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Conservation Commission Minutes - 06/30/2011








        
     Minutes of Meeting
June 30, 2011


To:  Town Clerk
cc:   Members
        File


Present:  C. Botchis, J. Fournier, M. Allen, R. Harrold, Nick Alfieri, Conservation Agent
Absent:  A. Tolland, J. Livingstone, R. Willis

Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.

There was a motion to close out the Enforcement Order for the Woodlands.  The motion was seconded and accepted with a vote of 4-0-0.

        Minor Buffer Zone Activity:  1237 Pond Street
        Mr. & Mrs. Mark Besnia, the applicants, appeared before the Commission for the  construction of a 24 ft. diameter above-ground swimming pool in their backyard.  

        The pool will be located 80 ft. from the wetlands at its closest point.  

        The pool conditions discussed were no backwashing filter and no chlorine to be used in  the pool.

        There was a motion to issue a Negative Determination for 1237 Pond Street subject to
        6 special conditions; notify the Agent before work starts, notify the Agent when the work       is completed, do the work according to the plan, a closed-cartridge filtering system must       be used and non-chlorine sanitization must be used and up to 5 ft. movement of the center       of the pool in any one direction will be allowed.  The motion was seconded and accepted         with a vote of 4-0-0.
        
        Minor Buffer Zone Activity:  18 Arlington Street
        Mr. David Whitlock, the applicant, appeared before the Commission for the construction  of a 7’x7’ shed and raised bed garden in the rear of his property.  The shed will be located    40 ft. away from the wetlands and the garden will be 30 ft. away.

        There was a motion to issue a Negative Determination for 18 Arlington Street subject to         3 standard conditions; notify the Agent before work starts, do the work according to the        plan and notify the Agent when the work has been completed and the additional   conditions that no more than 5 gallons of gasoline be stored in the shed nor more than 10       lbs. of fertilizers and no hazardous chemical storage in the shed.  The motion was      seconded and accepted with a vote of 4-0-0.

        Permit Decision:  Lot 43 Spring Street
        There was a discussion among the Commission members regarding the issuance of   Amended Orders of Conditions for this project.  Mr. Alfieri has included some special   conditions to the Agent’s Report for Commission review.    
        
        There was a motion to issue Amended Orders of Conditions for Lot 43 Spring Street       subject to the 40 special conditions as outlined in the Agent’s Report.  The    motion was      seconded and accepted with a vote of 4-0-0.
        

Public Hearing – Notice of Intent – 637 King Street – Pell - CE159-1019 
Mr. Bill Halsing, Engineer of Land Planning, and Ms. Elizabeth Pell, the applicant, both appeared before the Commission for replacement of failed septic system.  Mr. Halsing provided the Commission members with a detailed overview of the plans for the project.  The closest grading will be 27 ft. from the wetlands.  

Mr. Alfieri informed the applicant of 10 items to be addressed in this Notice of Intent filing and these items are enumerated in the Agent’s Report.

A Commission member requested that the stockpile be moved to the south, closer to the right side of the driveway, further from the wetlands.

The Commission will conduct a site walk of the property on Monday, July 11th at 6:30 p.m.

There was a motion to continue the public hearing for 637 King Street until the next meeting on July 14th.  The motion was seconded and accepted with a vote of 4-0-0.


Public Hearing – Notice of Intent – 3 Maple Brook Lane – Addi - CE159-1021      
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. & Mrs. Zack Addi, the applicants, all appeared before the Commission for the construction of an in-ground swimming pool.

Mr. Nielsen presented plans for the project for Commission review and gave the Commission a detailed overview of the plans.  He also stated that Mr. Addi has previously cut down a number of trees in Conservation jurisdiction without authorization.

Mr. Nielsen gave the Commission an overview of the plans for the swimming pool and stated that 8-10 trees have already been cut down.  There will be some trees planted for mitigation and sought the Commission’s opinion of where they should be planted.  

Mr. Nielsen stated that there will be no chlorine used in the pool.

Mr. Alfieri informed the applicant of 6 items to be addressed in this Notice of Intent filing.

A Commission member asked the applicant why the trees were removed without first filing with Conservation for authorization.  The response from the applicant was for the pool and the trees were in too close proximity to the house and creating a mold problem.

