Minutes of Meeting
April 23, 2009
To: Town Clerk
cc: CRWA
Members
File
Present: C. Botchis, J. Fournier, A. Tolland, R. Willis, P. Boncek, J. Senterman, P. Murphy
N. Alfieri, Conservation Agent
Absent: M. Allen, Associate Member
There was a motion to accept the minutes of the March 19th meeting with one correction. The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No, 2 Abstentions.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Enforcement – 880 West Central Street – Wise
Mr. Frederick Wise, owner of the property, appeared before the Commission on an Enforcement matter. Mr. Wise informed the Commission that he was doing some cleanup around the building and removed 2 dead trees. Mr. Wise apologized to the Commission for undertaking this work without a permit from the Conservation Commission.
Mr. Wise stated that he has paid the fine which was recently issued to him and came into the Conservation Office to ask Mr. Alfieri on how to proceed with the filing of the plan which he requested. He asked the Commission on how to proceed as well.
Mr. Alfieri stated that he has recently issued an Enforcement Order and fine to Mr. Wise. Mr. Wise paid the fine in a timely manner. Mr. Alfieri informed Mr. Wise that if he is planning on undertaking any future work in the wetlands, to come in to the Conservation Office and speak to him about permitting.
Mr. Wise stated that there are some trees on the west side of his building that are growing over the building and he would like to trim some of the branches as they are affecting the roof. He will come in to speak to Mr. Alfieri regarding Conservation permitting.
The Commission members informed Mr. Wise that he should file a Minor Buffer Zone Activity for any future work proposed for his site. He was informed by the Commission that the Enforcement matter is considered closed.
Enforcement - 954 Pond Street - Newton
Mr. Alfieri informed the Commission members that he received an anonymous complaint about a pile of debris within the wetlands on the site. He investigated and observed the debris. He was directed by the Commission members to issue a fine and Enforcement Order which he has done.
Mr. Newton, the homeowner, called Mr. Alfieri upon receipt of these documents and informed him that he was stacking the debris with the intention of burning it this spring. Mr. Alfieri contacted the Fire Dept. and was informed that Mr. Newton was issued a burn permit from the Fire Dept. He was instructed by Mr. Alfieri to move the pile of brush to about 25-50 ft. from the wetlands. Mr. Newton has complied with this request. Mr. Newton has filed for a Minor Buffer Zone Activity permit which was requested by Mr. Alfieri and he would to close it with this filing if the Commission so chooses.
Mr. Alfieri stated that he could contact the DEP and inform them that the Commission is going to defer the fine and that the Enforcement Order has been taken care of and the Commission is no longer pursuing it.
Mr. Newton stated that his intention is to burn the debris as soon as possible. He cut the brush for the safety of his family.
There was a motion to rescind the Enforcement Order and fine. The motion was seconded and accepted with a vote of 7-0-0.
The Commission members informed Mr. Newton that he can proceed with the burning provided that he has the Fire Dept.’s approval.
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 hearing.
Mr. Alfieri informed the Commission members that Mr. Deluca appeared at the Conservation Department and informed Staff that he was unable to attend tonight’s meeting and requested that he appear at the next Conservation meeting on May 7th.
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 23, 2009 has been received from the applicant’s representative requesting the public hearing be continued until the next Conservation meeting on May 7, 2009.
The Commission members scheduled a site walk for this property for Tuesday, April 28th at 6:30 p.m.
There was a motion to continue the hearing until May 7, 2009. The motion was seconded and accepted with a vote of 7-0-0.
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 23, 2009 has been received from the applicant’s representative requesting the public hearing be continued until the next Conservation meeting on May 7, 2009.
The Commission members scheduled a site walk for this property for Tuesday, April 28th at 6:30 p.m.
There was a motion to continue the hearing until May 7, 2009. The motion was seconded and accepted with a vote of 7-0-0.
GENERAL BUSINESS
Discussion: 674 Pleasant Street
Mr. James Thornhill, the property owner, appeared before the Commission for a discussion regarding an issue on this site. Mr. Alfieri informed the Commission that it was brought to his attention by a Commission member that he observed some additional materials within the inner riparian zone at this site.
