Minutes of Meeting
October 1, 2009
To: Town Clerk
cc: CRWA
Members
File
Present: J. Senterman, C. Botchis, A. Tolland, J. Livingstone, N. Alfieri, Conservation Agent
Absent: J. Fournier, R. Willis, M. Allen
There was a motion to accept the minutes of the September 3rd meeting with two 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: 678 Pleasant Street - CE159-981
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Ms. Colleen Grady, the applicant, both appeared before the Commission for a discussion on the potential changes to Lot 18, which is located at the corner of Pleasant & Green Streets. This site was the subject of an Orders of Conditions. Mr. Nielsen presented the Commission with a new plan depicting this work and stated that the applicant would now like to propose the razing of the existing house and constructing a new house on the lot.
Mr. Nielsen presented a letter from the Building Commissioner stating that the house and the barn is deemed unsuitable for renovation. Ms. Grady has applied for a demolition permit to tear down the barn and the existing building.
Mr. Nielsen stated that the proposed house has been moved outside of the 50 ft. buffer zone which he has done. There will be no disturbance proposed in the 0-25 ft. buffer zone. There will be a small portion of the house which will extend into the 100-200 ft. riparian zone to the stream.
There will be a new septic system proposed to be installed in this proposed work.
Mr. Nielsen requested that the Commission accept this new plan as a minor modification to the Orders of Conditions.
Mr. Alfieri stated that his recommendation would be to do this work as a modification in order that the Commission would have the ability to change some of the special conditions in the original Orders of Conditions and this amendment request also must be advertised in the newspaper.
A Commission member stated that the choices of the Commission regarding this matter would be to request the applicant file a Notice of Intent, request a minor correction to the Orders of Conditions or an Amendment to the Orders of Conditions.
The Chairman requested of Mr. Nielsen that in the Amendment Request he should compare the disturbance of the proposed new lot with the proposed old lot instead of Lots 18 & 19 together. He should meet with Mr. Alfieri to discuss the requirements for this process. Abutter notifications are required as a part of this process.
A Commission member asked Mr. Nielsen if it would be possible to get the driveway completely out of the buffer zone. That would not be possible due to the location of the retaining wall and the septic system.
Discussion: 74 Oxford Drive - CE159-986
Mr. Jack Medeiros, the applicant, appeared before the Commission for a discussion regarding changes to his Orders of Conditions for the construction of in-ground swimming pool. He would like to have a concrete walkway on the side of the pool as opposed to stones as they keep falling into the pool.
There were some shrubs listed in the Orders of Conditions and Mr. Medeiros stated that he would like to change the plantings on the site. Mr. Medeiros requested some clarification regarding the plantings and shrubs to be used on his property.
A Commission member stated that native species are preferred by the Commission but he should consult with Mr. Alfieri on this matter. Mr. Alfieri stated that he would like 1 or 2 native plantings to provide for wildlife habitat.
Mr. Medeiros asked if it is allowed to put shrubs or plantings in a rain garden. The Commission said that there are specific plantings to be planted in rain gardens.
Mr. Alfieri informed Mr. Medeiros that he should file for an Amendment to the Orders of Conditions for these proposed changes. He should submit a new plan with a letter stating the reason that he is requesting these changes to the original Orders of Conditions. Advertising in the newspaper will also be required and the abutters must be renotified.
Mr. Medeiros will meet with Mr. Alfieri for direction in this process.
Mr. Alfieri informed Mr. Medeiros that the haybales must stay in place until the soils are stabilized and the grass is ready for a first mowing.
Extension Permit: 438 West Central Street – SE159-862
Mr. Alan Micale, a representative of Ayoub Engineering, appeared before the Commission to request an Extension Permit to the Orders of Conditions for this site. He informed the Commission members that this site is the Shell Gas Station on West Central Street.
Mr. Micale also informed the Commission that approximately 10 months ago, the Commission issued an Amendment to the Orders of Conditions and an Extension Permit as well for this project. Mr. Micale informed the Commission members that due to financial issues, the applicant has been unable to conduct the work and the five-year period has lapsed on September 23rd. Mr. Micale did not submit the paperwork in time to get on the Conservation agenda before September 23 and the permit has expired. He is requesting from the Commission that they issue a one-year extension in order that they may build the project.
Mr. Alfieri informed the Commission members that this project had previously been continued for about 10 months due to issues with the Planning Board before the Amendment was issued by the Commission.
This matter of extending the local permit is currently scheduled to go before the Town Council for a Bylaw change.
There was a motion to extend the State permit for one-year. The motion was seconded and accepted with a vote of 4-0-0.
There was a motion to postpone consideration of the Extension of the Local permit until the next meeting on October 15th. The motion was seconded and accepted with a vote of 4-0-0.
Continued - Public Hearing – Notice of Intent - 7 Old Forge Hill Rd. – Unionville Commercial - CE159-988
The Commission Chairman opened the public hearing and stated that a letter has been received from the applicant’s representative dated October 1st, 2009 requesting a continuance of the public hearing until the October 15th meeting.
There was a motion to continue the hearing for 7 Old Forge Hill Road until the October 15th meeting. The motion was seconded and accepted with a vote of 4-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activity: 82 Populatic Street
The applicant has requested to cut down 4 trees, one of which is growing less than 3 ft. from the side of the house and is diseased. The other 3 trees are also diseased. There is a wire fence which needs to be replaced with a wooden fence. This would entail approximately 32 holes and runs to the edge of the pond.
Mr. Alfieri informed the Commission members that one of the requirements for the Minor Buffer Zone Activity for no disturbance in the 25 ft. buffer zone would have to be waived in order to approve this permit.
There was a motion to issue a Negative Determination subject to the 3 standard conditions and 2 additional special conditions that any excess soil from post holes be removed to the west end of the lot away from the water and no stump grinding of trees shall take place next to the foundation. The motion was seconded and accepted with a vote of 3-1-0; 3 Yes, 1 No, 0 Abstentions.
Minor Buffer Zone Activity: 76 Maple Street
The applicant has requested the construction of a pool apron located within the buffer zone. Mr. Alfieri informed the Commission that this work would consist of 350 sq. ft. of apron located within the buffer zone and 75 linear feet of fence all located in previously disturbed area.
There was a motion to issue a Negative Determination with the 3 standard conditions. The motion was seconded and accepted with a vote of 4-0-0.
Permit Decision: 18 Concetta Way – CE159-985
There was a discussion among the Commission members regarding the issuance of Orders of Conditions for this project. Mr. Alfieri recommended a number of special conditions for the Commission’s review.
There was a motion to issue State and Local Orders of Conditions with 9 special conditions. The motion was seconded and accepted with a vote of 4-0-0.
Signed Orders of Conditions, Extension Permit & Determinations of Applicability
Determination of Applicability (Negative) 82 Populatic Street – Courier
Determination of Applicability (Negative) 76 Maple Street - Carlucci
Orders of Conditions – 18 Concetta Way – Cropanese – CE159-985
Extension Permit (State Only) – 438 West Central Street – Franklin GS LLC – SE159-862
Certificate of Compliance – 40 Kenwood Circle – LMF Corporation – SE159-544
There was a motion to adjourn. The motion was seconded and accepted with a vote of 4-0-0. The meeting adjourned at 8:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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