Minutes of Meeting
July 16, 2009
To: Town Clerk
cc: CRWA
Members
File
Present: J. Fournier, C. Botchis, A. Tolland, R. Willis, N. Alfieri, Conservation Agent
Absent: J. Senterman, M. Allen
There was a motion to accept the minutes of the June 18th meeting with 2 corrections. The motion was seconded and accepted with a vote of 4-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Discussion: 50 South Street - Rossi
Mr. Robert Rossi, homeowner, appeared before the Commission for a discussion regarding his property. The backyard has wetland issues, which are located 13 ft. from the rear corner of his house. There is limited space to perform any work on his property. The trees are touching his house and he is requesting to cut down 4-5 trees and trim some branches so they do not create a hazard to his house. He would also like to expand his backyard.
Mr. Rossi also stated that he would like to install an in-ground swimming pool in the rear of his house.
The Commission asked Mr. Rossi the age of his house; it is approximately 20 years old. Mr. Alfieri stated that no Order of Conditions was ever issued at the time the house was constructed.
Mr. Alfieri also stated that the work that Mr. Rossi would like to perform does not comply with the requirements for a Minor Buffer Zone Activity filing.
The Commission will conduct a site walk of Mr. Rossi’s property in order to give him his permitting options on how to proceed. The Commission will walk the site on Tuesday, July 28th at 7:30 p.m. and will contact Mr. Rossi next week with the time they will be at his property.
Public Hearing – Request for Determination – 1 Miller Street - Chan
Mr. Andy Chan, the applicant, appeared before the Commission for the repair of a failed septic system. Mr. Chan stated that his septic tank has recently failed and needs to be repaired. The entire property is within the riparian zone to the adjacent brook.
Mr. Chan stated that the proposed construction would be on the opposite side of the lot from the river. The new septic tank would be located in the same location as the old one.
Mr. Alfieri informed the applicant of 2 items to be addressed in this Request for Determination filing.
Mr. Chan stated the stockpile would be placed directly in front of the house. There would be haybales installed on the left side of the house for erosion control purposes.
The Commission members made some revisions to Mr. Chan’s plan to depict the change from haybales to silt fence and the note that erosion control should be placed entirely around the disturbed soils. This revised plan has been added to the Conservation file.
There was a motion to close the public hearing. The motion was seconded and accepted with a vote of 4-0-0.
There was a motion to issue a Negative Determination with 4 Special Conditions. The motion was seconded and accepted with a vote of 4-0-0.
Public Hearing – Notice of Intent – 2 Ashley Circle – Rondeau – CE159-987
Mr. Bill Halsing, Engineer of Land Planning, and Mr. Greg Rondeau, the applicant, both appeared before the Commission for the construction of a detached garage and retaining wall.
Mr. Halsing stated that the wetlands on the site were flagged. There is a 2-car garage with retaining wall proposed along the rear of the property. The retaining wall will be located within the 50 ft. buffer zone. There is some proposed tree planting along the base of the wall to provide some habitat. Some blue spruce and hemlock shrubs are proposed on the grassed area.
The proposed garage is 24’x36’ in size with a small concrete patio located 52 ft. away from the wetlands and all work will be performed outside the 25 ft. buffer zone area.
Mr. Alfieri informed the applicant of 1 item which needs to be addressed in this Notice of Intent filing.
A Commission member made note of the fact that the functions and characteristics statement is very complete and commended Mr. Halsing for that. He questioned the issue of concrete bounds being set and questioned the choice of plantings of blue spruce and hemlock as being appropriate choices for this site.
The Commission will conduct a site walk of the property on Tuesday, July 28th at 6:30 p.m.
There was no one in the audience for this public hearing.
There was a motion to continue the public hearing until August 6th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 4-0-0.
Public Hearing – Notice of Intent – 18 Concetta Way – Cropanese - CE159-985
Ms. Cheryl Petersen, Engineer of Heritage Design Group, appeared before the Commission for the construction of an in-ground swimming pool. Ms. Petersen stated that there was an Order of Conditions issued for this house at the time of construction and that she has requested a Certificate of Compliance be issued.
The work proposed is located outside of the 25 ft. no disturb zone. The work is proposed within the 25-50 ft. buffer zone to the BVW. The entire area is mapped for endangered species by Natural Heritage and Ms. Petersen has received no correspondence from them at this time.
The buffer zone is all previously disturbed area and no additional disturbance is proposed for the construction of the pool. There will be erosion control put in place for this work and no trees are proposed to be cut down. The pool will be put on lawn area.
There is an alternatives analysis included in the Notice of Intent package and also a request for a variance for the pool to be constructed within the 25-50 ft. buffer zone.
Mr. Alfieri informed the applicant of 8 items which need to be addressed in this Notice of Intent filing.
A Commission member questioned as to what the endangered species is that is located in close proximity to the site. Mr. Alfieri will look into this matter before the next meeting.
The Commission will conduct a site walk of the property on Tuesday, July 28th at 7:00 p.m.
There was a motion to continue the public hearing until August 6th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 4-0-0.
Public Hearing – Request for Determination – 2 Bell Circle - Wade
Mr. & Mrs. Steve Wade, the applicants, both appeared before the Commission for the repair of a failed septic system. Mr. Wade informed the Commission that their house is on the market for sale and failed Title 5 for septic and thus needs to be repaired. The septic system is located in close proximity to the wetlands.
Mr. Alfieri informed the applicant of 2 items which need to be addressed in this Request for Determination filing.
The Commission Chairman stated that all of the work to be conducted is located outside of the 50 ft. buffer zone and there will be haybales in place in the appropriate location. The stockpile area will be located inside the haybales and not in Conservation jurisdiction. The Commission requested that haybales be placed around the stockpile to protect the wetlands in the event of a heavy rain event.
