Minutes of Meeting
December 4, 2008
To: Town Clerk
cc: CRWA
Members
File
Present: C. Botchis, R. Willis, A. Tolland, J. Senterman, P. Murphy, N Alfieri, Conservation
Agent
Absent: J. Fournier, P. Boncek, M. Allen, Associate Member
There was a motion to accept the minutes of the November 13th meeting with a few corrections. 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.
Mr. Alfieri informed the Commission that he has drafted a letter for the Commission’s review and vote on the Open Space and Recreation Plan. There was a motion to approve the Open Space and Recreation Plan. The motion was seconded and accepted with a vote of 5-0-0.
Enforcement – World Granite & Marble – 15 Grove Street
Mr. John Neto, a representative of World Granite & Marble, appeared before the Commission on an Enforcement matter regarding the issue of a hose coming out from the side of the building and discharging dirty water into the buffer zone and the inner riparian zone as well. Mr. Alfieri informed the Commission that the DEP has been aware of this matter since October 30th.
Mr. Neto informed the Commission that that pump was broken and is currently being repaired. The area is currently being cleaned up and a spare pump will be kept on the site.
Mr. Neto inquired of the Commission members if he is still required to pay the $75.00 fine which was issued by Mr. Alfieri even though the area has been cleaned up. The Commission members stated that he must still pay the 1-day fine of $75.00
Continued - Public Hearing – Notice of Intent – 416 Maple Street – Spears – CE159-978
Mr. Greg Bunavicz, Engineer of Borderland Engineering, and Mr. Donald Spears, the applicant, both appeared before the Commission for the construction of an addition to existing single-family house. Mr. Bunavicz informed the Commission that the existing house is located approximately 30 ft. from the edge of the wetland buffer zone at its closest point.
The proposed addition is 16’x20’ in size with a 8’x16’ deck. The deck is proposed to be built on pier footings. The 25 ft. buffer zone line runs through the addition.
The revisions to the plan show a tree to be removed in the front yard. Concrete bounds are depicted to show the limit of disturbance for the project. All lawn clippings and yard debris will be removed from the buffer zone.
A variance request was prepared for the project with analyzed functions and characteristics included. The alternatives analysis concluded that there would be no adverse impacts to the resource area.
Mr. Alfieri stated that he has no comments at this time regarding this project.
A Commission member asked if the deck could be removed in order to get the project out of the 25 ft. no disturb zone. It was also asked if the shed on the site would be removed and the answer was that it would be completely removed.
Another question from the Commission was is the grass swale to be maintained as yard. The response was in the affirmative because of the soil type. Also, what will be done with the space underneath the deck? The area will be left undisturbed.
Another Commission member inquired if the location of the bounds could be moved into the middle of the yard and also at the closest point of the addition to the haybales. A bound should be put up to decrease the chance of future homeowners from clearing and encroaching further into the buffer zone. This would result in a total of 5 bounds on the site. Also, it was asked if the Sugar Maple tree on the site could be removed from the site. Also, it was requested that the diseased tree by the headwall be removed and what could be done for mitigation?
The Commission discussed special conditions requiring that the existing vegetation line shall remain and that only organic pesticides and fertilizers should be used on the site. Also, the existing shed shall be removed from the site. The swale shall not extend into the outside of the existing vegetation limit. Only stone shall be placed under the addition. Five bounds shall be placed on the site. Organic pesticides and fertilizers shall be used on the site. A few select specimen trees should be planted to replace the ones lost. Drain spouts shall be directed upgradient on the site.
There was a motion to continue the hearing until December 18th so that the applicant may submit the revised plans. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Populatic Street Roadway – Town of Franklin - CE159-975
Mr. Bill Yadisernia, Town Engineer, appeared before the Commission for this public hearing and requested a continuance of the public hearing as he is not yet ready and still has questions to address regarding the replication area on the site as well as comments made by the Commission on the recent site walk.
There was a motion to continue the hearing until December 18th. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Lincoln Street Culvert – Town of Franklin - CE159-974
Mr. Bill Yadisernia, Town Engineer, appeared before the Commission for stormwater system repairs and improvements. Mr. Yadisernia informed the Commission members that the work for this project is nearly complete.
Mr. Yadisernia also informed the Commission that there has been a lot of effort made to take the water away from the site and put it through the sediment forebay and they have made some significant stormwater improvements. The soils on the site have been stabilized as well.
A Commission member questioned Mr. Yadisernia as to how the soils are stabilized at this time of year. Mr. Yadisernia stated that there is some soil stabilization matting that can be put down and possibly some hay and composting material as well. Some trees will be planted on the site as well. There is a tree on the site next to the sidewalk that needs to survive and be retained on the site.
The special conditions which were discussed with the applicant are that the site shall be stabilized with compost in the level wooded area.
There was a motion to close the hearing. The motion was seconded and accepted with a vote
of 5-0-0.
