Minutes of Meeting
January 13, 2011
To: Town Clerk
cc: Members
File
Present: J. Senterman, A. Tolland, J. Fournier, J. Livingstone, C. Botchis, R. Willis, M. Allen
R. Harrold, Associate Member, N. Alfieri, Conservation Agent
There was a motion to accept the minutes of the December 16th meeting. The motion
was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No, 2 Abstentions.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
There was a motion to accept Regan Harrold as an Associate Member. The motion was seconded and accepted with a vote of 7-0-0.
Acceptance of Grant of Conservation Restriction – The Preserve at Oak Hill LLC
Mr. Alfieri informed the Commission members that this Deed Restriction for The Preserve at Oak Hill needs to be signed by at least 4 Commission members with a positive vote in order for it to be accepted. It has been voted on by the Town Council and the Commission has been authorized by them to accept this Conservation restriction. The voting members will then sign this Restriction.
There was a motion to accept the Conservation Restriction on the 2 parcels deeded to the Town by The Preserve at Oak Hill. The motion was seconded and accepted with a vote of 7-0-0.
Public Hearing – Request for Determination – 444 West Central Street – Van Roon
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Dan Van Roon, the applicant, both appeared before the Commission for the construction of stormwater improvements for pavement increase at the above-mentioned site.
Mr. Alfieri gave the Commission members an overview of his recent visit to the site.
Mr. Nielsen gave the Commission a brief overview of the plans for the project. He stated that the ditch in question runs along the railroad beds; the associated wetland is Mine Brook.
There is a 700 sq ft. small addition proposed in the front of the building with 7 additional parking spaces to the rear and the dumpsters have been relocated.
A Commission member asked if this is the same ditch that is used for drainage for all of the commercial sites on that side of Rte. 140. Mr. Nielsen informed them that the ditch is manmade.
Mr. Alfieri recommended that a Negative Determination be issued for this project with 4 special conditions enumerated in the Agent's Report.
A Commission member stated that an additional condition be added regarding the 80% survivability of the plantings in 2 years.
There was a motion to issue a Negative Determination subject to the 4 conditions in the Agent's Supplemental Report and a 5th condition that 80% of the plantings survive after 2 years. The motion was seconded and accepted with a vote of 7-0-0.
Public Hearing – Abbreviated Notice of Resource Area Delineation – 3 Forge Parkway – National Development – CE159-1010
Mr. John Nenart, Engineer of Guerriere & Halnon, and Ms. Sherry Clancy, a representative of National Development of New England, both appeared before the Commission for a resource area delineation on this site which is located in Forge Park.
Mr. Nenart requested that the Commission evaluate the wetland line that was flagged on this site by Judith Schmitz, a wetland scientist, so that a buildable area may be determined.
Mr. Alfieri informed the Commission and the applicant that the Commission's consultant with visit the site to determine and evaluate the wetland line on the Commission's behalf.
The price for this site visit would be $1100 to reevaluate the wetland line. Mr. Art Allen, Wetland Scientist of Eco-Tec, visited the site before the recent snowstorm and would like to make a more thorough evaluation. This would be done primarily on the woody vegetation and soils at the site.
Mr. Alfieri recommends that this peer review be done on the Commission's behalf before the next meeting.
Mr. Nenart reviewed what he observed at the site for the benefit of the Commission members.
Ms. Clancy questioned why National Development would be required to pay for the Commission's consultant along with the consultant hired by her firm to evaluate the site.
A Commission member explained to Ms. Clancy that the Commission members could make the evaluation but does not have the expertise to do this during the winter because of the snow cover on the site.
Mr. Alfieri informed the applicant that according to the law, the Commission is allowed to hire a consultant at the applicant's expense.
Mr. Nenant would like to be notified when the Commission's consultant will be visiting the site so that Ms. Judy Schmitz be on-site as well. Mr. Alfieri will notify him of this.
There was a motion to hire a consultant for the purposes of confirming the wetland lines. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to accept the fee of $1100 from the applicant for the purposes of paying for the consultant. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to continue the hearing until the next meeting on January 27th. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing - Notice of Intent – 23 Beech Street – Needham Land Properties – CE159-1008
Mr. Richard Merrikin of Merrikin Engineering appeared before the Commission for the construction of an infiltration basin and drainage piping for Mine Brook Place.
Mr. Merrikin provided the Commission with an update of the progress of the project. Based on Planning Board and consultant review, more testing was required at the site of the infiltration basin and this was performed. Mr. Merrikin described the findings of this testing for the Commission. The erosion control has been extended around the basin for protection.
Mr. Alfieri informed the applicant of 4 outstanding issues from the last meeting that have not yet been addressed.
Mr. Frank Falvey of 920 Pond Street, an abutter to the site, expressed concerns regarding the overgrowth of shrubs and vegetation adjacent to Mine Brook. Also, the increase of wildlife in the area. He also questioned if there are any endangered species located in the vicinity of the site. The Commission informed Mr. Falvey that no endangered species have been found in this area.
The Commission Chairman opened the continued public hearing for 505 West Central Street. There was a motion to continue the hearing until the conclusion of the hearing for 23 Beech Street. The motion was seconded and accepted with a vote of 7-0-0.
A Commission member requested that the applicant submit:
- a planting plan with Latin names and specs
- the location and management plan for the oriental bittersweet
Mr. Merrikin requested that the Commission forward a letter to the Planning Board with the status of the project.
There was a motion to continue the hearing until the next meeting on January 27th. The motion was seconded and accepted with a vote of 7-0-0.
The Commission Chairman opened the continued public hearing for Revision of Conservation Commission Rules & Regulations. There was a motion to continue the hearing until the conclusion of the hearing for 505 West Central Street. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – 505 West Central St. – James Daddario – CE159-1009
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, Mr. James Daddario & Mr. Jack Daddario, the applicants, all appeared before the Commission for the construction of a building for Taco Bell & Wendy’s with an unknown medical or retail use.
Mr. Nielsen submitted revised plans with changes requested by the Commission and gave a general overview describing these changes.
There are 2 parking spaces which have been eliminated near the entrance to the medical building for a total elimination of 5 parking spaces in the wetland area. The dumpster for Taco Bell has been pushed to the far corner, outside of the BVW. The medical building dumpster has been moved outside of the buffer zone.
Mr. Alfieri asked the applicant to determine where the drainage will flow and has no other comments other than could a small chain link fence be put up along the areas adjacent to the buffer zones in order to keep trash from going into the wetlands.
A Commission member requested placement of bounds at the 25 ft. wetland line in order to keep grass from being mowed beyond that area.
Another Commission member requested that invasive plantings not have an opportunity to take over the slope. An eradication plan was requested.
There was a motion to continue the hearing until the next meeting on January 27th. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Revision of Conservation Commission Rules & Regulations
Mr. Alfieri gave the Commission an overview of the updated revisions to the Rules & Regulations. He reviewed the highlights of the changes made and requested comments and feedback from the Commission members.
The Commission made some comments and requested changes to be included in this document.
Mr. Alfieri will compile these revisions and bring them back to the Commission for a vote at the next meeting. A date will be determined when these revisions will go into effect.
There was a motion to continue the hearing until the next meeting on January 27th. The motion was seconded and accepted with a vote of 7-0-0.
Signed Determination of Applicability
Determination of Applicability (Negative) 444 West Central Street – Van Roon
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0.
The meeting adjourned at 9:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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