Minutes of Meeting
December 20, 2007
Present: R. Willis, C. Botchis, J. Fournier, P. Murphy, J. Senterman, M. Allen, Associate Member, Nick Alfieri, Conservation Agent
Absent: P. Boncek, A. Tolland
There was a motion to accept the minutes of the December 6th meeting with one change. The motion was seconded and accepted with a vote of 5-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
153 Pine Street
Mr. Alfieri informed the Commission that the house at 153 Pine Street (Lot 4) is for sale. The driveway for this house runs through an easement on Lot 8. In the Orders of Conditions, it is stated that the driveway must be paved and a pipe must be installed under it. The lawyer for the homeowner stated that the driveway had been paved for Lot 4&5. The driveway on Lot 8 is not paved and this is where the pipe is supposed to be placed. The closing for Lot 4 is Friday, December 21st.
Mr. John McEloney, the realtor for the property, appeared before the Commission and stated that he had a plot plan of the site depicting a gravel driveway.
Mr. Alfieri informed the Commission that some funds could be set aside at the closing until the work gets done in the spring. The homeowner wants to sell the house and rectify this problem.
Mr. McEloney inquired of the Commission if it is possible for a gravel driveway entering the property. Mr. Alfieri stated that the applicant is still required to obtain a Certificate of Compliance, which they will not be able to receive until Spring 2008. The question is what is required of the applicant regarding the driveway in order to get this Certificate of Compliance; is the applicant required to pave the driveway. Mr. Alfieri recommended to the Commission that the applicant request to the Commission to amend the Orders of Conditions to state that the driveway be gravel. The investigation must be based on the requirements of the Orders of Conditions.
Mr. Alfieri recommended to the Commission that the applicant apply for an Amendment to the Orders of Conditions to request not to pave a portion of the driveway on Lot 8 and to reflect the fact that the driveway will remain gravel and the concrete pipe will be installed. The Commission could subsequently issue the Certificate of Compliance when the pipe is replaced.
The Chairman informed Mr. McEloney that the applicant should appear before the Commission as soon as possible. In the spring, the applicant would be able to replace the pipe and the Commission could issue the Certificate of Compliance.
Continued – Public Hearing – Notice of Intent – Lot 1 Marine Way - Boudreau – CE159-956
The Commission Chairman stated that a letter has been received from the applicant’s engineer dated December 20th requesting a continuance of the public hearing until January 3rd.
There was a motion to continue the hearing until January 3rd. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Lot 2 Marine Way – Boudreau – CE159-957
The Commission Chairman stated that a letter has been received from the applicant’s engineer dated December 20th requesting a continuance of the public hearing until January 3rd.
There was a motion to continue the hearing until January 3rd. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Lot 3 Marine Way – Boudreau – CE159-958
The Commission Chairman stated that a letter has been received from the applicant’s engineer dated December 20th requesting a continuance of the public hearing until January 3rd.
There was a motion to continue the hearing until January 3rd. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Daniels Street Water Line – Town of Franklin - CE159-954
Mr. Bill Yadisernia, Town Engineer, appeared before the Commission for the installation of 3,800 linear feet of water main, house services and storm drain improvements. Mr. Yadisernia informed the Commission that the proposed work will be 4,000 ft. in length, a portion of which is two sections of buffer zone on Daniels Street. There is also a storm drain system, which is significant to the drainage outfalls. Mr. Yadisernia met with Mr. Alfieri on the site to discuss any concerns.
Mr. Yadisernia expressed concerns regarding the drainage outfall monitoring issues as being part of the Orders of Condition as a special condition. The Commission Chairman informed Mr. Yadisernia that the Orders of Conditions will be tailored for the project. The intent of this would be that if there was dewatering to occur and discharge was to be sent to a drainage system, there would be controls or monitoring to be sure that no sediment will be stirred up in the catch basin itself and being directed to a resource area.
Mr. Alfieri stated that this is a road project; i.e., a linear project and there would be places that would be downgradient from the location of the wetlands. Work could therefore proceed if there was no erosion control placed in the area outside of Conservation jurisdiction. If something was to happen regarding erosion, it would not impact an area of Conservation jurisdiction.
A discussion ensued among Commission members regarding Special Condition #55 and the TSS removal at the outfall and modifying the language to be applicable to this project to ensure that the proposed drainage outfall is functioning correctly and will be monitored after the project has been completed.
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 State and Local Orders of Conditions with a note regarding the change to Special Condition #55. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Map 292, Parcel 2 Spring Street – Maggiore - CE159-951
Mr. Mike Simmons, Engineer of Guerriere & Halnon, appeared before the Commission for roadway improvements. Mr. Simmons stated that late in the day of the meeting, his firm received a copy of the comments on this project from LEC consultants with plan review.
Mr. Simmons informed the Commission that Guerriere & Halnon has reviewed the comments and does not foresee any problems with being able to comply with them.
Mr. Alfieri informed the Commission that LEC pointed out a few items where the Commission could ask for more detail.
The Commission Chairman noted that there was no one in the audience who had any issues regarding this project.
Mr. Simmons stated that Guerriere & Halnon will need some time to address these comments and requested that the hearing be continued until January 17th so that they have sufficient time.
There was a motion to continue the hearing until the January 17th meeting. The motion was seconded and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Permit Decision: 104 Populatic Street - CE159-953
There was a discussion among the Commission members regarding the issuance of Orders of Conditions for this project.
There was a motion to issue Standard State and Local Orders of Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Signed Orders of Conditions
Orders of Conditions - 104 Populatic Street – LeBlanc - CE159-953
Orders of Conditions – Daniels Street Water Line – Town of Franklin – CE159-954
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 8:35 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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