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Academy Building – 66 Central Square

Bridgewater, MA 02324

Whispering Wood Report

December 15, 2010 The Whispering Wood project started in the planning stage on or around July 2002. The issues that have arisen are whether or not the project has violated numerous state statutes and regulations as well as local by laws. It has also come to our attention that some potentially serious conflicts of interest may have transpired regarding public officials. There have been numerous complaints voiced by abutters regarding impacts to their properties. The developer, his engineer, and numerous public officials have confirmed these issues. Yet, no corrective actions have been forthcoming. The narrative below has been created based on the review of pictures, videos, and documents related to this project. The reviewed information was measured against statutes and regulations as well as local by laws. The goal is to determine whether or not the permitting process followed proper protocol. Narrative 2002 On July 18, 2002, Larry Silva performed soil evaluation and percolation tests for the proposed lots within the Whispering Wood subdivision. On September 9, 2002, Board of Health agent Stanley Kravitz sends

1656 508.697.0903 508.697.0947 (Fax) LKeane@Bridgewaterma.org

Brian Penney, Chairman Sandra Wright, Clerk Eric Colon, Member

BOARD OF HEALTH

Laurie Keane Clerk

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correspondence to the Planning Board indicating the Board of Health would be discussing the Whispering Wood at their meeting on September 10, 2002. There are no records showing that votes were taken by the Board of Health, or that any action was taken on this matter. On September 9, 2002, the Planning Board held a meeting on Whispering Wood. Azu Etoniru memo dated 9/9/02- there is no soil evaluation and/or percolation test data. The drainage system design does not address volume and peak rate of runoff attenuation pursuant to the Board's guidelines. Mr. Silva commented that there is a marginal area in the back, which goes into the National Grid easement. Planning Board Chairman Bruce Dyer said that maybe he should consider his overflow heading that way. He suggested it might be an easier solution than trying to overflow it onto Walnut St. He suggested hugging the west corner and head due east from there. On October 29, 2002, the Board of Health voted to take no action on the subdivision plan as the plan didn't identify the outfall for the drainage nor did it identify the owner of the Project. On November 4, 2002, the Planning Board held a meeting. Larry Silva stated the original plan had the drainage system that came out and infiltrated with an overflow out to Walnut Street and tying into the drainage system there. It is redesigned it so it goes out through a detention basin on Lot 5, through an outlet structure to a pipe in the direction of the National Grid easement. He stated the developer has secured an easement from the abutter, Mr. Dumaroski, who is at a lower elevation in order to create a berm along his edge, to make sure it finds its way around the corner into the National Grid easement. Highway Superintendent Andy Bagas stated the outlet pipe and swale have a discharge to the east onto the National Grid property. He asked if an easement is going to be needed. The Planning Board voted to approve the subdivision plan with certain conditions. 1. All sheets of the plan will be recorded. 2. The construction of all ways and installation of all municipal services shall be completed in accordance with the applicable rules and regulations of the Board

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within a period of two (2) years from the date of endorsement of the plan. Failure to so complete, shall automatically rescind approval of the plan. 3. No waiver of a subdivision rule or regulation shall be authorized unless formally approved in writing, by this Board. 4. All roads, walks and ways shall be constructed in strict compliance with 521 CMR and the provisions of the Americans with Disabilities Act. 5. Any easements shown on the plan must be recorded in Plymouth Country Registry of Deeds. Proof of such recording shall be required prior to any request for release of lots from the covenant. 6. An oil/water separator will be added to the last structure prior to the detention basin. 7. The Board gets a calculation to show the difference in run off pre and post on to Cherry Street. That run off calculation will show that there is less run off going to Cherry St. 8. The Board receives an approval letter from the Board of Health. 9. The Board receives a favorable letter as a result of the water impact form from the Water Department. On November 18, 2002, Board of Health agent Stanley Kravitz sends correspondence to the planning Board approving the drainage modification. There are no records indicating any votes by the Board of Health to corroborate Mr. Kravitz approval. On November 29, 2002, Mr. Dumaroski grants an easement on his property to Retep Realty trust. On December 2, 2002, The Planning Board approved the original subdivision plan. 2003 On May 6, 2003, the Planning Board held a meeting. The Board had received notification on 4/22 from Henry Dumaroski that he wanted to inform the Board that he has withdrawn his consent for a 10' wide temporary grading easement on his property in conjunction with the Whispering Wood Subdivision. He feels there is too much liability for him and he has informed Mr. Peter Dubee of Retep Realty of this last Friday. Another letter dated 4/28 was received and notarized revoking all easements on

