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Conservation Commission Minutes - 07/31/2014




Minutes of Meeting
   July 31, 2014

To:  Town Clerk
cc:   Members
        File


Present:  J. Livingstone, D. Gill, P. Harrington, S. Younis, R. Pendkar, George Russell,                           Conservation Agent

Mr. George Russell’s Agent’s Report has been appended to the minutes.

Public Hearing – Request for Determination - 15 Mary Anne Drive – O’Brien
Ms. Kathleen O’Brien, the applicant, appeared before the Commission for the planting of grass and placement of wood chips on the slope.  

Mr. Russell informed the Commission that there was a lack of permitting and the disturbance was in the 25 ft. buffer zone.  The homeowner has now stabilized the slope and it is vegetated.  

Ms. O’Brien stated that 2 trees have been removed as they were diseased.  The Chairman asked Ms. O’Brien if there is any other location where the 2 trees could be replanted for mitigation.
The Commission did not request that the applicant replant these 2 trees.

Mr. Russell recommended that no additional vegetation be planted on this slope.

There was a motion made by Steve Younis to close the hearing for 15 Mary Anne Drive.  The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.

There was a motion made by Dayna Gill to issue a Negative Determination for 15 Mary Anne Drive.  The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.

Public Hearing – Amendment Request – 236 Daniels Street – Sprague - CE159-912
Mr. & Mrs. Robert Sprague, the homeowners, both appeared before the Commission for an amendment for the addition of a retaining wall at the rear of their property.  Ms. Sprague stated that they consulted with a landscaper to flatten their rear yard by installing a retaining wall in order to stabilize the slope.  

Mr. Russell stated that the applicant would like to bring in fill to level out the backyard and erect a 4 ft. retaining wall and they also would like to construct a 120 ft. shed in the backyard as well as part of this application.

The Chairman stated that the construction sequence does not state how the debris and soils will be removed.

Mr. Russell recommended that a condition of approval for the amendment should be the installation and approval of a double barrier of erosion controls at the toe of the slope.

There are 2 trees within the 50 ft. buffer zone that need to come down as they are close to the house and present a danger in the event of a storm.  

The Commission Chairman requested a planting plan listing the plants to be put in and the location of the trees to be removed along with their Latin names.  Also, a planting schedule for these plantings and the location of the shed.  It was suggested that the Best Development Practices Handbook be used in choosing the species of plantings.  If there will be soil removed, the stockpile location should also be located on the plan.

The Chairman informed the applicants that some mitigation is required to be put on the planting plan depicting what will be put back in place of what is to be removed.

The Commission requested that the applicant appear at a future meeting with a planting plan and schedule depicting both the shed and the retaining wall and also the construction sequence.  Also, depict on the plan will there be any stockpiled materials on the site and where is their location.  What is the access point for the trucks on the site?

There was a motion made by Dayna Gill to continue the Amendment for 236 Daniels Street until August 28th.  The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.

Continued - Public Hearing – Notice of Intent – Camp Haiastan – 722 Summer Street - CE159-1066
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for this public hearing for upgrade of the septic system.  He informed the Commission that this public hearing is being continued due to the fact that Board of Health has not yet received their findings from the peer review.  

Mr. Nielsen requested that the Commission continue the public hearing until August 28th so that they may resolve the Board of Health issues and submit a common plan to address both boards.

There was a motion made by Dayna Gill to continue the public hearing for Camp Haiastan until August 28th. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.

Continued - Public Hearing – Amendment Request – 14 Garnet Drive – Saidha - CE159-1057
Mr. Virat Saidha, the applicant, appeared before the Commission for an amendment to the existing Orders of Conditions for addition of lawn and removal of retaining wall.

Mr. Saidha submitted a revised plan which was requested by the Commission at the last meeting and explained the details of this plan for the Commission’s review.  He has consulted with Mr. Russell to reduce the enlarged space in his backyard.  The trees being proposed to be removed has been reduced from 25 to 13 trees.  Mr. Saidha gave the Commission a breakdown of the sizes of these trees.  He is proposing to plant 6 trees on the easterly side of the lot for mitigation.  

There is also a deck proposed on the plan and Mr. Saidha would like to enlarge the deck from the original plan.  There was a correction to the plan noting that the concrete pad is not under the deck and that will be corrected on the final plan that is submitted.

There was a motion made by Ravi Pendkar to close the public hearing for 14 Garnet Drive.  The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.  

There was a motion made by Dayna Gill to approve the amended proposal for 14 Garnet Drive.  The motion was seconded and accepted with a vote of 5-0-0.

Continued - Public Hearing – Amendment Request – Villages at Oak Hill – 1000 Washington Street - SE159-739
The Commission Chairman stated that the applicant’s representative has requested a continuance of the public hearing until the next meeting on August 28th.  

There was a motion made by Paul Harrington to continue the public hearing for the Villages at Oak Hill until August 28th.  The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.

