Minutes of Meeting
September 20, 2012
To: Town Clerk
cc: Members
File
Present: R. Ballantyne, A. Tolland, M. Allen, J. Fournier, J. Livingstone, M. DePoto
A. Riordan, Associate Member, Michele Grenier, Conservation Agent
Absent: R. Willis, P. Stolfa, Associate Member
There was a motion to accept the minutes of the August 23nd, 2012 meeting. The motion was seconded and accepted with a vote of 4-0-2; 4 Yes, 0 No, 2 Abstentions.
There was a motion to accept the minutes of the September 6th, 2012 meeting with a few corrections. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Ms. Michele Grenier’s Agent’s Report has been appended to the minutes.
Minor Buffer Zone Activity: 55 Dale Street
Mr. Ovide Rajotte, the contractor for the proposed work, appeared before the Commission to request construction of a deck with 3 footings at the rear of the house. There is presently a concrete pad located there.
Michele Grenier, Conservation Agent, stated that according to the Building Commissioner, stairs would be required as it will be constructed 8” off the ground.
The proposed work will be located 10 ft. from the resource area.
There was a motion to issue a Negative Determination for the 55 Dale Street project. The motion was seconded and accepted with a vote of 4-2-0; 4 Yes, 2 No, 0 Abstentions.
Public Hearing - Notice of Intent – 4 Bogastow Brook Lane – Walsh - CE159-1038
Ms. Danielle Walsh, the applicant, and Ms. Rebecca Weissman, PWS, both appeared before the Commission for the removal of ten trees, the placement of fill and grading in the rear yard.
Ms. Walsh informed the Commission that there is a drop off in the rear yard which is an area of concern for safety reasons. Ms. Walsh presented the Commission with photos of the site.
A Commission member questioned if a fence would be a better option to address the safety concerns. Ms. Walsh stated that a fence will not suffice for safety purposes.
The erosion control proposed is not the preferred method and the Commission requested that natural burlap covered compost socks be used. Also, concrete bounds to be placed across the area at the edge of proposed work were requested to denote the limit of disturbance. Finally, a perpetual special condition was discussed to be added to the permit prohibiting phosphorous fertilizers.
The plantings would be taken from the Best Development Practices Handbook.
It was questioned if the proposed mitigation is sufficient for the amount of trees to be taken down.
A Commission member stated that she does not look favorably on the amount of trees that are proposed to be taken down in this project and questioned if it could be scaled back?
The Commission will conduct a site walk of this project on Sunday, September 30th at 10 a.m.
Michele Grenier, Conservation Agent, will visit the site on September 27th at 10 a.m. and report back to the Commission.
There was a motion to continue the public hearing on October 4th. The motion was seconded and accepted with a vote of 6-0-0.
Public Hearing – Amendment Request to Orders of Conditions – Lot 6-3 Grace Lane – Southern Acres - CE159-1023
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Robert Massucco, the applicant, both appeared before the Commission on an amendment request for the construction of a barn and indoor arena for horses.
The site is approximately 21.5 acres in size with an indoor area, an outdoor riding area, both of which are 100’x200’ in size and a 36’ x 48’ barn with paddocks. An extensive amount of tree
cutting is proposed, pulling of stumps, filling in the depressions with loam and regrade and seed the area to allow for horse grazing.
Mr. Nielsen gave the Commission a detailed overview of the plan that was originally approved and the plan that is currently being proposed depicting an expansion.
Mr. Massucco gave the Commission a brief summary of his proposed plans for the site.
The Commission Chairman provided Mr. Nielsen with a few comments on the plan. It was also noted that an extensive amount of clearing and tree cutting is being requested for the paddock right up next to the 50 ft. buffer zone.
Michele Grenier, Conservation Agent, stated that this project should not have been filed as an Amendment to Orders of Conditions, which are only filed for minor projects. This filing should be a separate Notice of Intent filing.
A Commission member expressed concern regarding the animal excrement on the site and requested that it not be stored in the 100 ft. resource area.
A Commission member expressed concerns regarding the amount of nutrients and damage to the fields from the horses. The area outside of Conservation jurisdiction only should be cleared. The extensive tree clearing will affect the trees outside of the 100 ft. buffer as well.
A Commission member stated that the applicant should demonstrate that there will be no significant individual or cumulative adverse impact to the functions and characteristics of the resource area in order to support an amendment request.
Mr. Nielsen will prepare a revised plan addressing the Commission’s concerns.
A Commissioner expressed concern that there is no mitigation plan submitted with this filing.
There was a motion to continue the public hearing until October 4th. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing – Abbreviated Notice of Resource Area Delineation – 1330- 1342 West Central Street – Acme Jazz - CE159-1037
Mr. Ryan Bianchetto, a representative of Allen & Major, appeared before the Commission for a resource area delineation. Mr. Bianchetto stated that he is looking to the Commission for a confirmation of the wetland flags on the site. Since the last meeting, he conducted a site walk with Michele Grenier, Conservation Agent.
Ms. Grenier informed the Commission that she found the wetland line to be extremely accurate.
There was a motion to issue an ORAD, an Order of Resource Area Delineation for this project. The motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Certificates of Compliance: 224/Lot 34A Daniels Street
Mr. Jason Coras, a representative of Kings Lane Realty Trust, appeared before the Commission to request 2 Certificates of Compliance for this property.
Mr. Coras accompanied Michele Grenier on a site visit to the property. Ms. Grenier informed the Commission that the house is completed; the grass has been planted and recommended the issuance of 2 partial Certificates of Compliance.
There was a motion to issue 2 partial Certificates of Compliance applicable only to 224/Lot 34A Daniels Street. The motion was seconded and accepted with a vote of 6-0-0.
Discussion: 104 Populatic Street
Mr. Thomas LeBlanc, homeowner, and Mr. Donald Nielsen, Engineer of Guerriere & Halnon, both appeared before the Commission for an Enforcement matter at Mr. LeBlanc’s property.
Mr. Nielsen stated that Mr. LeBlanc conducted the work in August and a letter was submitted to the Commission on September 6th, 2012. In this letter, photos were enclosed attesting that Mr. LeBlanc completed the required work. The material has been removed, the site is stable and the vegetation is coming back.
A Commission member stated that he recently visited the site and he is in agreement with Mr. Nielsen’s testimony regarding the site conditions.
There was a motion to rescind the Enforcement Order for 104 Populatic Street and issue a letter confirming as such to the resident. The motion was seconded and accepted with a vote of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Signed Determination of Applicability, Order of Resource Area Delineation & Certificates of Compliance
Determination of Applicability (Negative) 55 Dale Street – Rajotte
Order of Resource Area Delineation – 1330-1342 West Central Street – Acme Jazz
Certificate of Compliance – Lot 34A/224 Daniels Street – Kings Lane Realty – SE-159-911
Certificate of Compliance – Lot 34A/224 Daniels Street – Kings Lane Realty – SE-159-912
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0.
The meeting adjourned at 8:45 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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