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his property. Mr. Dyer commented that he felt the easement was recorded prior to the Board signing the plan. On May 9, 2003, Mr. Dumaroski revokes the easement on his property. On May 18, 2003, the abutters sent a letter to the Planning Board asking the board to take remedial action to rectify the situation. On May 19, 2003, the abutters sent a letter to the Planning Board detailing conversations between abutters the developer and contractor as well as asking a series of questions. In June 12, 2003, a letter was sent to the Planning Board by National Grid expressing that they disapprove of any drainage being directed onto their easement. On June 16, 2003 the Planning Board held a meeting. Chairman Bruce Dyer said that Mr. Silva was unable to attend this evening. They have paved the road but have stopped work. He stated none of the drainage is in; because of the issues down there. He asked Larry Silva to do a calculation of the site now because they cut all the trees and took a lot of material out; he doesn't think it is the post conditions that Larry Silva expected. In July 14, 2003, a letter was sent to the planning Board from ET engineering stating that drainage engineering meets regulations. It was also recommended that the drainage lot be deeded to one of the individual lots as their responsibility for ongoing maintenance. August 5, 2003, Board of Health agent Stanley Kravitz sends correspondence to the Planning Board approving the drainage modification. There are no records indicating votes by the Board of Health to corroborate Mr. Kravitz approval. August 8, 2003, Highway Superintendent Andy Bagas sends correspondence to the Planning Board recommending that the drainage basin be deeded to lot 2 of the subdivision. He also stated that construction is different than shown on the plan. August 11, 2003, Building Inspector David Moore sends correspondence to the Planning Board stating that he performed an inspection of the Whispering Woods subdivision along with the Fire Department and Board of Health Agent Stanley

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Kravitz. During that inspection, it was determined that the storm water runoff was in violation of 6.30.H .5 of the zoning bylaws. August 11, 2003, the Planning Board held a meeting. Planning Board member Mr. Pilavis stated that he appreciates Mr. Silva's position and integrity, theoretically, that this will function. However, he said the structures that have been put in place, have lost all integrity. He said he has zero faith in the system as it sits on the project right now. Mr. DaSilva commented that none of the water is going where it is supposed to go; it all went to other areas. Chairman Bruce Dyer explained that none of this is done, when the road is constructed there will be curbing, the front yard will drain to that basin. Drainage will be directed through conduits and from the first detention basin to the second one. None of that happens now because it is not in place. Mr. DaSilva questioned if it will be enough to handle all the water once it is in place. Mr. Dyer felt the Board needed more information from Mr. Silva on the condition of the site now and how much water we will have running off there. Mr. Dyer noted that the Board does have the ability to ask for an additional area in case it doesn't handle it. Abutter Ed Lalli commented that he has a hill where there never was a hill before. He said all the water from it is running down to his yard and he is down in a hole. Jennifer Blake of 59 Cherry St. stated that during the construction process, the saleable dirt was moved out and clay was put in! It is now all clay and just running right off instead of being absorbed into the ground. She wants her issues taken care of that were cited in her letter. She said they took a big hill out of her backyard and now her neighbor the Shaw's have runoff from her yard because it was not directed properly, has blown out their wall that was just constructed. Jennifer Blake stated that Mr. Cloutier promised her that loam would be brought in to her and now he refuses. Everything that they said they would do has not been done. Mr. Dyer said it would be discussed on-site tomorrow. Mr. Shaw commented that the dust is tremendous and something has to be done about it. Mr.Silva stated that he was having trouble with the reason why the Board was not voting on this tonight just because there was a failure of the basin under

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construction. Planning Board member Mr. Ferioli commented that it appears that there is a failure of the entire drainage system; not just one basin under construction. Mr. Feroli commented that the subdivision has not been constructed the way it was brought in from the very beginning. September 8, 2003, Highway Superintendent Andy Bagas sends correspondence to the Planning Board stating that the drainage modification is adequate. September 8, 2003, The Planning Board held a meeting. Mr. DaSilva questioned if the lots had to be re-perked? Mr. Dyer said the Board of Health has jurisdiction over that. September 9, 2003, Board of Health Agent Stanley Kravitz sends correspondence to the Planning Board approving the drainage modification. There are no records indicating votes from the Board of Health to corroborate Mr. Kravitz approval. On September 23, 2003, Stanley Kravitz granted a Title V Disposal Construction permit for 15 Whispering Wood. October 20, 2003, The Planning Board approved the modified Subdivision Plan. 1. All sheets of the plan will be recorded. 2. The Plan shall be recorded in compliance with rules set forth MGL chapter 41 Section 81 W and proof of such recording shall be submitted to the Planning Board before any other lots are released for building purposes. 3. A maintenance agreement shall be recorded outlining the responsibilities of the owner of lot 2 and schedule of maintenance activities shall be provided to the Planning Board prior signing the plan. A note shall placed on the plan reflecting the above activities. 4. The existing infiltration system shall be reinstalled and the design Engineer and a representative of the Planning Board shall do inspections before the system is reinstalled (bottom of the hole) and after the structures have been installed. 5. Street trees shall be provided every fifty feet along the roadway as well as along the inside of the island cul-de-sac. Trees shall be a minimum of 12 feet in height and 3 inches in diameter at a height of 4.5 feet. 6. A treed buffer shall be planted along the top of the swale along the properties common lot line with Lalli map 51 lot 10 Walnut st. The purpose of the buffer is

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to screen the abutting property. White pines 5-6 feet in height at ten foot intervals in two rows maybe used or some alternative means agreed to by both properties may be substituted after Planning Board review. Screened buffer shall be in place prior to lot release. 7. A PE and land surveyor shall stamp all appropriate sheets of the plan. 8. During the construction of the project including construction of homes steps shall be taken to eliminate the introduction of silt and debris into the infiltration system. Protection from siltation into the infiltration basin shall be shown on plan. 9. A bond shall be retained for a period of three years after the completion of the roadway to replace the infiltration system if deemed necessary. If the repairs aren’t warranted the bond shall be released. On October 26, 2003, a new percolation test was performed at 9 Whispering Wood. 2004 On March 19, 2004, Stanley Kravitz granted a Title V Disposal System construction permit for 9 Whispering Wood. On April 7, 2004, Stanley Kravitz granted a Title V Disposal Construction permit for 8 Whispering Wood. On May 5, 2004, Stanley Kravitz granted a certificate of compliance for the disposal system at 15 Whispering Wood. The system was installed by Joseph Arruda. On July 14, 2004, Stanley Kravitz granted a certificate of Compliance for the disposal system at 8 Whispering Wood. The System was installed by John Graziano. On July 28, 2004, Stanley Kravitz granted a certificate compliance for the disposal system at 9 Whispering Wood. The System was installed by Jim Coots. 2005 April 4, 2005, Silva Engineering sent a letter to the Planning Board stating the drainage system functioned as designed. He also stated that the drainage berm was not intact thereby allowing flow on to Mr. Dumaroski property.

