Minutes of Meeting
June 17, 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 accept the minutes of the April 29th meeting with 1 change. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to accept the minutes of the May 13th meeting with 1 change. 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 - 26 Shady Lane
Mr. Alfieri informed the Commission that the Enforcement Order that has been issued for this site has been effective and the grass is presently growing and site is stabilized.
Mr. Brian Bramson, homeowner, appeared before the Commission that he would like to have a Minor Buffer Zone Activity filing permitted for construction of a deck. He also requested to install a small inflated above-ground swimming pool after the Enforcement Order has been closed out.
Mr. Bramson inquired of the Commission what materials are required to be used on deck and why he cannot use pretreated wood for the deck. The Commission members outlined to Mr. Bramson the reasons pressure-treated decks cannot be installed; only supports can be pressure-treated not the actual surface of deck.
Mr. Alfieri informed Mr. Bramson that he should file a Minor Buffer Zone Activity filing for the construction of the pool.
There was a motion to end the Enforcement Order. The motion was seconded and accepted with a vote of 7-0-0.
Mr. Bramson requested to construct a deck under the Minor Buffer Zone filing.
A Commission member expressed concern that the proposed deck would be constructed in a riverfront area and there is no restoration proposed.
There was a motion to issue a Negative Determination subject to 6 Special Conditions:
- Notify Staff before work begins
- Notify Staff when work is completed
- Perform work according to the plan
- Strip the grass and put ¾” stone underneath the new deck
- No pressure-treated wood may be used for the planking
- Remove any extra dirt from the site from the digging of the foundation holes
The motion was seconded and accepted with a vote of 7-0-0.
Continued - 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 submitted revised plans and gave the Commission an overview of these plans.
Engineer also submitted mitigation plan and functions and characteristics statements on June 16th.
Mr. Alfieri informed the applicant of 4 items to be addressed in this Notice of Intent filing.
A Commission member asked if large oak tree would be coming down? Could applicant provide mitigation if it is?
There was no one present in the audience for this public hearing.
The Commission members stated that insufficient mitigation is being proposed and requested that the applicant’s engineer prepare a new mitigation plan and that hearing be continued.
A Commissioner gave recommendations to the applicant on suggested plantings and trees.
Another Commission member stated that project narrative must be included in the file and a more detailed mitigation plan is needed.
There was a motion to continue the hearing for 14 King Philip Road until the July 1st meeting. The motion was seconded and accepted with a vote of 7-0-0.
GENERAL BUSINESS
Discussion: 31 Hayward Street – Moseley
Mr. Tom Moseley, the owner of the property, Mr. Paul Roeber, the owner of the Sunrise
Montessori School, and Mr. Donald Nielsen, Engineer of Guerriere & Halnon, all appeared before the Commission to discuss a restoration plan that was submitted to the Commission addressing Enforcement Order and fine for a playground with sandbox constructed in Conservation jurisdiction without a permit.
Mr. Nielsen has submitted a restoration plan with a list of 5 potential options for the Commission’s consideration. A fine has been issued by the Commission. Mr. Nielsen stated that he submitted a restoration plan on June 7th.
Mr. Nielsen requested options regarding this matter. There was no cutting of trees and no pre-existing vegetation was disturbed with the installation of the playground.
Mr. Nielsen stated that the existing Orders of Conditions has been violated; there is an open Orders of Conditions.
Mr. Roeber stated that he is required by the State to have a playground in order to have a school.
Ms. Sue Roeber, Secretary for the Sunrise School, questioned the nature of the complaint regarding the school. Mr. Alfieri stated that it was an anonymous complaint received by the Conservation Dept. and he visited the site to investigate.
A Commission member stated that this area was to be left undisturbed in the original Orders of Conditions.
The Chairman stated that the options for the applicant are:
- file an Amendment and leave the play area as is
- move the sandbox out of the 25 ft. buffer zone
- move everything out of the 25 ft. buffer zone
- put sand box on the north side of the mulch area
Mr. Alfieri stated that he would like to see the 5 plantings restored in that area as it was part of the original Orders of Conditions.
Ms. Karen Roeber, Director of Sunrise School, questioned where the plantings should be located.
A Commission member stated that he wants the sandbox located outside of the 25 ft. no disturb zone.
Mr. Roeber informed the Commission members that there are State regulations where the sandbox has to be located. He was informed by the Commission that this should be included in an variance request.
It was suggested that:
- the applicant file an amendment to the existing Orders of Conditions showing the structure,
- add a permanent condition to the Orders of Conditions that the fencing and any other structure be removed when the school moves
- there is a deadline imposed as to when the Certificate of Compliance be applied for on the open Orders of Conditions with the revision for the extra plantings.
o The Commission also requested a variance request for the 25 ft. no disturb zone.
and to address the reasons why the sandbox cannot be moved outside of this area.
- submit letter from the State agency that gave recommendation on the placement of sandbox
o file for a Certificate of Compliance by the end of August.
Mr. Nielsen requested that the fine imposed on the applicant for $3100 be lifted. A $300 fine was agreed upon.
There was a motion to change the fine from approximately $3,100 to $300 and to issue the $300 fine. The motion was seconded and accepted with a vote of 5-1-1; 5 Yes, 1 No, 1 Abstention.
Extension Permit: South Hill Estates – SE159-852
Mr. Alfieri informed the Commission members that the applicant has requested an Extension to the Orders of Conditions. The applicant already has 3 extensions under the Local Bylaw. The applicant has requested a one-year extension under the State and Local Bylaw.
There was a motion to issue a one-year Extension under the State regulations and Local Bylaw for South Hill Estates. The motion was seconded and failed with a vote of 3-3-1;
3 Yes, 3 No, 1 Abstention.
Discussion: Minor Buffer Zone Discussion
Mr. Alfieri informed the Commission members that since the Bylaw has been changed,
the filing of an RFD does not require a fee nor abutter notifications. He questioned if there is any need to continue to have the Minor Buffer Zone Activity filing.
A discussion ensued on the pros and cons of these 2 filing processes; the Minor Buffer Zone Activity and the Request for Determination.
The Commission members requested that Mr. Alfieri consult with the Town Attorney, Mark Cerel, to give the Commission members a legal brief regarding this matter that would explain to the Commission the legalities of these 2 permitting options.
Signed Determination of Applicability
Determination of Applicability (Negative) 26 Shady Lane – Bramson
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 9:15 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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