Minutes of Meeting
October 17, 2013
To: Town Clerk
cc: Members
File
Present: J. Livingstone, M. DePoto, P. Harrington, D. Gill, R. Pendkar
After the meeting was called to order, the Conservation Chairman, Jeff Livingstone, read a statement into the record entitled “Chairman’s Comments - October 17 2013. This statement has been added to the Conservation file.
GENERAL BUSINESS
Certificate of Compliance: 15 Vine Street – Minihane - CE159-971
Mr. James Minihane, the homeowner, appeared before the Commission for a Certificate of Compliance for his property. Mr. Minihane stated that in 2009, the Commission issued Orders of Conditions for the installation of a driveway at his home.
The Chairman stated that Conservation Staff has visited the site and recommended the issuance of a Certificate of Compliance for this property.
There was a motion to approve the Certificate of Compliance for 15 Vine Street. The motion was seconded and accepted with a vote of 5-0-0.
Public Hearing - Notice of Intent – 7 Shawkemo Path – LaCroix - CE159-1054
Mr. Paul LaCroix, the homeowner, Ms. Karon Skinner Catrone, the Wetland Consultant, and Mr. Dan O’Driscoll, the Surveyor, all appeared before the Commission for the construction of a 12’x24’ addition with attached deck to an existing single-family house.
Mr. LaCroix informed the Commission that he has previously appeared before the Commission for this project under a Minor Buffer Zone Activity and for lack of sufficient information withdrew without prejudice and is now filing a Notice of Intent for the same project.
Ms. Skinner Catrone gave the Commission a detailed overview of the plans for the project. She stated that the existing landing and stairway that will be removed. There will be no additional impact to the wetlands than what is presently existing. The proposed project will be 37 ft. from the wetland line. There is an erosion control barrier depicted on the plan and at the recommendation of the engineer it will be extended. All of the proposed work is located outside of the 25 ft. buffer zone. There is a vegetated slope located between the proposed work and the wetlands which will remain undisturbed. There will be no trees removed in conducting this project. The soils from the excavation will be removed from the site.
The Commission members will conduct a site walk of the property on Thursday, October 24th at 5:30 p.m.
Continued - Public Hearing – Notice of Intent – Camp Haiastan- 722 Summer Street – CE159-1053
The Commission Chairman opened the hearing and stated that a letter dated October 16th, 2013 has been received from the applicant’s representative requesting a continuance of the public hearing until October 31st, 2013.
There was a motion to continue the public hearing for Camp Haiastan until October 31st. The motion was seconded and accepted with a vote of 5-0-0.
Minor Buffer Zone Activity: 19 Echo Bridge Road
Mr. Tom O’Rourke, the applicant and homeowner, appeared before the Commission to request the cutting of 9 oak trees in the backyard which are within striking distance of falling on the house.
The Conservation Chairman stated that there was an original delineation done in 1992 when the subdivision was being built. In 2005, there was another delineation done with 1 flag shown depicting the new wetlands line. The Chairman stated that every 3 years the wetlands should be delineated as standard policy.
Given this new information and the fact that it has been 8 years since there was a wetlands delineation, there should be a new delineation done to understand the actual location of the wetlands line.
A Commission member stated that he went on a site walk and it appears that some of these trees are in previously disturbed area and the remainder of them is in vegetated land. Until there is a clear demarcation of the wetlands line and the buffer zone, there can be no determination made by the Commission.
The Chairman stated that we need additional information as to where the wetlands line and buffer zone is located; i.e., a delineation should be redone. This was stated in a letter from Nick Alfieri dated April 15, 2008 to the applicant that they should have the wetlands delineated.
The Commission informed the applicant that he should have the wetlands on their property delineated in order to move forward with his project. The Chairman informed the applicant that he can either withdraw the application and refile or he can move to continue. Mr. O’Rourke stated that he will do some research on costs for a delineation and then make a determination after that.
Discussion: Eagle Scout Project – Ethan Pearl
Ethan Pearl, Eagle Scout, appeared before the Commission to present his proposed Eagle Scout Project which he is planning to do in the Franklin Forest on Summer Street. He informed the Commission members that he is proposing to make a parking area for the Summer Street entrance to the Town Forest. This has already been cleared out but is overgrown with brush. He would put down gravel.
Mr. Pearl stated that this project will benefit the residents to enjoy the benefits of the Town Forest. There will be a sign and parking area. Mr. Pearl also stated that there will be no trees taken down for this project; only brush clearing.
Mr. Pearl submitted a slide presentation which has been added to the Conservation file.
The project should start in the next month before the start of winter. The Chairman stated that this project should start as soon as possible to prevent erosion due to the gravel not being put down.
