Minutes of Meeting
June 12, 2014
To: Town Clerk
cc: Members
File
Present: D. Gill, P. Harrington, S. Younis, R. Pendkar, George Russell, Conservation Agent
Absent: M. DePoto, J. Livingstone
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Continued – Notice of Intent – 15 Bald Hill Drive – Goodermuth – CE159-1065
Mr. Jason Dubois, Engineer of Bertin Engineering, and Mr. & Mrs. David Goodermuth, the applicants, all appeared before the Commission for the construction of an in-ground swimming pool.
Mr. Russell, Conservation Agent, stated that the green abutter notification cards have been submitted for the file.
Mr. Dubois stated that the pool will have a paver area and landscaping as well. There will be double-staked haybales installed for erosion control purposes. The work will take place on previously disturbed area.
Mr. Russell informed the Commission that he is recommending the conditions, 20,22, 25-28 & 44. He informed Mr. Dubois that the Commission does not allow haybales for erosion control and recommended that filter mitts be used.
There was a motion made by Ravi Pendkar to close the public hearing for 15 Bald Hill Drive. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-0.
There was a motion made by Ravi Pendkar to approve the NOI for 15 Bald Hill Drive with the special conditions 20,22,25-28 & 44. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-0.
Continued – Public Meeting – Request for Determination – 5 Dwight Street – Phoenix
Mr. Christopher Phoenix, the homeowner, appeared before the Commission for the removal of several trees. A Commission member asked Mr. Phoenix what he will do with the pile of concrete curbing he observed at the site walk. Mr. Phoenix stated that he will be taking it off site.
Mr. Russell informed the applicant that before any work is done, he would like erosion control be put in place between the cleared work and the wetlands and be inspected and approved.
Mr. Russell will generate a letter to the applicant authorizing him to continue with the approved work.
There was a motion made by Steve Younis to close the hearing on 5 Dwight Street. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-0.
There was a motion made by Paul Harrington for a Negative Determination for the RDA for 5 Dwight Street with the special condition that any new plantings follow the Best Development Practices Handbook guidelines. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
Continued - 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. O’Connell stated that he has submitted revised plans to address Mr. Russell’s comments and also that of the Commission at the recent site walk. The plans depict a double row of erosion control barriers, biodegradable in nature and also indicate the brush clearing activity as well as some invasive species. There is also proposed a row of 17 shrub plantings, winterberry and swamp azalea, to be placed at the perimeter of the new brush line and 50 ft. from the existing house. There will be some topsoil brought in to top dress and seed the cleared area.
Mr. Russell stated that the amount of fill being brought in has decreased from the original plan.
Mr. Russell also requested the special condition that the erosion control be installed and approved by him before any work commences. It also cannot be removed before the slopes are stabilized.
There was a motion made by Steve Younis to close the hearing for 4 Elm Street. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
There was a motion made by Steve Younis for a Negative Determination for 4 Elm Street with the 2 special conditions that the Conservation Agent inspect the erosion control before work begins, will inspect that the area is stabilized before the erosion control is removed and no
phosphates are to be used on site. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-0.
Continued - Public Hearing – Notice of Intent – Cook’s Farm – Roux – CE159-1061
The Commission Chair informed the applicant that moving forward there may be quorum
issues and there could be no quorum for future meetings. It is the decision of the applicant if they wish to proceed at tonight’s meeting.
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Ron Roux, the developer, both appeared at tonight’s meeting for the construction of 55 single-family homes. Mr. Russell gave the applicant the decision of whether they wish to go forward at tonight’s meeting or wait until after the Planning Board has issued their approval for the project.
There was a motion made by Paul Harrington to continue the public hearing for Cook’s Farm until June 26th. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
Minor Buffer Zone Activity: 41 & 42 Quince Landing
Mr. Christopher Campbell, contractor for the work, appeared before the Commission for the construction of a deck at each of these 2 residences. The original decks will be taken down and new decks 10’x20’ in size will be constructed with footings. The new decks will be the same footprint and composed of composite material.
