Minutes of Meeting
April 17, 2014
To: Town Clerk
cc: Members
File
Present: J. Livingstone, M. DePoto, P. Harrington, D. Gill, S. Younis, R. Pendkar, M. Cataldo
George Russell, Conservation Agent
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Certificates of Compliance: 26 Beech Street - CE159-1005
Mr. Russell recommended that this Certificate of Compliance be granted as the site conditions are in compliance with the approved plan.
There was a motion made by Paul Harrington to approve the Certificate of Compliance for 26 Beech Street. The motion was seconded by Mark Cataldo and approved with a vote of 7-0-0.
Certificate of Compliance: 96 Populatic Street - CE159-991
Mr. Russell informed the Commission members that he has inspected the site and it is in compliance with the approved plan.
There was a motion made by Paul Harrington to approve the Certificate of Compliance for 96 Populatic Street. The motion was seconded by Marc DePoto and approved with a vote of 7-0-0.
Extension Permits: Lots 1, 2 & 3 Marine Way
Mr. Russell stated that this application is 6 years old and the permit has expired. He has requested that the applicant have a wetland scientist submit a report attesting to the conditions of the land. It has not yet been received and he recommended that the extensions not be granted.
Mr. Robert Ruley, the general contractor, appeared at tonight’s meeting and stated that he would like to continue this matter to the next meeting on May 1st so that he may have sufficient time to have the wetland scientist’s report.
Public Meeting – Request for Determination – Dacey Community Fields – 700 Lincoln Street – DPW
Mr. Jay Mello, Assistant Town Engineer, and Mr. Jeff Nutting, Town Administrator, both appeared before the Commission for trail clearing and maintenance work at the Dacey Fields.
Mr. Mello gave the Commission a detailed overview of the proposed work, which is an Eagle Scout project. He described the site conditions of the fields. No wetlands will be impacted; the work will be however in the buffer zone.
There will be signage in the disc golf course to mark wetland lines. The signs will be erected on posts. Mr. Mello will supervise the Eagle Scout’s work while in progress.
There was a motion made by Ravi Pendkar to issue a Negative Determination for the Dacey Fields trail maintenance application with the condition that trail markers must be placed on the trees and not on the fence posts. The motion was seconded by Mark Cataldo and accepted with a vote of 7-0-0.
Discussion: Dacey Field Disc Golf – DPW
Mr. Jay Mello, Assistant Town Engineer, appeared before the Commission for a discussion regarding the disc golf course at the Dacey fields. Mr. Mello stated that the planks in the wetlands have been removed and there is a plan in progress regarding where they should be placed.
Some walkways were built by high school students and 4 major sections of walkway were installed. There are signs on the site to inform residents that they are in environmentally sensitive areas. They will be erected on the trees.
The last portion of the project is the replacement of the 2 bridges which run over the stream.
Public Hearing – Notice of Intent - Delcarte Conservation Area, Pleasant Street – DPW
Mr. Jeff Nutting, Town Administrator, and Mr. Jay Mello, Assistant Town Engineer, both appeared before the Commission for the installation of a boardwalk and canoe launch on pond 4.
Mr. Mello gave the Commission members a detailed overview of the scope of the proposed work. There will a canoe launch and boardwalk installed on pond 4 for boat access. There will be 3 poles augured into the pond for the canoe launch and for the boardwalk, there will be 10 poles installed for anchoring purposes.
There will be no negative impact to the bank. There will be no erosion controls installed due to the scope of the work they would, in fact, be more intrusive to the pond. The boardwalk will be composed of a plastic composite material.
Mr. George Russell, Conservation Agent, recommended that the Commission do not close the public hearing as no DEP file number has yet been received.
Mr. Joseph Fox, an abutter of 9 Matthew Drive, expressed concerns regarding the location of pond 4 and inquired if power boats will be allowed in pond 4. Mr. Mello stated that no power boats will be allowed. He will be requesting that residents using the canoe launch wash off the bottoms to eliminate any invasive species being transported into the pond.
Mr. Andy Tolland, a Pond Street resident, stated that the Notice of Intent does not address the construction sequence process. Do the railings conform to the Town building code? Will the steep slopes in the area be left undisturbed? Mr. Mello stated that these slopes will be left undisturbed.
Mr. Mello informed the Commission that a Franklin family has contacted him regarding putting up a memorial bench on the property to dedicate to their late father possibly around pond 4. He sought the input of the Commission members regarding this matter. It was questioned as to what is the policy for this type of bench? This matter regarding the policy was tabled until a future Conservation meeting.
There was a motion made by Mark DePoto to continue the public hearing until May 1st so that a DEP file number is received. The motion was seconded by Mark Cataldo and accepted with a vote of 7-0-0.
Discussion: Vegetation Management - DPW
Mr. Jay Mello, Assistant Town Engineer, appeared before the Commission for the vegetation management plan which is approved by the Commission on a five-year basis and it was approved last year. Mr. Mello stated that they have added one point to this plan and that is the removal of the invasive species.
