Minutes of Meeting
July 31, 2008
To: Town Clerk
cc: CRWA
Members
File
Present: C. Botchis, J. Fournier, R. Willis, A. Tolland, J. Senterman, P. Murphy,
M. Allen, Associate Member, Nick Alfieri, Conservation Agent
Absent: P. Boncek
There was a motion to accept the minutes of the July 17th meeting with 2 changes. The motion was seconded and accepted with a vote of 4-0-2; 4 Yes, 0 No, 2 Abstentions.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Public Hearing – Notice of Intent – Beech St. Water Main – Town of Franklin – CE159-969
Mr. Bill Yadisernia, Town Engineer, appeared before the Commission for the installation of approximately 2,200 linear feet of water main and repaving of street. Mr. Yadisernia informed the Commission that there will be no alterations to the storm drainage systems. The street will be repaved.
Mr. Yadisernia stated that the limit of work runs from Kathleen Drive to Joseph Circle; the work will cross next to the pond on Beech Street. Approximately 400 ft. of this proposed work is within the buffer zone of the wetland resource area.
A DEP file number has been received.
Mr. Yadisernia stated that the filing includes a sedimentation control plan, an erosion control plan and a sequence of construction as well.
Mr. Yadisernia stated that the ongoing work that is currently taking place is outside of Conservation jurisdiction.
Mr. Alfieri informed the applicant that he has no comments regarding this Notice of Intent filing.
Mr. Yadisernia requested that the Orders of Conditions be issued at the next meeting.
There was a motion to continue the hearing until August 14th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 6-0-0. The Commission will walk the site on Tuesday, August 12th at 7 p.m.
Continued - Public Hearing – Notice of Intent – 30 Shady Lane – Callahan - CE159-968
Mr. Rob Truax, Engineer of GLM Engineering, and Mr. & Mrs. Callahan, the homeowners, all appeared before the Commission for the construction of an addition to existing single-family house. Mr. Truax stated that revised plans have been submitted to the Conservation Department reflecting the changes requested by the Commission at the previous meeting.
The addition size has been reduced by 3 ft. and placed outside the 50 ft. buffer zone. The stockpile will be placed in the front yard. Mr. Truax also stated that a brief alternatives analysis has been submitted which includes mitigation. The deck has been pulled back 3 ft. from the resource area.
The work proposed is located in a previously disturbed area and the site is previously disturbed. The Order of Conditions for the construction of the house was issued in 2005 and a Certificate of Compliance has been issued.
The addition is outside of the 50 ft. buffer but the deck remains inside the 50 ft. buffer zone. There will be leaching pits put in to handle the roof runoff. Crushed stone will be placed under the deck for infiltration purposes. Haybales will be put in at the edge of the existing yard area for erosion control purposes.
Mr. Alfieri informed the applicant of 3 items to be addressed in this Notice of Intent filing.
A Commission member requested that Mr. Truax give the Commission a brief summary of the alternatives analysis. It was also requested of Mr. Truax as to how this proposed addition and deck would have no significant adverse impact to the riverfront area.
A Commission member asked as to how the inner riparian zone would be improved. It was suggested that the inner riparian zone be revegetated. It was questioned by a Commission member if there is a fence at the rear of the property.
A site walk was suggested by a Commission member and he requested that the disturbed area be staked.
A Commission member stated that Shepard’s Brook is a perennial stream. He questioned as to why the Conservation Agent prefers mulch as opposed to crushed stone. Mulch retains some of the water. This Commissioner requested that permanent concrete bounds be placed and the applicant stated that they have already been placed at the time of the construction of the house behind the boulders.
Another Commission member stated that she is in favor of the placement of stone under the deck as the conditions under the deck are better for drainage with stone under it. This Commissioner also requested that a landscape proposal be noted on the plans. The stockpile area is overlapping the 100 ft. buffer zone and could the applicant push it outside of the 100 ft. buffer zone. Mr. Truax stated that it will be pushed as close to the street as possible. The Commission Chairman requested that if any of the stockpile is located inside the 100 ft. buffer zone, could they place erosion control around it.
A Commission member informed the applicant that he enforces the Riverfront Act very strictly and leans towards not being in favor of the project as he has concerns regarding the issues with this project.
There was a motion to continue the hearing until August 14th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 6-0-0. The Commission will walk the site on Tuesday, August 12th at 7:30 p.m.
Continued - Public Hearing – Regulations & Filing Changes – Conservation Commission
The Commission Chairman opened the continued hearing for the regulations and filing changes.
