Minutes of Meeting
January 9, 2014
To: Town Clerk
cc: Members
File
Present: J. Livingstone, M. DePoto, P. Harrington, D. Gill, R. Pendkar, S. Younis, M. Cataldo
George Russell, Conservation Agent
Minutes: There was a motion made by Mark Cataldo to accept the minutes of the December 19th meeting with the changes so noted. The motion was seconded by Marc DePoto and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Minor Permit Modification: Lot 2 Silver Fox Road – William Ronca – SE159-907
Mr. George Russell, Conservation Agent, informed the Commission members that he has reviewed this application and discussed the revisions with the applicant’s engineer. They have requested the minor modification for the retaining wall, deck and the impervious surfaces and they have removed the direct drainage discharge into the wetlands.
Mr. Russell recommended that this be acted on before the release of the Orders of Conditions.
There was a motion made by Marc DePoto to issue the minor permit modification for Lot 2 Silver Fox Road. The motion was seconded by Dayna Gill and accepted with a vote of 7-0-0.
Certificate of Compliance: Lot 2 Silver Fox Road – SE159-907
There was a motion made by Ravi Pendkar to approve the Certificate of Compliance for Lot 2 Silver Fox Road. The motion was seconded by Mark Cataldo and accepted with a vote of 7-0-0.
Certificate of Compliance: 18 Island Road - CE159-1032
Mr. Russell informed the Commission members that all of the work has been completed and all the work is underground with the exception of some seeding and recommended that the Commission members approve the Certificate of Compliance.
There was a motion made by Mark Cataldo to issue the Certificate of Compliance for 18 Island Road. The motion was seconded by Paul Harrington and accepted with a vote of 7-0-0.
Discussion: Legal Workshop with Mark Cerel
Mr. Russell informed the Commission that this workshop has been postponed and will be held during a Planning Board meeting on February 10th.
Public Meeting – Request for Determination – 28 Stewart Street – Sullivan
Mr. Steven Younis, Conservation Commission member, recused himself from this public meeting.
Ms. Maria Sullivan, homeowner of 28 Stewart Street, appeared before the Commission for the removal of a tree branch and 1 white pine tree. Ms. Sullivan stated that the pine tree was in danger of falling as it was rotted. She cut it down due to this fact.
Mr. Russell stated that there was very limited damage in the flood plain and recommended that the Commission issue a Negative Determination.
There was a motion made by Ravi Penkar to issue a Negative Determination for 28 Stewart Street. The motion was seconded by Dayna Gill and accepted with a vote of 6-0-0.
Public Meeting – Request for Determination – DelCarte Conservation Area, Playground & Recreational Area - DPW
Mr. Michael Maglio, Town Engineer, and Mr. Jay Mello, Assistant Town Engineer, both appeared before the Commission for invasive species removal at this site.
Mr. Russell will work with the DPW and if it appears that they will have to revegetate, they will first obtain the Commission’s approval as to the location of what they will do and how it will be done.
Mr. Andy Tolland, resident of Franklin and former Conservation Commission member, appeared before the Commission with photographs which have been added to the Conservation file. He stated in the application narrative that there were 3 species observed on the site.
Mr. Tolland stated that the original proposal was to only cut the vegetation and currently the proposal is to cut and apply herbicides. He gave the Commission an overview of the invasive species he observed on the site. He stated that the DPW will need some guidance on what to cut and what not to cut.
Mr. Mike Maglio stated that he will work with George to identify the areas what is to be cut and he will observe the work. He will clean out the vegetation in the playground and parking area as well.
Mr. Russell addressed the report prepared by the New England Wildflower Society (NEWS) that identified the invasive species that were found on site during a site visit on December 30, 2013. Mr. Russell indicated that his office and DPW will work with the NEWS to develop a plan to identify, the procedures to remove, and the procedures to apply herbicides to these invasive plant species. He stated that the New England Wildlife Society will work with the Town to identify the plants to be cut.
Mr. Maglio will visit the site with Mr. Russell to put up some flags to identify what gets cut and not cut so as to not remove native species. There will be no disturbance of the bank. He will contact New England Wildflower and ask them for guidance and assistance in the identification process and the best method of cutting so as there is no clear-cutting of vegetation that shouldn’t be cut.
Mr. Russell will work with the DPW to identify what will and will not be cut and how it will be performed prior to any work beginning. Mr. Maglio will bring the list back to the Commission for approval to identify how this process will be done and bring it to the next meeting before any Negative RDA is issued.
There was a motion made by Ravi Pender to continue this project to the next meeting on January 30th, to allow time for the town to work with NEWS to develop the appropriate plans to remove the invasive plants. The motion was seconded by Mark Cataldo and accepted with a vote of
7-0-0.
Public Hearing – Notice of Intent – 137 Mastro Drive – Lewis - CE159-1058
Mr. Bruce Wilson, Engineer & Principal of Waterman Associates, and Mr. Danny Lewis, the applicant, both appeared before the Commission for a limited project for a stream crossing and for the construction of a house, barn and erect livestock fencing at 137 Mastro Drive.
