Minutes of Meeting
October 14, 2010
To: Town Clerk
cc: Members
File
Present: J. Senterman, A. Tolland, C. Botchis, J. Livingstone, J. Fournier, M. Allen
N. Alfieri, Conservation Agent
Absent: R. Willis
There was a motion to accept the minutes of the September 9th, 2010 meeting. The motion was seconded and accepted with a vote of 6-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Public Hearing - Abbreviated Notice of Intent – 21 Haverstock Rd – Furlong – CE159-1003
Mr. John Furlong, homeowner and applicant, appeared before the Commission for the construction of a shed. The proposed shed will be constructed in the inner riparian zone to the Charles River.
Mr. Alfieri informed the applicant of 8 items which need to be addressed in this Abbreviated Notice of Intent filing.
A Commission member informed Mr. Furlong that no fertilizer or gasoline will be allowed to be stored in the shed.
Another Commission member informed the applicant that a project narrative and a functions and characteristics statement needs to be submitted detailing why there is no adverse impact to the river.
Ms. Elouise White, an abutter of 27 Haverstock Road, raised concerns regarding pollution of the Charles River.
A Commission member expressed concerns regarding the proximity of the shed to the inner riparian zone of the Charles River.
A Commission member stated that he would like maintenance practices addressed in the project narrative regarding the protection of the Charles River.
There was a motion to continue the public hearing until October 28th. The motion was seconded and accepted with a vote of 6-0-0.
Public Hearing – Amendment Request – 6 Longwalk Road – Palladini - SE159-557
Mr. Christopher Palladini, the applicant, appeared before the Commission for the construction of a shed and fence. Mr. Alfieri gave the Commission a brief overview of the project for their review.
Mr. Alfieri will submit a letter to be added to the file stating that this amendment to the Orders of Conditions has been approved.
There was a motion to close the hearing. The motion was seconded and accepted with a
vote of 6-0-0.
There was a motion to accept the Amended Orders of Conditions with the special condition that the fence be constructed of vinyl. The motion was seconded and accepted with a vote of 6-0-0.
Public Hearing – Notice of Intent – 11 Peters Lane – Rosenberg - CE159-1004
The Commission Chairman stated that this public hearing will be tabled due to the fact that a Certificate of Compliance was required and the request was not submitted in time to advertise it.
The Notice of Intent hearing will therefore be tabled until the next meeting on October 28th.
Public Hearing – Notice of Intent – 26 Beech Street – Williamson - CE159-1005
Mr. Jimmy Thornhill, the contractor for the site, Mr. Donald Williamson and Ms. Donna Cournoyer, the homeowners, and Mr. James Neva, Engineer of Dunn McKenzie, all appeared before the Commission for the construction of a patio, tree planting and site grading.
Mr. Neva gave the Commission a brief overview of the project plans for the Commission’s review.
Mr. Alfieri provided the Commission with a history of the work on the site to date. He also informed the applicant of 11 items which need to be addressed in this Notice of Intent filing.
The Commission will conduct a site walk of the property on Saturday, October 23rd at 10 a.m.
Mr. Thornhill informed the Commission that he was unaware of the wetlands on the site when he first undertook the tree clearing work.
Ms. Patricia Swift Babcock, an abutter of 24 Beech Street, raised concerns regarding the number and nature of trees removed within Conservation jurisdiction. She requested that an impact study be provided showing impact to the abutters.
The Commission Chairman informed the abutters to the project that Mr. Alfieri has reviewed the project to see how it complies with the Regulations as well as State law and has previously stated that the above-mentioned items which need to be addressed by the applicant’s representative.
Mr. Thornhill stated that he has a building permit to construct the building which is outside of the buffer zone but was instructed by the Commission Chairman not to encroach into the buffer zone or he will be in violation.
There was a motion to continue the hearing until October 28th. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Notice of Intent – 330 Chestnut St. - Hansen - CE159-1002
Mr. Jim Susi, Engineer of United Consultants, and the contractor for the project, both appeared before the Commission for a septic system upgrade. Mr. Susi submitted a revised project narrative, mitigation plan, alternatives analysis with a variance request and revised plans for the Commission’s review.
