Minutes of Meeting
January 4, 2007
Present: P. Boncek, R. Willis, M. Cohen, P. Murphy, C. Botchis, J. Fournier, Richard Vacca,
Conservation Agent
Absent: B. Mitchell
There was a motion to accept the minutes of the meeting of December 14th. The motion was seconded and accepted with a vote of 6-0-0.
Mr. Richard Vacca’s Agent Report has been appended to the minutes.
There was a motion to authorize the Chairman to sign the bond reduction letter for Oak Hill Village. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion for the Commission to pass on the opportunity to purchase the parcel at Lot 5 Maple Street. The motion was seconded and accepted with a vote of 6-0-0.
Enforcement
Ms. Hanh Le, homeowner of 367 Summer Street, appeared before the Commission on an Enforcement matter for the unauthorized filling in the resource area at 367 Summer Street. Mr. Vacca presented the Commission with photographs of the site in the Agent’s Report.
Mr. Vacca stated that the homeowner built an earthen berm in the wetland and along the driveway which must be removed.
Ms. Le informed the Commission that she has spoken to Mr. Donald Nielsen of Guerriere & Halnon to explore different options for restoration of her property. Mr. Vacca does not recommend that the Commission issue an Enforcement Order or fines at this time. Mr. Vacca informed Ms. Le that she should appear at the next Conservation meeting on January 25th with Mr. Nielsen to discuss some of the options for the restoration plan and to decide which plan would work the best for this site.
Ms. Le stated that there is water flowing across the driveway and creating a dangerous condition and this is the reason that she built this berm on her property. Mr. Vacca stated that the Town cannot do anything to rectify this situation and the burden is on the homeowner. Ms. Le stated that the entire driveway becomes a sheet of ice in the winter. Mr. Vacca informed Ms. Le that she should not do any work on her property until this Enforcement matter has been resolved.
The Commission Chairman informed Ms. Le that she should appear at the next Conservation Commission meeting on January 25th and have Mr. Nielsen contact Mr. Vacca to discuss this restoration plan.
Public Hearing – Notice of Intent – 3 Peppermill Lane – Todesca – 159-932
Mr. Bill Halsing, Engineer of Land Planning, and Mr. & Mrs. Joseph Todesca, the applicants, all appeared before the Commission for the construction of an addition to existing single-family house. Mr. Halsing informed the Commission that the wetlands have been delineated. The proposed addition would be located at the back of the house in the location of the existing deck. The size of the addition will be 13’x18’ long with stairs.
The closest point of the addition to the edge of the wetlands would be approximately 77 ft. The edge of the disturbance would be 62 ft. away from the wetlands. The compost sock will be installed for erosion control purposes. The addition will be placed on a full foundation.
Mr. Vacca informed the applicant of 3 items which need to be addressed in this Notice of Intent filing.
There was a motion to continue the hearing until January 25th. The motion was seconded and accepted with a vote of 6-0-0.
Public Hearing – Notice of Intent – Pleasant Street – Town of Franklin - 159-933
Mr. Ray Willis, a Conservation Commission member, recused himself from the public hearing due to a conflict of interest as the Town of Franklin is a client of his employer.
Mr. Bill Yadisernia, Town Engineer, appeared before the Commission for the replacement of a culvert on Pleasant Street. Mr. Yadisernia stated that this is an after-the-fact Notice of Intent which was requested by the Conservation Commission at a previous meeting.
Mr. Yadisernia stated that this work has already been undertaken on an emergency basis and the work is now completed. The existing culverts were able to be saved and thereby avoided further disturbance to the wetland.
The previous culvert had collapsed and the stream flow has been improved. The water has dropped 12”-18” and there is still water ponding there. The Commission Chairman stated that this issue will be addressed in the dam proposal for the DelCarte property.
Mr. Vacca inquired of Mr. Yadisernia as to whether a stone swale has been put in to direct the water from the street down to the stream. Mr. Yadisernia stated that the water is flowing upgradient towards Miller Street and the DPW is working towards correcting this situation to the satisfaction of the Commission.
Mr. Vacca informed the Commission that there still needs to be a solution to the stormwater and he will draft a letter to the DPW.