The Commission was in favor of this project and would like it to begin before the winter starts.
There was a motion to accept the parking area for egress to the Town Forest off Summer Street. The motion was seconded and accepted with a vote of 5-0-0.
Discussion: 656 King Street
Ms. Debbie Murphy of 17 Forest Street, an abutter to the Emeritus project at 656 King Street, and Attorney Richard Vacca, representing Ms. Murphy, both appeared before the Commission to state her concerns regarding the effect the work is having on her property.
The Commission Chairman gave a summary of what has transpired on this site to date, e.g., site inspections and erosion control measures undertaken by the contractor for the project.
Attorney Vacca informed the Commission that this site is problematic due to the soils that exist there. Attorney Vacca stated that once the pavement is down and the stormwater system is functioning, the conditions should level out.
There are 3 major issues that Mr. Vacca stated to bring to the Commission’s attention:
- The erosion and sedimentation control barriers adjacent to the Murphy’s property has some significant issues; it is not installed correctly. They need to be replaced and installed correctly.
- The applicant should be required to extend the haybale and silt fence in addition to the sock that is at the bottom of the detention basin.
Mr. Mike Maglio, Town Engineer, appeared at the meeting and provided the Commission with an update of the progress on the site as of today. He gave the Commission a detailed overview of his findings. He gave the contractor some recommendations for stabilizing the slope on the site.
Mr. Vacca recommended stump grindings for stabilization purposes. He also recommended compost sock around each of the detention basins.
Mr. Vacca recommended that the erosion control barriers be repaired between the site and the Murphy’s property so that it is functioning.
The Commission Chairman would like to have the pavement put down as soon as possible so that the stormwater system is properly functioning.
Ms. Jan Murphey, an abutter of 1 Rachael Circle, appeared before the Commission and stated that there is standing water in her backyard since the beginning of the project.
Mr. Vacca recommended that the Commission issue fines and an enforcement order to Wegman Companies in order to obtain compliance with the issues on the site.
Mr. Bryan Taberner, Director of Planning & Community Development, appeared before the Commission and gave the Commission a brief update of the issues on the project. He has consulted with various engineers working on the project who informed him that in every instance that there was an issue with the project, the applicant has responded positively. Therefore, Mr. Taberner does not recommend issuing fines and an enforcement order to Wegman Companies.
Mr. Taberner stated that he has contacted Mr. Dan Murphy of Wegman Companies and he informed him that it their intention that as soon as possible to pave the site before the construction season is over, stabilize it and get the stormwater system running before the winter.
The Orders of Conditions is the document that should be adhered to and recommends that the developer reviews this document and address any problems that they are experiencing.
Mr. Vacca stated that the erosion control barriers have not been installed in compliance with the Orders of Conditions nor has the stormwater management plan been complied with.
Mr. Taberner stated that within the next two weeks he would contact the developer to get the site stabilized and ensure that a licensed engineer restamps the certification letter in accordance with the Orders of Conditions.
Mr. Vacca stated that the remediation of the erosion control barriers needs to be done immediately given the condition of the erosion control and the Murphy’s property.
The Chairman stated that he would like to give Wegman Companies an opportunity to respond to these issues. He requested that Mr. Taberner contact them regarding this matter and request that they get the erosion control barriers in compliance.
Mr. Vacca requested that Wegman Companies get the erosion control barrier in place within a week from today.
Mr. Taberner stated that there is a letter from Wegman and it stated that they have been communicating with the Murphy’s regarding landscaping on their property. If there is any landscaping to be done on their property, he would caution the Murphy’s regarding having soil delivered to their property.
The Commission Chairman stated that it is important for Mr. Taberner to contact Wegman representatives regarding remedying the site and would like to allow him an opportunity to contact Wegman and provide this communication to them.
Mr. Vacca stated that he concurs with this plan for remediation for the site and would like to be kept apprized of the progress.
Mr. Vacca submitted some photos of the Murphy’s residence for the Commission’s review to document the site conditions that existed on October 14th.
The Commission Chairman stated that he expects to see significant improvements made to the site within the next week.
Discussion: Draft 2014 Meeting Schedule
There was a discussion among the Commission members regarding the 2014 Conservation Commission Hearing Schedule. The Commissioners reviewed the Draft schedule.
There was a motion to approve the Draft 2014 Conservation Commission Meeting Schedule. The motion was seconded and accepted with a vote of 5-0-0.
Signed Certificate of Compliance
Certificate of Compliance – 15 Vine Street – Minihane – CE159-971
There was a motion to adjourn the meeting. The motion was seconded and accepted with a vote of 5-0-0.
The meeting adjourned at 9:15 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
| 
