REGULAR MEETING MINUTES
April 17, 2007
Members Present: Dan Duffy, Jeffrey Walsh, Mark Coakley, Gigi Desautels
Members Absent: Garry Hollands, Chip Burkhardt, Charlene Franz
Others Present: See Sign-In Sheet
Recorder: Melanie Rich
7:00 p.m. - PUBLIC HEARING (continued) – Notice of Intent (Ron Aspero) – Map 38, Lot 24 Central Street (Lot 2-F)
Construct a portion of a single family dwelling, well, associated driveway and portion of driveway within the buffer zone.
Tim Paris (Connorstone Engineering) and Ron Aspero were in attendance. There was discussion that Natural Heritage requires the border to be more restrictive than Conservation requires. Signage will be posted at intervals of a minimum of 150’. D. Duffy motioned to close the Public Hearing and issue an Order of Conditions for Lot 2-F with Special Condition #30 being added that permanent markers be sufficient to delineate no disturb buffer depicted on plans and placed at each angle point and/or at a minimum of 150’ apart; J. Walsh seconded; the Commission unanimously agreed. A copy of the Order will be sent to Natural Heritage.
7:05 p.m. - PUBLIC HEARING (continued) – Notice of Intent (Ron Aspero) – 377/385 Central Street
Roadway construction for a four lot subdivision filling of 4,290 sq. ft. of wetland.
A letter was received from Natural Heritage stating that the project as currently proposed will not adversely affect the resource area habitat of the state-protected rare wildlife species. Tim Paris said that “low flow” has been changed to “no flow”. The final construction and replicating sequence will be determined in the field with the applicant at a pre-construction meeting. It is the general consensus that a closed bottom culvert will have less impact. Permanent markers be sufficient to delineate no disturb buffer depicted on plans and placed at each angle point and/or at a minimum of 150’ apart. D. Duffy motioned to close the Public Hearing; J. Walsh seconded; the Commission unanimously agreed. M. Coakley motioned to issue an Order of Conditions with
Special Conditions #36, #37, #38 and #39 being added; D. Duffy seconded; the Commission unanimously agreed.
7:05 p.m. - PUBLIC MEETING (continued) – Request for an Erosion & Sediment Control Permit (Ron Aspero) – 377 & 385 Central Street
Consider issuing permit to construct a five-lot subdivision.
J. Walsh motioned to issue Erosion & Sediment Control Permit #2007-1 for Lots 1-5 on the Subdivision Plan noting that this permit applies to the road, road-related infrastructure and each of the house lots, including the ANR lot frontage on Central Street; M. Coakley seconded; the Commission unanimously agreed.
7:30 p.m. - PUBLIC HEARING (continued) – Notice of Intent (Kalamat, LLC) – 81 Shrewsbury Street
Demolish existing house, driveway, etc., and construct a new building, parking, utilities, etc.
The applicant requested a continuance to the May 21st meeting. M. Coakley motioned to accept the request for continuance; J. Walsh seconded; the Commission unanimously agreed. They will be on the May 21, 2007 Agenda at 7:00 p.m.
7:45 p.m. - PUBLIC HEARING – Notice of Intent (David Humphrey) - 742 Main Street
Replace garage.
Tim Humphrey attended. He stated the garage will be longer and wider. They will be putting in a concrete slab foundation, which is currently stone. J. Walsh suggested the haybales be moved. New haybales were drawn on the plan. There area is already disturbed and there will be no more impact. There was no restoration listed for the disturbed area. D. Duffy motioned to close the Public Hearing; J. Walsh seconded; the Commission unanimously agreed. M. Coakley motioned to issue an Order of Conditions with Special Conditions #31 (disturbed area shall be stabilized with loam and seed), #32 (applicant shall not create additional impervious area other than what presently exists or as proposed on the plan), and #33 (haybale silt fence line on east side of the garage shall be no
greater than 20’ from the garage) being added; J. Walsh seconded; the Commission unanimously agreed.
8:00 p.m. - PUBLIC HEARING – Amended Order of Conditions DEP #115-229 - Rand Whitney – 160 Shrewsbury Street (David C. Donahue)
Proposed revisions to the building’s size, location and reconfiguration of parking and roadway layout.
