Minutes of Meeting
July 2, 2009
To: Town Clerk
cc: CRWA
Members
File
Present: J. Fournier, J. Senterman, C. Botchis, A. Tolland, R. Willis, Monique Allen
N. Alfieri, Conservation Agent
Absent: P. Murphy
There was a motion to accept the minutes of the June 4th meeting. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Elections
There was a motion to nominate Jon Fournier for Chairman. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion to nominate Jeff Senterman for Vice-Chairman. The motion was seconded and accepted with a vote of 6-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Discussion: 678 Pleasant Street - Fred Yadisernia
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Fred Yadisernia, property owner, both appeared before the Commission for a discussion regarding the old farmhouse at 678 Pleasant Street. Mr. Nielsen submitted plans for this site and stated that an Orders of Conditions was recently issued for this site. It has been determined by the Building Commissioner that the foundation of the house is not suitable for reconstruction. The applicant would like to propose a new house in that location. The proposed new house and driveway would consist of 4,500 sq. ft. and would remain in the footprint of the old house.
All of the existing pavement for the driveway would be removed for lawn and a vegetated area as well. Mr. Nielsen is seeking the Commission’s opinion of this proposal and the applicant would subsequently come back before the Commission with an Amendment to the Orders of Conditions.
A Commission member stated that he is in favor of the fact that it reduces the amount of the impervious area and questioned whether it could be performed under an Amendment to the Orders of Conditions or if it would require a new filing.
Another Commission member stated that the options available to the Commission is either to amend the Orders of Conditions, a minor correction to the Orders of Conditions or to require a new filing with a Notice of Intent.
The consensus of the Commission was to hear this as an Amendment to the Orders of Conditions with abutter notification and a public hearing.
Mr. Alfieri asked Mr. Nielsen if the house could be positioned outside of the 50 ft. buffer zone. Mr. Nielsen stated that is only possible to move it 5 ft. closer to the property line as there is a 40 ft. offset from the property line requirement. Mr. Alfieri stated that an alternatives analysis would have to submitted according to the regulations to determine if the house could be moved outside the 50 ft. buffer zone as it would be a new structure. It was also stated by a Commission member that the proposed new house would be located in the riverfront area as well.
Public Hearing – Notice of Intent – 3 Chilmark Road – Barry – CE159-984
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the installation of an in-ground swimming pool. Mr. Nielsen stated that the proposed work would be outside the 50 ft. buffer zone with the impervious area. There is a proposed addition to be done within the 3 years but not at the same time as the swimming pool.
There is fencing proposed inside the tree line. There will be no chlorine used in the pool with ionization and a cartridge-type filtering system proposed with no backwash. There is some mitigation proposed for the site as well. Mr. Nielsen stated that there is erosion control proposed for the site as well. There is a construction sequence provided for the Commission’s review also.
Mr. Alfieri informed Mr. Nielsen of 4 items which need to be addressed in this Notice of Intent filing.
A Commission member questioned Mr. Nielsen if the pool and the addition are going to be constructed in the existing lawn area. Mr. Nielsen stated that the addition is going to be constructed in the existing parking area or impervious area. He stated that the pool is going on the lawn.
Ms. Schmitz, Wetland Scientist, stated in her report that there are isolated wetlands on the site.
Another Commission member asked what type of soils are in this area. He requested that Mr. Nielsen add roof recharge for the new addition to the house.
It was questioned as to the location of the drywell on the site. Mr. Nielsen pointed out this pump on the plan and it will be located with the drain in an area which is not in close proximity to the house.
Another Commission member stated that a project narrative according to the regulations is not included in this Notice of Intent filing and the functions and characterictics statement is incomplete and would ask that it be expanded upon.
Another Commission member asked if between the edge of the pool deck and the proposed fence, is that lawn area?
Another Commission member informed Mr. Nielsen that regarding the definition of disturbed area, it is the responsibility of the applicant to demonstrate that it is a disturbed area.
The Commission will conduct a site walk of the property on Tuesday, July 14th, at 7:00 p.m.
There was no one in the audience to discuss this project.
There was a motion to continue the hearing until July 16th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 6-0-0.
Continued - 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. Mr. Nielsen informed the Commission members that since the last meeting, he has submitted updated plans to the Commission members at the recent site walk.
Mr. Nielsen informed the Commission members that he has added bioretention cell details to the revised plans and some construction details as well. Mr. Nielsen stated that he has also provided the Commission with an alternatives analysis and variance request and these documents have been added to the Conservation file.
Mr. Nielsen stated that 25 parking spaces have been eliminated and some bioretention cells have been added with some forebays to control the flow of water from the site.
Mr. Nielsen stated that he has addressed all of the Planning Board’s concerns regarding this site.
Mr. Alfieri informed Mr. Nielsen of 1 item to be addressed in this Notice of Intent filing. He also informed Mr. Nielsen of a number of special conditions he is recommending that the Commission add to the Orders of Conditions when it is issued and these are listed in the Agent’s Report.
A Commission member questioned what is the plan for snow removal and stated that the boulders will stop the pushing of snow off the curb and the loaders should comply with the signs and boulders.
The Commission members stated that the special conditions that they will recommend will be that the applicant will be required to remove the Tree of Heaven, which is an invasive species, on the north end of the site during the construction process. Mr. Nielsen suggested adding this as a special condition in the Orders of Conditions.
There was a motion to close the public hearing. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
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 stated that he has spoken to his client and she would like to formally withdraw the Notice of Intent for Lot 1, 1084 Pond Street.
The Commission Chairman stated that a letter has been received from the applicant’s representative dated July 2, 2009 stating that the applicant is requesting to withdraw this Notice of Intent.
There was a motion to accept the withdrawal of the Notice of Intent for Lot 1, 1084 Pond Street. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
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 informed the Commission members that the applicant is requesting a continuance of the public hearing in order that he may have an opportunity to revise the plans to depict a footprint change to the proposed house.
There was a motion to continue the hearing until July 16th. The motion was seconded and accepted with a vote of 3-2-1; 3 Yes, 2 No, 1 Abstention.
GENERAL BUSINESS
Extension Permit: Chestnut Senior Village – Ranieri - SE159-918
Mr. Christopher Botchis, Commission member, recused himself from this public hearing due to a conflict of interest.
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 fact that the project is still in litigation.
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Donald Ranieri, the applicant, both appeared before the Commission to request this Extension to the Orders of Conditions. Mr. Nielsen stated that the project has been stalled in the court system.
It was questioned as to how long a period of time an Orders of Conditions may be extended under the State as well as the Local Bylaw. There was a discussion as to whether the period is three years under the State and one year under the local Bylaw could be granted by the Commission.
It was questioned by Mr. Nielsen if the fact that litigation is stalling the process could be taken into account. Mr. Nielsen requested that Mr. Alfieri consult with Mark Cerel, the Town Attorney, and report back to him and the Commission at the July 16th meeting. Mr. Alfieri stated that he would consult with Mr. Cerel regarding this matter.
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 8:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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