Minutes of Meeting
June 18, 2009
To: Town Clerk
cc: CRWA
Members
File
Present: C. Botchis, J. Fournier, J. Senterman, A. Tolland, R. Willis, P. Murphy, P. Boncek,
N. Alfieri, Conservation Agent
Absent: M. Allen, Associate Member
There was a motion to accept the minutes of the May 7th meeting. The motion was seconded and
accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
There was a motion to accept the minutes of the May 21st meeting with one change. The motion was seconded and accepted with a vote of 5-1-1; 5 Yes, 1 No, 1 Abstention.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Public Hearing – Request for Determination – Garelick Farms – 1199 West Central Street
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the construction of a digester gas cogen at Garelick Farms. Mr. Nielsen stated that Garelick Farms is in the process of upgrading some items on their site and they have a treatment plant at the rear of the site. There is a vegetated drainage swale and a finger of wetlands near the railroad bed, which results in a trench of 2’x3’ i.e., approximately 300 sq. ft. of alteration of existing area in Conservation jurisdiction. This area will be put back to its natural state and vegetated after the work has been completed.
Mr. Alfieri informed the applicant of 2 items which need to be addressed in this RFD application.
Mr. Alfieri also informed the applicant and the Commission as well that a letter has been received from an abutter to the site stating his concerns with this proposed project and this letter was read by the Chairman and has been added to the file. It was noted that all of these concerns are out of the jurisdiction of the Commission.
A Commission member asked Mr. Nielsen if this project would constitute a temporary disturbance. Mr. Nielsen stated that it would be and it would be a fast moving project; the ditch will be dug and filled immediately back up.
The Commission will conduct a site walk of the property on Tuesday, June 30th at 7:30 p.m.
There was a motion to continue the hearing. The motion was not seconded and failed.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 5-2-0; 5 Yes, 2 No, 0 Abstention.
There was a motion based on Mr. Alfieri’s 2 comments to issue a Negative Determination with 3 standard conditions. The motion was seconded and accepted with a vote of 5-2-0; 5 Yes, 2 No, 0 Abstentions.
Public Hearing – Notice of Intent – 27 Forge Parkway – Thermo Fisher Scientific – CE159-983
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the construction of additional parking spaces and drainage. The Commission Chairman noted the fact that the public hearing could not be opened at the last meeting because the applicant did not provide the green cards showing abutter notification.
Mr. Nielsen stated that he has made a revision to Phase I. They are moving some of the pavement back about 15 ft. or 1,372 sq. ft. of pavement to be removed. This will be moved from the buffer zone than what presently exists on the site.
As part of the process, there is a bioretention cell in the parking lot at the request of the Town Engineer. As a result of the recent site walk, there will be some additional bioretention cells added to the parking lot to collect runoff and filled up with mulch as a treatment. There will be bioretention cells added near the building to collect runoff.
Mr. Yadisernia, Town Engineer, submitted a letter dated June 17th and the Chairman read this letter and it has been added to the file.
Mr. Nielsen stated that in Phase II a small additional parking area has been added to the westerly side of the site, which has added 8 or 9 spaces. A bioretention cell has been added with drainage connections.
Mr. Nielsen stated that he has referred to the Best Management Practices in planning the work for this site.
Mr. Alfieri informed the Commission of 5 items to be addressed in this Notice of Intent filing.
A Commission member asked Mr. Nielsen if there was paving proposed within the 50 ft. resource area and requested that a variance be provided.
On the northeast corner of the site, there is a large tree of heaven, which is an invasive species, and it needs to be eradicated. In the location between flags C50 & 51, where the snow is being pushed into the wetland, it was requested that some solution be put in place to prevent this from happening and it was questioned as to where the snow would go?
Mr. Nielsen stated that there will be sections of the parking lot that will be blocked off and filled with snow but the snow will be treated through the drainage system and bioretention cells. The Commission members requested that this be depicted on the plan and be a part of the updated Operation and Maintenance Plan.
The Commission Chairman requested that this change regarding snow be depicted on the Page 4 of the revised plans.
