Minutes of Meeting
February 15, 2007
Present: P. Boncek, R. Willis, J. Fournier, P. Murphy, C. Botchis, Richard Vacca,
Conservation Agent
Absent: M. Cohen, B. Mitchell
Mr. Richard Vacca’s Agent Report has been appended to the minutes.
Enforcement
Ms. Hanh Le, homeowner of 367 Summer Street, and Mr. Donald Nielsen, Engineer of Guerriere & Halnon, both appeared before the Commission on an Enforcement matter for unauthorized filling in the resource area at 367 Summer Street.
Mr. Nielsen presented the Commission members with a revised plan for review based on water flowing from a wetland that crosses the driveway of 367 Summer Street. During this process, Ms. Le installed an earthen berm to control this flow but this is temporary.
Mr. Nielsen proposed that in order to correct this problem, about 6 inches from the edge of the driveway, he would install concrete curbing that will provide an edge to create a depression. A pipe will be installed underneath the driveway to create a slope towards the wetland with riprap. There is a 6 ft. distance between the driveway and property line. Haybales will be installed along the edge of the driveway for erosion control purposes.
Mr. Vacca informed Mr. Nielsen that he would like to have erosion control installed around the pad and the plans revised to remove one item which is not pertinent to this site.
Mr. Vacca will issue an Enforcement Order to the applicant. At the next meeting, the Commission will look at the revised plans and give the applicant authorization to proceed with this restoration work under the Enforcement Order.
Mr. Nielsen will be submit a revised plan to Mr. Vacca before the next Conservation meeting with a reference regarding diverting the flow of water and this will be referenced in the Enforcement Order.
Public Hearing – Request for Determination – Roadside Spraying of Herbicides – Town of Franklin
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. Ken Torosian of Chem-Pest and representing the Town of Franklin, appeared before the Commission for a roadside herbicide spraying program. He presented a new 5-year plan for 2007-2011, in addition to the first one-year plan.
Mr. Vacca informed the Commission that this plan is the same as the previous plan approved by the Commission with one minor change. Mr. Torosian informed the Commission that this change is that the buffer for the private wells will be 100 ft. rather than 50 ft. These wells have been marked on the roadside maps. There have been no subdivisions added since the last 5-year plan as there have been no new ones accepted by the Town.
The spraying is performed by two parties; the DPW and Chem-Pest, Mr. Torosian’s company.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
There was a motion to issue a Negative Determination with the condition that the work be undertaken in accordance with the plan presented. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Continued - Public Hearing – Notice of Intent – 3 Peters Lane – Dolan – 159-931
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. & Mrs. John Dolan, the applicants, all appeared before the Commission to extend, level and regrade the rear yard by removing 14 trees, adding loam and installation of new swing set, shed and patio.
Mr. Nielsen presented revised plans to the Commission to depict the 25-50 ft. buffer zone and the grading and sloping in that area. A retaining wall has been added along the righthand side of the property. Mr. Nielsen has requested that the applicant be allowed to remove 4 trees between the 25 & 50 ft. buffer zone.
There would be a disturbance of 639 sq. ft. in the 25-50 ft. buffer and 1400 sq. ft. in the 50-100 ft. buffer zone. The number of trees being cut has been reduced from 8-9 to 4 trees and the total disturbance is less than half from the original plan. The stumps would be removed and buried.
The Commission does not look favorably at the cutting of these trees. Mr. Dolan stated that some of the trees that he is requesting to take down are diseased.
Mr. Vacca recommended that the trees to be cut within the resource area be replaced to equal the DBH as these trees serve a function within the ecosystem.
The Commission requested that Mr. Nielsen meet with Mr. Vacca at the site and determine where the applicant should plant trees in the resource area and depict these on the plan.
There was a motion to continue the hearing until March 1st. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – 31 Opal Circle – South Hill Estates - 159-929
The Commission Chairman stated that a letter dated February 15th has been received from the applicant’s representative requesting to withdraw the Notice of Intent without prejudice. The wetland line has been redelineated and the work will be undertaken outside of the 100 ft. buffer zone to the wetlands on the site. This letter has been added to the file.
Continued - Public Hearing – Amendment Request to Orders of Conditions – 438 West Central Street – SE159-862
The Commission Chairman stated that a letter has been received from the applicant dated February 13th requesting a continuance of the public hearing until March 1st.
There was a motion to continue the hearing until March 1st. The motion was seconded and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Permit Decision: 3 Peppermill Lane - 159-932
There was a discussion among Commission members regarding the issuance of Orders of Conditions for this project.
There was a motion to issue State and Local Orders of Conditions with standard small project conditions. The motion was seconded and accepted with a vote of 5-0-0.
Signed Orders of Conditions & Determination of Applicability
Orders of Conditions – 3 Peppermill Lane – Todesca – 159-932
Determination of Applicability (Negative) – Roadside Spraying of Herbicides – Town of Franklin
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 8:15 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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