Minutes of Meeting
March 19, 2009
To: Town Clerk
cc: CRWA
Members
File
Present: C. Botchis, J. Fournier, A. Tolland, R. Willis, P. Murphy, M. Allen, Associate Member, N. Alfieri, Conservation Agent
Absent: J. Senterman, P. Boncek
There was a motion to accept the minutes of the February 26th meeting. The acceptance of the minutes was postponed with consideration of the motion until the next meeting so that the Commission members have sufficient time to review them. The motion was withdrawn and the minutes will be reviewed at the next meeting.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Enforcement – 74 Elm Street – Deluca
Christopher Botchis, Conservation Commission Chairman, recused himself from the hearing due to a conflict of interest.
Jon Fournier, Vice Chairman, acted as Chairman for this Enforcement public hearing.
Mr. Anthony Deluca, homeowner of 74 Elm Street, appeared before the Commission for an Enforcement matter at his property. Mr. Alfieri stated that last October, a call was received at the Conservation Department to notify him that cutting of trees was taking place within Conservation jurisdiction. Mr. Alfieri wrote a letter to Mr. Deluca regarding this matter and requested that he file a Minor Buffer Zone Activity filing for this work.
The applicant was served with an Enforcement Order requiring him to appear before the Commission at a future meeting.
Mr. Deluca appeared at tonight’s meeting and stated that he cut the trees in order to put in a vegetable garden. He presented the Commission with a plan depicting the trees that were cut as well as the proposed vegetable garden. A Commission member asked how far would the distance be from the proposed garden to the top of the bank of the river. Mr. Deluca stated that it would be within 25 ft. The Commission asked if it could be moved further away from the river and Mr. Deluca stated that it could not be moved as that would locate it on the neighbor’s property.
The Commission would like to schedule a site walk of Mr. Deluca’s property to determine how best to assist Mr. Deluca in the permitting process.
The Commission will walk Mr. Deluca’s property at 74 Elm Street on Tuesday, March 31st, at 6:30 p.m.
There was a motion to continue the Enforcement hearing until the next meeting on April 2nd. The motion was seconded and accepted with a vote of 4-0-0.
Public Hearing – Definition of Disturbed Area – Conservation Commission
The Chairman opened the public hearing. Mr. Alfieri informed the Commission members that this document with the Definition of Disturbed Area is attached to the Agent’s Report.
A Commission member stated that this goes into the Definition section of the Conservation Commission’s regulations, which is Section 13 and entitled “Definition of Key Terms in Town Wetlands Protection Bylaw”. This does not appear in the Bylaw, it appears in the Regulations. It was requested that the title be changed to “Definition of Key Terms”.
The Definition of the Disturbed Area was read into the record by the Commission Chairman and this document is attached to Mr. Alfieri’s Agent Report dated March 19, 2009. There are 2 dates in this document which need to be added by Mr. Alfieri before the document can be added to the Regulations.
It was asked by a Commission member if the reference to the disturbed area is minor buffer zone activity.
There was a motion to continue the hearing until the April 2nd meeting. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – 678 Pleasant Street – Grady - CE159-981
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Thomas Grady, the applicant, both appeared before the Commission to raze an existing barn and construction of single-family house. Mr. Nielsen submitted revised plans for the Commission’s review and stated that the
plans depict Option 5, which was discussed at the last meeting. This option incorporates all of the issues which were discussed at the site.
Mr. Nielsen informed the Commission that in this plan, there is restoration of the riverfront of 13,324 sq. ft. There is a 25 ft. no disturb zone and he has adjusted the plantings which were requested by a Commission member and will also remove the mulch pile on the site. There will be an organic material used to replant the species in this area. There are 2 trees located in this mulch area which will be saved if possible.
Mr. Nielsen stated that he has noted on the plan all of the activity for the construction of this project which will be conducted outside of the inner riparian zone and also outside the 50 ft. buffer zone with the exception of the restoration area of the buffer zone and the riverfront area. The house has been moved forward to keep it outside of the inner riparian zone and there will be bounds that will be set on both sides of the lot at the 100 ft. inner riparian zone limit as well as bounds set along the replication area limits.
Mr. Alfieri informed the Commission that he recommends the fifth plan choice, which is the one that Mr. Nielsen has presented at tonight’s meeting. The Commission should discuss any special conditions with the applicant prior to closing tonight’s meeting.
A Commission member questioned as to whether or not the large pine tree towards the end of the site could be saved. This tree is located by the new septic system. Mr. Nielsen stated that there is an opportunity to save it but it may not survive if the root system is cut into. It was recommended by a Commission member that a thick layer of mulch be placed around the base so that there would be no cars driving on it. It was also suggested that the applicant consult with an arborist to determine if he should cable it in order to make every attempt to save it.
A Commission member asked if the driveway could be reduced in size and Mr. Nielsen stated that he will reduce it in size.
Another Commission member questioned as where the septic system would be located; i.e., where does it fall in the construction sequence? Does it fall under #7? Mr. Nielsen affirmed that it would fall under #7. It was also asked if there should be erosion control requested at the site of the steep grading near the roadway? The Commission members agreed that this erosion control should be requested in this location. It was also requested by a Commission member that concrete bounds be set as well as a fence be installed at the 100 ft. line.
Another Commission member requested that the large Dogwood tree on the corner be protected. The other major trees located along the replication area should be located and maintained as well. It was suggested that, as a perpetual condition, that the multiflora rose be cut to the ground in perpetuity.