Mr. Alfieri recommended to the Commission that the hearing be continued until after the Town Council acts on Bylaw 4-15 and it is passed.
There was a motion to continue the hearing until August 14th. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Amendment Request to Orders of Conditions - 438 West Central St. - Ayoub Engineering – SE159-862
The Commission Chairman opened the public hearing and stated that a letter dated July 29th has been received from the applicant’s representative requesting a continuance of the public hearing until August 28th.
There was a motion to continue the public hearing until August 28th. The motion was seconded and accepted with a vote of 4-0-2; 4 Yes, 0 No, 2 Abstentions.
GENERAL BUSINESS
Enforcement: A-1 Paving – 30 Jackson Circle
Mr. Alfieri informed the Commission that he has spoken with a representative of A-1 Paving and requested that they appear at tonight’s meeting. They did not appear at tonight’s meeting as was requested by the Commission. A letter has previously been issued by the Conservation Agent requesting that they appear before the Commission to discuss the matter.
There was a motion to issue an Enforcement Order for A-1 Paving with fines calculated based on the day that the violation was reported and continuing until the day that the Agent determined that the area was cleaned up. The motion was seconded and accepted with a vote of 5-1-0; 5 Yes, 1 No, 0 Abstentions.
Enforcement: 301 Union Street – Union Square Landings LLC
Mr. Alfieri informed the Commission that Mr. Mike Perrault send photos and a letter showing the results of the cleanup on the site. Mr. Alfieri requested that a Notice of Intent be filed for this work.
Enforcement: Lincoln Street – Koshivas
Mr. Alfieri informed the Commission that calls were received in the Conservation Department that trees were being cut and animals were being kept in or near the wetlands.
The Commission requested that the landowner give the Commission a timeframe before the next Conservation meeting as to what their schedule is and whether or not they are ceasing work and how they will proceed from there. The schedule will be approved by the Commission at the next meeting. The Commission wants the landowner to stop all work. The Commission requested that the landowner file a Notice of Intent for this.
There was a motion to issue a Cease and Desist Order for the Koshivas property at 887 Lincoln Street. The motion was seconded and accepted with a vote of 5-1-0; 5 Yes, 1 No, 0 Abstentions.
Minor Buffer Zone Activity: 1 Peters Lane
The applicant has requested the cutting and trimming of trees. The trees that were cut were out of Conservation jurisdiction; only the trees that were pruned. There were branches that were hanging over the roof of the house.
There was a motion to issue a Negative Determination with 2 Standard Conditions. The motion was seconded and accepted with a vote of 6-0-0.
Minor Buffer Zone Activity: 85 Chestnut Street
The applicant has requested the replacement of a deck to be constructed on concrete piers. The proposed deck will be located 40 feet from the wetlands. The applicant has removed a stonewall that was falling down.
There was a motion to issue a Negative Determination with 2 Standard Conditions. The motion was seconded and accepted with a vote of 6-0-0.
Minor Buffer Zone Activity: Lot 4A A Street Extension
The applicant has requested a proposed area of disturbance of approximately 300 sq. ft. for parking area for a duplex house. The wetlands are located across the street from the house and 90-100 ft. away from the disturbance.
There was a motion to issue a Negative Determination with 3 Standard Conditions. The motion was seconded and accepted with a vote of 6-0-0.
Certificate of Compliance: 20 Grove Street - SE159-811
There was a discussion among the Commission regarding the issuance of a Certificate of Compliance for this property. Mr. Alfieri stated that the site is in substantial compliance and recommended the issuance of the Certificate of Compliance.
There was a motion to issue a Certificate of Compliance for 20 Grove Street. The motion was seconded and accepted with a vote of 6-0-0.
Certificate of Compliance: Kensington Estates - Off Beech Street - SE159-752
There was a discussion among the Commission regarding the issuance of a Certificate of Compliance for this property. Mr. Alfieri informed the Commission that the work on the site had never started on the preexisting Orders of Conditions.
There was a motion to issue a Certificate of Compliance for Kensington Estates since the project has never been started. The motion was seconded and accepted with a vote of
6-0-0.
Signed Certificates of Compliance & Determinations of Applicability
Certificate of Compliance – 20 Grove Street – Ungala Realty Trust - SE159-811
Certificate of Compliance – Off Beech Street – Kensington Realty Trust – SE159-752
Determination of Applicability (Negative) – Lot 4A “A” St. Ext. – Antique Realty
Determination of Applicability (Negative) – 1 Peters Lane – Davis
Determination of Applicability (Negative) – 85 Chestnut Street – Falcone
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 8:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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