Minutes of Meeting
September 25, 2014
To: Town Clerk
cc: Members
File
Present: J. Livingstone, P. Harrington, R. Pendkar, S. Younis, S. McLean, George Russell, Conservation Agent
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Public Hearing - Request for Determination – 10 Garnet Drive – Galvin
CE159-1066
Mr. Scott Galvin, the applicant, appeared before the Commission for the removal of 12 trees, loam and seed. Mr. Galvin stated that he would like to extend his backyard by having more lawn area.
George Russell, Conservation Agent, stated that he has had discussions with the applicant and his engineer and he did not receive the revised plans until the previous day, September 24th and the narrative until Sept. 23rd. Thereby, he did not meet the deadline for submission. Upon reviewing the plans, he foresees a plan revision and requested that the hearing be continued. Mr. Russell informed the applicant that he will contact the engineer with his comments.
There was a motion made by Paul Harrington to continue the hearing for 10 Garnet Drive until October 16th. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Public Hearing - Request for Determination – No. 341 Substation Addition/Expansion Project – National Grid
Ms. Elizabeth Decelles, a representative of TRC Solutions, appeared before the Commission representing National Grid for improvements to the No. 341 Substation. There will be underground conduits installed inside to the depth of 18”. The conduits will be installed either
by hand or by using a mini excavator and the area will be backfilled and restored to the existing grade.
The area is not within a resource area but it is within the 100 ft. buffer zone; i.e., 53 ft. within the buffer zone. The work will be performed during the course of 1 day.
George Russell, Conservation Agent, stated that he conducted a site inspection and recommended 3 stipulations in his Agent’s Report which are:
- Erosion control barriers between the proposed work area and the wetlands must be installed and inspected by the Conservation Dept. prior to any construction.
- The Conservation Dept. must be notified when construction begins and ends, and;
- Any stockpiled/disturbed soil which remains as such for longer than 30 days, must be seeded to prevent any additional erosion.
There was a motion made by Paul Harrington to close the public hearing. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
There was a motion made by Steve Younis to issue a Negative Determination for the National Grid 341 substation with the 3 stipulations noted in the Agent’s Report. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
Continued - Public Hearing – Notice of Intent – Camp Haiastan – 722 Summer Street – CE159-1066
There was a motion made by Paul Harrington to continue the public hearing for Camp Haiasten at 722 Summer Street until October 16th. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activity: 77 Jefferson Road
Ms. Meredith Martin & Mr. Jeffrey Woodcock, the applicants, appeared before the Commission for the installation of a fence in their rear yard. Mr. Russell stated that during a site inspection he noted that the fence had been erected around the pool and up toward the driveway which was not denoted on the original plan.
Ms. Martin stated that the fence was omitted from the original Notice of Intent and was informed by Mr. Russell that she could file a Minor Buffer Zone Activity in order to close out the permit.
There was a motion made by Scott McLean for a Negative Determination for 77 Jefferson Road. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
Permit Modification: 23 Hutchinson Street
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, Mr. Peter Fasiano & Mr. Ken Norman, representing Franklin TV, all appeared before the Commission to request an amendment to the Orders of Conditions to address some changes to the site. Mr. Nielsen submitted an amended plan for Commission review.
Mr. Nielsen gave the Commission members a brief overview of the proposed changes to the site.
The work will take place in the 200 ft. riparian zone.
Mr. Russell, Conservation Agent, stated that a new Notice of Intent is not required and that an amendment to the Notice of Intent would be sufficient with the required abutter notice and advertising fees.
There was a motion made by Scott McLean that the proposal will be an amendment to the Notice of Intent for 23 Hutchinson Street according to the revised plans dated August 25th, 2014. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Certificate of Compliance: 656 King Street – CE159-1029
George Russell, Conservation Agent, stated that the required wetland scientist’s report concerning the viability of the mitigation areas was required to be submitted by the 15th of September. This report was not received until earlier this evening.
Mr. Russell also conducted a site inspection and the mitigation areas on the left side of the entrance are being overrun with grasses and recommended that the Commission not move forward with any action except to request an additional report from the wetland scientist for the October 16th meeting which should address the issue of the grasses and the maintenance and the mitigation areas.
A report from the wetland scientist would be required addressing how the applicant will address the lack of maintenance in the mitigation areas is warranted.
There was a motion made by Steve Younis requesting that the wetland scientist for 656 King Street provide us with a report addressing the lack of maintenance and what is to be done before the October 16th meeting. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Violation: 860 West Central Street
George Russell, Conservation Agent, stated that the Commission has issued the stay of Enforcement Order until tonight’s meeting, September 25th. He has met with the applicant’s engineer and received a written notification from him that the plans are nearly complete for the submission of the Notice of Intent and this should be submitted by October 7th, 2014.
Mr. Russell recommended that the Commission stay the Enforcement Order until October 16th, 2014 with the stipulation that if the plan is not submitted by that date, that automatic fines will be issued to the property owner as of this date.
Mr. Leonard French, the property owner, and Mr. Donald Nielsen, Engineer of Guerriere & Halnon, both were in attendance at tonight’s meeting. Mr. Nielsen stated that the above-mentioned plan is acceptable to Mr. French and he has agreed to this plan.
There was a motion made by Paul Harrington to stay the Enforcement Order until October 16th with the stipulation that if it is not complied with, then fines will start that day. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Stop Work Order Information:
George Russell, Conservation Agent, distributed a list of Stop Work Order Information for the Commission in order to keep them apprised of any sites which have Stop Work Orders issued against them.
Minutes:
There was a motion made by Scott McLean to accept the minutes of the August 28th meeting with the changes of the vote count and who seconded the motion. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
The acceptance of the minutes of the September 11th was continued until the next meeting.
Signed Minor Buffer Zone Activity & Determination of Applicability
Minor Buffer Zone Activity – 77 Jefferson Road - Martin
Determination of Applicability (Negative) – No. 341 Substation, 128 Peck Street – National Grid
There was a motion made by Scott McLean to adjourn the meeting. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
The meeting adjourned at 8:10 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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