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April 5, 2005, the Planning Board sent a letter to Retep Realty Trust stating the drainage structures had not been completed and is not working as designed. The letter also stated that the storm water was running on to Mr. Dumaroski property. October 24, 2005, Mr. Dumaroski sends a letter to the Planning Board stating that he believes the drainage system is to be re-configured. He also expressed the fact that he does not wish to have anyone from Retep Realty Trust on his property. On November 18, 2005, the Planning Board Administrator Leslie Dorr sent a letter to Silva Engineering asking what actions will be taken to remedy the issues regarding Mr. Lally's property as well as the mistakes made in constructing the drainage berm. The letter stated, as you are aware. There was also discussion about the drainage system and whether it was working properly. You mentioned at that meeting that Mr. Arruda admitted to you that he made a mistake and should have dug down deeper than the grade on Mr. Dumaroski's side of the berm and fill it with proper material. You also indicated that as a fix for that, Mr. Arruda was going to cut a trench on the pond side of the berm and install a miller barrier, under the direction of a town official. To date, the Board has not been made aware that work was. Please advise as to the status of the drainage completion. On December 29, 2005, Highway Superintendent Andy Bagas recommended not releasing the bond money on the project. On December 29, 2005, Retep Realty trust sent a letter to the Planning Board complaining about the behavior and statements of the Planning Board Chairman Stephen Elliott. On December 30, 2005, the As-Built drainage plan for Whispering Wood is drawn. 2006 On January 9, 2006, a letter was sent to the Planning Board from the abutters. The letter requested documented evidence that post-construction runoff was 90% of preconstruction pursuant to Bridgewater subdivision rules and regulations. The abutters also requested the Planning Board deny the release of the contractor's

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performance bond. On February 21, 2006, Highway Superintendent Andy Bagas sent correspondence to the Board of Selectmen Chairman Dennis Gallagher recommending that the town should not accept Whispering wood as a public way. On April 6, 2006, Planning Board Chairman Stephen Elliott sent a letter to Retep Realty Trust informing them that the Planning Board has denied their request for street acceptance. In June 14, 2006, Highway Superintendent Andy Bagas sent an e-mail to Building Department Administrator Leslie Dorr requesting that the Planning Board hold a bond of $10,000 for the detention basin at Whispering Wood. On June 30, 2006, a letter was sent to Antone DaSilva from Senator Kennedy's office. The letter indicated that the Senator's office has spoken with Town Administrator Paul Sullivan and Mr. Sullivan would be contacting him. On July 3, 2006, a letter was sent to Antone DaSilva from Town Administrator Paul Sullivan. The letter stated that the Planning Board is an autonomous board and not under the control of the Board of Selectmen. On July 17, 2006, Mr. Earl Washington of National Grid sent an e-mail. The e-mail stated that he has spoken with Building Department Administrator Leslie Dorr. She stated that she and the Planning Board Chairman Stephen Elliott walked the property and that there are no drainage issues. On November 27, 2006, Mr. Ed Lally sent a letter to the Planning Board Chairman Stephen Elliott. The letter requested reimbursement for the landscaping Mr. Lally had to perform on his property and to the runoff from Whispering Wood. On November 30, 2006, National Grid sent a letter to the Planning Board Chairman Stephen Elliott. The letter was sent as a follow-up to the June 12, 2003 letter reaffirming that they do not want the storm water runoff on their property. 2007 On March 3, 2007, the Planning Board held a meeting. Mr. Cloutier of Retep

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Realty Trust said Selectman Kravitz had intervened and told him that he would contact National Grid. However, Mr. Kravitz is in Arizona, so he doesn't have a status at this time. Mr. Iafrate felt if everyone could get together during a rain event, immediately everyone would know what is going on and problem could be solved. He said he was there on Friday during the rainstorm and he saw exactly where the problem was, but for him to try and explain is difficult; really have to see it. He said the detention basin works as designed; the water flows into the overflow and then it just goes like a river right into that easement for National Grid; it is what the water does after it gets in that easement that has become the problem. It is supposed to flow all the way down until it hits Lady Slipper Rd before it gets there; it takes a right hand turn and slams against Mr. DaSilva’s property. He felt it would only take a bit of grading there to keep the water on that pathway to get to Lady Slipper Road and find the pipe, going under the road and problem solved. On March 19, 2007, The Planning Board held a meeting. The Board discussed Whispering Woods with Mr. Peter Dubee who was present and Mr.Antone DaSilva of Lady Slipper Lane. There still has not been a meeting with National Grid to try to work out a way to control the water which Mr. Iafrate described as rushing out onto the National Grid land when he was out there on March 2, 2007. Mr. DaSilva said he had video footage of that occasion and invited the Board members who had not seen it (Mr. Elliott had seen it) to come out to his house and look at the video on his computer. Mr. Elliott said that it's his impression that there are still problems and that water seemed to go through the berm onto Mr. Dumaroski's land in the summer when it was not frozen, and when it was frozen to go from the trench onto National Grid land as it did on March 2. He said he would not vote to recommend putting the street on the warrant for Spring Town Meeting acceptance with the matter unresolved because it would amount to sloughing the problem off onto the Town. After some discussion of timing and deadlines for the Town Meeting Warrant, the Board voted to table the matter to April 2, 2007 at 6:30 p.m. to see if there has been progress with National Grid and a proposed solution. April 2, 2007, the Planning Board held a meeting. The Board voted unanimously to deny street acceptance of Whispering Wood. On April 5, 2007, the planning Board sent a letter to Retep Realty trust denying