There was a motion to continue the hearing until April 2nd so that the final revised plan may be submitted to the Commission. The motion was seconded and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Certificate of Compliance: 4 DePoto Drive – SE159-401
There was a discussion among the Commission members regarding the issuance of a Certificate of Compliance for this property. Mr. Alfieri informed the Commission that this Order of Conditions was issued in 1994 and was issued under the State Act only.
There was a motion to issue a Certificate of Compliance under the State Act for
SE159-401, 4 DePoto Drive. The motion was seconded and accepted with a vote of
5-0-0.
Discussion: 7 Old Forge Hill Road – Compton/United Consultants
Mr. Paul Compton, the owner of the site, and Mr. Rick Goodreau, Engineer of United Consultants, both appeared before the Commission for a discussion regarding this site.
Mr. Goodreau stated that he would like to discuss with the Commission a revised proposal for the site taking into consideration the comments of the Commission from a previous discussion with Mr. Compton. Mr. Goodreau stated that this parcel is located within the riverfront area to Mine Brook.
There was a building on the site and Mr. Goodreau has modified the original proposal for the site and moved the building as far away from the riverfront and buffer zone area as possible as well as the parking area outside of the 50 ft. buffer zone. There will be rain gardens and vegetation planted in this area to restore as much of the riverfront area as much as possible.
Mr. Alfieri stated that he has no comments regarding the project at this time. He expressed concern regarding the parking along the front of the building.
A Commission member questioned Mr. Goodreau if this is a redevelopment project. He asked as to how the stormwater would be managed. Mr. Goodreau stated that the roof runoff will be discharged to the rain garden and the underground filtration system with pretreatment for the parking areas. It was asked as to how the snow removal would be handled.
A Commission member questioned if the new stormwater management practices will be followed. Mr. Goodreau stated that it is the applicant’s intention to comply with them as fully as possible and to meet most of the standards.
It was also requested by a Commission member that a maintenance plan be provided for the rain garden to ensure that is functions properly. Mr. Goodreau informed the Commission that this will be addressed in an upcoming Notice of Intent.
Discussion: DelCarte Dams
The Commission member who has been working on the DelCarte Dam project informed the Commission members that today he has received the proposal from Pare Corporation for the continuation of the study. He has forwarded a copy of this document to the rest of the Commission members by Email and has also requested that Mr. Alfieri include this document as as part of his Agent’s Report for tonight’s meeting.
This Commission member gave the rest of the Commission an overview of this document and requested that they send him any comments they would like to make.
The next step would be to ask Mr. Alfieri to speak to Mr. Jeff Nutting, Town Administrator, to be placed on the Town Council agenda regarding this matter at an upcoming meeting.
Discussion: Site Walk Communication Process
The Commission Vice-Chairman stated that there is no formal process for informing Commission members who are not present at a Commission meeting when there is a site walk scheduled as to the date and time of these site walks. The Vice Chairman informed the remainder of the Commission that he would be willing to take charge of informing any members who are absent at a meeting when the site walks are scheduled.
The following day after the meeting he would subsequently send out an Email as to the date and time of the site walks. The general consensus of the Commission is not to reschedule the site walks in the event of inclement weather unless there are extremely bad weather conditions. If a Commissioner cannot attend the site walk, that Commissioner could make his or her own independent site walk.
The Vice Chairman informed the Commission that in the event he did not attend a meeting when a site walk was scheduled, whoever is sitting as Vice-Chair at that meeting would subsequently be responsible for sending out the Email regarding the dates and times of the site walks.
Permit Decision: 27 Forge Parkway – CE159-980
There was a discussion among the Commission members regarding the issuance of an ORAD, Order of Resource Area Delineation, for this site. Mr. Alfieri informed the Commission members that the issuance of this ORAD is stating that the Commission is in agreement that the wetland line on the site is accurate.
There was a motion to issue a standard ORAD for 27 Forge Parkway. The motion was seconded and accepted with a vote of 5-0-0.
Permit Decision: 33 Anthony Road
There was a discussion among the Commission members regarding the issuance of an Orders of Conditions for this site. Mr. Alfieri stated that this filing was an Abbreviated Notice of Intent filed by the applicant for this work.
There was a motion to issue Orders of Conditions with 4 Special Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Permit Decision: 15 Vine Street – CE159-971
There was a discussion among the Commission members regarding the issuance of an Orders of Conditions for this site. Mr. Alfieri informed the Commission that he recommends the issuance of a standard Orders of Conditions for this project.
There was a motion to issue a Standard Orders of Conditions for 15 Vine Street. The motion was seconded and accepted with a vote of 5-0-0.
Commission Comments:
A Commission member informed the remainder of the Commission that he has observed that the commuter rail is depositing piles of ties and leaving them at the leftside of the tracks indefinitely. This practice is taking place along the tracks adjacent to the DelCarte property. When it rains, all of the creosote that these ties are treated with is running down into the water on the DelCarte property. He requested that Mr. Alfieri contact the commuter rail personnel and inquire if these ties could be removed from the areas that are in the Conservation jurisdiction.
Another Commission member stated that he has observed that a picnic table has been dragged onto the ice and left in Beaver Pond. He requested that Mr. Alfieri contact the Recreation Director to request that the picnic table be removed and that precautions are taken that this does not occur next winter.
Signed Order of Resource Area Delineation, Certificate of Compliance & Orders of Conditions
Order of Resource Area Delineation – 27 Forge Parkway – Thermo Fisher Scientific –
CE159-980
Certificate of Compliance – 4 Depoto Drive – Ronald Kerr – SE159-401
Orders of Conditions – 33 Anthony Road – Weber
Orders of Conditions – 15 Vine Street – Minihane – CE159-971
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 9:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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