Minutes of Meeting
November 7, 2013
To: Town Clerk
cc: Members
File
Present: J. Livingstone, M. DePoto, P. Harrington, D. Gill, R. Pendkar, George Russell, Conservation Agent
Discussion: Prospective New Conservation Commission Members
The Commission Chairman stated that there are 2 individuals who are interested in being on the Conservation Commission; Mark Cataldo and Steve Younis.
There was a motion to recommend the appointment of Mr. Younis & Mt. Cataldo to the Commission. The motion was seconded and accepted with a vote of 5-0-0.
Discussion: Emergency Beaver Street Interceptor Work – DPW
Mr. Mike Maglio, Town Engineer, appeared before the Commission to address the scope of this work. The DPW Director had forwarded a letter identifying that a couple of weeks ago the DPW was notified by the MBTA that there were some trees on the sewer easement leaning over onto the tracks. This area runs from Beaver Street to Rte. 495. The root structure is over the interceptor and if it falls over, it could rip up the pipes.
As an emergency response, the DPW had to have a tree company take all the large trees down. There were no stumps taken down only trees and brush clearing.
The Commission requested that the DPW should file a Request for Determination in parallel with the DPW conducting the work.
Discussion: DelCarte Playground - DPW
Mr. Mike Maglio, Town Engineer, appeared before the Commission to provide them with an update of the current plan for the playground. The work for the playground is currently underway with a paved parking lot; all of this work is being done outside of Conservation jurisdiction.
There are numerous amounts of invasive species located there. Mr. Maglio stated that the DPW would like to clear out these invasive species down towards the pond and prune the trees as well.
George Russell, Conservation Agent, informed the Commission that he visited the site yesterday with DPW staff and recommended that these invasive species be cleared out; they are located in the buffer zone. He stated that he recommends that the applicant should file an RDA for this work. Mr. Maglio stated that there will be no healthy trees taken down in conducting this work.
Discussion: DelCarte Conservation Area Naming
Mr. Mike Maglio, Town Engineer, appeared before the Commission to address the naming of the DelCarte Conservation Area. He would like to get a sign named “DelCarte Recreation & Conservation Area”.
Mr. Jeff Nutting, Town Administrator, was in attendance at this discussion and requested that a trail in the DelCarte Conservation area be named after Nick Alfieri who was a longtime Conservation Agent and passed away in 2012. The Conservation Commission were in agreement with the naming of the trail in Mr. Alfieri’s memory.
Discussion: Eric Drive Culvert – DPW
Mr. Jeff Nutting, Town Administrator, appeared before the Commission regarding a culvert on Eric Drive which is collapsed. Mr. Edward Lovely of 308 Lincoln Street was in attendance at the discussion as the culvert is on Town land but in Conservation jurisdiction. It is causing flooding issues at his property and he would like it to be repaired.
George Russell, Conservation Agent, stated that he has visited the site and the culvert is not functioning due to silt backup. He met with DPW personnel and the best method to take would be to excavate the pipe and put in a drainage swale with riprap bottom in order to alleviate any flooding. There will be some replanting done after this work has been completed.
Mr. Russell recommended that an RDA be filed by the DPW to conduct this work. The Commission requested that the DPW conduct this work and file the RDA.
Public Hearing - Notice of Intent – 77 Jefferson Road – Woodcock – CE159-1055
Mr. Paul DeSimone, representing Colonial Engineering, appeared before the Commission for the construction of an in-ground swimming pool.
Mr. DeSimone gave the Commission a detailed overview of the plans for the project. Any stockpiled material will be stored outside of the 100 ft. buffer zone. There are 9 shrubs proposed for mitigation. All of the work will be conducted in previously disturbed area. All of the work will be conducted outside of the 25 ft. buffer zone. There will be no backwashing from the pool.
The Commission will conduct a site walk of this property on Sunday, November 10th, at 11 a.m.
There was a motion to continue the public hearing until November 21st. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing - Notice of Intent – 7 Shawkemo Path – LaCroix - CE159-1054
Mr. Paul LaCroix, the homeowner, appeared before the Commission for the construction of a 12’x24’ addition with attached deck. Mr. LaCroix inquired about the status of his deck filing.
Dayna Gill, Conservation member, informed the Commissioners who were not able to attend the site walk of her site visit observations. These observations have been written and entered into the Conservation file.
Mr. Dan O’Driscoll, Land Surveyor of O’Driscoll Surveying, appeared at the meeting and stated that he prepared the plan for this project. There was a question arisen as to whether the deck will be constructed on a slab or a foundation. It will be on a slab with no soils brought in to underlay the concrete. The erosion control needs to be extended
George Russell, Conservation Agent, stated that if the Commission is going to continue the public hearing, he would request detail on the recharge area in terms of excavation. He also agrees that the erosion control barrier should be extended all the way to the west property line.