Continued - Public Hearing – Notice of Intent – 15 Vine Street – Minihane – CE159-971
Mr. Steve Donatelli, Engineer of Shea Engineering, and Mr. James Minihane, the applicant, both appeared before the Commission for the construction of an addition to existing single-family house, garage and driveway. Mr. Donatelli submitted an alternatives analysis, a variance request and revised plans. These documents have been added to the file.
Mr. Donatelli stated that a letter has been received dated December 1, 2008 by the applicant from the Big Apple Two Realty Trust, the abutting property owners, stating that they will not allow extension of the easement to access the southerly side of the house.
A Commission member informed the applicant of some issues from the Wetlands Protection Act, Riverfront Area Section relative to alternatives analysis and what the Commission should consider in reviewing it. It was asked of the applicant if the septic system could be moved to allow space for the addition in order to reduce the impact of the riverfront area. Mr. Donatelli stated that the cost would be prohibitive but would check into this matter.
Another Commission member stated that the applicant has appeared before the ZBA to obtain their opinion on a variance in an attempt to get the addition as far from the riverfront area as possible and this was not looked upon favorably.
Another Commission member asked if there is any particular reason why the Big Apple Trust would not allow an extension of the easement to allow for the driveway. Mr. Donatelli stated that he does not know the reason why they don’t want to give up the additional land. How can a parcel be developed and sold and not allow the future homeowner access to it in the future?
Mr. Minihane stated that the Big Apple only provided legal access to the property at the time of the sale of the house; there is no legal easement to where the homeowners currently park their cars.
Another Commission member asked the applicant some questions regarding the scope of the project and the existing septic system design on the plan. He also had some questions regarding the alternatives analysis.
Another Commission member stated that if the proposed addition was constructed on the opposite side of the house, there would be no variance required from our Bylaw.
The Commission Chairman asked the applicant if there was any consideration for the construction of the addition on the south side of the house?
The Commission requested that the applicant go back to the Big Apple Trust and tell them what is happening and ask why the easement cannot be extended.
Another Commissioner asked the applicant if there was any contractual agreement at the time the property was purchased? With the proposed driveway, the homeowner would have a legal easement on the property.
The Commission Chairman informed the applicant that there are 2 open issues outstanding on the project. One is the alternative on the south side of the property. The second issue is the cost of the septic tank plus the cost of the addition. The third is the question regarding the easement.
The Commission requested that the applicant seek an extension of the easement from the Big Apple Trust.
The applicant was informed by Commission members that he could either provide them with more information or the hearing could be closed.
Mr. Donatelli stated that he sees this proposed project as an improvement to the wetlands on the site.
Mr. Minihane stated that he will obtain some construction estimates on moving the septic system vs. a proposed addition cost and speak to Mr. Tom Morse of the Big Apple Trust regarding the matter of the easement.
There was a motion to continue the hearing until December 18th. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Lot 1, 1084 Pond Street – Schultz – CE159-976
The Commission Chairman stated that a letter has been received from the applicant’s representative requesting a continuance of the public hearing until January 8th, 2009.
There was a motion to continue the hearing until January 8th, 2009. The motion was seconded and accepted with a vote of 4-1-0; 4 Yes, 1 No, 0 Abstentions.
Continued - Public Hearing – Notice of Intent – Lot 2, 1086 Pond Street – Schultz
The Commission Chairman stated that a letter has been received from the applicant’s representative requesting a continuance of the public hearing until January 8th, 2009.
There was a motion to continue the hearing until January 8th, 2009. The motion was seconded and accepted with a vote of 4-1-0; 4 Yes, 1 No, 0 Abstentions.
GENERAL BUSINESS
Discussion: Lot 6 – 550 Summer Street – United Consultants
Mr. Rick Goodreau, Engineer of United Consultants, appeared before the Commission to request a Certificate of Compliance for this site. Mr. Alfieri informed the Commission members that there were 8 changes made to the plan that was submitted to the Conservation Department; i.e., changes from what was stated in the as-built plan. The Commission requested that Mr. Goodreau appear before them and explain why these changes were made without filing for an Amendment to the Orders of Conditions.
Mr. Goodreau informed the Commission that he has requested a Certificate of Compliance be issued for this property and submitted a letter indicating what changes were made to the site during construction.
Mr. Goodreau reviewed these changes enumerated in the letter and it has been added to the file. The homeowners hired an architect to redesign the house and then had to make some changes based on the grading concerns and soil conditions that exist on the site. These changes were the basis for the requested Amendment to the Orders of Conditions which was done in April 2006.
Mr. Goodreau informed the Commission that during the course of construction, ledge was encountered and a decision was made to locate the house closer to the street while not changing the amount of square footage that was altered within the 100 ft. buffer zone.
Mr. Goodreau stated that the driveway was relocated further away from the wetland and further from the buffer zone as well.
Mr. Alfieri stated that if the homeowner seeks to do any future work on their property, they are required to come to the Conservation Department for the proper permitting.