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their street acceptance request. The reasoning was concerns regarding the functionality of the drainage basin. On April 28, 2007, The Developer Fran Cloutier is elected to the Planning Board. 2008 On February 10 2008, the Planning Board received a letter from Henry Dumaroski requesting that the planning Board deny street acceptance of Whispering Wood. He stated no work has been done to rectify the outstanding issues. On April 7, 2008 the Planning Board held a meeting. Mr. Iafrate addressed the people who were present to discuss Whispering Woods. He said there will be no discussion this evening as he felt it was feudal and there were too many other things on the agenda; there are some issues and the Board will try to resolve them at the meeting. Mr. DaSilva said these are not small issues; he has video that he can show the Board. There was a woman present who said that she has a foot of water in her yard that rotted out her pool and she had to have French drains put in. Mr.Iafrate cut off discussion until Friday. On April 11, 2008, Highway Superintendent Andy Bagas sent a letter to Planning Board Chairman Robert Iafarate. Mr. Bagas stated that he and Azu Etoniru inspected the subdivision as well as the drainage basin and found no outstanding issues. On April 14, 2008, Mr. John Hickey Inspector sent a letter to the planning Board Chairman Robert Iafarate. Mr. Hickey stated he inspected the subdivision as well as the drainage basin and in his opinion the system is functioning as designed. On April 16, 2008, the Planning Board received a letter from E.T. Engineering. Mr. Azu Etoniru confirmed his inspection with Mr. Andy Bagas of the Whispering Wood subdivision. Mr. Etoniru concurred with Mr. Bagas’s assessment that the system functions as designed and that there are no outstanding issues. On April 17, 2008, the Board of Selectmen received a letter from Julie Sergio of Cherry St expressing her concerns and frustrations regarding the impact to her property from the Whispering Wood subdivision.

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On April 22, 2008, the Board of Selectmen received a letter from National Grid. National Grid expressed their concerns regarding storm water runoff onto their easement. They attached a letter from the engineering consultant ERM. The letter from ERM indicated they saw issues regarding storm water controls as well as expressed their concern that the wetlands protection act may have been violated. On April 22, 2008, the Board of Selectmen voted to deny street acceptance of Whispering Wood. Board of Selectmen Chairman Mark Oliari called the project a major problem that needed to be rectified. Vice Chairman Herb Lemon called the project a disgrace. On April 29, 2008, the Planning Board sent correspondence to the Town Administrator Paul Sullivan indicating that they didn't have a quorum to vote whether or not to accept Whispering Wood. On May 7, 2008, the Planning Board held a meeting. Highway Superintendent Andy Bagas states the drainage system is functioning as designed. John Hickey Inspector states the system is functioning as designed. Azu Etoniru states the system is functioning as designed. Mr. Iafrate said he had spoken with Joe Tallanan at National Grid about this. Mr. Tallanan told him that he had looked at this a couple of times and personally had no problem with it. National Grid was discussed with the Board of Selectmen during their public hearing and a letter was received from them (Elizabeth Fresolone) with a copy sent to this board. Mr. Iafrate, for the record, will not be voting on any recommendation this Board may make. The Planning Board voted to approve street acceptance of Whispering Wood. On May 12, 2008, the Planning Board sent correspondence the Town Administrator Paul Sullivan stating they unanimously voted on May 7, 2008 to accept Whispering Wood as a public way. On October 7, 2008, ET engineering sent a letter to Liz Frezzalone of National Grid. The letter stated that the drainage basin functions properly and meets all the requirements of Bridgewater subdivision rules and regulations. The letter also states that post-construction runoff does not exceed pre-construction runoff. On October 28, 2008, the Board of Selectmen voted two to two to put Whispering Wood on the fall town meeting warrant for street acceptance. Selectman Demos and Selectmen Gallagher voted against street acceptance. Selectmen Flynn and