Another Commission member made note of the fact that the pavement would be a net reduction of 500 sq. ft. of pavement and the new pavement being put in will be further from the wetland.
There was a motion to continue the hearing until the July 2nd meeting. The motion was seconded and accepted with a vote of 7-0-0.
Continued – Public Hearing - Notice of Intent – Lot 1, 1084 Pond Street – Schultz – CE159-976
Mr. Garrett Tunison, Wetland Scientist of Tunison Smith, and Ms. Kathy Schultz, the applicant, both appeared before the Commission for the construction of a single-family house.
Mr. Tunison presented the Commission with revised plans for the site and informed the Commission members that he has redesigned the footprint for this parcel. The wetlands encroachment or filling will be eliminated. The single-family house will be removed from the wetlands and there will be no wetland filling. The proposed driveway will be impervious pavement. There will be some mitigation proposed for the site.
Mr. Alfieri informed the applicant that he has no comments regarding this Notice of Intent filing at this time.
A Commission member questioned whether it will be difficult to recharge the water from the site and how is it not going to affect the surface water in the wetland. Mr. Tunison stated that he performed a perk test to address this concern.
Another Commission member questioned if the applicant will come back to the Commission with some alternatives for the variance request.
Another Commission member informed Mr. Tunison that he should address the issue of creating flood storage potential volume.
Mr. Alfieri stated that the land behind the house is the backyard and would state that 95% of the backyard is within the 50 ft. buffer zone. He questioned the applicant if he is going to put any bounds in to delineate the backyard or is that the purpose of the fence. Mr. Tunison stated that is the purpose and the area going towards the wetlands will be left in a natural state as much as possible.
There was a motion to open the 8:30 p.m. public hearing for Lot 2 Pond Street and continue it to the conclusion of this public hearing. The motion was seconded and accepted with a vote of
7-0-0.
Mr. Alfieri stated that he would like to have something added to the deed for the property to limit the amount of activity that could be proposed for this site. Mr. Tunison was in agreement with this statement.
Another Commission member stated that the Commission did not receive Section 2 of the Waterman Design Associates wetland delineation forms for the file and requested that Mr. Alfieri contact them to request them to be forwarded to the Conservation Office.
There was a motion to continue the public hearing until the July 2nd meeting in order for the applicant to update the documents and to provide a variance. 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
Mr. Garrett Tunison, Wetland Scientist of Tunison Smith, and Ms. Kathy Schultz, the applicant, both appeared before the Commission for the construction of a single-family house.
Mr. Tunison submitted revised plans for the Commission’s review and stated that he has shrunk the footprint of the house and completely removed it from the 25 ft. buffer zone. There is a pervious paved driveway proposed for the site. The proposed retaining wall and erosion control are located outside the riverfront area.
The house will be located between the 25&50 ft. buffer zone.
A Commission member asked if the Conservation Office has received Section 2 of the Waterman Design Associates wetland delineation form for the file. The response was that the Commission did not receive these forms.
This Commission member informed the applicant that he is required to demonstrate that there would be no significant individual or cumulative adverse impact of the current proposal vs. the existing conditions for the site. The burden of proof is on the applicant.
Another Commission member stated that the applicant needs to provide a variance for this site as 80% of the structure lies within the 25-50 ft. buffer zone.
Another Commission member stated that he would not be convinced that there would be no cumulative impact on the resource area.
Mr. Alfieri questioned Mr. Tunison as to whether there will be a boulder retaining wall on both sides of this house. Mr. Tunison said that is correct and this would delineate the backyard. Mr. Alfieri questioned as to whether on the opposite side, would that be natural vegetation and Mr. Tunison stated that is correct.
A Commission member asked that the applicant consider as to where the snow will be deposited along with the lawn clippings because of the nature of the site.
Another Commission member requested that he provide an alternatives analysis for this project.
There was a motion to continue the hearing until July 2nd. The motion was seconded and accepted with a vote of 7-0-0.
