Members Present: Jeffrey Walsh, Chip Burkhardt, Charlene Franz, Mark Coakley
Members Absent: Joe McGrath
Others Present: See Sign-In Sheet
Recorder: Melanie Rich
James Ricciardi – INFORMAL DISCUSSION – Status update on Enforcement Order issued March 8, 2011 – Mr. Ricciardi was present and stated that he is under a written agreement with Bethlehem Bible Church to purchase his property. The gravel ramp has been constructed on the lot. Felled tree removal should be completed by mid-August. Scott Goddard, wetland scientist and representative for the church, later attended and reaffirmed that the church is under agreement with Mr. Ricciardi. Mr. Goddard will finish the wetland delineation. He will file a Notice of Intent solely to deal with the Enforcement Order. There is no intent to build on the lot. The Commission would prefer Mr. Goddard file as soon as possible. He said he will try to file for the
August meeting.
COMMISSION BUSINESS
Vouchers were approved.
A motion was made by Chip Burkhardt to approve the Meeting Minutes dated June 20, 2011. The motion was seconded by Jeff Walsh and approved unanimously.
Sewall Brook Damming Complaints – Several residents were present to discuss the issue. Joe McGrath was contacted by Don Hoffses. Mr. Hoffses is concerned because he lives in the flood zone and stated that the water was rising when it should have been going down. He thought it was from beaver activity, but found that it had been dammed up with stone. Mr. Hoffses spoke with the Buxtons (who dammed up the pond) and explained the situation. The water eventually started going down. The police visited Mr. Hoffses because of a complaint received that he destroyed the dam. Photos are on file with the police department. Jeff Walsh explained that any work that impacts a resource area is the jurisdiction of the Commission and that residents cannot fill, dredge or alter any
wetland without a permit. He further explained to those present the process they need to follow (NOI filing, abutter notification, advertising, and public hearing). Mr. Hoffses and the others were told to contact the office should it happen again.
John Roy Letter of June 23, 2011 requesting return of Tahanto Building Project Peer Review Funds – Jeff Walsh recused himself from the matter. The need for future peer review was discussed and the ability for the school to acquire funds if the money is returned. Chip made a motion to approve refunding the money pending a conversation with John Roy to discuss the options; Mark seconded; all agreed. Chip will contact Mr. Roy.
Consider issuing a Certificate of Compliance for DEP 115-325 (Ken Sydow, 36 Boulder Way) – Mark made a motion to issue a complete certification for DEP #115-325; Charlene seconded; all agreed.
An email was received from William Maher (Nitsch Engineering) asking “If the school wanted to do an irrigation system for the athletic fields, would we have to file a new NOI, amend the existing Orders or could we do an RDA? The work would be contained within the site as it is right now and not outside the erosion control barrier and we would connect to Town Water. I have also asked DCR for their thoughts with regards to the variance permit.” After a brief discussion it was determined that nothing is needed from the Conservation Commission. Jeff made a motion that the request for the Tahanto irrigation system is not detrimental to any resource area and does not substantially change the approved plan; Chip seconded; all agreed.
As a follow-up to last month’s Stiles Crossing reporting, Chip said he visited the site and observed a sizeable stockpile adjacent to the temporary basin, and a smaller stockpile elsewhere on the site; both with no erosion control measures. Jeff said that a Partial Certificate of Compliance for the Erosion & Sediment Control Permit was issued, along with Complete Certification for the wetlands portion of the project. There are three lots that are not covered under the Certificates of Compliance; two lots (Lot 19R and Lot 25R) are owned by Signature Homes, and Lot 15 is owned by Tina Bilazarian (Melanie will confirm owner of record with the Assessor’s Office). A letter will be written and sent to Signature Homes by certified mail informing them they are still subject to the permit
and they need to install erosion control provisions now. If no activity has been taken on site to resolve the erosion control measures within two weeks, enforcement action will begin. A courtesy letter will be sent by certified mail to Tina Bilazarian informing her of the activity the Commission has taken. To be included with both letters will be a copy of the original Permit and Partial Certificate of Compliance that was issued. Chip will follow-up with the letter. The Building Inspector will be copied on all correspondence.
Reorganization of the Commission went as follows: Mark Coakley motioned to nominate Chip Burkhardt as Chairman; Charlene Franz seconded; all agreed. Jeff Walsh motioned to nominate Mark Coakley as Vice Chairman, Chip Burkhardt seconded; all agreed.
Jeff informed the Members that an Earth Removal Permit was issued to Bob Clark, Nicholas Avenue, to remove approximately 13,000 cubic yards of fill. There is a certified vernal pool, but work is to stay 100’ away from it. Quinn Engineering prepared the plan.
A motion was made by Mark to adjourn, seconded by Charlene, and approved unanimously (8:00 p.m.).
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