Minutes of Meeting
August 2, 2007
Present: R. Willis, C. Botchis, A. Tolland, M. Cohen, J. Fournier, J. Senterman, Associate
Member, M. Allen. Associate Member, Nick Alfieri, Acting Conservation Agent
Absent: P. Boncek, P. Murphy
There was a motion to accept the minutes of the July 12th meeting. The motion was seconded and accepted with a vote of 5-0-0.
Elections
There was a motion to nominate Ray Willis for Chairman. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion to nominate Chris Botchis for Vice Chairman. The motion was seconded and accepted with a vote of 5-0-0.
Public Hearing - Notice of Intent – Garelick Farms – 1153 West Central Street – CE159-
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Rink Wheeler, a representative of Garelick Farms, both appeared before the Commission for the remediation of the stream channel at the Garelick Farms property.
Mr. Nielsen informed the Commission that the applicant is seeking to remedy the clogging of the culvert which runs beneath the building. The applicant is seeking approval to rectify this problem and for some stream remediation and enhancement of the culvert to eliminate the blockages that have created this problem.
Mr. Nielsen stated that Garelick Farms will enhance the channel on the site and plant shrubs around the embankment for wildlife habitat purposes. They will also provide drainage improvements and the runoff from the front parking lot will be treated before it runs into the stream. The catch basins along the stream will be provided with hoods for stormwater management purposes. There is discharge that runs beneath West Central Street where there is a choking of the channel. There is a fence in that location that was installed by Mass. Highway and this fence collects debris and causes the stream to back up. The applicant will provide grading at this fence to allow for the clean flow of water without collecting leaves and debris.
Mr. Nielsen stated that this channel has filled in with sediment and checkdams should be installed to correct this problem as it further contributes to the flooding problem at the site.
There was a motion to continue the hearing until August 16th 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, August 7th at 6:30 p.m.
Public Hearing – Request for Determination – Mass. Highway – Rte. I-495 Southbound
Mr. Tom McGuire, District Environmental Engineer for District 5, Mass. Highway, appeared before the Commission for the resurfacing and rehabilitation of Rte. I-495 Southbound. Mr. McGuire stated that this hearing is the third Request for Determination resubmittal for the work which runs from Franklin to Mansfield.
This project is exempt from notification of abutters due to the extremely large area which it emcompasses. The northbound section has been completed entirely. The work on the southbound has been ongoing for over a year. The resurfacing will be done with 6 inches of blacktop.
Mr. McGuire stated that haybales have been installed for erosion control purposes where work will be conducted in the resource area on the site.
The work to be conducted will take two more seasons and Mr. McGuire is requesting one additional Negative Determination from the Commission. The Commission members expressed their approval of the project as a whole.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion to issue a Negative Determination. The motion was seconded and accepted with a vote of 5-0-0.
Enforcement – 3 Mount Street – McCormick
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Attorney Neil Roche, representing Stanley Adelstein , the owner of the property, appeared before the Commission on an Enforcement matter for the unauthorized vegetation clearing within the buffer zone resource area. Attorney Roche informed the Commission that Mr. Adelstein did not receive the Violation Notice until a week ago and that is why he did not appear at the last Conservation meeting on July 12th.
Mr. Nielsen informed the Commission that the tenant cleared the land around the pond, which Mr. Nielsen made the claim that the pond is manmade with a concrete bottom, which was to be used as a swimming pool. The brush around it became overgrown over the years and the applicant cut it down in order to enhance the property. There are wetlands around this pond with hydric soils present. Some brush was cut in the wetland area with a couple of trees being cut down as well.
Attorney Roche stated that the applicant will cease all work on the site and file a Notice of Intent in order to resolve these issues. Attorney Roche also requested that the Commission withdraw the fines of $8,575.00 without prejudice. He informed the Commission that if this is not done at tonight’s meeting, he will have to file for a hearing with Wrentham District Court.
There was a motion to withdraw the fines without prejudice. The motion was seconded and accepted with a vote of 3-2-0; 3 Yes, 2 No, 0 Abstentions.
The Commission requested that a Notice of Intent be filed for the September 20th meeting.
GENERAL BUSINESS
Extension Permit: Spruce Pond Aquatic Vegetation Management - SE159-853
The applicant has requested a three-year extension to the Orders of Conditions for the continued management of the aquatic vegetation in Spruce Pond.
There was a motion to extend the Orders of Conditions for three years. The motion was seconded and accepted with a vote of 5-0-0.
Permit Decision: 16 Vine Street – CE159-939
There was a discussion among the 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 3 Special Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Permit Decision: Eaton Place – CE159-942
There was a discussion among the Commission members regarding the issuance of State Orders of Conditions for this project. The Commission members stated that the 7-8 ft.
fence along the guardrail that was requested at the site walk had not been noted on the plans and it was noted on the plans at tonight’s meeting.
There was a motion to issue State Orders of Conditions with 1 Special Condition. The motion was seconded and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Minor Buffer Zone Activity: 18 King Philip Road
The applicant has requested the installation of a patio with hot tub. The project would have less than 500 sq. ft. of disturbance. The construction will take place on a flat area. The stockpiled loam will be located outside of Conservation jurisdiction.
There was a motion to issue a Negative Determination with 3 Special Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Minor Buffer Zone Activity: 19 Echo Bridge Road
The applicant has requested the replacement of an old deck with a new deck. The proposed work will take place outside the 100 ft. buffer zone.
The Chairman informed the applicant that the Commission does not have jurisdiction over this work as it would take place more than 100 ft. from the wetlands.
There was a motion to withdraw the Minor Buffer Zone Activity application without prejudice for 19 Echo Bridge Road as the work is not in our jurisdiction. The motion was seconded and accepted with a vote of 5-0-0.
Comments
A Commission member inquired of the other members if anyone was interested in conducting a site walk of the DelCarte property. The consensus was that they would walk the site sometime in August.
Signed Orders of Conditions, Extension Permit & Determinations of Applicability
Extension Permit – Spruce Pond – Spruce Pond Village – SE159-853
Orders of Conditions – Eaton Place – Off Panther Way – CE159-942
Orders of Conditions – 16 Vine Street – Torizzo – CE159-939
Determination of Applicability (Negative) – 18 King Philip Road – Coullard
Determination of Applicability (Negative) – Rte. 495 Southbound – Mass. Highway
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 8:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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