Minutes of Meeting
March 27, 2014
To: Town Clerk
cc: Members
File
Present: J. Livingstone, M. DePoto, P. Harrington, D. Gill, R. Pendkar, M. Cataldo
George Russell, Conservation Agent
Absent: S. Younis
Discussion: 727 Washington Street
Mr. Jiji Varugese, the property owner, appeared before the Commission to address a matter of depositing fence material and debris in the wetland area behind his house.
The Chairman stated that at the last Conservation meeting, there was a vote taken that Mr. Varugese must file a Notice of Intent for a restoration plan for this area. Mr. Varugese stated that he received the letter from the Conservation Agent on February 11th ordering him to stop work in the wetlands area. Mr. Varugese stated that he consulted an engineering firm. Mr. Varugese proceeded to clean it up and remove the debris without obtaining a permit from Conservation.
Mr. Russell informed the Commission that the damage done to the water body underneath is still unknown. DEP feels strongly that a restoration plan needs to be submitted. There is still debris in the buffer area and the slopes are steep.
Mr. Russell recommended that Mr. Varugese submit the recommendations of the wetland scientist in writing.
There was motion made by Mark Catalo to issue an Enforcement Order requiring that a restoration plan be submitted by April 17th. The motion was seconded by Dayna Gill and accepted with a vote of 6-0-0.
There was a motion made by Mark Cataldo to postpone the requirement to submit a NOI pending the submittal of the restoration plan. The motion was seconded by Ravi Pindar and accepted with a vote of 6-0-0.
Minutes: There was a motion made by Marc Depoto to accept the minutes of the March 6th, 2014 meeting. The motion was seconded by Mark Cataldo and accepted with a vote of 6-0-0.
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Public Hearing - Notice of Intent – Village at Cook’s Farm – 636 & 664 East Central Street = CE159-1061
Mr. Ron Rioux, the applicant, and Mr. Donald Nielsen, Engineer of Guerriere & Halnon, both appeared before the Commission for the construction of 55 single-family houses.
Mr. George Russell, Conservation Agent, stated that there are 3 issues bearing on this application:
- the application is incomplete and there is no drainage information submitted to date,
- some modifications need to be made to the plan
- the Planning Board must first approve the roadway for the project before the Commission can take action
Mr. Ron Rioux gave the Commission members an overview of the project in order to familiarize them with the project.
Mr. Russell stated that all of his comments have been addressed. He will speak with the Town Planner regarding the technical issues.
There was a motion made by Marc Depot to continue the hearing for the Village at Cook’s Farm until the April 17th meeting. The motion was seconded by Mark Cataldo and accepted with a vote of 6-0-0.
Continued - Public Meeting – Request for Determination – Delcarte Conservation Area surrounding Ponds 3&4
Mr. Jeff Nutting, Town Administrator, and Mr. Jay Mello, Assistant Town Engineer, both appeared before the Commission for trail clearing and maintenance work. Mr. Mello gave the Commission members an update on what has transpired on the project since the last meeting.
A revised plan has been submitted with the proposed locations of the trails, which were flagged 2 week ago. There are 2 major points of access to the site.
Ms. Emma Goulet, a Franklin student, also attended the meeting and passed out examples of the trail markers she is proposing for the site. They will be constructed primarily of wood.
Mr. Andy Tolland, a Pond Street resident, asked if the width of the trails has been addressed. Also, Mr. Tolland inquired about how much disturbance of the soils will take place. Have these items been addressed? Mr. Mello stated that the trails will be 4 ft. in width and the stumps will be removed for safety purposes. It will result in a fractional amount of soil disturbance. There will be no tree cutting in this project.
A Commission member stated that he would recommend that the trails be no more than 5 ft. in width.
There was a motion made by Mark Cataldo to close and approve the plan for the DelCarte Conservation Area surrounding ponds 3&4 with the conditions that the signs be placed in accordance with the layout on the plans and that the trails are no wider than 5 ft. The motion was seconded by Marc Depoto and accepted with a vote of 6-0-0.
Discussion: Modification for 7 Shawkemo Path
Mr. Paul Lacroix and Karon Catrone, Wetland Scientist, both appeared before the Commission for a minor revision to the Orders of Conditions for this project. Mr. Lacroix submitted a revised plan depicting this change which will be a step in the rear of the house and a retaining wall on each side of the slab. There will be no change to the footprint during this work.
There was a motion made by Dayna Gill that this modification does not require a new Notice of Intent filing. The motion was seconded by Marc DePoto and accepted with a vote of 6-0-0.
There was a motion made by Dayna Gill to approve the plan dated March 27th, 2014 for 7 Shawkemo Path proposing a 3-season porch at 7 Shawkemo Path. The motion was seconded by Mark Cataldo and accepted with a vote of 6-0-0.
Permit Decision: 176 Cottage Street – CE159-1060
There was a discussion regarding the issuance of Orders of Conditions for this project.
There was a motion made by Paul Harrington to issue the Orders of Conditions for 176 Cottage Street with all of the special conditions with the exception of #19, 32, 42, 43 & 45. The motion was seconded by Mark Cataldo and accepted with a vote of 6-0-0.
Discussion: Special Conditions
Mr. Russell presented the Commission members with a standard set of special conditions for review and approval. The Commission members agreed to use this set of conditions in the future.
Certificates of Compliance: Lot 6-4 & Lot 6-5 Grace Lane - CE159-1023
Mr. Russell recommended that the above Certificates of Compliance not be granted as the Town is not ready to accept the roadway. This matter will be continued until this has been completed.
Certificate of Compliance: 348 East Central Street - CE159-992
Mr. Russell informed the Commission members that the applicant for this project has some technical issues that are being worked out at the present time. Therefore, he recommended that this matter be continued until the applicant is prepared to proceed.
Certificate of Compliance: 153 Pine Street - SE159-470
Mr. Russell stated that he recommends the issuance of this Certificate of Compliance. The engineer’s certification has been received and he has conducted a site inspection and the site is in compliance with the original Orders of Conditions.
There was a motion made by Mark Cataldo to issue the Certificate of Compliance for 153 Pine Street. The motion was seconded by Paul Harrington and accepted with a vote of 6-0-0.
Signed Enforcement Order, Determination of Applicability, Certificate of Compliance & Orders of Conditions
Enforcement Order - 727 Washington Street – Jiji Varugese
Orders of Conditions – 176 Cottage Street – Staniscia - CE159-1060
Certificate of Compliance – 153 Pine Street – Tucker - SE159-470
Determination of Applicability (Negative) DelCarte Trail Clearing & Maintenance
There was a motion made by Ravi Pendkar to adjourn the meeting. The motion was seconded by Dayna Gill and accepted with a vote of 6-0-0.
The meeting adjourned at 8:50 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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