Minutes of Meeting
March 29, 2012
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Fournier, R. Willis, M. Allen, J. Livingstone, M. DePoto, R. Ballantyne, P. Stolfa, Associate Member, Nick Alfieri, Conservation Agent
Absent: A. Riordan, Associate Member
There was a motion to accept the minutes of March 15th, 2012 with 2 edits as discussed. 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.
Minor Buffer Zone Activity: 11 Brookfield Road
Mr. Alfieri stated that the applicant has requested the construction of an addition to their house
and farmers porch with 4 sono tubes. This will be located approximately 70 ft. from the wetlands.
There was a motion to issue a Negative Determination for 11 Brookfield Road subject to the standard 4 conditions that they notify the Agent before work commences, at the completion of work and they do the work according to the plan, the applicant is required to tie the roof runoff into the existing drainage system. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 4 Maple Brook Lane
Mr. Marc DePoto, Conservation Commission member, has recused himself from this public hearing.
Mr. Alfieri stated that the applicant has requested to prune some trees and remove some invasive plantings in the wetlands on their property.
There was a motion to issue a Negative Determination for 4 Maple Brook Lane subject to the standard 4 conditions that they notify the Agent before work commences, at the completion of work and they do the work according to the plan and use an herbicide that is aquatic rated. The motion was seconded and accepted with a vote of 3-2-2; 3 Yes, 2 No, 2 Abstentions.
Continued - Public Hearing – Notice of Intent – Prospect St. @ Oxford Drive Culvert – DPW - CE159-1030
Mr. Ray Willis, Conservation Commission member, recused himself from this public hearing.
Mr. William Yadisernia, Town Engineer, appeared before the Commission for the replacement of culvert by the DPW. Mr. Yadisernia addressed some items requested in Mr. Alfieri’s Agent Report as well as the issues raised by Commission members at the recent site walk.
Mr. Yadisernia has submitted revised plans addressing these matters and gave the Commission a detailed overview of these changes. The work will take approximately two days to complete.
Some conditions discussed were:
- Follow the dewatering plan if it is required
- Both the upstream and downstream outflows from the culvert replacement shall not be perched
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Continued - Public Hearing – Notice of Intent – 14 Glenwood Road - Dellorco - CE159-1031
Mr. Paul Dellorco, the applicant, and Mr. Anthony Dellorco, Land Surveyor for the project, both appeared before the Commission for the connection of a house to the municipal sewer system.
The Commission Chairman gave an overview of the recent site walk and Mr. Dellorco provided the Commission with a set of revised plans for the project and gave a detailed overview of these plans.
Mr. Alfieri provided the Commission members with a set of 50 proposed special conditions for this project for review which are included in the Agent’s Report.
There was a motion to close the public hearing. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to issue State and Local Orders of Conditions for 14 Glenwood Road subject to the 50 conditions outlined in the Agent’s Report. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Amendment Request to Orders of Conditions – 847 West Central Street – Vendo Realty Trust - SE159-922
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the adjustment of 7 parking spaces and access road located at the above-mentioned site.
The Chairman asked the Commission members what is their opinion on the proposed planting schedule. Mr. Nielsen gave an overview of this planting plan for Commission review.
Mr. Alfieri provided the Commission members with a set of 51 proposed special conditions for this project for review which are included in the Agent’s Report.
A proposed perpetual condition was discussed for snow storage to be located off the parcel.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to issue State and Local Orders of Conditions for 847 West Central Street with 52 special conditions. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 3 Rachael Circle
Mr. Alfieri stated that the applicant has requested to remove some trees to allow for more sun to get into the vegetable garden.
A Commission member stated that he has visited the site and it is all disturbed area. It would be optimal to have the stump ground. The location of the proposed work to the wetlands would be greater than 50 ft.
There was a motion to issue a Negative Determination for 3 Rachael Circle subject to the standard 4 conditions that they notify the Agent before work commences, at the completion of work and they do the work according to the plan, and the applicant shall not pull stumps. The motion was seconded and accepted with a vote of 5-2-0; 5 Yes, 2 No, 0 Abstentions.
