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Conservation Commission Minutes - 04-08-2010






        
     Minutes of Meeting
April 8, 2010


To:  Town Clerk
cc:   CRWA
       Members
       File


Present:  J. Fournier, J. Senterman, A. Tolland, R. Willis, C. Botchis, M. Allen, J. Livingstone,                  N. Alfieri, Conservation Agent


There was a motion to accept the minutes of the March 11th, 2010 meeting.  The motion was seconded and accepted with a vote of 7-0-0.

Discussion:  Dean College Athletic Fields – United Consultants
Mr. Jim Susi, Engineer of United Consultants, and Mr. Dennis Berlam, representing Dean College, both appeared before the Commission for a discussion regarding the athletic fields at Dean College.  Mr. Susi informed the Commission members that Dean is planning to install some new athletic fields and there is a wetland system adjacent to this area within the woods.  
Mr. Susi has met with Mr. Alfieri to review this to determine if it could be permitted with a Request for Determination.

Mr. Susi informed the Commission that Dean has decided that the above-mentioned fields will be relocated outside of the 100 ft. buffer zone and thus out of Conservation jurisdiction.

Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.  

Mr. Alfieri informed the Commission members that the Shell Station at 438 West Central Street is requesting a one-year extension to the Orders of Conditions in order to complete the project.

There was a motion to issue a one-year extension to the State and Local permits for 438 West Central Street with the understanding that these are the last extensions under the State and Local level and that a new Notice of Intent would have to be filed if the project is not completed in one year.  The motion was seconded and accepted with a vote of 4-2-1; 4 Yes, 2 No, 1 Abstention.


Continued - Public Hearing – Notice of Intent – 282 Summer Street – Crossway Church – CE159-993
Mr. David Faist, Engineer of Faist Engineering,  and Attorney Richard Cornetta, Attorney for the applicant, all appeared before the Commission for the redevelopment of an existing church building with construction of a paved parking lot for Crossway Church.

Mr. Faist reviewed the revised site plans which have been submitted for the Commission’s review.

Mr. Alfieri informed the Commission and the applicant that all of his comments have been satisfactorily met in the revised plans.

A Commission member questioned the location of the DEP sign on the plan and Mr. Feist stated that it will be added to the plan.  There was also some question regarding the temporary fencing to direct traffic across the gravel trap entrance.

The Commission recommended not using haybales in the future; compost socks would be their preference.

A Commission member stated that the Japanese knotweed is coming up in the area where the detention basin runs between the church and the street and requested that the applicant dispose of this soil appropriately.  There are a couple of trees that have some large Oriental Bittersweet climbing up and requested that these branches be chopped off at the ground level.  

There was no project narrative submitted for this project by the engineer.

There was no one present in the audience for this public hearing.

There was a motion to close the public hearing.  The motion was seconded and accepted with a vote of 6-1-0; 6 Yes, 1 No, 0 Abstentions


Continued - Public Hearing – Notice of Intent – 924 Washington St. - Grillo – CE159-994
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 stated that a DEP file number has been received.

Mr. Alfieri stated that he has attached some proposed special conditions for this project to his Agent’s Report and these were discussed by the Commission members.

There was a motion to close the public hearing.  The motion was seconded and accepted with a vote of 7-0-0.

There was a motion to issue State and Local Orders of Conditions for 924 Washington Street since they have satisfied their burden of proof with 32 special conditions.  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 submitted a letter requesting a continuance of this public hearing until April 29th.

There was a motion to continue the public hearing until April 29th.  The motion was seconded and accepted with a vote of 7-0-0.

GENERAL BUSINESS

Minor Buffer Zone Activity:  27 Charles River Drive
Mr. Alfieri informed the Commission members that the applicant has requested to remove 3 trees and prune a limb that hangs over his property from another tree.

The Chairman read a letter dated April 7th into the record from an abutter to the property and this letter has been added to the file.

The Commission members asked if the trees were endangering the house and Mr. Alfieri’s reply was that only the limb is in danger of falling onto the house and not the trees.  The Commission did not see it as a necessary measure to cut down the 3 trees.

The Commission has stated that the applicant is allowed to remove the limb but not the three trees and is required to provide more information regarding the cutting of the 3 trees.

There was a motion to issue a Negative Determination to approve the removal of the limb but not the removal of the 3 trees.  The motion was seconded and accepted with a vote of 5-2-0; 5 Yes, 2 No, 0 Abstentions.  A special condition shall be that the removal of the limb must be done by climbing and a vehicle shall not be allowed to enter the site for the removal of this limb.

Minor Buffer Zone Activity:  10 Populatic Street
Mr. Alfieri informed the Commission members that the applicant has requested to construct a new mailbox structure and to remove a chain link fence and replace it with a
new portion of wooden fence.

The Commission has requested that the applicant provide more information about the project and the type of fence that is being proposed for the site and the materials to be used.

The Commission requested that the applicant file a Request for Determination if it is permitted under the Wetlands Protection Act as the work that is being proposed is located within the riverfront.  If an RFD is not allowed under the Act, then the Commission requested that the applicant file a Notice of Intent for this project.

Discussion:  Minutes Discussion
There was a discussion among the Commission members regarding the minutes which are prepared by the Conservation Secretary.  A Commission member expressed the opinion that more concise, abbreviated minutes would be more beneficial and ease the burden of the staff.  It would be more beneficial if the minutes met the legal requirement which is the record of the votes and a summary of the discussion.  The present minutes are a transcript of the meeting and there are other means by which to review the meeting if desired.

The majority of the Commission came to the consensus that the minutes discussions should be reasonable but succinct and more concise.


EXECUTIVE SESSION
I move that the Conservation Commission go into Executive Session pursuant to   Massachusetts General Law Chapter 39 Section 23b3 to discuss acquisition of land.  The  Conservation Commission will return to open session solely for the purpose of   adjourning the meeting.  A Roll Call vote is required:

                                Jon Fournier        - Yes
                                Jeff Senterman    - Yes
                                Andy Tolland     - Yes
                                Chris Botchis      - Yes
                                Ray Willis           -  Yes
                                Monique Allen    - Yes
                                Jeff Livingstone  - Yes

Signed Orders of Conditions & Determination of Applicability
Orders of Conditions – 924 Washington Street – Grillo – CE159-994
Determination of Applicability (Negative) 27 Charles River Drive - Blood  

There was a motion to adjourn.  The motion was seconded and accepted with a vote of 7-0-0.  The meeting adjourned at 9:20 p.m.


Respectfully Submitted,


Kathleen Celorier
Conservation Secretary