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Selectmen Kravitz voted to accept. The Bridgewater Subdivision Rules and Regulations Specifically states that street acceptance can only take place at the annual Spring Town Meeting. 2009 On April 14, 2009, Highway Superintendent Andy Bagas sent a letter to the Planning Board. He indicated that he performed an inspection of the Whispering Wood subdivision drainage basin and found it to be functioning properly. He also recommended the release of a bond to the developer. On April 21, 2009, Liz Fresolone of National Grid sent a letter to the chairman of the Board of Selectmen Herb Lemon. In her letter, she reiterated National Grid's concerns regarding storm water runoff onto their property. She also reminded the Board that National Grid has been sending letters and correspondence regarding this matter since 2003. She also referenced their engineering consultant ERM’s concerns regarding the functionality of the system. April 21, 2009, the Board of Selectmen voted to deny street acceptance of Whispering Wood. The majority of the members of the Board of Selectmen call the project an absolute mess. Selectmen Stanley Kravitz was the lone dissenting vote. He stated numerous times that the street should be put on the town meeting warrant for the people to decide. On April 24, 2009, the Planning Board held a meeting. The Board did not have a quorum to discuss Whispering Wood. Planning Board Chairman Robert Iafarate read his letter into the record. It has come to my attention that allegations have been publicly made stating that the Planning Board has not addressed the concerns of the neighbors of this subdivision. In all actuality, the exact opposite has happened. Both this current board and previous boards, have worked diligently to address and find solutions to the problems that have been associated with this project The drainage design (as we all know) had been revised on several occasions. During the construction of the roadway and the drainage system we experienced 2 or 3 major rainstorm events. These events were 50 and 25-year storm events. Due to the fact that construction was not complete and the magnitude of these events, there were negative impacts to several of the abutters. Corrections were proposed, accepted by this Board and then implemented. Complaints for neighbors were heard on numerous occasions. On all occasions, members of this Board and prior Boards, along with other town officials found

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solutions. Recommendations on how to correct pre-existing problems were also offered. During the past 12 to 15 months, the drainage system has matured and has been fully vegetated and the system as a whole was functioning as designed. Until recently, the only outstanding problem was the overflow of excess unabsorbed water onto the electrical easement. It is now my understanding that this flow is less than it was before the subdivision was built. I have asked Mr. Bagas (Highway Superintendent), Mr.Etoniru (Bridgewater's review engineer), Mr. Hickey (Bridgewater's subdivision inspector) and Mr. Silva (the projects design engineer) to inspect the complete drainage system for functionality. I offer this statement, for the record, in an effort to dispel what I view as an unfounded attack of this Board, not to act properly and equitably on this matter. In June 23, 2009, the EPA sent a letter to Henry Dumaroski and Antone DaSilva. In that letter the EPA confirmed that their inspector found evidence of storm water runoff from the development into the pond. The letter also stated that the developer never requested or filed the necessary permits with the EPA. On October 30, 2009 Denny Dart of the EPA sent and email to Board of Health member Brian Penney verifying Mr. Dumaroski’s pond as a U.S. waterway fed by a naturally occurring spring. On November 13, 2009, Antone Dasilva sent an email to Board of Health member Brian Penney and copied the Board of Selectmen, Board of Health, Town Administrator, and Conservation Commission. Mr. Dasilva indicated that he contacted the Conservation Commission as recommended by Mr. Penney and was told no file existed. He also stated the Conservation clerk Laurie Keane informed him that Mr. Penney, Conservation Agent Azu Etoniru and Conservation Chairman Dick Monteith performed a site walk at Whispering Wood. He also requested the Board of Health take action regarding the issues with the drainage system and the fact that it is located only 44 feet from the pond. On November 13, 2009, Board of Selectmen Chairman Chris Flynn responded to Mr. Dasilva’s email. He stated that he couldn’t understand how Conservation doesn’t have a file. He explained that he would contact the Board of Health and the Conservation Chairman Dick Monteith to get answers. On November 16, 2009, Conservation Clerk Laurie Keane emailed the Board of Selectmen. She explained that the subdivision plan did not indicate any wetlands on site. She also spoke with Larry Silva of Silva Engineering to get an explanation. She stated he told her there were no wetlands on site.

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On November 16, 2009, Conservation Agent Azu Etoniru emailed the Board of Selectmen. Mr. Etoniru explained the scope of authority of the Conservation Commission and stated Mr. Dumaroski’s pond is not within the 100 ft buffer zone. On November 18, 2009, Antone Dasilva attends the Board of Health meeting. Mr. Dasilva expressed his numerous questions to the Board regarding Whispering Wood. The Board told Mr. Dasilva that they would be discussing all the issues he raised at their joint meeting with the Board of Selectmen on November 19, 2009. On November 19, 2009, The Board of Selectmen held a joint meeting with the Board of Health. Representatives of the Planning Board, Silva Engineering, National Grid and the Developer were present for the meeting. Residents of the neighborhood and abutters were also present for the meeting. The Conservation Commission did not have any representation at the meeting. Planning Board Chairman Tom Pratti indicated that the Planning Board changed their position on whispering woods in spring 2008, due to the fact that the vegetation matured on the property thereby reducing run off. Abutter Antone Dasilva showed pictures of water flowing over the drainage system in 2006. He indicated the drainage system was finished in December 2005. Mr. Pratti said vegetation has fixed the drainage problem. Mr. Dasilva asked Mr. Pratti if he was talking about the grass growing in. Mr. Pratti said yes. Mr. Dasilva showed pictures of the grass grown in back in 2005. Mr. Pratti agrees that there were significant problems back then. However, he feels there is no impact now due to the grass growing in. Larry Silva of Silva Engineering explained that at the outset of this project, he had Dr. Walter Hewitson walk the site to identify wetlands. He explained that Dr. Hewitson found no wetlands. Mr. Silva also explained that the original plans had not been adhered to. Mr. Silva demonstrated on site maps what the original site plan looked like in 2002. A 4 lot sub-division no wetlands on site, drainage to originally be where lot 1 is currently located. He explained that the developer in 2003 removed all of the trees and took out all the gravel. The developer did not put up any protection or silt fences thereby causing damage to Mr. Lalli’s property and impacting Mr. Dumaroski’s ponds. Mr. Silva said the Planning Board instructed the developer to secure an easement from Mr. Dumaroski, in order to place a berm for the drainage system. He explained the drainage system was not complete until 2005 and did not operate correctly until the vegetation matured. He also indicated the drainage system is operating exactly the way it was designed to

