Minutes of Meeting
May 1, 2014
To: Town Clerk
cc: Members
File
Present: J. Livingstone, D. Gill, S. Younis, R. Pendkar, M. Cataldo, George Russell, Conservation Agent
Absent: M. DePoto, P. Harrington
There was a motion made by Mark Cataldo to accept the minutes of the March 27th meeting with 2 changes. The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.
There were several changes to the April 17th minutes and they were tabled until the next meeting so that the revisions made be reviewed.
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Certificate of Compliance: 236 Daniels Street (Lot 40A)
Mr. Russell recommended that this Certificate of Compliance not be granted as the site conditions are not in compliance with the approved plan. There is significant erosion on the site, the vegetation has not grown and the erosion control barriers have failed. The homeowners will contact a landscaper to correct these problems.
Certificate of Compliance: 678 Pleasant Street - CE159-981
Mr. Russell informed the Commission members that he has inspected the site and it is in compliance with the approved plan. The plan was originally for 2 houses and recommended that the Commission issue a partial release of conditions so that only the house before the Commission at tonight’s meeting can be released.
There was a motion made by Dayna Gill to issue a partial release of conditions for 4 Green Street. The motion was seconded by Mark Cataldo and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – 13 Haverstock Road – Connolly – CE159-1063
Mr. Steve Younis, Commission member, recused himself from this public hearing.
Mr. Paul DeSimone, Engineer of Colonial Engineering, appeared before the Commission for the construction of addition and deck to existing single-family house. Mr. DeSimone stated that the addition is 24’x24’ in size and the deck is 24’x16’. Mr. DeSimone stated that 15 sq. ft. will be disturbed. There will be shrubs put in for mitigation.
There is no proposed roof runoff for the project. There will be erosion control measures in place to avoid erosion.
Mr. Russell stated that the DEP file number was just received late today and the hearing can be closed.
There was a motion made by Dayna Gill to close the hearing for 13 Haverstock Road. The motion was seconded by Mark Cataldo and accepted with a vote of 5-0-0.
There was a motion made by Mark Cataldo to approve the plan for 13 Haverstock Road with special conditions 20 through 29 and 34&38 with the elimination of the roof runoff leaching field. The motion was seconded by Dayna Gill and accepted with a vote of 4-0-1; 4 Yes, 0 No,
1 Abstention.
Public Meeting – Request for Determination – DelCarte Conservation Area, Playground & Recreation Area – DPW
Mr. Jay Mello, Assistant Town Engineer, and Mr. Jeff Nutting, Town Administrator, both appeared before the Commission for invasive species removal at the DelCarte site on Pleasant Street.
Mr. Mello gave the Commission a detailed overview of the details of the project and how the invasives will be removed. The Chairman questioned as to the method of the herbicide application. Mr. Mello described this process in detail.
The Chairman gave the Commission an overview of this project so far as it was before the Commission previously. A bucket truck will be used to remove the bittersweet.
Mr. Andy Tolland, a Pond Street resident, appeared at tonight’s meeting and recommended procedures on the herbicide applications to Mr. Mello. He also stated that that individual should be licensed. What will happen to the area after the invasives have been removed? Will the grapevines be marked so that they are not cut during this process? Mr. Mello will look into this matter.
There was a motion made by Mark Cataldo to close the hearing for the DelCarte invasive species project. The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.
There was a motion made by Mark Cataldo to issue a Negative Determination with the special conditions that a licensed applicator must be used for the herbicides, a progress report must be made within a year (May 2015) to initiate any steps that need to be taken and the grapevines
must be marked and left in their present condition. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
Public Meeting – Request for Determination – DelCarte Conservation Area, Playground & Recreation Area – DPW
Mr. Jay Mello, Assistant Town Engineer, appeared before the Commission for the installation of a boardwalk and canoe launch on Pond 4. Mr. Mello gave the Commission a detailed overview of the project.
Mr. Andy Tolland, a resident of 740 Pond Street, appeared at tonight’s hearing and submitted a letter with some comments from the last meeting and this letter was read by the Chairman and has been added to the Conservation file.
