Minutes of Meeting
May 27, 2010
To: Town Clerk
cc: 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 approve the minutes of the April 8th meeting with one change. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to approve the minutes of the April 8th Executive Session meeting. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to approve the DelCarte Special Meeting minutes of April 15th with two changes. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Enforcement – 31 Hayward Street
Mr. Alfieri informed Commissioners of playground in Conservation jurisdiction within 10 ft. of the wetlands without authorization from the Commission. Commission directed Mr. Alfieri to issue Enforcement Order, levy a fine from day Agent observed violation and require property owner to appear at a Conservation meeting and submit restoration plan on what they are proposing and Commission will inform applicant of what their options are.
Public Hearing – Notice of Intent – 14 King Philip Road – Leland – CE159-995
Mr. & Mrs. Ricky Leland, the applicants, and Mr. Paul Cutler, Engineer of Landmark Engineering, all appeared before the Commission for the construction of an in-ground swimming pool, patio and fence.
Mr. Cutler reviewed the details of the site plans for the Commission members’ information.
Mr. Alfieri informed the applicant of 7 items to be addressed in this Notice of Intent filing.
The Commission members raised the following issues and questions:
- Project description needs more detail
- Functions and characteristics statement is insufficient
- Applicant needs to submit project narrative
The Commission will conduct a site walk on Tuesday, June 1st at 6:30 p.m.
There was a motion to continue the public hearing until June 17th. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – 485 East Central St. – Galaxy Development LLC - CE159-
Mr. Patrick Doherty, Engineer of Midpoint Engineering, appeared before the Commission for the construction of a 61,400 sq. ft. grocery store building.
Mr. Doherty informed the Commission that he has been informed that the certified abutters list is incomplete and more names should have been added. Mr. Doherty stated that due to this reason, he will be resubmitting the application and will withdraw this application.
Mr. Doherty also requested that the fees that were paid for this application be applicable to the application to be submitted next week. He also requested that if the Commission is intending to hire a third party review of either the stormwater or the application, that they allow Mr. Alfieri to contact the consultant in the meantime so he is immediately available to review the new application.
Mr. Alfieri recommended that the Commission allow the transferring of the fees to the new application as it is no fault of the applicant and he does not see that they should be penalized.
A Commissioner requested that Mr. Doherty not locate the recharge basin across the street – this will save the swamp area.
There was a motion to have the local fees applied to the new application. The motion was seconded and accepted with a vote of 7-0-0.
Mr. Doherty stated that he is withdrawing the application without prejudice.
There was a motion to close the public hearing for 485 West Central Street, Galaxy Development. The motion was seconded and accepted with a vote of 7-0-0.
GENERAL BUSINESS
Extension Permit: Shell Station – 438 West Central Street - SE159-862
Mr. Alfieri informed the Commission members that they have already voted on this Extension Permit, which is under the State Act only, at a previous meeting but it was not signed. The vote was 4-2-1; 4 Yes, 2 No, 1 Abstention. The 4 members who had previously voted Yes signed the Extension Permit for the State only at tonight’s meeting.
Permit Decision: Big Y Supermarket – 348 East Central Street - CE159-992
There was a discussion among Commission members regarding the issuance of Orders
of Conditions for this project. Mr. Alfieri added some proposed Special Conditions to the Agent’s Report for Commission review.
There was a motion to issue State and Local Orders of Conditions for 348 East Central Street with the Standard Conditions and the 60 Special Conditions with all changes so noted. The motion was seconded and accepted with a vote of 6-1-0; 6 Yes, 1 No,
0 Abstentions.
Signed Orders of Conditions & Extension Permit
Orders of Conditions – 348 East Central Street – Big Y – Topsfield Development – CE159-992
Extension Permit – 438 West Central Street – Shell Station – Ayoub Engineering – SE159-862
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
| 