Mr. Susi gave the Commission members an overview of these plans and documents.
Mr. Alfieri stated that all of his comments have been addressed by the applicant. He had some discussion regarding reduction in the planting area and the planting of some type of vegetation as two Commission members requested it at the site walk.
Some special conditions discussed with the applicant were:
- to change the plantings from highbush blueberry to summersweet or clethra
- to use wood chips instead of bark mulch
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 4-0-2; 4 Yes, 0 No, 2 Abstentions.
Continued - Public Hearing – Revision of Conservation Commission Rules & Regulations
There was a discussion among the Commission members regarding the Conservation Rules and Regulations. Mr. Alfieri has attached a draft of some revisions to the Minor Buffer Zone Activity form to his Agent’s Report for review.
Mr. Alfieri stated that he has received some comments from Commission members and requested more input; he will then update the form and bring it back to a future meeting for final review.
He also requested some comments regarding the Rules and Regulations. A discussion ensued regarding some suggested revisions to these rules and regs.
The Chairman asked the Conservation members to forward their comments to Mr. Alfieri so that he can put together one package of updates.
There was a motion to continue the hearing until the October 28th meeting. There motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Permit Decision: Elm Street & Anchorage Road - CE159-997
There was a discussion among Commission members regarding the issuance of Orders
of Conditions for this project. Mr. Alfieri recommended some special conditions for the Commission’s review.
There was a motion to issue State and Local Orders of Conditions subject to the 54 Special Conditions for standard linear projects. The motion was seconded and accepted with a vote of 6-0-0.
Minor Buffer Zone Activity: 416 Maple Street
Mr. Alfieri recused himself from this discussion as he is an abutter to the project.
The applicant has requested the installation of an 8’x10’ deck with 1 footing.
A Commission member who visited the site reviewed the conditions he observed and recommends that the homeowner does not increase the impervious area. The Commission Chairman will draft a letter to the homeowner informing him of this.
There was a motion to issue a Negative Determination for 416 Maple Street subject to 4 conditions; i.e., 3 standard conditions, notifying the Agent before and after the work is completed, doing the work according to the plan and that no increase in the impervious area without a proper filing with the Conservation Commission. The motion was seconded and accepted with a vote of 6-0-0.
Minor Buffer Zone Activity: 12 Damico Drive
The applicant has requested to cut down 1 pine tree on their property. Mr. Alfieri stated that he had previously given the homeowner authorization to cut down this tree on an emergency basis as it was in danger of falling on the children’s play area with the stipulation that the homeowner file an after-the-fact Minor Buffer Zone filing. The tree is located in the wetlands.
There was a motion to suspend the regulations regarding the minor buffer zone because of the emergency situation. The motion was seconded and accepted with a vote of
4-2-0; 4 Yes, 2 No, 0 Abstentions.
There was a motion to issue a Negative Determination subject to the 3 standard conditions and 2 additional conditions that the stump be left in place and that no bucket truck is allowed in the wetlands. The motion was seconded and accepted with a vote of 5-1-0; 5 Yes, 1 No, 0 Abstentions.
Certificate of Compliance: 416 Maple Street - CE159-978
Mr. Alfieri recused himself from this discussion as he is an abutter to the project.
A Commission member stated that he visited the site and observed that the site is in compliance with the Orders of Conditions and recommended the issuance of a Certificate of Compliance.
There was a motion to issue a Certificate of Compliance for 416 Maple Street. The motion was seconded and accepted with a vote of 6-0-0.
Signed Determinations of Applicability, Orders of Conditions, Certificate of Compliance
Amended Orders of Conditions – 6 Longwalk Road – Palladini – SE159-557
Certificate of Compliance – 416 Maple Street – Spears – CE159-978
Orders of Conditions – Anchorage Road & Elm Street – Town of Franklin – CE159-997
Determination of Applicability (Negative) – 12 Damico Drive - Regan
Determination of Applicability (Negative) – 416 Maple Street – Spears
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0.
The meeting adjourned at 9:15 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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