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operate. The drainage system is designed to overflow onto the National Grids easement. He also stated the berm was not installed with proper material and he made the contractor go back and install an impervious liner. Mr. Silva said the real problem is Mr. Dumaroski’s ponds are manmade. The ponds are consistently at an artificially high level, which causes drainage issues. His recommendation is the ponds need to be engineered to drain properly. Selectman Chris Flynn asked Mr. Silva if the system operates correctly. Does it flood Mr. Dumaroski’s ponds? Mr. Silva said that is correct. Mr. Silva indicated the ponds may have been fine before whispering woods and now might possibly receive all the drainage from whispering woods. Mr. Silva stated he believes the problems with drainage could be alleviated if the ponds were properly engineered to throttle the water out of the ponds during heavy rain events. Mr. Demos asked Mr. Silva is there a way to fix this problem to prevent any liability for the town. Mr. Silva said the Planning Board has created liability for the town by requiring the developer to design the system this way. Board of Health member Brian Penney asked Mr. Silva if removing the recharge system and installing a drainage pipe on national grid would solve the problem. Mr. Silva said he contends that the problem is the lack of outflow from Mr. Dumaroski’s ponds. He stated that throttling the water further down into Beaver Brook could create issues with the abutters on Lady Slippers Road. Board of Health member Dr. Colon asked if we were having hydraulic breakout potentially impacting Mr. Dumaroski’s ponds. Mr. Silva said that is correct. Water always flows in a down gradient direction and Mr. Dumaroski’s ponds are down gradient from the recharge system. Larry Silva said BRS was doing work without any protection for the abutters property. He said he was appalled at the fact that Mr. Lalli’s property was damaged and Mr. Dumaroski’s fish were killed in his ponds. However, that was a long time ago. Mr. Penney asked Mr. Silva if the ponds should have been protected by the wetlands protection act and had a 100 foot buffer. Mr. Silva said he has no comment on the wet lands.

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On November 21, 2009, Board of Health member Brian Penney responded to Antone Dasilva’s November 13, 2009, email. Mr. Penney stated he doesn’t understand how Conservation doesn’t have a file. Planning Board Chairman Tom Pratti as well as the project engineer Larry Silva stated during the joint meeting of the Board of Health and Board of Selectmen on November 19, 2009, that they sent them numerous plans and documents. He also stated that he never performed a site walk with the Conservation Agent and the Conservation Chairman. Mr. Penney confirmed that he received an email from Denny Dart of the EPA verifying the pond as a U.S. waterway. Mr. Penney assured Mr. Dasilva that he would pursue a solution to the ongoing complaints. 2010 On March 20, 2010, Board of Health member Brian Penney, Selectmen Joe Silva, Selectman Mike Demos, Developer Peter Dubee, resident Craig Thayer, and resident Joe Brand met at the Whispering Wood subdivision to discuss the recent storm event. They all walked the property to view the impacts of the storm. After walking the property and discussing the project, it was decided by all present that Selectman Joe Silva and Board of Health member Brian Penney would put together a report on the Whispering Wood project. Once the report is complete, it will be provided to the residents and the abutters for their review. On March 20, 2010, Board of Selectmen member Mike Demos sent an email to Town Manager Troy Clarkson. Selectman Demos updated Mr. Clarkson on the results of the site walk. He explained to him the Selectman Joe Silva and Board of Health member Brian Penney would be providing a report regarding the project. On March 24, 2010, abutter Antone Dasilva sent an email to Board of Health member Sandra Wright asking the following questions. 1) On what date was the vote taken in order to provide Mr. Kravitz with the full powers and latitude of the BOH? 2) Who were the the Board members at the time of the vote? 3) Was there any extreme circumstance at that time that would warrant such a transfer of Power away from the BOH?

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4) Could you provide me with the official minutes of the meeting in which this vote took place? On April 7, 2010, abutter Antone Dasilva sent an email to Board of Health member Sandra Wright asking for answers to his questions from his March 24, 2010 email. On April 7, 2010, Board of Health member Sandra Wright responded to Antone Dasilva’s emails Mrs. Wright provided the following responses 1) I Would guess that it happened the day he was hired as Agent. Again, myself and the board members are looking for his contract but, it was years before I came on Board. 2) The town report would list the members at that time. 3) I have no way of knowing. 4) If there was a vote, I would not have any way of knowing without the recorded minutes. Again, the records, minutes would have to be reviewed. It surely would have been long before my time as the elected official. On April 13, 2010, Board of Health member Brian Penney emailed Selectmen Joe Silva. He asked Selectman Silva if he received a determination of applicability from Conservation. He also informed Selectman Silva that he spoke with Liz Fresolone of National Grid. They are standing by their original position which is they are being impacted by the Whispering Wood subdivision. On April 13, 2010, Selectman Joe Silva responded to Brian Penney’s email. He stated there was never a request for determination of applicability. On April 13, 2010, Board of Health member Brian Penney emailed Selectmen Joe Silva. He indicated that he spoke with Health Agent Doug Sime and was told that Azu made the determination that the pond was man-made and was not covered as a resource area. He stated that is in line with what Conservation Chairman Dick Monteith had said to him in the past. If that is the case, there must be some supporting documents that can be given to them. On April 13, 2010, Selectman Silva responds to Brian Penney’s email. Selectman Silva stated it was his understanding that Azu Etoniru’s statement that the pond