There was a motion made by Ravi Pendkar to approve the minor buffer zone activities for 41 & 42 Quince Landing. The motion was seconded by Steve Younis and accepted with a vote
of 4-0-0.
Permit Modification: 14 Garnet Drive – CE159-1057
Mr. Virat Saidha, the applicant, appeared before the Commission for a proposed modification to the Orders of Conditions for this project. Mr. Saidha stated that he is proposing:
- to remove the retaining wall around the septic system, and
- extend the size of the backyard and propose to move the filter mitt line back 25 ft.
thereby, it would be outside the 25 ft. buffer zone. There will be tree removal but no additional structures.
Mr. Russell requested that the engineer provide a square foot calculation for the new lawn area, determine how many trees will be cut down and how much fill will be brought in. Mr. Russell requested that the engineer provide a comment that the removal of the retaining wall will not compromise slope stability.
The Commission members recommended some mitigation for this proposed work.
The Commission members stated that this proposed work will require the applicant to file for an amendment to the Orders of Conditions.
There was a motion made by Paul Harrington for 14 Garnet Drive that the permit modifications require an amendment and not a new Notice of Intent and the Commission requires the square footage of the new yard, the engineer’s opinion on the removal of the retaining wall and the number of trees removed and the cubic yardage of fill to be added. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
Certificate of Compliance: 57 Daniels Street - CE159-941
Mr. Russell stated that he has inspected the property and all is in order for the issuance of the Certificate of Compliance.
There was a motion made by Ravi Pendkar to issue a Certificate of Compliance for 57 Daniels Street. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
Certificate of Compliance: 420-438 West Central Street - CE159-1035
Mr. Russell stated that he has inspected this site and all is in order for the issuance of a Partial Certificate of Compliance.
There was a motion made by Paul Harrington to issue a Partial Certificate of Compliance for 420-438 West Central Street. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
Certificate of Compliance: 418 West Central Street - CE159-1006
Mr. Russell stated that he has inspected the property and all is in order for the issuance of the Certificate of Compliance.
There was a motion made by Ravi Pendkar to issue a Certificate of Compliance for 418 West Central Street. The motion was seconded by Paul Harrington and accepted with a vote of 4-0-0.
Minutes:
There was a motion made by Paul Harrington to accept the minutes of the May 15th, 2014 meeting. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
There was a motion made by Paul Harrington to accept the minutes of the May 29th, 2014 meeting with the corrections made by Mr. Russell. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-0.
Violation: 16 Crystal Pond Lane
Mr. George Russell, Conservation Agent, informed the Commission members that he issued an enforcement order for unauthorized fill for this property. The applicant met with him and presented photographs and provided a restoration plan.
The Commission must decide if the restoration plan is sufficient or if he is required to file for an amendment to the Orders of Conditions. Mr. Russell distributed the photographs for Commission review.
Mr. David Robert, the applicant, appeared before the Commission regarding this violation. Mr. Russell recommended that Mr. Robert file for a Certificate of Compliance.
There was a discussion to stay the Enforcement Order for 30 days as the work has been done. Also, to accept and approve the remediation plan submitted by the property owner.
There was a motion made by Ravi Pendkar to accept the restoration plan and stay the Enforcement Order indefinitely. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
Signed Certificates of Compliance, Minor Buffer Zone Activities, Determinations of Applicability & Orders of Conditions
Certificate of Compliance – 418 West Central Street – Rainer Properties – CE159-1006
Certificate of Compliance – 420-438 West Central Street – Rainer Properties – CE159-1035
Certificate of Compliance – 57 Daniels Street – Rainer Trust – CE159-941
Determination of Applicability – Negative – 4 Elm Street – Caruso
Determination of Applicability – Negative – 5 Dwight Street – Phoenix
Minor Buffer Zone Activity – 42 Quince Landing – Judy Schnitzler
Minor Buffer Zone Activity – 41 Quince Landing – Sandy Palmer
Orders of Conditions – 15 Bald Hill Drive – Goodermuth – CE159-1065
There was a motion made by Ravi Pendkar to adjourn the meeting. The motion was seconded by Steve Younis and accepted with a vote of 4-0-0.
The meeting adjourned at 8:40 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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