GENERAL BUSINESS

Minor Buffer Zone Activity:  10 Nicholas Drive
Mr. Daniel Hofferty, the applicant, appeared before the Commission for the installation of an above-ground swimming pool.  Mr. Hofferty stated that he would like to extend the deck from his house and also to install a 24 ft. above-ground swimming pool.

Mr. Hofferty stated that he will use composite material for the decking.

There was a recommendation made by Mr. Russell to install erosion control measures during the work.

There was a motion made by Ravi Pendkar to approve the Minor Buffer Zone Activity for 10 Nicholas Drive.  The motion was seconded by Paul Harrington and accepted with a vote
of 5-0-0.

Minor Buffer Zone Activity:  29 Quince Island Road
Mr. Christopher Campbell, the contractor, appeared before the Commission for the replacement of 2 decks at the 2 above-mentioned Spruce Pond condominiums.  Mr. Campbell stated that he will be constructing the new decks with new 12” sono tubes and composite decking with pressure treated framing.  These new decks will be constructed in the same footprint.

There was a motion made by Paul Harrington to approve the Minor Buffer Activity for 29 Quince Island Road.  The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.

There was a motion made by Dayna Gill to approve the Minor Buffer Activity for 30 Quince Island Road.  The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.

Permit Modifications:  BJ’s Water Monitoring
Mr. Russell informed the Commission that he received correspondence from the engineer regarding a condition of approval for the gas station at the BJ’s site stating that for years there has been no contamination observed in the monitoring.  They are thereby requesting relief from the requirements of this condition.

There was a motion made by Paul Harrington to continue the stipulation as required because of the sensitivity of having a gas station next to a major wetland.  The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.

Certificate of Compliance:  Lot 6-4 Grace Lane – CE159-1023
Mr. Russell stated that, in his opinion, only a partial release should be granted because Lot 6-3 in the subdivision is still covered under the original Notice of Intent and that is not complete.

There was a motion made by Dayna Gill to issue the Partial Certificate of Compliance for
Lot 6-4 Grace Lane.  The motion was seconded by Steve Younis and accepted with a vote
of 5-0-0.

Certificate of Compliance:  Lot 6-5 Grace Lane – CE159-1023
There was a motion made by Dayna Gill to issue the Partial Certificate of Compliance for
Lot 6-5 Grace Lane.  The motion was seconded by Steve Younis and accepted with a vote
of 5-0-0.

Certificate of Compliance:  656 King Street (Partial) - CE159-1029
Mr. Donald Nielsen, Engineer of Guerriere & Nielsen, appeared before the Commission representing the owners of the property.  Mr. Nielsen informed the Commission that the plantings were made in the replication area last evening.  Mr. Karon Skinner Catrone submitted a
letter regarding her review of the plantings and she confirms that they have been planted.  The silt fence has been removed from the whole site.  Mr. Nielsen also stated that he will be requesting a minor modification to the Orders of Conditions relative to the future inspections and they would like to have them all on the same day by June 30th to insure continuity.

Mr. Nielsen is seeking a partial release from the Orders of Conditions for this site.

Mr. Russell stated that the silt fencing has been removed and the haybales that were left on the site will be opened up and spread out.  In his opinion, the property maintenance on the site has been poor.

Mr. Nielsen suggested that a special condition be added to the release that the wetlands scientist make an inspection in mid-September and in letter form to give the Commission an account of how the plants are working.  If something is failing, the applicant will replace it (accountability).
The reporting requirements will be made on or before June 30th.

The wetland scientist will perform an inspection and feedback to us in mid-September and will provide a letter of her observations.  All of the reporting be made on or before June 30th.

There was a motion made by Paul Harrington for a partial release of conditions for 656 King Street with 2 stipulations:  the Commission will receive a letter from a wetland scientist in mid- September, 2014 documenting the planting survival observations, and the Commission will make a modification that all reporting dates are done before or on June 30th of each year.  The motion was seconded by Dayna Gill and accepted with a vote of 5-0-0.

Minutes:  
There was a motion made by Ravi Pendkar to approve the minutes of July 17th meeting with 3 minor corrections.  The motion was seconded by Dayna Gill accepted with a vote of 5-0-0.

Signed Determination of Applicability, Minor Buffer Zone Activities, Certificates of Compliance & Amended Orders of Conditions
Minor Buffer Zone Activity – 10 Nicholas Drive – Hofferty
Minor Buffer Zone Activity – 29 Quince Landing – Circone
Minor Buffer Zone Activity – 30 Quince Landing – Hansen
Certificate of Compliance (Partial) – 656 King Street – Wegman - CE159-1029
Amended Orders of Conditions – 14 Garnet Drive – Pericolo – CE159-1057
Certificate of Compliance – Lot 6-4 Grace Lane – TNT Building - CE159-1023
Certificate of Compliance – Lot 6-5 Grace Lane – TNT Building – CE159-1023
Determination of Applicability – 15 Mary Anne Drive – O’Brien

There was a motion made by Dayna Gill to adjourn the meeting.  The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.

The meeting adjourned at 8:50 p.m.

Respectfully Submitted,



Kathleen Celorier
Conservation Secretary