Minutes of Meeting
March 11, 2010
To: Town Clerk
cc: CRWA
Members
File
Present: J. Fournier, J. Senterman, A. Tolland, C. Botchis, R. Willis, M. Allen, J. Livingstone N. Alfieri, Conservation Agent
There was a motion to accept the minutes of the February 11th meeting. The motion was seconded and accepted with a vote of 7-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Public Hearing – Request for Determination – 148 Washington Street – Colella
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Jack Colella, Sr., the applicant, both appeared before the Commission to raze an existing house, garage and shed and construction of 2 new homes.
Mr. Nielsen informed the Commission that he did not have the abutter notification cards to present at tonight’s hearing. The Commission Chairman stated that the hearing could not be opened. Mr. Nielsen requested that he have a discussion regarding this site.
There was a motion to continue the hearing for 148 Washington Street until March 25th. The motion was seconded and accepted with a vote of 7-0-0.
Mr. Alfieri stated that an RFD is not a public hearing under the State it is only a public hearing under the Local Bylaw so, in fact, the Commission can open the public hearing under the State and cannot open it under the Local Bylaw. The information can be presented and reviewed under the State and when the abutter notification cards are presented, the Commission may open the hearing under the Local Bylaw.
A discussion ensued under the State but Town issues were not discussed.
Mr. Nielsen stated that he has visited the site with Mr. Alfieri and it was agreed that Ms. Judy Schmitz, a botanist, would visit and evaluate the site. She determined that under the State regulations, there is no resource area. There is a pipe which flows across the site and runs under Washington Street. Ms. Judy Schmitz has determined that there is no BVW on the site and no indication of hydrology.
Mr. Nielsen is requesting a Determination of Applicability from the Commission based on the Town Bylaw as well as the State Wetlands Protection Act.
Mr. Nielsen requested that the Commission conduct a site walk of the property. Mr. Colella would like to build 2 new houses on the site, bury the trench and pipe it.
The Commission will conduct a site walk of the property on Monday, March 15th at 6 p.m.
Continued - Public Hearing – Notice of Intent – 924 Washington Street – Grillo – CE159-
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the replacement of a cesspool with leach field and pump chamber.
Mr. Nielsen submitted revised plans for the Commission’s review addressing Mr. Alfieri’s comments and those requested at the recent site walk.
The disturbance and activity has been taken out of the 50 ft. buffer. The 25 ft. buffer has been defined and the construction sequence has been amended to address some items requested by
Mr. Alfieri.
Mr. Nielsen informed the Commission that the Board of Health has recently approved this septic plan. Mr. Nielsen also added a project narrative to the file.
A Commission member made mention of Note #3 regarding haybales. The Chairman stated that the Commission would prefer not to use haybales and recommends using socks or mitts.
It was also noted that there are 6 trees within the resource area to be taken down and questioned the mitigation for the loss of these trees. It was determined that mitigation has been done to the maximum extent with this plan.
Mr. Alfieri informed the applicant of 8 comments to be addressed in this Notice of Intent filing. He also noted that a DEP file number has not yet been received for this project and requested that Mr. Nielsen check into this matter.
Mr. Alfieri also recommended some special conditions to be added to the Orders of Conditions when it is issued by the Commission and these are attached to the Agent’s Report.
A Commission member requested that the erosion control be biodegradable.
There was a motion to continue the public hearing until the March 25th meeting so that a DEP file number may be received. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – 348 East Central St. - Christopher Nash – CE159-992
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission to raze an existing wood frame building and construction of a supermarket.
Mr. Nielsen stated that there was a public hearing regarding this site with the Planning Board last Monday. Based on this, he is not going to make any more changes on this plan at the present time.
Mr. Alfieri stated the fact that there should be a provision on the plans regarding the guardrail and that no trash be allowed to blow beyond this guardrail and into the wetland area. He requested that he have an ecologist remove all of the egg sacks and move them into the vernal pool behind the site.
The Commission Vice Chairman requested that Mr. Nielsen provide a detailed project description to be added to this file.
Mr. Alfieri informed the Commission and Mr. Nielsen that there will be a MEPA meeting held next Monday, March 15th at the Town Hall at 1 p.m. to address the stormwater issues on this site with Peter Williams, Donald Nielsen, Bill Yadisernia, Town Engineer, and representatives from Appledore Engineering.
A Commission member requested that the metal debris at the rear of the site be removed from the site?
The trash fence, guardrail and snow removal issues were also discussed.
There are 2 potential vernal pools on the site. If egg masses are transferred, would this create a problem for their survival? Mr. Alfieri stated that he will consult with an environmental consultant and report back to the Commission at the next meeting.
The Vice Chairman expressed concerns regarding the drainage structure functioning as a vernal pool with habitat and it being protected under the Wetlands Protection Act. Could Mr. Nielsen address this matter in the project narrative acknowledging that it has wetland characteristics?
There was a motion to continue the hearing until the March 25th meeting. The motion was seconded and accepted with a vote of 7-0-0.
GENERAL BUSINESS
Permit Decision: 96 Populatic Street
There was a discussion among the Commission members regarding the issuance of an
Orders of Conditions for this project. Mr. Alfieri informed the Commission that he has attached some special conditions to the Agent’s Report which were discussed at the last meeting. Some corrections to these conditions were discussed.
There was a motion to issue State and Local Orders of Conditions with the 34 Conditions with the modification just discussed that they remove it by hand and apply rodeo or its generic equivalent. The motion was seconded and accepted with a vote of 6-0-1;
6 Yes, 0 No, 1 Abstention.
Signed Orders of Conditions
Orders of Conditions – 96 Populatic Street – O’Connor - CE159-991
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
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