Minutes of Meeting
April 19, 2007
Present: R. Willis, M. Cohen, J. Fournier, P. Murphy, A. Tolland
J. Senterman, Associate Member, R. Vacca, Conservation Agent
Absent: P. Boncek, C. Botchis
There was a motion to accept the minutes of the meeting of April 5th with two corrections. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Mr. Richard Vacca’s Agent Report has been appended to the minutes.
Enforcement – 15 Mount Street - McCarty
Ms. Aimee Viens, Environmental Scientist of Pare Corporation, and Mr. & Mrs. Gerard McCarty of 15 Mount Street, the applicants, all appeared before the Commission on an Enforcement matter regarding the unauthorized vegetation clearing of riverfront area.
Ms. Viens submitted a restoration plan of the site for the Commission’s review and stated that she has delineated the bordering vegetated wetlands on the site. There is a stream crossing the alteration area and there were trees and shrubs cut on the site by the applicant.
Ms. Viens informed the Commission that the applicant will replicate the area that was cut with the same diameter trees that were there previously. Ms. Viens presented the Commission with a
restoration plan of almost 200 plants; approximately 147 shrubs and 45 trees. There are 18-24 inch shrubs and 6 ft. trees being proposed in this replication plan. The topography of the site is a slope from the house down to the BVW.
Ms. Viens stated that the replication and the plantings will be monitored during the first and second growing season and be replaced if they do not survive the first growing season. A report to this effect will be submitted to the Conservation Commission. The plantings will be put in within the 200 ft. riverfront zone.
There was a motion to open and continue the public hearing scheduled for 7:45 p.m. until the conclusion of this public hearing. The motion was seconded and accepted with a vote of 5-0-0.
Mr. Vacca agreed with Ms. Viens’ assessment and proposal for the replication of the site and recommended that the homeowner be required to file a Notice of Intent when ready to tackle the invasive species and, at that time, the Commission would have an opportunity to impose some perpetual special conditions in the Order of Conditions. Mr. Vacca also requested that Ms. Viens put a planting schedule notation on the plan and the time of year that this would be performed.
There was a motion to continue the hearing until May 3rd so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 5-0-0. The Commission will walk the site on Tuesday, April 24th, at 6:30 p.m.
Public Hearing – Notice of Intent – Lot 13 Holly Lane – Ranieri - CE159-941
Ms. Margaret Ranieri, the applicant, and Mr. Donald Nielsen, Engineer of Guerriere & Halnon, both appeared before the Commission for the construction of a single-family house. Mr. Nielsen informed the Commission that Lot 13 Holly Lane is a portion of the Orders of Conditions for the Harmony Farms Subdivision (SE159-627) which expired in November 2006.
This hearing is a new Notice of Intent and Mr. Nielsen stated that he is presenting the same plan as was previously presented in March 2006. This plan has not been revised and the sewer and water lines have been installed as well as the foundation. The haybales have also been installed.
Mr. Nielsen also informed the Commission that this project falls under the jurisdiction of the Natural Heritage program and an application has been submitted three weeks ago and he has not yet had a response.
Mr. Vacca informed the Commission that he has recently conducted a field visit of the site and it is currently in a stable condition. There are some degraded areas of the erosion control but no evidence of material being released into the resource area.
Mr. Vacca also stated that he inspected the replication area which is part of the Harmony Farms subdivision as well and this needs some attention. It appeared that some of the topography was a little high and may not be functioning as it should be and this matter should be addressed in the Orders of Conditions when they are issued for this project.
There was a motion to continue the hearing until May 3rd so that the Commission may conduct a site walk to inspect the replication area and to allow sufficient time to receive a response from Natural Heritage. The motion was seconded and accepted with a vote of 5-0-0. The Commission will walk the site on Tuesday, April 24th at 7 p.m.
Continued - Public Hearing – Notice of Intent – Beaver Pond – Town of Franklin – CE159-940
The Commission Chairman stated that a letter has been received by the applicant dated April 19th requesting a continuance of the public hearing until May 3rd so that Natural Heritage may have an opportunity to respond to this application.
There was a motion to continue the hearing until May 3rd. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
GENERAL BUSINESS
Permit Decision: Lot 4-7 Penny Lane - CE159-934
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 single family home conditions with the added language that the siltation barrier is either the filter mitt or other applicable erosion control device stated on the plan. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Minor Buffer Zone Activity: 16 Hemlock Lane
The proposed work is for the removal of 3 trees from the backyard. The work would take place on previously disturbed area.
There was a motion to issue a Negative Determination with the 4 special conditions as stated by the Conservation Agent. The motion was seconded and accepted with a vote of 5-0-0.
Minor Buffer Zone Activity: 17 Edwards Street
The proposed work is for the installation of a handicap ramp. The work would take place
inside the 200 ft. outer riparian zone. The existing deck will be removed and replaced with a new deck as well as a handicap ramp.
There was a motion to issue a Negative Determination with the 3 special conditions as stated by the Conservation Agent. The motion was seconded and accepted with a vote of 5-0-0.
Signed Order of Conditions & Determinations of Applicability
Order of Conditions – Lot 4-7 Penny Lane – Coras – CE159-934
Determination of Applicability (Negative) – 16 Hemlock Lane – Shaw
Determination of Applicability (Negative) – 17 Edwards Street - Xayaveth
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 8:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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