GENERAL BUSINESS
Extension Permit: South Hill Estates - SE159-852
The applicant has requested to extend the Orders of Conditions for this project for one year as the work has not been completed due to the slow economy.
There was a motion to extend the State and Local Orders of Conditions for South Hill Estates for one year. The motion was seconded and accepted with a vote of 7-0-0.
Extension Permit: Oak Hill Village – SE159-921
The applicant has requested to extend the Orders of Conditions for this project for three years as the work has not been completed due to the economic downturn.
There was a motion to extend the State and Local Orders of Conditions for Oak Hill Village for
one year. The motion was seconded and accepted with a vote of 7-0-0.
Discussion: Pleasant Street – Thornhill
Mr. James Thornhill appeared before the Commission for a discussion requesting a minor modification to the Orders of Conditions to push the house back 20-40 ft. from the approved plans.
Mr. Alfieri informed the Commission that Mr. Thornhill would like to move the house back on the lot to the location of the proposed pool, which is not planned to be installed.
This minor correction would reduce the amount of work proposed in Conservation jurisdiction on the property. The size of the house will be reduced. Mr. Thornhill stated that he will not be changing the limit of work.
The consensus of the Commission was to allow Mr. Thornhill to perform this work as a minor correction to the Orders of Conditions.
Mr. Alfieri informed the Commission that a letter will be added to the file with a corrected plan depicting the minor correction.
Discussion: 74 Oxford Drive - Medeiros
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. & Mrs. Jack Medeiros, all appeared before the Commission for a discussion regarding a proposed in-ground swimming pool at their residence. Mr. Nielsen stated that the wetland behind the home was not considered a wetland at the time Mr. & Mrs. Medeiros purchased their home in 1994.
Mr. Nielsen presented the Commission with plans depicting the property and it depicts an addition and deck for which a Conservation filing was not required. The homeowners would like to install a swimming pool in the backyard. There will be some encroachment into the 50 ft. buffer zone for this proposed work. The shed could be moved outside the 25 ft. no disturb zone. There would be some plantings and vegetation from the 0-25 ft. buffer zone within the fence area.
Mr. Nielsen inquired of the Commission members for a consensus if they would be amenable to this plan.
A Commission member asked Mr. Nielsen if there would be any structures within the 50 ft. buffer zone. The applicant would have to request a variance from the Commission for this work and demonstrate to the Commission that there would be no adverse effect from the proposed impervious.
Another Commission member asked if the proposed pool could be made smaller to stay out of the 50 ft. buffer zone as an alternative to consider.
Another Commission member stated that he would like to see the concrete apron within the 50 ft. buffer zone reduced in size and not lie within this zone. He would also like to see some mitigation proposed for this work and to keep the runoff the same to maintain the flow conditions that presently exist on the site.
Mr. Alfieri informed Mr. Nielsen that he will be required to have a non-backwashing filter installed in the swimming pool.
The Commission will conduct a site walk of this property on Tuesday, June 30th at 7 p.m.
Permit Decision: 53 Dover Circle – CE159-982
There was a discussion among the Commission members regarding the issuance of Orders of Conditions for this property.
There was a motion to issue State & Local Orders of Conditions for 53 Dover Circle with 5 Special Conditions. The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No, 2 Abstentions.
Certificate of Compliance: 4 Bell Circle – SE159-869
There was a discussion regarding the issuance of a Certificate of Compliance for this site.
Mr. Alfieri informed the Commission that this site is in compliance with the Orders of Conditions.
There was a motion to issue a Certificate of Compliance for 4 Bell Circle. The motion was seconded and accepted with a vote of 7-0-0.
Signed Determination of Applicability, Orders of Conditions, Extension Permits and Certificate of Compliance
Determination of Applicability (Negative) Garelick Farms - 1199 West Central Street
Orders of Conditions – 53 Dover Circle – Patel – CE159-982
Extension Permit – Oak Hill Village – Joseph Paolini – SE159-921
Extension Permit – South Hill Estates – Staniscia/Pericolo – SE159-852
Certificate of Compliance - 4 Bell Circle – Mendes - SE159-869
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 9:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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