A Commission member informed the applicant of 5 special conditions that will be included in their Determination of Applicability and these are enumerated in the Agent’s Report.
There was a motion to issue a Negative Determination of Applicability with 5 Special Conditions. The motion was seconded and accepted with a vote of 4-0-0.
Public Hearing – Notice of Intent – 74 Oxford Drive – Medeiros – CE159-986
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. & Mrs. Jack Medeiros, the applicants, all appeared before the Commission for the installation of in-ground swimming pool.
Mr. Nielsen presented the Commission with revised plans with changes to comply with inputs from the Commission from the recent site walk.
One of the issues discussed were roof drains and a compost area beyond the fence to be added. A bioretention cell with some compost and loam and sand mix will be added to the plan. A retaining wall across the back of the house has been added to the plan as well.
Some plantings for the disturbed area within the 25–50 ft. buffer have been added to the plan. All of the impervious area has been removed from the 25-50 ft. buffer zone. Mr. Nielsen stated that there are 3 trees to be removed from the site.
An alternatives analysis for the work within the 50 ft. buffer has been submitted to the file. All of the activity towards the wetlands will be remediated with plantings and mulch. The pool will be 45 ft. beyond the wetland and the area between the 25-50 ft. buffer zone will be minimized.
Mr. Alfieri informed the Commission members that all of his comments regarding this Notice of Intent filing have been satisfied with this plan.
The Commission members discussed some special conditions with the applicant to be included in the Orders of Conditions. These conditions are closed cartridge filtration and no chlorine to be used for sanitation in the pool and there shall be 80% survival for the plantings for two growing seasons.
There was a motion to close the public hearing. The motion was seconded and accepted with a vote of 4-0-0.
There was a motion to issue State & Local Orders of Conditions for 74 Oxford Drive with 3 special conditions that there shall be only non-chlorinated treatment of the water, a closed-cartridge filtration system and 80% survival of the proposed plantings over the course of 2 years. The motion was seconded and accepted with a vote of 4-0-0.
Continued - Public Hearing – Notice of Intent - 3 Chilmark Road – Barry – CE159-984
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Robert Barry, the applicant, all appeared before the Commission for the installation of in-ground swimming pool. Mr. Nielsen submitted revised plans for the Commission’s review and stated that bounds have been added to the plan, the vegetation will be pruned back at least 5 ft. beyond the fence to the location of the haybales and the trees will be pruned back as well and leave the ground cover.
A trench has been added to handle the roof runoff. There will be a compost bin placed on site as well. There will be some shrubs planted for remediation. Mr. Nielsen stated that the applicant would like to remove the 3 poplar trees from the site.
Mr. Alfieri informed the applicant of 1 item which needs to be addressed in this Notice of Intent filing.
The Commission members discussed some special conditions with the applicant to be included in the Orders of Conditions. These conditions are non-backwashing filtration system and no chlorination for sanitization to be used in the pool and there shall be 80% survival rate for two growing seasons for the plantings.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 4-0-0.
There was a motion to issue State & Local Orders of Conditions for 3 Chilmark Road with 3 special conditions of non-chlorinated treatment of the water, closed-cartridge filtration system and 80% survival of the proposed plantings over the course of 2 years. The motion was seconded and accepted with a vote of 4-0-0.
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 informed the Commission members that he has reduced the footprint of the house. The size of the lot has also been reduced in size.
The applicant is proposing to switch from pavement to impervious pavement. All of the roof drainage will be collected into a French drain and there will be recharge. Within the yard area, there are native species proposed.
There will be a 6 ft. stockade fence to delineate the edge of the yard all along the entire site.
There will be no hazardous chemicals to be kept on the site.
There will be invasive species to be removed within the resource area. Within this area, there will be wildlife habitat enhancement area proposed for the site and additional plantings will be provided.
Mr. Alfieri stated that he needs some additional time in order to review the new information submitted by Mr. Tunison at tonight’s meeting and requested that the Commission continue the public hearing until the next meeting on August 6th.
There was a motion to continue the public hearing until the August 6th meeting. The motion was seconded and accepted with a vote of 4-0-0.
GENERAL BUSINESS
Extension Permit: Chestnut Senior Village – SE159-918
Christopher Botchis, Commission member, recused himself from this discussion.
The discussion was continued until the next meeting on August 6th as there was no quorum for this discussion.
Permit Decision: 27 Forge Parkway – CE159-983
There was a discussion among the Commission members regarding the issuance of an Orders of Conditions for this project.
There was a motion to issue State and Local Orders of Conditions with the Special Conditions as attached to the packet by Staff. The motion was seconded and accepted with a vote of 4-0-0.
Certificate of Compliance: 18 Concetta Way – Cropanese – SE159-548
Mr. Alfieri informed the Commission members that the grass has sufficient growth and
all the soils are stabilized on this site.
There was a motion to issue a Certificate of Compliance. The motion was seconded and accepted with a vote of 4-0-0.
Signed Certificate of Compliance, Orders of Conditions & Determinations of Applicability
Certificate of Compliance – 18 Concetta Way – Cropanese – SE159-548
Orders of Conditions – 27 Forge Parkway – Peter Young, P&IDC – CE159-983
Orders of Conditions – 3 Chilmark Road – Barry – CE159-984
Orders of Conditions – 74 Oxford Drive – Medeiros – CE159-986
Determination of Applicability (Negative) 2 Bell Circle – Wade
Determination of Applicability (Negative) 1 Miller Street – Chan
There was a motion to adjourn. The motion was seconded and accepted with a vote of 4-0-0. The meeting adjourned at 9:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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