In attendance were: Andrew Liston and Ken Strom (Thompson-Liston Associates), Nick Smith (Rand Whitney), Kevin Kozak (Cutler Associates), and David Donahue. Mr. Liston provided revised plans. Rand Whitney would like to modify the Order to be able to do new work and continued work under the current Order of Conditions. Robert Fuller filed suit concerning the easement. The court decision said to move the roadway out of the easement. Current activity is rock pulling. No relocation of culvert crossing previously permitted but not executed. They propose to remove rip rap, move culvert section from upstream to downstream and replicate area. In 1983, a wood turtle was spotted close to Sewall Brook (approximately 10 yards). Mr. Strom will provide the office with the letter
from Natural Heritage regarding priority habitat mapping reconsideration. The access road is different now. Mr. Donahue stated that it is in accordance with the Planning Board’s request in case of a future traffic light. Total replication would be 3,585 square feet (985 square feet previously permitted).
After discussions, the Members decided that the Order could be amended with any information requested being provided by the applicant, instead of requiring a new Notice of Intent filing.
Rand Whitney has had three preliminary hearings with the Planning Board with another to take place on Monday, April 23rd. Some of the Planning Board’s concerns included parking and drainage. Mr. Donahue agreed that he had to bring the project down to certain elevations. He is in constant contact with Arthur Allen of EcoTec (consultant contact). How much area will be altered and restored was in question. If it is over 5,000 square feet, it would require a MEPA filing. Mr. Liston said the Commission would be provided with the chronological steps along with alternative analysis. They will need to be in compliance with the new stormwater control bylaw. Retaining walls will be used where needed. Mr. Liston said they did not, but will quantify the buffer
zone. Material storage would be lumber and plywood. No maintenance will be onsite. It will be outsourced. A site visit will take place on Wednesday, May 2nd at 6:00 p.m. The applicant requested a continuance. M. Coakley motioned to accept the request for continuance; G. Desautels seconded; the Commission unanimously agreed. It will be on the May 21st Agenda at 7:30 p.m.
8:15 p.m. - COMMISSION BUSINESS
Vouchers were approved.
Review correspondence received (Thompson-Liston letter regarding Lots 1C, 2C, 3C Stiles Road asking to reconsider denial issued at the February meeting) – J. Walsh explained to Andrew Liston that he called the DEP after the March meeting. The Commission agreed that the Order expired after applicant’s extension request was received, but before the Commission met to act on the request. Because the Order expired before the meeting, the Commission could not consider nor could not issue an extension. J. Walsh will write a response to James Tetreault’s letter.
The staff’s workload and the need for additional hours were discussed. Mark will look into what funds may be available. Gigi will look into the background.
M. Coakley motioned to accept the February 13, 2007 Meeting Minutes; J. Walsh seconded; the Commission unanimously agreed. J. Walsh motioned to accept the March 19, 2007 Meeting Minutes; D. Duffy seconded; the Commission unanimously agreed. 2/26/07 Stormwater Minutes not yet approved.
Consider issuing Certificate of Compliance for Jeffrey DeCiccio & Sharon Bryant, 579 Central Street (Lot 2), DEP 115-150 – M. Coakley previously responded. The request was denied.
Consider issuing Certificate of Compliance for Pleasant Hill Farms Subdivision Lot 30R (DEP 115-250).
Consider issuing Certificate of Compliance to Ron Aspero for Lot 3 School Street (DEP #115-301) – Will be issued at the May 21st meeting.
Consider issuing Certificate of Compliance to Ron Aspero for 489 Central Street (DEP #115-306) – Permanent stabilization (vegetative cover) is needed before issuing the Certificate. Reconsider at the June meeting.
M. Coakley motioned to issue Certificates of Compliance to Ken Sydow for 24 Boulder Way (DEP #115-240); 30 Boulder Way (DEP #115-238); 32 Boulder Way (DEP #115-239); 34 Boulder Way (DEP #115-242); and 36 Boulder Way (DEP #115-237); G. Desautels seconded; the Commission unanimously agreed.
J. Walsh motioned to adjourn the meeting; D. Duffy seconded; the Commission unanimously agreed. The meeting was adjourned at 9:46 p.m.
Next Conservation Commission Regular Meeting: Monday, May 21, 2007
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