Continued - Public Hearing – Notice of Intent – Emeritus at Franklin Assisted Living – 656 King Street – CE159-1029
Mr. Andy Tolland, Conservation Commission Chairman, recused himself from this public hearing.
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for the construction of a 2-story 81 unit Senior Assisted Living Facility. Mr. Nielsen presented a set of revised plans for the project
Mr. Alfieri stated that Mr. Peter Bemis, Engineer representing EMC, sent him a narrative and a plan for Commission review. This has been added to the Conservation file. Mr. Alfieri informed the Commission members that Mr. Bemis is stating that he does not believe that the area was properly delineated and would like to have an independent consultant visit the site and redelinate the wetlands.
Mr. Alfieri informed the applicant of 13 items to be addressed in this Notice of Intent filing.
A Commission member stated that he has no objection to the modified driveway plan.
Mr. Nielsen stated that what he would like the Commission to resolve tonight is the access drive going straight through and the stockade fence as opposed to screening the vegetation. The ZBA made a statement that requires that a stockade fence to be put around the whole site other than along the industrial park. Mr. Nielsen requested that he needs to have support from the Commission, the Planning Board as well as the abutters to eliminate the stockade fence and to put in the vegetation. The Commission needs to respond to the ZBA requesting this. The Commission members stated that the Commission has already sent a letter attesting to this. The Commission requested that Mr. Alfieri send an additional letter to the ZBA based on Mr. Nielsen’s recommendations.
Mr. Nielsen asked the remainder of the Commission their opinion on the modified driveway plan. The consensus was that they have no objection to this modification to the plan.
Mr. Mike Davis, an abutter of 670 King Street, stated that he prefers the fence still go around his rear property line.
Mr. Debbie Murphy, an abutter of 17 Forest Street, expressed concerns regarding the buffer between the residential area and the project. She is looking to have planted screening for her property and a buffer between the roadway of the site and her property. She also had concerns regarding snow storage.
Ms. Jan Murphey, an abutter of 1 Rachael Circle, expressed concerns regarding the retention pond behind her house and questioned whether it will function. Mr. Nielsen as well as Mr. Alfieri gave Ms. Murphey a description of how it will function.
There was a motion to continue the public hearing until the April 26th meeting. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
GENERAL BUSINESS
Enforcement: 880 West Central Street
Mr. Fred Wise, owner of the property at 880 West Central Street, Attorney Shepard Johnson, Mr. Wise’s attorney, Mr. Byron Holmes of Holmes Engineering, and Attorney Mark Cerel, Town Attorney, all appeared before the Commission for the Enforcement matter at 880 West Central Street. The Commission Chairman gave an overview of what has transpired on this matter to date.
Mr. Holmes provided the Commission with an overview of the current site conditions and what he is proposing to take place regarding the pavement. Mr. Holmes informed the Commission members that permission would have to be obtained from the State to excavate the road as they own West Central Street.
Mr. Alfieri stated that he would like to recommend some special conditions on this Enforcement matter:
o To have a date certain for the completion of this work.
o Agree with the applicant to waive the fine in the original Enforcement Order. However, if it goes past the date certain, the Commission will start a new Enforcement action on the following day and the Commission will issue a fine for every date it is not completed and will go to Court and enforce
that if need be.
o A planting plan shall be submitted as well.
o A perpetual condition that every two years that the force main be tested.
o Some type of O&M contract for this pump station with twice the working pressure of the pumps; i.e., 95% would be acceptable.
Attorney Johnson raised the question regarding the deadline for repavement of the parking lot area and the site work to November 2013? Mr. Alfieri stated that this has been going on too long and would like to see this work done in a timely manner and objects to the November 2013 deadline and stated that the work should be done this year.