Mr. Mello stated that the spacing between the railings will be in compliance with the building code.
There was a motion made by Steve Younis to close the public hearing for the DelCarte Conservation Area installation of the boardwalk and canoe launch project on Pond 4. The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.
There was a motion made by Ravi Pendkar to issue the Orders of Conditions for the Delcarte Conservation Area, Boardwalk and Canoe launch with the special conditions 23, 24, 25, 26, 28 & 31. The motion was seconded by Mark Cataldo and accepted with a vote of 5-0-0.
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 distributed a supplemental agent’s report regarding this public hearing.
Mr. Nielsen submitted revised plans and provided the Commission with an overview of what transpired with the Planning Board at their last public hearing. At the next meeting, he will provide the Commission with more information. He reviewed the details of the plan for Commission review.
Mr. Nielsen presented the Commission with three alternatives for access to the site and these are depicted on the plan submitted at tonight’s public hearing. At the next meeting, he will review the proposed location of the replication area on the site.
Mr. Nielsen stated that he did address the required information to the DEP.
An ANRAD is in place to define the riverfront and resource areas from January 2013.
There was a motion made by Dayna Gill to continue the public hearing for the Village at Cook’s Farm until May 15th. The motion was seconded by Mark Cataldo and accepted with a
vote of 5-0-0.
Extension Permit: Off Uncas Avenue – SE159-813
Mr. Russell stated that this permit is only under the Local Bylaw and only one more extension for one year is allowed.
There was a motion made by Ravi Pendkar to extend the permit for Uncas Avenue for 1 additional year. The motion was seconded by Mark Cataldo and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Discussion: Forest Cutting Plan – Franklin/Wrentham Town Line
Mr. George Russell, Conservation Agent, stated that he received the application in the Conservation office. Unfortunately, it stated that they were going to begin cutting in April. He was unable to gain access to the site as he did not have the legal authority to gain access from the owner.
The State Forestry Commission stated that a letter would be optimal. The Commission authorized Mr. Russell to send a letter addressing any concerns or comments that the Commission may have.
Discussion: Commission meetings/procedures
Mr. George Russell, Conservation Agent, initiated a discussion regarding some revisions to the Agenda; i.e., numbering and order of hearings, etc. He made some suggested changes and the Commission was in agreement with these changes. Also discussed were some changes to the manner in which information and correspondence is handled. Also, deadlines for which supplemental information will be accepted was discussed.
Enforcement: 860 West Central Street
Mr. George Russell, Conservation Agent, stated that there is a sewer overflow problem at this site. The property owner was notified and has not responded. He recommended that the Enforcement Action be authorized by the Commission to order the owner to comply with the conditions stipulated in this Order. The DPW is aware of the problem. The Order demands immediate remediation and the applicant is required to file a Notice of Intent.
There was a motion made by Mark Cataldo to authorize George Russell to send the Enforcement Order to the property owner at 860 West Central Street to start the process discussed. The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.
Enforcement: 16 Crystal Pond Lane
Mr. George Russell, Conservation Agent, stated that this Order is to stop the illegal activity on the site. There have been 5 letters sent to the owner. He observed fill in the buffer zone and vegetative debris put in the wetlands. The Enforcement Order is to immediately remove the debris from the wetland area and put up erosion control barriers.
There was a motion made by Mark Cataldo to issue the Enforcement Order for 16 Crystal Pond Lane. The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.
Signed Determination of Applicability, Certificate of Compliance, Orders of Conditions & Extension Permit
Certificate of Compliance – 678 Pleasant Street – Palladini - CE159-981
Orders of Conditions – DelCarte Boardwalk & Canoe Launch – DPW - CE159 - 1062
Extension Permit – Off Uncas Avenue – Walsh Brothers - SE159-813
Determination of Applicability (Negative) DelCarte Conservation - Invasive Species - DPW
There was a motion made by Mark Cataldo to adjourn the meeting. The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.
The meeting adjourned at 9:20 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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