The Commission asked how will they be identified and how will they be removed? Mr. Russell stated that all of this work will take place in the right-of-ways. The Chairman’s signature is required on the application, which was signed at the meeting.
Public Meeting – Request for Determination – 64 Maple Street – Acevedo
Mr. & Mrs. Robert Acevedo, both appeared before the Commission for the construction of a seasonal agricultural structure on the lawn at their residence.
Mr. Acevedo gave the Commission an overview of the proposed work which will take place in the backyard of his residence. This is a 14’ x 48’ hoop house which is similar to a greenhouse. There is no digging involved; the poles are driven into the ground. The hoop house will have 26 poles spaced 4 ft. apart.
Mr. Russell stated that the structure is already up and will be taken down before the winter.
Ms. Acevedo requested permission to remove debris from the wetlands surrounding her residence and the Commission informed her that this would be permissible as long as it is done by hand.
There was a motion made by Marc DePoto to approve the amended application for 64 Maple Street. The motion was seconded by Dayna Gill and accepted with a vote of 7-0-0.
Continued - 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 homes.
Mr. Russell stated that this plan is currently under Planning Board review and recommended that no addition testimony be taken and that the hearing be continued based on the fact that the Commission will not be able to act until the Planning Board accepts the road. There are also significant issues from DEP regarding the stormwater and the peer review, which has not been completed. Also, the Town Engineer has not yet completed his review. There are numerous outstanding issues remaining to be resolved and recommends that no additional information be taken. Once all of these issues are addressed, the Commission should then take testimony from the applicant.
There was a motion made by Mark Cataldo to continue the hearing until May 1st until we receive notice from the Planning Board that these conditions have been met. The motion was seconded by Paul Harrington and accepted with a vote of 7-0-0.
There are 7 comments to be addressed from the DEP and Mr. Russell enumerated these comments for the applicant. Mr. Russell will speak to the Town Planner and the ZBA to obtain their recommendations on this matter.
GENERAL BUSINESS
Discussion: 727 Washington Street
Mr. Jiji Varugese, property owner of 727 Washington Street, appeared before the Commission to address the issues which have taken place at his property.
Mr. Russell stated that the applicant is present tonight and that an Enforcement Order was issued to the property owner to provide a remediation plan. This plan was submitted in a timely manner. He also required a report from a wetland scientist and this has been received and it was deemed that there was no degradation to the wetlands.
Mr. Russell informed the Commission that the damage down to the land under the water body as well as the bank is still unknown. DEP is of the opinion that a restoration plan needs to be submitted and this should have been required as soon as the violation was observed. There is still debris in the buffer area that needs to be removed and given the steep slope this removal plan should be developed by a wetlands scientist so as to minimize any damage to the area. In addition, Mr. Russell noted that the property owner removed the subject material after he was informed not to do so and until the Commission approved the removal.
The Commission required Mr. Varugese to file the RDA along with the plan in order to complete the work.
There was a motion made by Dayna Gill that the applicant for 727 Washington Street to file a RDA to implement the remediation plan and to remove the existing vegetative and other debris within the buffer area. The motion was seconded by Mark Cataldo and accepted with a vote of 7-0-0.
Discussion: Emeritus – 656 King Street
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for a minor amendment to address a planting plan change for the Emeritus site. Mr. Nielsen presented a plan dated February 19th, 2014 for which he requested approval at tonight’s meeting, which is to relocate the shrubs. There are 9 shrubs which they are seeking to relocate along the northerly property line of Paul & Debbie Murphy. This would be done to maintain the screening and also to insure the survivability of the plantings. There would be the same number of shrubs.
Mr. Russell stated that the impact to the wetlands is less than in the previous plan.
Ms. Debbie Murphy, an abutter of Forest Street, was present at tonight’s meeting and wished to address her comments to the Commission.
Mr. Russell stated that this is not a public hearing and no comments should be addressed from Ms. Murphy and there is no requirement from the Commission to hear comments from the abutters. If the Commission wishes to do so, the applicant should go through the abutter notification process so that all abutters are notified. The Chairman informed Ms. Murphy that they cannot take any testimony from her at tonight’s meeting.
There was a motion made by Paul Harrington that the final revised plan of April 8th, 2014 represents a minor modification and does not require the filing of another NOI. The motion was seconded by Mark Cataldo and accepted with a vote of 6-1-0; 6 Yes, 1 No, 0 Abstentions.
Signed Determinations of Applicability & Certificates of Compliance
Certificate of Compliance – 96 Populatic Street – O’Connor – CE159-991
Determination of Applicability (Negative) – 64 Maple Street – Acevedo
Certificate of Compliance – 26 Beech Street – Williamson - CE159-1005
Determination of Applicability (Negative) Dacey Fields – 700 Lincoln Street - DPW
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 7-0-0.
The meeting adjourned at 9:40 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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