Minutes of Meeting
May 29, 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.
Public Meeting – Request for Determination – 169 Pine Street – Butler
Mr. Rick Tobin, a representative of Tobin Building & Remodeling, appeared before the Commission for the construction of a porch. Mr. Tobin stated that he is constructing a 10’x12’ porch and will be reusing footings. One footing will need to be removed during this construction and one new footing will be placed in its location.
Mr. George Russell, Conservation Agent, stated that he would like to be notified at the start of construction and that he be authorized to mandate the placement of the erosion controls barriers for this site if they are needed.
There is no topology drawn on the maps to depict runoff during construction. Mr. Tobin stated that he will dispose of the debris appropriately, Will there be any mitigation for roof runoff? The Commission recommended that the footprint of the stone be extended 6-8” further than the footprint of the deck to capture roof runoff.
There was a motion made by Mark Cataldo to issue a Negative Determination with the condition that the stone be extended around the deck and if erosion controls are necessary, that they be installed. The motion was seconded by Marc DePoto and accepted with a vote of 7-0-0.
Public Meeting – Request for Determination – 5 Dwight Street – Phoenix
Mr. Christopher Phoenix, the homeowner, appeared before the Commission for the removal of trees. He stated that he was stopped taking the trees down by the Conservation Agent. The photos depict 1 remaining tree; there were 10 trees taken down.
George Russell, Conservation Agent, stated that he received a complaint regarding this on-going work and found the clearing on the site and there was also some concrete curbing on site that the applicant planned to use. A letter was sent to the applicant ordering him to stop work. He subsequently filed an RDA. All of the work is taking place in the buffer zone.
Mr. Russell recommended that if a permit is granted to the applicant that any erosion control barriers be installed and inspected by the Conservation Office and that he be notified before any additional clearing takes place. Mr. Russell informed the Commission that 90% of the work is taking place in the 50’-100’ buffer zone.
Mr. Phoenix would like to put some shrubs in along the driveway. The Commission requested a planting plan and a plan depicting the mitigation for the site.
The Commission will conduct a site walk of the property on Thursday, June 5th at 6:45 p.m.
There was a motion made by Marc DePoto to continue the hearing for 5 Dwight Street until June 12th. The motion was seconded by Dayna Gill and accepted with a vote of 7-0-0.
Public Meeting – Request for Determination – 727 Washington Street – Varughese
As the applicant was not present at tonight meeting, there was a motion made by Mark Cataldo to continue the hearing for 727 Washington Street until June 12th. The motion was seconded by Dayna Gill. The applicant appeared at the hearing and the motion was withdrawn by Mark Cataldo.
Jeff Livingstone, Conservation Commission Chairman, recused himself from this public hearing.
Mr. Jiji Varughese, the property owner, appeared before the Commission for the removal of wood fencing debris. A restoration plan has been submitted from the applicant’s wetland scientist.
Mr. Russell stated that if a Negative Determination is issued by the Commission, he recommends 2 stipulations:
- The Conservation Office should be notified when the restoration work
is to begin and when it is completed; and
- The applicant’s wetlands scientist should submit a report in writing to the
Commission via my office that all restoration work was completed according to the approved plan.
Mr. Varughese requested that he be allowed to send in a letter attesting to the fact that the work has been completed and not have the wetland scientist revisit the site and prepare the report.
The Commission members informed Mr. Varughese that the wetland scientist and not the applicant must prepare and submit a report attesting to the fact that the restoration work has been done according to the plan.
There was a motion made by Paul Harrington for a Negative Determination to be issued for 727 Washington Street with the following stipulations:
- The Conservation Office should be notified when the restoration work
is to begin and when it is completed; and
- The applicant’s wetlands scientist should submit a report in writing to the
Commission via my office that all restoration work was completed according to the approved plan.
The motion was seconded by Mark Cataldo and accepted with a vote of 6-0-0.