There was a motion to continue the public hearing until November 21st. The motion was seconded and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Camp Haiastan- 722 Summer Street – CE159-1053
The Commission Chairman opened the hearing and stated that a letter has been received from the applicant’s representative requesting a continuance of the public hearing until November 21st.
There was a motion to continue the public hearing for Camp Haiastan until November 21st.
The motion was seconded and accepted with a vote of 5-0-0.
Minor Buffer Zone Activities: 63 Bayberry Common & 64 Bayberry Common
Mr. Chris Campbell, the contractor performing the work, appeared before the Commission for
the construction of a deck at each of the above-named Spruce Pond Condominiums. Mr. Campbell informed the Commission that he will hand dig the footings for the new decks and construct new decks with composite decking.
Mr. Campbell asked the Commission members if it is possible that he file a Notice of Intent with the Commission that would cover the entire property, i.e., approximately 100 condominium units so that he does not have to appear at a meeting for each deck. Mr. Russell informed him that he could do this and it would have to specify which decks will be replaced each year and the permit would be valid for 3 years.
There was a motion to approve the Minor Buffer Zone Activities for 63 Bayberry Common and 64 Bayberry Common. The motion was seconded and accepted with a vote of 5-0-0.
Certificate of Compliance: End of Nina Lane - Mine Brook LLC - CE159-1008
Mr. Paul DeSimone, representing Colonial Engineering, appeared before the Commission for the issuance of the Certificate of Compliance for this portion of Nina Lane in Mine Brook Estates.
There are some revisions to the plan being made at the request of the Town Engineer.
George Russell stated that he recommended the issuance of the Certificate of Compliance.
There was a motion to approve the Certificate of Compliance for End of Nina Lane. The motion was seconded and accepted with a vote of 5-0-0.
Amendment Request: Franklin Innovation Center – 31 Hayward Street - CE159-1045
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for an amendment to the Orders of Conditions for this project. Mr. Nielsen submitted a plan depicting the proposed change to the plan and gave the Commission a detailed overview of these revisions.
Mr. Nielsen stated that the applicant is presently constructing Phase III, which is the parking lot and the retention basin. At the Planning Board meeting, it was requested that the 2 dumpsters be relocated on the site, which are 5-15 ft. away from the wetlands. They requested that they be relocated adjacent to the building and this would result in being outside the 25 ft. no disturb buffer zone.
Mr. Nielsen is requesting that this be made as a minor modification to the Orders of Conditions.
Mr. Russell stated that this modification would result in less impact to the wetlands than is presently there now.
The Commission was in agreement with this proposed change.
Amendment Request: 505 W. Central Street – CE159-1009
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for an amendment to the Orders of Conditions for this project. Mr. Nielsen submitted a plan depicting the proposed change to the plan and gave the Commission a detailed overview of these revisions.
Mr. Nielsen informed the Commission members that the Planning Board approved a site plan that adds 3 lot lines on the site. The modification would refer to these 3 lots; i.e., each lot would obtain a release from Conservation.
Mr. Nielsen asked if a formal letter depicting this revision should be submitted or a new Notice of Intent should be filed to amend the Orders of Conditions to note lots 1,2 & 3 and file the plans with this Amendment.
George Russell stated that it makes more sense to release each individual lot from the Orders provided that it is the same owner and a letter to this effect could be submitted outlining the reason this is occurring.
Mr. Russell also stated that prior to construction, the erosion control barriers need to be replaced or repaired; they are no longer functioning.
Mr. Nielsen will submit a letter with a formal request on this change.
Discussion: Mass DOT 495 Erosion Control Letters
Mr. Bryan Taberner, Director of Community Planning, informed the Commission that Mass DOT has submitted 2 erosion control letters that are not from a Professional Engineer but are from a Certified Erosion Control Engineer. The Orders of Conditions specify that these letters should be received from a Professional Engineer and would like the Commission’s input on this matter.
The Commission members came to the consensus that the erosion control engineer’s letter was satisfactory to the Commission and the letters have been added to the Conservation file.
Certificate of Compliance: 5 Rona Lane – Hall - CE159-1050
Mr. Thomas Hall, the applicant, appeared before the Commission for the issuance of a Certificate of Compliance for his property.
Mr. Russell informed the Commission that he has inspected the site and requested that the erosion control barriers remain in place until the vegetation is in place. Mr. Hall stated that there never was any grass in that location but in the spring he will attempt to seed it.
There was a motion to approve the Certificate of Compliance for 5 Rona Lane. The motion was seconded and accepted with a vote of 5-0-0.
Minutes: There was a motion to approve the minutes of the October 3rd meeting. The motion was seconded and accepted with a vote of 5-0-0.
Signed Minor Buffer Zone Activities & Certificates of Compliance
Certificate of Compliance – 5 Rona Lane – Hall - CE159-1050
Certificate of Compliance – End of Nina Lane – Mine Brook LLC - CE159-1008
Minor Buffer Zone Activity – 63 Bayberry Common – Povato
Minor Buffer Zone Activity – 64 Bayberry Common – Clauser
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 8:30 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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