Members Present: Jeffrey Walsh, Joe McGrath, Mark Coakley, Charlene Franz, Chip Burkhardt
Members Absent: None
Others Present: See Sign-In Sheet
Recorder: Joe McGrath
PAULA SONNTAG – PUBLIC HEARING – Notice of Intent (495 Cross Street) Replace failed septic system and related grading within the 100’ buffer zone of a BWV.
a. Steve Sears representing D.E. Ross Associates appeared.
b. Failed septic system; received green cards.
c. On Cross Street between Adams & Ethan Allen.
d. Reviewed Site Plan, including water flow easement.
e. Will be forced main; Septic Plan approved.
f. Work will be in 100' buffer zone.
g. Will be 32' away from BVW with Tanks; 60' from Leach Field.
h. Joe made a motion to close the Public Hearing; Mark seconded; unanimous approval.
i. Mark - motion to issue standard OC; Chip seconded; unanimous approval.
j. Reviewed Project for compliance with Town Stormwater By-law; not applicable.
FINN, STEPHEN – PUBLIC MEETING – Request for Determination of Applicability (40 Oak Hill Lane) Construct an in-ground pool.
a. Stephen Finn and Lori Finn attended.
b. Work was to Install Pool in backyard.
c. Reviewed Site Plan and Diagram for Pool.
d. Discussed moving pool slightly to leave 50' no-build zone between pool and wetland, to which
the applicant agreed.
e. Discussed erosion control measures, but Jeff felt it would not be required.
f. Motion to close Public Meeting by Chip, seconded by Charlene; unanimous approval
g. Motion to issue Negative Determination, Reason # 3, by Mark, with two conditions: no build
within 50' of edge of resource area, and no pool water discharge to the resource area; Joe
seconded; unanimous approval.
JAMES VENINCASA – Compass Pointe Discussion
a. James Venincasa, Cheryl Morrill appeared before the Commission to discuss the bond for the
development project.
b. Jeff Walsh recused himself from discussion.
c. The Commission reviewed various letters from Graves and Ms. Morrill concerning the bond.
d. Ms. Morrill felt that our original quote was "ridiculous" and in violation of the by-law; second
estimate still "ridiculous", and that Graves Cost Estimate was inaccurate.
e. Chip asked them to explain how they arrived at their numbers. Indicated that our estimate was
prepared by a professional engineer.
f. Mark felt that their claim that much of the site was re-covered was not correct.
g. Jim questioned if the road would have to be restored to bare land if the project was halted.
h. Ms. Morrill still felt that the estimate was too high.
i. Ms. Morrill denied that she was incorrect with her claims on vegetation and that her estimates
were given correctly given in her letters received. She felt that the Commission thought she
had no integrity, which the Commission did not imply.
j. Jim indicated that he felt that Mike Andrade was a competent engineer, but that certain
conditions might have been included in error.
k. Ms. Morrill indicated that the Commission's imposition of such a high bond was a personal
vendetta against Mr. Venincasa.
l. Ms. Morrill indicated if the Commission did not lower the bond, that they would file a court
motion as that was their only recourse according to the by-law.
m. The Commission discussed the possibility of Mr. Venincasa phasing the project such that the
risk could be limited in order to lower the bond amount, and that the Building Inspector and the
Commission's engineer verify that any open work would be within an acceptable risk window.
n. Ms. Morrill indicated that she and Mr. Venincasa would contact Town Counsel and Mike
Andrade to determine the wording of the surety bond, such that a sliding scale of risk would
be acceptable to the town.
o. The Commission indicated that the engineering review account would require a minimum
balance of $5,200, and that the maintenance covenant would be acceptable.
p. No abutters or other parties spoke to the matter.
ROBERT FULLER – Fuller Motor Homes Enforcement Order Response & discussion concerning Dave Donahue/Rand Whitney property.
a. Rob Fuller, Sherry Fuller, and Joe Leone, their attorney, attended.
b. First discussed site clearing up at 150 Shrewsbury Street, and that debris had been placed on
the rear parking lot behind the motor home dealership.
c. The trees have been ground up according to USDA requirements; most of the material has
been removed, and the rest will be removed shortly.
d. Some soil at 150 Shrewsbury Street was placed in the back parking lot until it could be
re-positioned. Soil and trees were removed from the Island directly in front of the dealership.
e. Jeff explained our jurisdictional concerns, and that our main concern is the open soil on the
rear parking lot, and the clearing on the island in the front.
f. Per Mr. Fuller, all the dirt has been removed from Parcel C.
g. Mr. Leone felt that the Commission had not enforced its order as related to the work by
Rand-Whitney on the access road and adjoining property owned by the Fuller's. Additional
grading is required to eliminate runoff onto the Fuller Property.
h. Mr. Fuller has pending legal action against Mr. Donahue regarding work not performed on the
property he deeded to the Fuller's.
i. Jeff explained the jurisdictional issues relating to the Riverfront area.
j. The Commission advised the Fullers to file a Notice of Intent, or abbreviated Notice of Intent,
for the work on the island at the front of the property. No work can be done without a valid
permit.
k. Discussed Rand-Whitney project and impact on adjacent area.
l. Mr. Fuller indicated that the culvert under the access road may be undersized.
m. Jeff then explained that the lot closer to Rte 290 was jurisdictional based on the Town
Stormwater By-law. The Fuller's have only removed trees so far. They were advised to file for
a Stormwater permit. Jeff also felt that there may be an area on the lot that is jurisdictional
under the Wetlands Protection Act.
n. Joe McGrath made a motion to ratify the Enforcement Order issued June 2, 2010; Chip
seconded; approved unanimously.
COMMISSION BUSINESS
Vouchers were approved.
Meeting Minutes – The approval of the minutes as carried over to the next meeting, dated May 18, 2010, seconded by, and approved unanimously. The Commission's administrator will be consulted for a possible correction.
Correspondence was reviewed.
Ratify the Enforcement Order issued to Fuller Motor Homes on June 2, 2010 – Completed.
The next regular meeting will be scheduled for Monday July, 26, 2010.
A motion was made by Mark for Jeff to continue as Chairman for another year, which was seconded by Charlene and approved unanimously.
A motion was made by Jeff for Mark to continue as Vice-Chairman for another year, which was seconded by Chip and approved unanimously.
Meeting adjourned at 9:55 p.m. by unanimous vote.
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