Mr. Wilson submitted plans for the project and gave the Commission members a detailed overview of these plans. He stated that there is an intermittent stream on the property which runs into Shepard’s Brook. Mr. Wilson stated that he will submit stream stats so as to determine the nature of the stream; i.e., whether it is intermittent or perennial.
Mr. Wilson stated that there will be a 16 ft. wide driveway for emergency services access.
Mr. Russell conducted three site visits and the wetlands line and flaging is now believed to be correct. Mr. Russell noted that during all three visits the stream contained flowing water. Additional issues are outlined in the attached Agent’s report.
Mr. Robert Cloudier, an abutter of 10 Woodhaven Drive, questioned as to the meaning of uplands. Mr. Russell gave him an explanation of the meaning of this.
Ms. Jennifer Robinson, an abutter of 134 Mastro Drive, questioned if a determination has been made if there are any vernal pools located on the site. Mr. Russell informed Ms. Robinson that the applicant would have to sign the application and attest to the fact that there are no vernal pools located on the site.
Mr. William McDonough, an abutter of 127 Mastro Drive, questioned if the abutters are allowed to attend the site walk. Mr. Russell stated that the abutters are allowed to participate in the site walk.
Mr. John Voelluricke, an abutter of 16 Woodhaven Drive, questioned if the project is subject to a zoning hearing as well. The Chairman informed him that they are separate issues.
Mr. Pete Malacaria, an abutter of 123 Mastro Drive, questioned what is happening with the stormwater and its impact. Mr. Wilson stated that the project is not subject to stormwater standards as the project is only for 1 single-family house. He also stated that there is another stream on the property.
Mr. Craig Drinkwater, an abutter of 20 Woodhaven Drive, asked where will the water go after construction. He has flooding in his basement presently. The Chairman stated that there will be a culvert installed during this work to collect the water flow.
Mr. Kevin Collins, an abutter of 14 Woodhaven Drive, questioned what is the minimal allowable size that this road could be as far as a safety requirement. Mr. Russell stated that would be up to the Inspection Department.
Mr. Ed Twomey, an abutter of 3 Crystal Drive, questioned what is a wetland replication. Mr. Wilson gave Mr. Twomey a description of what this is and offered to have the wetland biologist attend the next meeting.
The Commission members will conduct a site walk of the property on Sunday, January 12th at 10 a.m. and also on Wednesday, January 15th at 4 p.m.
Ms. Deborah Pepperell, an abutter of 12 Woodhaven Drive, raised the question of the nature of the stream and asked how the data determines if the stream is intermittent or perennial. Mr. Russell informed her that there are very definitive ways mandated by the DEP to determine the stream status.
Ms. Anne Marie Mage man, an abutter of 8 Woodhaven Drive, questioned the number of observations that must be made in order to determine the stream status. Mr. Russell stated that there must be 4 observations within a certain time frame that there is no running water in the stream bed and the burden of proof is on the applicant to prove it.
There was a motion made by Steven Younis to continue the hearing until the January 30th meeting. The motion was seconded by Mark Cataldo and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – 14 Garnet Drive – Precool - CE159-1057
Mr. Ed Precool, the applicant, and Mr. Paul Cutler, Engineer of Landmark Engineering, both appeared before the Commission for the construction of a single-family house.
Mr. Cutler submitted revised plans for the project and gave the Commission a detailed overview of these plans. The wetlands have been reflagged by a botanist.
Mr. Cutler stated that a proposed deck has been added to the plan as well. There is some grading proposed as well in the buffer zone. There will be a filter mitt along the rear of the house to prevent erosion into the wetlands. There is also some roof drainage proposed along the front and the rear of the house.
Mr. Cutler also stated that the siltation line would also be the limit of tree clearing. Also, some plant species have added to the plan. There is some mitigation needed along the rear of the site. Also, some placards placed on the existing trees to denote the edge of Conservation jurisdiction was suggested so the future owners do not disturb that area.
Mr. Russell stated that he has never seen this plan as it was submitted yesterday and requested some explanation from Mr. Cutler regarding these revisions. Are you planning to clear cut between the house and the erosion control?
Mr. Russell informed the Commission members that he has visited the site and reviewed the wetland flags and is in agreement with their placement.
The Commission will conduct a site walk of the property on Sunday, January 12th at 11 a.m. and Wednesday, January 15 at 3 p.m.
There was a motion made by Steven Younis to continue the hearing until January 30th. The motion was seconded by Mark Cataldo and accepted with a vote of 7-0-0.
Signed Certificates of Compliance and Determination of Applicability
Determination of Applicability (Negative) – 28 Stewart Street – Sullivan
Certificate of Compliance – Lot 2A Silver Fox Road – Ronca – SE159-907
Certificate of Compliance – 18 Island Road – Uncaught – CE159-1032
There was a motion made by Paul Harrington to adjourn the meeting. The motion was seconded by Dayna Gill and accepted with a vote of 7-0-0.
The meeting adjourned at 9:15 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secre
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