Public Meeting – Request for Determination – 4 Elm Street – Caruso
Mr. Stephen O”Connell, Engineer of Andrews Survey & Engineering, and Ms. Janette Caruso, the applicant, both appeared before the Commission for tree clearing on Ms. Caruso’s property.
Mr. Russell, Conservation Agent, informed the Commission that he requested additional information and details from the applicant’s surveyor. The Conservation Commission has a policy that revised plans must be submitted at least 48 hours before the meeting in order for staff to have time to review them. The plans were received on Wednesday, May 28th at 3:15 p.m. thus leaving insufficient time for review.
Mr. O’Connell requested an opportunity to present the plans given that the revisions in the plan are minor in nature. Two notes were added in the revised plans based on George’s comments. Mr. O’Connell also stated that they would like to do some tree removal in the backyard. All of the proposed work is outside of the 50 ft. buffer zone. There are no proposed changes to the grade. The area of tree removal will be loamed and seeded and erosion control barriers will be installed. Once the area is stabilized, the erosion control barriers will be removed.
The Commission requested that organic and no phosphorous fertilizers be used on the lawn.
The Commission members will conduct a site walk of the property on Thursday, June 5th at 7:15 p.m.
There was a motion made by Marc DePoto to continue the hearing for 4 Elm Street until June 12th. The motion was seconded by Dayna Gill and accepted with a vote of 7-0-0.
Public Hearing – Notice of Intent – 15 Bald Hill Drive – Goodermuth – CE159-1065
Marc DePoto, Conservation Commission member, recused himself from this public hearing.
Mr. Jason Dubois, Engineer of Bertin Engineering, and Mr. & Mrs. David Goodermuth, all appeared before the Commission for the construction of an in-ground swimming pool.
Mr. Dubois submitted the certificates of mailings but did not have the green cards which confirm receipt of the mailings by the abutters. Mr. Russell informed the Commission members that there is a legal problem as the certificates of mailings do not satisfy the statute; the green cards must be submitted. Mr. Dubois stated that he will renotify the abutters by certified mail and bring the green cards to the next Conservation meeting.
Mr. Russell stated that the applicant contact the Conservation Office to obtain a time for the hearing and send out abutter notices again. He recommended recessing the hearing until June 12th at 7:15 p.m. The Chairman informed Mr. Dubois that he must renotify the abutters with this date and time of the hearing.
There was a motion made by Paul Harrington to continue the public hearing for 15 Bald Hill Drive until June 12th at 7:15 p.m. The motion was seconded by Mark Cataldo and accepted with a vote of 6-0-0.
Continued – Request for Determination – 210 Grove Street – Duane Equipment
Mr. John Carbone, a representative of Duane Equipment, appeared before the Commission for the removal of 2 silos. Mr. Russell stated that at the last meeting, the Commission requested that Mr. Carbone submit a map depicting the wetlands line and since that time, the applicant has submitted this map. This map depicted that there is less impact to the wetlands that originally anticipated.
Mr. Carbone submitted the map for Commission review. One silo is outside of Conservation jurisdiction.
There was a motion made by Mark Cataldo to issue a Negative Determination for 210 Grove Street. The motion was seconded by Ravi Pendkar and accepted with a vote of 7-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activity: 115 Mastro Drive
Mr. Mark Magazu, the homeowner, appeared before the Commission for the replacement of an existing deck. The dimensions will be the same but the new deck will be further away from the wetlands. The concrete pad will be removed and replaced with footers.
Mr. Russell, Conservation Agent, recommended special conditions that the Conservation Office be notified at the start of construction and that if erosion control barriers are necessary, he be granted the authority to approve them.
Mr. Magazu stated that all of the debris from the project will be disposed of properly. A layer of gravel will be placed underneath the new deck.
There was a motion made by Ravi Pendkar to approve the Minor Buffer Zone Activity for 115 Mastro Drive with the 2 stipulations that the Agent be notified when the work begins and that he be given the authorization to approve the erosion controls. The motion was seconded by Dayna Gill and accepted with a vote of 7-0-0.
