM.(2)7-96


B.I.N.


M-11-002=M-23-001 M11002-2A4-MUN-NBI

PHOTOS

Photo 17: South backwall in bay #1.

Photo 18: North breastwall and bridge seat under bay #3.

REM.(2)7-96

PAGE 17 OF 18

INSPECTION DATE

JUN 20, 2017


B.l.N.


M-11-002=M-23-001 M 11002-2A4-M U N-N Bl

PHOTOS

Photo 19: Southwest transition.

Photo 20: Northeast transition attachment.

REM.(2)7-96

PAGE 18 OF 18

INSPECTION DATE

JUN 20, 2017