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was manmade was just that a verbal statement and that there was nothing filed. They also informed him there is no documentation. On April 15, 2010, Board of Health Chairman Brian Penney emailed Selectman Joe Silva Mr. Penney stated I am confused how Azu can make that statement without any supporting documentation to back it up. In light of the fact that the abutters have been complaining about these issues for years it would have been prudent to support those kind of statements with documentation. In order to address this particular issue, I would recommend that Conservation do a determination of Applicability in regard to Mr. Dumaroski's pond. On April 16, 2010, Board of Health Chairman Brian Penney emailed Selectman Joe Silva Mr. Penney stated, In light of the fact that Azu is both the Conservation Agent and paid engineering consultant for the Planning Board, I would like to know why he never identified this pond as a resource area if he has no documentation to support his claim that the pond is man-made thereby, not protected. I cannot understand why this issue wasn't resolved before the project was allowed to proceed. Con-Com was well aware of this pond and the potential impacts any development would have on the pond. To that end, I would suggest at the bare minimum we should ask Con-Com for a determination of Applicability. I also spoke with Ed Burke and Tena Davies at DEP regarding the definition of a pond and whether it being man-made or not has any relevance. Please read the definition below taken from MA Regulation 310 CMR 10.04 and you can see it appears to be a protectable resource. Pond (inland) means any open body of fresh water with a surface area observed or recorded within the last ten years of at least 10,000 square feet. Ponds may be either naturally occurring or man-made by impoundment, excavation, or otherwise. Ponds shall contain standing water except for periods of extended drought. Periods of extended drought for purposes of 310 CMR 10.00 shall be those periods, in those specifically identified geographic locations, determined to be at the "Advisory" or more severe drought level by the Massachusetts Drought Management Task Force, as established by the Executive Office of Environmental Affairs and the Massachusetts Emergency Management Agency in 2001, in accordance with the Massachusetts Drought Management Plan (MDMP).

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Notwithstanding the above, the following man-made bodies of open water shall not be considered ponds: (a) basins or lagoons which are part of wastewater treatment plants; (b) swimming pools or other impervious man-made basins; and (c) individual gravel pits or quarries excavated from upland areas unless inactive for five or more consecutive years. On May 7, 2010, Board of Health Chairman Brian Penney sent an email to Selectman Joe Silva. He asked Selectman Silva if he had requested that the Conservation Commission perform a Determination of Applicability. On May 7, 2010, Selectman Joe Silva responded to Brian Penney’s email. He stated he spoke with Conservation Clerk Laurie Keane. She informed him that she would contact Brian Penney regarding the Determination of Applicability. On May 12, 2010, The Conservation Commission sent a letter to Board of Health Chairman Brian Penney in response to Selectman Joe Silva’s request for a Determination of Applicability. Commission members said Mr. Dumaroski would have to file since he is the owner of the property. A surveyed plan drawn to scale must accompany the application. The plan must be prepared by a licensed professional land surveyor or registered professional engineer. The filing fee for a RDA is $300.00 payable to the Town of Bridgewater. The filing fee for an ANRAD is linear feet of delineation x $2.00 not to exceed $2000. The state fee is 1/2 of the total fee less $12.50. The Town share is 1/2 of the total fee + $12.50. Mr. Dumaroski can decide whether he would like to file an RDA or ANRAD. On June 1, 2010, Board of Health Chairman Brian Penney sent and email to the Conservation Commission in response to their May 12, 2010 letter. Mr. Penney stated there have been numerous complaints and newspaper articles chronicling the abutters concerns to Whispering Woods, as well as the potential deficiencies regarding the location and operation of the drainage system for this development. As a result of these concerns, Selectman Silva and I were charged with reviewing the files and trying to bring this situation to a mutually agreeable resolution to all parties involved. Your clerk stated Con-Com does not have a file and no Wetlands exist in that area. Mr. Monteith, Mr. Sime, and Mr. Etoniru have

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all stated that Mr. Dumaroski’s pond was man-made and thereby not covered as a protectable resource. How can your Conservation Agent, your Chairman, and one of your Commissioners make such statements when no file exists and no Determination of Applicability has ever been done by Con-Com? Mr. Penney questioned the Commission’s response and continued treatment of Mr. Dumaroski. Mr. Dumaroski is 87 years old with limited financial means and has lived in town for 60 years. He also stated the local Con-Com bylaw, as well as the Wetlands Protection Act, clearly states that the burden of proof that a potential work area has no impact is on the developer not on an abutter. Mr. Penney referenced the attached document from Denny Dart of the EPA verifying Mr. Dumaroski’s pond as a U. S. Waterway. He also questioned the dual role of the Conservation Agent in also serving as the Planning Board’s paid engineering consultant. He expressed that it may create a situation that doesn’t allow him to be objective. On July 6, 2010, Conservation Agent Azu Etoniru sent a response to Board of Health Chairman Brian Penney’s June 1, 2010 email. Mr. Etoniru stated, neither the BCC nor its agent has disputed the existence of Mr. Dumaroski’s pond. The issue has always been this: Whispering Woods subdivision does not fall within the jurisdiction of the BCC! The BCC’s regulatory jurisdiction is defined by a linear distance between a project limit and a resource. On July 8, 2010, Board of Health Chairman Brian Penney responded to Azu Etoniru’s email. Mr. Penney stated the only question that needs to be answered by the Conservation Commission is “Why wasn’t the pond indentified as a resource area?” Mr. Penney disputed the statements that the Conservation Commission has never denied the existence of Mr. Dumaroski’s pond. He also disputed the statement that the pond is beyond the acceptable distance for a resource area. He stated the pond is in fact 44 feet away from the drainage basin.