Mr. Alfieri stated that he has sent a letter with an Enforcement Order and fine to Mr. Thornhill. Mr. Thornhill requested to come in to the Conservation meeting and speak to the Commission members regarding this matter.
Mr. Thornhill stated that he thought that most of the materials left on his site could remain there until he had finished the construction of the house. He stated that he left the materials in this location so that it would not be visible from the street and also would not be visible to the neighbors. He stated that there are a couple of snowmobiles that he is storing on the site as well. He did not think it would be in violation to leave the materials there. Mr. Thornhill informed the Commission that it will take him a year to build his house and he has no other place to leave the materials during this period.
A Commission member stated that he had observed these materials being left on the site adjacent to the brook. This area is impervious surface adjacent to the brook and was concerned about the runoff into the brook.
A Commission member informed Mr. Thornhill that the Commission is charged with protecting the wetlands and that is their sole concern.
The Commission members requested that Mr. Thornhill remove the snowmobiles from the site.
There was a motion to rescind the Enforcement Order and fine. The motion was seconded and accepted with a vote of 6-1-0; 6 Yes, 1 No, 1 Abstentions.
Mr. Thornhill inquired about the State fine. Mr. Alfieri stated that he will contact the DEP and inform them that the Commission has rescinded the Enforcement Order.
The Commission Chairman requested that Mr. Thornhill remove the debris which has been left in the inner riparian zone on the site.
Discussion: DelCarte Property
The Commission member who has been primarily working on this project updated the Commission on the latest progress with this project. He informed them that he and a few other members of the Commission, along with Mr. Alfieri, appeared at the Finance Committee meeting on Tuesday, April 14th regarding Phase II of the study.
A presentation was made to the Committee and after that presentation, the Finance Committee voted in favor of recommending funding for the second phase of the study. The next step now is for Mr. Jeff Nutting, Nick Alfieri and one of the Commission members will meet with a representative of Pare Corporation to review the Phase 2 study contract and firm up the final costs. Then the Conservation Commission will appear before the Town Council for a formal vote to approve the funding for the Phase II study.
The Commission members thanked this member for his ongoing work on this project.
Mr. Alfieri informed the Commission that the Finance Committee recommended $45,000 for this project and if additional funds are needed, they could request them at a future meeting.
Permit Decision: 678 Pleasant Street – CE159-981
There was a discussion among the Commission members regarding the issuance of Orders of Conditions for this project.
There was a motion to issue State and Local Orders of Conditions with 5 Special Conditions. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Minor Buffer Zone Activity: 18 Vine Street
Mr. Alfieri informed the Commission that the applicant has requested to install a well with associated grading. The proposed well would be located approximately10 ft. from the buffer zone with associated disturbance.
There was a motion to issue a Negative Determination with the 3 Standard Conditions. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 226 Daniels Street
Mr. Alfieri stated that the site contains a small piece of wetlands that runs up into the yard.
The applicant has requested to cut some of the tree branches in this area. The applicant will keep the work within the 25-50 ft. buffer zone.
There was a motion to issue a Negative Determination with 4 Special Conditions. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 14 Harborwood Drive
The applicant has requested the installation of a deck to be constructed around an above-ground swimming pool. The proposed work is located just within the buffer zone. The Commission members stated that they do not want pressure-treated wood to be used for the decking material; only the supports used for the decking should be comprised of pressure-treated wood.
There was a motion to issue a Negative Determination with 4 Special Conditions. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 12 Cherie Lane
The applicant has requested the installation of a 16’x24’ above-ground swimming pool. The pool would be located approximately 45-50 ft. away from the wetlands. Mr. Alfieri recommended that a closed-cartridge filtering system or ionization be used for the pool.
There was a motion to issue a Negative Determination with 5 Special Conditions. The motion was seconded and accepted with a vote of 4-3-0; 4 Yes, 3 No, 0 Abstentions.
Signed Orders of Conditions & Determinations of Applicability
Determination of Applicability (Negative) 12 Cherie Lane – Chiapponi
Determination of Applicability (Negative) 14 Harborwood Drive – Servello
Determination of Applicability (Negative) 226 Daniels Street - Sigrist
Determination of Applicability (Negative) 18 Vine Street - Maguire
Orders of Conditions – 678 Pleasant Street – Grady – CE159-981
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 8:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
| 