Permit Modifications/extensions: Villages at Oak Hill
Mr. Erik Bazzett, Engineer of Heritage Design Group, appeared before the Commission for a request for a permit modification for the Villages at Oak Hill.
Mr. Russell informed the Commission that they must make a decision if it requires a formal NOI Amendment which would require abutter notifications and a public hearing. This must be decided by a separate vote prior to any action on the request for a modification.
Mr. Russell has requested that the Town Engineer review the drainage calculations and has responded that he would like to review these calculations but has not yet seen them.
Mr. Bazzett presented plans for Commission review and gave a detailed description of the proposed changes to this development which has been under construction since 2002.
Mr. Bazzett would like to change the approved location of the buildings so as to build more marketable buildings. Much of the imperious area will be eliminated.
Mr. Bruce Wheeler, a representative of Franklin Mews, was present at this discussion and stated that the tennis court and swimming pool will be eliminated.
What is the change in impervious coverage? It is about 7/10th of an acre. There would be less impact to the wetlands with these changes.
Mr. Russell, Conservation Agent, stated that the applicant accidently filled an ILSF but the applicant is proposing mitigation. Mr. Bazzett stated that the applicant is proposing a replication area.
The Commission Chairman asked if there is a planting plan created for this proposed work? Mr. Bazzett presented a plan to the Commission and explained the details of this plan. There is also a landscape plan to depict additional proposed trees approximately 20 ft. apart.
Should the applicant submit a new Notice of Intent or an Amendment to the Notice of Intent? If an Amendment, it has to go through the public hearing process with abutter notifications.
There was a motion made by Dayna Gill to require a formal Amendment to the Notice of Intent for the Villages at Oak Hill. The motion was seconded by Paul Harrington and accepted with a vote of 7-0-0.
Discussion: Bench Policy
There was a discussion regarding the bench policy. There was some material previously distributed to the Commission members with the bench policy from the town of Arlington Commission review. There was a brief discussion regarding this policy and Would we like to use this as a template to build our own plan?
The Chairman suggested having a person heading a small team of 2-3 people to work with Kathy and George on editing this to review and vote on it. George asked for direction on should an individual donate cash to build a bench or should an actual bench be donated? Jeff’s feeling is maintain control of the sites; would prefer cash so that all benches are consistent.
How would funds be handled coming into the Town. What budgets would be utilized? George will talk to the Town Comptroller regrading a dedicated line item. Could the Town invoice the individual making the donation. Recreation and DPW should be contacted regarding the cost of the bench.
Mr. Russell requested that any Commission members who have comments should direct them to him via Email.
Violations:
Mr. Russell informed the Commission members that the Commission has an Enforcement Order in place for 860 West Central Street which requires enforcement action to be taken by June 3rd and requested that the Commission stay this action until July 5th. The reason for this is that he received written permission from the property owner for him to do all that is necessary to comply with the Enforcement Order.
There was a motion made by Dayna Gill to stay the Enforcement Order for 860 West Central Street until July 5th, 2014. The motion was seconded by Mark Cataldo and accepted with a vote of 7-0-0.
Comments:
Mark Cataldo, Commission member, announced his resignation from the Conservation Commission effective today, May 29th, 2014 for personal reasons.
Signed Minor Buffer Zone Activity & Determinations of Applicability
Determination of Applicability – Negative – 169 Pine Street – Butler
Determination of Applicability – Negative – 727 Washington Street – Varughese
Determination of Applicability – Negative – 210 Grove Street – Duane Equipment
Minor Buffer Zone Activity – 115 Mastro Drive – Gagauz
There was a motion made by Dayna Gill to adjourn the meeting. The motion was seconded by Ravi Pendkar and accepted with a vote of 7-0-0.
The meeting adjourned at 9:25 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
| 
