Minutes of Meeting
April 2, 2009
To: Town Clerk
cc: CRWA
Members
File
Present: C. Botchis, J. Fournier, A. Tolland, R. Willis, J. Senterman, P. Murphy, M. Allen, Associate Member, N. Alfieri, Conservation Agent
Absent: P. Boncek
There was a motion to accept the minutes of the February 26th meeting with 1 correction. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Public Hearing – Request for Determination – 4 Dover Circle - Hardin
Mr. & Mrs. Dave Hardin, the applicant and homeowners, appeared before the Commission for a restoration of electricity to their home by digging trench and burying new electric cable at their residence.
Mr. Alfieri informed the Commission that the electric cable was probably struck by Verizon when they were on the site installing the cable. There were electric problems and the Hardin’s lost their electricity. The Commission at a previous meeting had given the Hardin’s permission, on an emergency basis, to have the cable installed with the condition that they would file an after-the-fact Request for Determination.
Mr. Alfieri stated that the Hardin’s have complied with this request and he recommends the issuance of a Negative Determination with the 2 Special Conditions listed in his Agent’s Report.
There was a motion to issue a Negative Determination with the 2 Special Conditions in the Agent’s Report. The motion was seconded and accepted with a vote of 6-0-0.
Mr. & Mrs. Hardin expressed concerns to the Commission regarding how the wetlands have been maintained on their property. Ms. Hardin read a letter to the Commission expressing her concerns and this letter has been added to the Conservation file.
Continued – 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. The Chairman requested that any Commission members who where present at the recent site walk of Mr. Deluca’s property inform the other Commission members what they observed at Mr. Deluca’s property.
A Commission member stated that he observed 5 trees cut down and recommended that the applicant leave the stumps in the same location and they discussed mitigation. The applicant was very compliant with these requests.
Another Commission member stated that it was perceived that the garden needs to be moved toward the wall and the wall could act as a rear barrier to it. There is no buffer remaining at all. Some mitigation is needed at the buffer zone to prevent it from any runoff.
Another Commission member stated that the site is predominately forested with several trees in the yard and perceives it to be a difficult site to garden. There is a perennial stream which runs through the applicant’s property and suggested that a Notice of Intent be filed for this work. The site is heavily forested.
Mr. Deluca stated that his whole rear yard is being flooded due to a pipe which comes out from underneath the driveway and which dumps onto his property and he is getting erosion from this and the stream has widened significantly due to this matter.
A Commission member stated that when filing a Notice of Intent, the matter of what type of stream that is located on his property must be argued and proven. There must be compelling evidence to this effect or it will be considered a perennial stream.
The Commission Chairman stated that it appears that the consensus of the Commission is that Mr. Deluca file a Notice of Intent for this proposed garden because it is presumed to be a perennial stream.
Mr. Alfieri stated that this matter is an Enforcement Order and if the Commission chooses, the Commission could make their decision as part of the Enforcement Order. The Commission requested that Mr. Alfieri draft an Enforcement Order that takes into account what has been discussed at tonight’s meeting. The Commission can then review it with Mr. Deluca and proceed from there.
A Commission member stated that some sort of mitigation should be done along the stream bank. Raised beds shall be put in to prevent the tree roots with the raised bed gardens being as far away from the resource area as possible. Mr. Alfieri recommended to the Commission that this matter be dealt with through the existing Enforcement Order at the recommendation of the DEP.
Mr. Alfieri will prepare an Enforcement Order to include all of the comments discussed at tonight’s meeting and recommended that the Commission continue the hearing until the next meeting.
There was a motion to continue the hearing until April 23rd. 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 informed the Commission that he has revised the plans according to the comments of the Commission at the last hearing.
Mr. Nielsen stated that he has noted the 2 dogwood trees to be saved along the brook along with a 24” tree which was requested to be saved. Mr. Nielsen also stated that he narrowed the driveway which was also requested at the last meeting.
Mr. Alfieri stated that he has no additional comments regarding the revised plans.
A Commission member questioned Mr. Nielsen regarding the layout of the plantings and suggested that a Commission member approve the planting plan before the plants are planted in the ground to ensure they are located in the best possible places for survival. Mr. Alfieri stated that this could be put in the Orders of Conditions as a special condition.
A Commission member expressed the opinion that when the mulch material is to be removed from the site, that the original soil underneath the mulch pile not be disturbed.
Special Conditions to be included in the Orders of Conditions that were discussed for this project were: That either the Conservation Agent or one of the Commission members will verify the planting locations prior to planting, Ms. Allen, Associate Commission member, will submit her marked up plan with her recommendations and this will be referenced in the Order of Conditions, there shall be haybales to be installed downgradient of the disturbance and parallel to Green Street. The ornamental trees will be marked to be saved and if the pine tree is removed, the Conservation Agent will be notified. The mulch pile will be removed to within 1 ft. of the original gradient surface.
There was a motion to close the public hearing. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Definition of Disturbed Area – Conservation Commission
Mr. Alfieri informed the Commission that the Definition of Disturbed Area is attached to his Agent’s Report. He stated that he has made the changes requested by the Commission at the last meeting.
There was a question regarding one of the dates in the document. Mr. Alfieri will make the correction and add it into the “Definition Section” and it will be retitled Section 13 “Definition of Key Terms”. Mr. Alfieri will add this to the Regulations.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion to amend the Rules and Regulations by retitling Section 13 “Definition of Key Terms” and insert the Definition for Disturbed Area from the Agents Report with the 1972 date inserted instead of xxxx in alphabetical order. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – Lot 1, 1084 Pond Street – Schultz – CE159-976
The Commission Chairman opened the public hearing and stated that a letter dated April 1st has been received from the applicant’s representative requesting the public hearing be continued until the next Conservation meeting on April 23, 2009.
There was a motion to continue the hearing until April 23, 2009. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – Lot 2, 1086 Pond Street – Schultz – CE159-977
The Commission Chairman opened the public hearing and stated that a letter dated April 1st has been received from the applicant’s representative requesting the public hearing be continued until the next Conservation meeting on April 23, 2009.
There was a motion to continue the hearing until April 23, 2009. The motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Discussion: DelCarte Property
Mr. Alfieri informed the Commission members that he has recently given Mr. Jeff Nutting the slide deck as well as the DelCarte Report. Mr. Nutting will give it to the Town Council and based on their requests, he will let the Commission members know when they should appear at an upcoming Town Council meeting.
It was suggested by a Commission member that we have prepared for them a table with the dam safety regulations on what is the criteria for registration as well as the criteria for hazard ratings for their information. A map and aerial photo of the area would be desirable to present to them as well.
It was suggested that a sign should be erected at the one dam which is a potential safety hazard. Mr. Alfieri will speak to the Town Engineer regarding making a sign and having it put up.
Signed Determination of Applicability
Determination of Applicability (Negative) 4 Dover Circle – Hardin
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 9:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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