Attorney Johnson suggested that by the end of this calendar year, the applicant finish the forebay in the back and any connections that are necessary there, finish the paving in the front part of the site and the remaining part of the paving in the next year and if it the pavement needs to be ripped up, it could be completed when the rear is done. At least, the whole front could be done this year. The Commission members stated that it should be done in a timely manner.
Mr. Alfieri recommended that the Commission add to the Enforcement Order that the paving be done in the front and the detention area be completed in the back by the end of the year and if there is any problems with getting the sewer permit, have the applicant reappear before the Commission at the end of the year, express those concerns and provide a timeline of when he sees completion of the sewer will be and we will address it at that time. If another six or eight months is needed and it seems reasonable to the Commission, it could be granted to him at that point in time but the biggest concern is that that paving gets done in the front and the stormwater gets taken care of, the cultex device gets installed and the discharge in the back gets managed.
Mr. Alfieri suggested imposing a November 30th, 2012 deadline on those items and if the applicant has problems getting the sewer hooked up, the applicant can come back and talk to us. At that time, we will discuss extending the permit for some additional period of time based on when the applicant thinks it can be completed based on the understanding that the front part and back part must be complete in order to get an extension for the sewer.
The Commission members requested that the applicant reappear at a meeting in 4 months for a status update.
Mr. David Roche, Building Commissioner, suggested that the applicant copy the Commission with all of the documents and applications to the State.
The Commission members informed Mr. Wise that the planting plan should be submitted with native New England plants out of the Best Development Practices Guidebook.
Mr. Alfieri will write a letter to the applicant and append it to the Enforcement Order.
There was a motion to dismiss the proceedings and fines in the Court without prejudice. The motion was seconded and accepted with a vote of 6-1-0; 6 Yes, 1 No, 0 Abstentions.
Enforcement: 405 King Street
Mr. Raymond Lavallee, the homeowner, appeared before the Commission on an Enforcement matter for work conducted in Conservation jurisdiction without obtaining a permit.
There were some trees cut and grading conducted in his rear yard within 200 ft. of wetlands in the outer riparian zone. Mr. Lavallee stated that the falling trees were a safety issue. The trees were all diseased and he provided the Commission with photographs of the site. The closest tree was located 180 ft. away from the wetlands.
The Commission members will conduct a site walk on Sunday, April 1st at 9 a.m. and will discuss with Mr. Lavallee how to proceed to the end state and the process to achieve it if there is a quorum; i.e., 4 Commission members present.
Mr. Alfieri stated that he has no issues with the applicant doing the work in his backyard i.e., from the driveway straight back to the left work is allowed as long as he stays out of the riparian zone.
Permit Decision: Wyllie Rd./Miller/Green/Jason Circle – CE159-1028
There was a discussion among the Commission members regarding the issuance of Orders of Conditions for this project. Mr. Alfieri has provided the Commission with 49 proposed special conditions included in the Agent’s Report.
There was a motion to issue State and Local Orders of Conditions for Wyllie Road with 49 special conditions. The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No,
2 Abstentions.
Certificate of Compliance: Franklin Landings – 301 Union Street - CE159-972
Mr. Alfieri informed the Commission members that there was no work conducted on the site.
He recommended that the Commission issue a Certificate of Compliance.
There was a motion to issue a Certificate of Compliance for Franklin Landings, 301 Union Street. The motion was seconded and accepted with a vote of 7-0-0.
Signed Determinations of Applicability, Certificate of Compliance & Orders of Conditions
Certificate of Compliance – 301 Union Street – Landings Real Estate Group - CE159-972
Determination of Applicability (Negative) 11 Brookfield Road – Reardon
Determination of Applicability (Negative) 4 Maple Brook Lane – Deaver
Determination of Applicability (Negative) 3 Rachael Circle – Etzel
Orders of Conditions – Wyllie Rd./Miller/Green/Jason Circle – DPW – CE159-1028
Orders of Conditions – 14 Glenwood Road – King Construction – CE159-1031
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0.
The meeting adjourned at 10:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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