A Commission member informed the applicant of general guidelines for mitigation for replacement of the trees cut down.  The Commission will work with the applicant on mitigation.

The Commission will conduct a site walk of the property on Monday, July 11th at 7 p.m.

There was a motion to continue the public hearing for 3 Maple Brook Lane until July 14th.  The motion was seconded and accepted with a vote of 4-0-0.


Public Hearing – Notice of Intent – Lot 2 South Street – Babolla - CE159-1020   
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for construction of single-family house with lawn and gardens.  Mr. Nielsen gave the Commission a brief overview of the history of the site.  The proposed house will be located outside of the buffer zone.  The potential buyer would like a larger backyard.  The fence line and erosion control line s located 80 ft. from the wetlands, which is an encroachment of 20 ft. into the buffer zone.

The potential buyer will erect a fence at the 80 ft. buffer depicting limit of work and erosion control.

Mr. Alfieri informed the applicant of 8 items to be addressed in this Notice of Intent filing and these are enumerated in the Agent’s Report.

There was discussion regarding installation of a low berm between the gardens and proposed limit of work to slow down the small animals from entering the gardens.

The Commission will conduct a site walk of the property on Monday, July 11th at 6 p.m.

There was a motion to continue the public hearing for Lot 2 South Street until the next meeting  on July 14th.  The motion was seconded and accepted with a vote of 4-0-0.




Continued - Public Hearing – Notice of Intent – 3 Forge Parkway – Stantec - CE159-1018
The Commission Chairman opened the continued public hearing for construction of a 37,600 sq. ft. building with parking area and stated that a letter has been received from the applicant’s representative dated June 28th requesting a continuance of the public hearing until July 14th.  

There was a motion to continue the public hearing until the July 14th hearing.  The motion was seconded and accepted with a vote of 4-0-0.

GENERAL BUSINESS
        
        Discussion:  Partridge Street Emergency Repairs - DPW
        Mr. Bill Yadisernia, Town Engineer, appeared before the Commission to discuss   emergency repair work on Partridge Street.  Mr. Yadisernia informed the Commission      members that a brook crosses over the culvert which is great need of repair.

        There was a recent major collapse; the DPW did some emergency repairs to handle the     traffic in the area.  Mr. Yadisernia stated that the DPW will be filing a Notice of Intent              for this work in the near future.  There is a beaver dam inside the culvert.  The beavers       have been removed and an emergency contract is in place with the State.

        The road repairs need to be done this summer.  A box culvert will be installed with an  open bottom as required by the DEP.  The water line will most likely need to be replaced.
        The guardrail also needs to be replaced.

        Mr. Alfieri informed the Commission that he authorized emergency repairs for this work  and the work was done in a satisfactory manner.    

        The Commission members came to the consensus that this is how they would like the       DPW to proceed.

        Discussion:  Well #9 Emergency Repairs – DPW
        Mr. Bill Yadisernia, Town Engineer, appeared before the Commission for a discussion     regarding the partial collapse of a culvert in Well 9, which is located off East Central        Street.  It is accessible by an access road which runs by Ficco’s Bowladrome.  It runs  over a flowing brook and some ponds.  The well was shut down for a while due to         contamination problems and the DPW received approval to do some emergency repair        work.

        There was no disturbance either temporary or permanent to the wetland resource areas    associated with this work.

        Mr. Yadisernia stated that it falls under the agreement signed between the DPW and the  Conservation Commission that there is no requirement to file a Notice of Intent.

        Mr. Alfieri informed the Commission that he agrees with Mr. Yadisernia that this falls  under an emergency repair and, in his opinion, a Notice of Intent would not be required.



Signed Determinations of Applicability & Amended Orders of Conditions
Determination of Applicability (Negative) 18 Arlington Street – Whitlock
Determination of Applicability (Negative) 1237 Pond Street – Besnia
Amended Orders of Conditions – Lot 43 Spring Street – Depoto – CE159-1013

There was a motion to adjourn.  The motion was seconded and accepted with a vote of 4-0-0.  
The meeting adjourned at 8:50 p.m.

Respectfully Submitted,


Kathleen Celorier
Conservation Secretary