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On July 16, 2010, Board of Health member Sandra Wright sent a letter to Antone Dasilva. Mrs. Wright stated this letter is to inform you that during my time serving on the Bridgewater Board of Health, starting from April 2004 until October 2009 at no such time has Whispering Woods been on any agenda or discussed. On July 28, 2010, The Board of Health voted to request a review by the Inspector General as well as the Ethics Commission of the Whispering Wood subdivision. Potential Violations The questions that continually have been asked are as follows. Could you address the following potential violations? Chapter 131: INLAND FISHERIES AND GAME AND OTHER NATURAL RESOURCES Section 40: Removal, fill, dredging or altering of land bordering waters. Section 42: Protection of fish in inland waters; pollution; alteration of flows or water levels; application of section; damages. 310 CMR 10.00: WETLANDS PROTECTION 314 CMR 4.00: MASSACHUSETTS SURFACE WATER QUALITY STANDARDS BRIDGEWATER WETLANDS BY LAW Bridgewater Zoning by Laws Bridgewater Subdivision Rules and Regulations Before construction, the four acre parcel of land was heavily vegetated and had a significant number of trees. The property was stripped of all vegetation and trees in violation of the original approved subdivision plan. A large hill that separated the bordering properties was also completely removed. The entire topography of the land was significantly changed and all storm water runoff was channeled to the back corner of the property where the hill used to be.

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How can all that material be removed as well as the entire topography changed and somehow you end up with less post-construction runoff versus pre-construction runoff? Why was the bond released when there were outstanding issues and the town hadn’t accepted the street as a public way? Title 5 regulations 15.104: Percolation Testing (8) Percolation tests shall not be performed in filled or disturbed ground. 15.017: Approval of Soil Evaluators Section (4),(6) 15.018: Function of Soil Evaluators Section (1),(2) 15.019: Disposal System Installer's Permit 15.020: Disposal System Construction Permits 15.021: Certificates of Compliance 15.022: Duty of Compliance How can you reperk property after all the soils have been removed? Why wasn’t new soil evaluations performed at every location after the subdivision was significantly altered? Potential Conflicts The alleged conflicts of interest that have been asserted are as follows:

Chapter 268A sections

268A:6A. Conflict of interest of public official; reporting requirement.

268A:19. Municipal employees, relatives or associates; financial interest in particular matter 268A:23. Supplemental provisions; standards of conduct. 268A:26 Penalty for violations of clause (b)(2) or (b)(4) of Section 23. In light of the ongoing accusations and accompanying documentation provided, it

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is imperative we seek an outside independent review by the Ethics Commission. The reason this is a necessary step is to protect all parties involved against any possible unsubstantiated claims as well as political influence. Closing Statements On or about spring 2003 the Whispering Wood project construction phase began. The developer and their contractor did not adhere to the approved subdivision plan. The contractor removed all the trees within the four-acre parcel. He also removed a hill that created a separation between National Grid and Mr. Dumaroski's property. The property was essentially stripped and the entire topography was changed. The contractor did not use any silt fences or hay bales to prevent runoff from the property. Due to the lack of controls, significant adverse impacts were burdened on the abutters. Mr. Dumaroski's pond was completely silted out, which destroyed the pond and killed a significant amount of fish. Mr. Lally's property was also completely silted out, causing significant damage to his landscaping on his property. Mr. DaSilva, stated his basement was being flooded due to storm water running down the National Grid easement into his basement. Mrs. Sergio claimed the storm water from Whispering Wood was flooding her back yard and destroyed her pool. However, the Planning Board allowed the project to continue without addressing the impacts on the abutters. The last construction took place on December 30, 2005, which is confirmed in the As-Built Plan. As stated by all parties involved, the only thing that has changed since 2005 is the vegetation on site has matured. There is clear indisputable facts that have been corroborated by all parties involved that this project during the construction phase has had significant adverse impacts on the abutters. To date, no remedy has been forthcoming by the proponent to rectify outstanding issues raised by the abutters. It is the position of the proponent that the permitting process has been satisfied and all work has been performed in accordance with the applicable permits. It is also the position of the proponent that the drainage basin functions as designed and the prior outstanding issues have been rectified by the growth of the vegetation on site. It is the opinion of the Board of Health, that the permitting process is incomplete and did not follow the proper protocol. A review of the permitting process and applicable documentation by the Inspector General’s office is necessary to identify

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any possible wrongdoing. There are far too many questions relating to the permitting process as well as the actions of public officials and town employees to recommend street acceptance at this time.