Mr. Vacca recommended to the Commission that the slope be maintained in its temporary condition until such time as the Town Engineer, Conservation Staff and the Commission come to a resolution and it has been addressed.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Continued - Public Hearing – Notice of Intent - 31 Opal Circle – South Hill Estates - 159-929
The Commission Chairman stated that a letter has been received from the applicant’s representative dated January 4, 2007 requesting a continuance of the public hearing until January 25th.
There was a motion to continue the hearing until January 25th. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – 3 Peters Lane – Dolan – 159-931
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. John Dolan, the applicant, both appeared before the Commission to extend, level and regrade the rear yard by removing 14 trees, adding loam and installation of a new swing set, shed and patio.
The Commission Chairman read a letter from Donald Nielsen stating the reason why the 14 trees should be cut and removed from the site. This letter has been added to the file. The reasons for
this is to provide a safe, level area for children and their parents to enjoy their rear yard; no activity is being proposed in the 25 ft. buffer zone. Five trees closest to the rear of the house are creating a mold issue; 3 of the trees are diseased with falling limbs, and could create excessive shade as well as safety issues.
There will be no adverse effects with the alteration of the 25-50 ft. buffer zone. The planting of the additional Eastern Hemlock and Swamp Azaleas will provide additional habitat to the resource area.
Mr. Nielsen stated that there have been no changes made to the plan. A small backhoe will be brought in for the cutting of the trees on the site. The three trees closest to the edge of the resource area could be welled. A Commission member informed Mr. Nielsen that the least number of trees that could be cut would be the best for the site and as many trees as possible should be saved. The stumps on the site will be buried. There will be 4 ft. of fill brought in for the proposed play area.
A Commission member stated that he has concerns regarding the further incursion in the buffer zone resource area beyond what has been previously disturbed and the number of trees proposed to be cut.
Mr. Vacca informed the Commission members and the applicant’s engineer of 2 items of concern regarding this Notice of Intent and these are listed in the Agent’s Report.
Mr. Vacca does not see this proposed work as being in compliance with the recent DEP regulation changes. These regulations allow for work within the 50 ft. buffer zone but only for necessity; i.e., stormwater management structures but not to convert buffer zone into backyard.
Mr. Vacca also stated that he only recommends that trees be cut if they are in danger of falling on the house but any cutting beyond the 50 ft. buffer zone is not justifiable even if these trees are diseased. These trees should only be cut if they pose a serious health and safety risk.
Another Commission member stated that he only sees the trees near the house being necessary to remove because of the impact to the house but any tree cutting taking place between the 25-50 ft. zone is not necessary.
The Commission Chairman informed Mr. Nielsen that the Commission would not look favorably on revised plans going beyond the 50 ft. buffer zone.
Mr. Nielsen informed the Commission that the applicant would like to continue the public hearing.
There was a motion to continue the hearing until January 25th. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Amendment Request to Orders of Conditions – 438 West Central Street - 159-862
The Commission Chairman stated that a letter has been received from the applicant’s representative dated January 2, 2007 requesting a continuance of the public hearing until January 25th.
There was a motion to continue the hearing until January 25th. The motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activity: 9 Haverstock Road
The applicant requested the construction of a 3-season sunroom with 3 new footings with stairs. The impact to the buffer zone resource area would be 6-8 ft. of disturbance.
There was a motion to issue a Negative Determination with the 3 Special Conditions listed in the Agent’s Report. The motion was seconded and accepted with a vote of 6-0-0.
Signed Extension Permit, Determination of Applicability & Certificates of Compliance
Extension Permit – Franklin Place – Off Uncas Avenue – Walsh Bros. – SE159-813
Determination of Applicability (Negative) – 9 Haverstock Road - Cooper
Certificate of Compliance – 10 Chilmark Road – Caswell – SE159-167
Certificate of Compliance – 573 Pleasant Street – Fournier – SE159-891
Certificate of Compliance – Vendetti Motors – 411 West Central Street – SE159-826
Certificate of Compliance – 472 Maple Street – Grillo – SE159-909
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 8:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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