There was a motion to issue a Certificate of Compliance for Lot 6, 550 Summer Street. The motion was seconded and accepted with a vote of 5-0-0.
Discussion: 23 Miller Street – Guerriere & Halnon
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Steve Clement of Clement Construction, both appeared before the Commission on a wetland remediation plan matter for the site. Mr. Nielsen submitted the plan to the Commission and stated that the owner of the property has purchased it and there was an Enforcement Order in place for the site and he has been in contact with Nick Alfieri to resolve this Enforcement issue.
Mr. Nielsen stated that the prior owner had dumped debris and pushed material closer to the wetlands and there was an Enforcement Order issued in November 2006.
There was a site visit conducted with Mr. Alfieri for consultation on how to resolve this matter. The area impacted was 50’ wide x 25’ deep area that was disturbed.
Mr. Nielsen stated that the applicant has agreed to remove debris from that location and the material from the edge of the wetland and removed from the site. There are some invasive species on the site as well; i.e., Japanese Bamboo, which will be removed by hand or machine and taken off the site. Some erosion control measures will be installed around the outside perimeters of the work.
Mr. Nielsen proposed spreading mulch and the planting of some shrubs and trees. Two bounds approximately 12” off the ground will be placed with a placade denoting that it is Conservation area.
The area underneath the deck needs to be loamed and seeded with hydroseed in order to stabilize it for the winter.
Mr. Nielsen requested that the Commission accept this Enforcement Order plan and the applicant will make the necessary changes in the plantings in the early Spring.
Mr. Alfieri stated that he is in agreement with Mr. Nielsen’s recommendations and that Mr. Clement has been very cooperative.
A Commission member inquired as to why a Notice of Intent has not been filed for this site. Mr. Nielsen stated that the reason for this is that they are working under an Enforcement Order to repair the damage on the site.
Mr. Alfieri informed the Commission that the previous Conservation Agent had issued an Enforcement Order for the site and the applicant was thereby required to file a replication plan.
Mr. Clement informed the Commission that there were some minor modifications to the deck footings required by the Building Commissioner and would like to make these minor alterations around the house.
Mr. Nielsen stated that he will submit the revised plan with the additional bounds to Mr. Alfieri tomorrow. Mr. Alfieri informed the Commission that he will monitor the process on the site.
Certificate of Compliance: 3 John Edwards Circle - SE159-176
Mr. Alfieri informed the Commission that the site is in compliance with the original plan.
There was a motion to issue a Certificate of Compliance for 3 John Edwards Circle. The motion was seconded and accepted with a vote of 5-0-0.
Certificate of Compliance: A Street Ext. Roadway – Local Bylaw Only
Mr. Alfieri informed the Commission that the Orders of Conditions for the site is only under the Local Bylaw.
This Certificate of Compliance is for the roadway and the replicated area. The site is in compliance with the original plan.
There was a motion to issue a Certificate of Compliance for A Street Extension. The motion was seconded and accepted with a vote of 5-0-0.
Certificate of Compliance: 38 Blueberry Lane (Lot 16) - SE159-890
Mr. Alfieri informed the Commission that this site is in substantial compliance. The bound that had previously been buried in the ground has been pulled out.
There was a motion to issue a Certificate of Compliance for 38 Blueberry Lane. The motion was seconded and accepted with a vote of 5-0-0.
Permit Decision: 301 Union Street - CE159-972
There was a discussion among the Commission members regarding the issuance of an Orders of Conditions for this site.
There was a motion to issue State and Local Orders of Conditions with the 43 Special Conditions in the Agent’s Report. The motion was seconded and accepted with a vote
of 5-0-0.
Permit Decision: Panther Way Drainage System - CE59-973
There was a discussion among the Commission members regarding the issuance of an Orders of Conditions for this site.
There was a motion to issue State and Local Orders of Conditions with the 38 Special Conditions in the Agent’s Report. The motion was seconded and accepted with a vote
of 5-0-0.
Minor Buffer Zone Activity: 31 Hayward Street
The applicant is seeking to construct a deck with stairs leading to a cold storage building. The building is outside of the 25 ft. buffer zone and the structure is located 45 ft. away from the wetlands. The area under the deck is already grassed.
There was a motion to issue a Negative Determination. The motion was seconded and accepted with a vote of 5-0-0.
Signed Certificates of Compliance, Determination of Applicability & Orders of Conditions
Certificate of Compliance – 3 John Edwards Circle – Hogan - SE159-176
Certificate of Compliance – A Street Ext. Roadway – Ferrara – Local Bylaw Only
Determination of Applicability (Negative) – 31 Hayward Street - Hayes
Orders of Conditions – Panther Way – Town of Franklin – CE159-973
Orders of Conditions – 301 Union Street – Landings Real Estate Group – CE159-972
Certificate of Compliance – 38 Blueberry Lane (Lot 16) – Ronca – SE159-890
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 10:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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