Minutes of Meeting
May 3, 2007
Present: P. Boncek, R. Willis, M. Cohen, J. Fournier, P. Murphy, A. Tolland, C. Botchis
M. Allen, Associate Member, J. Senterman, Associate Member, R. Vacca, Conservation Agent
There was a motion to accept the minutes of the meeting of April 19th with one correction.
The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No, 2 Abstentions.
Mr. Richard Vacca’s Agent Report has been appended to the minutes.
Mr. Vacca informed the Commission that the applicant has requested a deviation from the approved conditions under a Minor Buffer Zone Activity filing for 1 Miller Street which was issued for this project. The reason for this request is that 1 footing has sunk away. The applicant’s representative has requested to bring in a backhoe and excavate a 6’x6’ hole (36 sq. ft.) to determine the reason for this and to determine the soil conditions and the potential need for fill. The applicant would be requested to inform the Conservation Agent on any subsequent action if more than just filling the hole or if the excavation were to exceed 6’x6’ in size.
There was a motion to allow the applicant to bring in excavation equipment and continue to proceed with the erosion control barriers remaining in place unless it is determined that they have to exceed the 6’x6’ hole in size. The motion was seconded and accepted with a vote of
6-1-0.
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 an updated restoration plan of the site for the Commission’s review. This plan depicted a notation with respect to perpetual maintenance during the planting and monitoring of the site. The herbicide allowed to be used on the site would be environmentally sensitive with 2-year monitoring.
The Commission authorized Mr. Vacca to draft an Enforcement Order to the homeowners which would be ratified by the Commission at the next Conservation meeting.
Public Hearing – Request for Determination – 9 Spring Street – Percy
Ms. Mary Percy, the applicant, and Ms. Nancy Bover, both appeared before the Commission for the relocation of an existing fence from within the bordering vegetated wetland to an area outside of the resource area (BVW).
There was a motion to open and continue the public hearing for Beaver Pond and continue it to the conclusion of this public hearing. The motion was seconded and accepted with a vote of 7-0-0.
The new fenced area is to allow for a safe area for the keeping of 12 greyhounds dogs to run freely and safely at Ms. Percy’s residence. A new chainlink fence would be used for this purpose.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to issue a Negative Determination. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – Beaver Pond – Town of Franklin – CE159-940
Mr. Ryan Jette, Recreation Director for the Town of Franklin, appeared before the Commission to request a continuance of the public hearing until May 17th. Mr. Jette informed the Commission that he has filed with Natural Heritage and has not yet received a response from them. The Commission Chairman requested that Mr. Jette submit a letter requesting this continuance for the file and Mr. Jette complied with this request.
There was a motion to continue the hearing until May 17th. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Continued - Public Hearing – Notice of Intent – Lot 13 Holly Lane – Ranieri - CE159-941
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Ms. Margaret Ranieri, the applicant, both appeared before the Commission for the construction of a single-family house. This lot is located in the Harmony Farms Subdivision and is the only remaining lot to be built. The Orders of Conditions for this project (SE159-627) expired in November 2006. The foundation hole was dug in August 2006 and the single-family house has not yet been constructed.
There is a replication area on the site adjacent to the driveway. Mr. Nielsen stated that the replication area will be planted with shrubs and seeded as well. It was required that there be a 75% vegetative cover. Ms. Judy Schmidt, the wetlands scientist for the project, would be required to review the report. Ms. Schmidt would inspect the site in the Summer and return again in the Fall.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – 16 Vine Street – Torizzo - CE159-939
Mr. Bill Halsing, Engineer of Land Planning, and Ms. Patricia Torizzon, the applicant, both appeared before the Commission for the construction of additions, porch and fence. Mr. Halsing stated that the house was constructed in 1985 or 1986.
Mr. Halsing also informed the Commission that the applicant is requesting to construct 2 additions to the house; 1 on the east side and the other addition on the west side. There is also a porch, a paved area and a walkway proposed. The applicant would like to enlarge the existing 2-car garage to accommodate 4 cars as well.
The Commission requested that Mr. Halsing revise the plans to depict a decrease in the impervious surface and infiltrate the roof run off as well.
Mr. Vacca stated that he had no technical comments for the applicant’s representative to address but suggested that the Commission conduct a site walk before closing the public hearing.
Mr. Halsing also stated that the applicant is requesting to remove a large number of 30” pine trees from the site in order to perform this work. The Commission asked how many trees would need to be cut down and the reason for this removal.
There was a motion to continue the hearing until May 17th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 7-0-0. The Commission will walk the site on Tuesday, May 15th at 6:30 p.m.
Continued - Public Hearing – Notice of Intent – Franklin Sports Mall – SE159-923
The Commission Chairman stated that a letter has been received from the applicant’s representative dated May 3rd requesting a continuance of the public hearing until June 21st.
There was a motion to continue the hearing until June 21st. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Continued - Public Hearing – Amendment Request – 438 West Central Street – Ayoub Engineering - SE159-862
The Commission Chairman stated that a letter has been received from the applicant’s representative dated April 30th requesting a continuance of the public hearing until June 21st.
There was a motion to continue the hearing until June 21st. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
GENERAL BUSINESS
Extension Permit: Marketplace at Chestnut Ridge – SE159-721
There was a discussion among Commission members regarding an Extension Request for one year for the Chestnut Ridge project on East Central Street. This extension would allow the applicant until June 27, 2008 to complete the project.
There was a motion to issue an Extension Permit for one year. The motion was seconded and accepted with a vote of 6-1-0; 6 Yes, 1 No, 0 Abstentions.
Minor Buffer Zone Activity: 27 Indian Lane
The proposed work is for the removal of 3 large trees from the backyard; i.e., 2 pine trees and 1 oak. These trees would be replaced with native species. The work would take place on previously disturbed area. The Commission requested that all of the stumps be ground.
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 7-0-0.
Signed Extension Permit & Determinations of Applicability
Extension Permit – Marketplace at Chestnut Ridge – Gracewood Dev. – SE159-721
Determination of Applicability (Negative) – 9 Spring Street - Percy
Determination of Applicability (Negative) – 27 Indian Lane – Allington
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 9:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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