Minutes of Meeting
May 13, 2010
To: Town Clerk
cc: Members
File
Present: J. Senterman, A. Tolland, R. Willis, M. Allen, J. Livingstone
N. Alfieri, Conservation Agent
Absent: J. Fournier, C. Botchis
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Mr. Alfieri stated that the Crossway Church has requested minor correction to the plan, i.e., to add headwall to catch water and pipe it over parking lot – less of an impact to resource area. Revised plan attached to Agent’s Report.
Mr. David Faist, Faist Engineering, was present at meeting and addressed Commission’s concerns.
There was a motion to grant the minor modification with the one addendum to the conditions that no salt be used on any part of the parking lot. The motion was seconded and accepted with a vote of 4-1-0; 4 Yes, 1 No, 0 Abstentions.
Discussion: 10 Populatic Street – Tuerck
Mr. David Tuerck, applicant of 10 Populatic Street, appeared before the Commission for the replacement of a chain link fence at the perimeter of his property.
- Posts will be left intact along the river side of the property.
- New fence to be built on the existing poles from the chain link fence.
- Non-pressure treated wood will be used.
- Replacement of mailbox is needed.
- Work will take place less than 25 ft. from the riverfront area.
- Erosion control sock should be used.
There was a motion to approve the Minor Buffer Zone Activity as so submitted in the third round. The motion was seconded and accepted with a vote of 4-1-0; 4 Yes, 1 No, 0 Abstentions.
Public Hearing – Notice of Intent – 485 East Central St. – Galaxy Development LLC - CE159-
Mr. Patrick Doherty, Engineer of Midpoint Engineering, and Mr. Mark Mangannelo of LEC Environmental, all appeared before the Commission for the construction of a 61,400 sq. ft. grocery store building.
Mr. Doherty reviewed the details of the site for the Commission’s review and comment.
Mr. Mangannelo reviewed the overall wetland impacts for the site.
- Resource area to east and west of access road.
- Unnamed perennial stream; tributary of Uncas Brook
- Bank areas within the BVW of each side of access road
- Reviewed wetland boundaries of site
- 16,000 sq. ft. of riverfront to be disturbed
- 4,500 sq. of wetland replication proposed for mitigation
- Surrounded on 3 sides by wetlands
The Commission will conduct a site walk on Tuesday, May 18th at 6:30 p.m.
Mr. Alfieri informed the applicants of 19 items to be addressed in this Notice of Intent filing.
Commission member questioned the cliff, i.e., how far back is it being moved?
Another Commissioner questioned irrigation for the site. Doherty stated no permanent irrigation proposed for the site. Questioned the fertilizer to be used for the site – recommended organic fertilizers be used.
Mr. David Fuller, an abutter of 82 Chestnut Ridge Circle, questioned the proposed elevation of the parking lot and the access road. Questioned the height of the retaining wall as well. Will there be a traffic signal at the intersection?
There was a motion to continue the public hearing until May 27th so that the Commission may conduct a site walk. The motion was seconded and accepted with a vote of 5-0-0.
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 his purpose at tonight’s meeting is to address Mr. Alfieri’s recent comments from his Agent’s Report. Sent him revised plans addressing these comments.
Some key items:
- The Planning Board wants Conservation Commission to close their public hearing before they approve the application
- All Planning Board issues have been addressed by the applicant
- Applicant still needs ZBA approval
Mr. Alfieri stated that all of his comments have been addressed by the applicant and recommends closing the public hearing. Attached some special conditions to his Agent’s Report for the Commission’s review and comments.
Commissioner questioned the guardrail, i.e., animal barrier and chainlink fence at the end of the pavement. Where is snow going? Mr. Nielsen stated no snow behind the fence.
Commissioner questioned the construction sequence around the existing detention basin. Mr. Nielsen gave an overview of this issue for the Commission’s information.
There was a discussion of prospective Orders of Conditions.
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 5-0-0.
GENERAL BUSINESS
Discussion: Spring Street - Bill Yadisernia
Mr. Ray Willis, Commission member, recused himself from this public hearing.
Mr. Bill Yadisernia, Town Engineer, appeared before the Commission for a discussion regarding an emergency repair on Spring Street.
- Washouts have caused emergency
- State issued emergency waiver
- Proposed start in middle of June
- Submitted photos of site
- Pond located level with street – runs into Dix Brook
- Adjacent to intermittent stream
- DPW proposes to build a headwall to keep slope stable for maintenance
- Present erosion going into brook
- Installation of 2 new pipes is needed
Mr. Yadisernia stated that he will file a Notice of Intent. He is requesting an after-the-fact Notice of Intent at tonight’s meeting.
The Commission members agreed that it must be repaired. This could also help with beaver situation.
The Chairman stated that he has no objection to the filing of a Notice of Intent for this work.
Minor Buffer Zone Activity: 26 Shady Lane
Mr. Alfieri informed the Commission members that on his site visit, he observed a large amount of soil and grass seed that was recently put down, approximately over 1,000 sq. ft.
Mr. Alfieri recommended the Commission issue a friendly Enforcement Order requiring applicant to put silt fence down and this has been done. When the grass is growing and the site is stable, the Commission will hear the Minor Buffer Zone Activity for the deck.
There was a motion to issue the Enforcement Order for 26 Shady Lane. The motion was seconded and accepted with a vote of 5-0-0. The Commission signed the Enforcement Order.
Minor Buffer Zone Activity: 52 Quince Landing
Mr. Alfieri informed the Commission members that the applicant has requested the construction of a replacement deck with 3 sono tubes. The proposed deck is 49 ft. away from the wetlands.
There was a motion to issue a Negative Determination with 3 Special Conditions. The motion was seconded and accepted with a vote of 5-0-0.
Certificate of Compliance: 30 Shady Lane – CE159-968
Mr. Alfieri informed the Commission that site is in substantial compliance with the plan.
There was a motion to issue a Certificate of Compliance for 30 Shady Lane. The motion was seconded and accepted with a vote of 5-0-0.
Certificate of Compliance: 23 Northgate Road - SE159-749
Mr. Alfieri informed the Commission that the site is in substantial compliance with the Orders of Conditions. There was a motion to issue a Certificate of Compliance for 23 Northgate Road. The motion was seconded and accepted with a vote of 5-0-0.
Signed Determinations of Applicability, Certificates of Compliance & Enforcement Order
Determination of Applicability (Negative) 10 Populatic Street – Tuerck
Determination of Applicability (Negative) 52 Quince Landing – Campbell
Certificate of Compliance – 23 Northgate Road – Curran – SE159-749
Certificate of Compliance - 30 Shady Lane – Callahan – CE159-968
Enforcement Order – 26 Shady Lane – Bransom
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0. The meeting adjourned at 9:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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