Minutes of Meeting
October 16, 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 – Notice of Intent – 17 Echo Bridge Road – Herreilers – CE159-1068
Mr. Dan Bremser, Registered Land Surveyor of Hancock Associates, and Mr. Bruce Herreilers, the applicant, both appeared before the Commission for the removal of 5 trees. Mr. Bremser stated that the wetlands were flagged by a senior wetland scientist in May 2014. There are 4 large white pines in the edge of the wetlands but not in the wetlands.
Mr. Herreilers stated that he will leave the stumps and there will be no digging. He gave the Commission a detailed overview of the contractor’s process for removing these trees.
The Chairman will look for mitigation and asked the reasons that they would like to remove these trees. Mr. Herreilers stated that they are a danger to the house. There are 3 maple trees
for mitigation.
The Commission members will conduct a site walk of the property on Monday, October 20th at 5:30 p.m.
There was a motion made by Paul Harrington to continue the public hearing for 17 Echo Bridge Road until October 30th. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – 19 Echo Bridge Road – O’Rourke – CE159-1069
Mr. Dan Bremser, Registered Land Surveyor of Hancock Associates, and Mr. Thomas O’Rourke, the applicant, both appeared before the Commission for the removal of 7 trees.
Mr. Bremser stated that the wetland scientist thought that the original granite was the end of the property and that is why the delineation ends there. It does not actually extend to the end of the property as he mistakenly thought that was the end.
Mr. Bremser stated that all of the trees proposed to be cut down are located outside of the 25 ft. no disturb line. All of the 7 trees are oak trees, 16 inches in diameter.
Mr. O’Rourke gave the Commission a detailed overview of the process by which these trees will be taken down. These trees will be taken down for safety purposes and are a danger to the house.
The Commission members asked Mr. O’Rourke if he would consider planting some mitigation to compensate for the tree removal. They recommended that the applicant consult with George Russell, the Conservation Agent, regarding what the Best Development Practices Handbook recommends.
The Commission members will conduct a site walk of the property on Monday, October 20th at 5:30 p.m.
Mr. Thomas Brunner, an abutter of 21 Echo Bridge Road, raised concerns regarding the wetlands delineations that were previously performed for this site.
There was a motion made by Paul Harrington to continue the public hearing for 19 Echo Bridge Road until October 30th. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Public Hearing – ANRAD – 70 Daniels Street – Davis
Jeff Livingstone, Commission Chairman, recused himself from this public hearing as he is an abutter to the project.
Mr. Paul DeSimone, Engineer of Colonial Engineering, appeared before the Commission for a delineation of a resource area.
Mr. George Russell, Conservation Agent, informed the Commission that the application for this project has been submitted on incorrect forms and it was noted by the DEP as well as the Conservation Dept. The applicant has the revised forms but there is insufficient time for them to be reviewed. Mr. Russell also stated that 9 copies of the correct forms need to be submitted to the Conservation Dept. as well as the 2 copies required to be submitted to DEP.
There was a motion made by Scott McLean to continue the public hearing for the 70 Daniels Street ANRAD until October 30th. The motion was seconded by Steve Younis and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Public Hearing – Amendment to various sections of Conservation Rules & Regulations
Mr. George Russell, Conservation Agent, stated that the Conservation Dept. has undergone a complete review of the Rules and Regulations by which the Commission operates and has submitted a draft of these amendments to the Commission members for review.
Mr. Russell gave the Commission a brief overview of these amendments. Some of the Commission members have made comments which have been incorporated into the final draft.
There was a motion made by Paul Harrington to close the public hearing for the new rules and regulations considerations. 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 adopt the amendments to the sections of the Conservation rules and regulations. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Public Hearing - Amendment – 23 Hutchinson Street – Frankin Tv – CE159-1040
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, & Mr. Ken Norman, president of Franklin Tv, both appeared before the Commission for revisions to the approved Orders of Conditions.
Mr. Nielsen gave the Commission members a brief update of the proposed changes to the site which is in the final phase of construction.
He has submitted revised plans to the Planning Board which will be reviewed at their next meeting. Mr. Russell has not yet received these plans and therefore has not had an opportunity to review them.
There was a motion made by Steve Younis to continue the amendment hearing for 23 Hutchinson Street until October 30th. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
Public Hearing- Notice of Intent - 127 King Street – Claremont Condominiums – CE159-1093
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, appeared before the Commission for repair to the pool apron and pool at the condominiums. Mr. Nielsen stated that the pool is located in the 100 ft. buffer zone but is outside of the 50 ft. buffer zone. The work will take place totally inside the pool fence area. All of the materials from the pool will be removed from the site. There are proposed erosion control barriers depicted on the plan. When the work is completed, the fence around the pool will be put back up.
The DEP number has not yet been received and comments may be forthcoming.
There was a motion made by Steve Younis to continue the public hearing for 127 King Street until the October 30th meeting. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Continued - Public Hearing – Request for Determination – 10 Garnet Drive – Galvin
Mr. Scott Galvin, the applicant, appeared before the Commission for the removal of 12 trees, loam and seed at his residence. Mr. Galvin informed the Commission members that he has submitted an updated plan.
Mr. Russell informed the Commission that the original plan did not depict erosion control barriers that were acceptable. Also, the property owner did not agree to the mitigation plantings that were suggested and these have been changed to be in accordance with the Best Practices Development Handbook. The applicant is removing 12 trees and replacing 6 trees.
Mr. Russell had some suggested conditions which are enumerated in his Agent’s Report.
There was a motion made by Paul Harrington to close the public hearing. The motion was seconded by Steve Younis and accepted with a vote of 5-0-0.
There was a motion to accept the RDA for 10 Garnet Drive with the stipulations stated by the Conservation Agent:
- Erosion control barriers between the proposed work area and the wetlands 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.
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 the upgrade of a septic system. Mr. Nielsen gave the Commission members a brief overview of the changes to the latest revised plans dated September 30, 2014. These plans have been accepted by the Board of Health and they have issued their septic permit.
Mr. George Russell, Conservation Agent, recommended all of the 30 special stipulations to be added to the Orders of Conditions.
There was a motion made by Steve Younis to close the hearing for Camp Haiastan. The motion was seconded by Ravi Pendkar and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
There was a motion made by Ravi Pendkar to approve the Notice of Intent for Camp Haiastan with all of the special conditions. The motion was seconded by Steve Younis and accepted with a vote of 4-0-1; 4 Yes, 0 No, 1 Abstention.
Continued - Public Hearing – Amendment Request - Villages at Oak Hill – 1000 Washington Street – CE159-921
Mr. Erik Bazzett, Engineer of Heritage Design Group, and Mr. Bruce Wheeler, representing Franklin Mews, the applicant, both appeared before the Commission for changes to the building and parking at the site.
Mr. Bazzett stated that there were some revisions made to the plan and gave the Commission members an overview of these revised plans. Since the last meeting, he has met with the Planning Board and they have made some suggestions for the site.
Mr. Bazzett stated that there will be less impact to the buffer zone with the new plan. The stormwater basins have been moved further away from the wetlands.
Mr. George Russell, Conservation Agent, asked Mr. Bazzett if the recreation area will remain. Mr. Bazzett stated that it will be removed and there will be less impervious area with the new plan.
Mr. Russell also suggested 4 special conditions in his Agent’s Report to be added to the Orders
of Conditions.
Mr. Tony DaSilva, an abutter to the project, stated that the owner, Bruce Wheeler, has taken into consideration his concerns with the project and has been a pleasure to work with.
There was a motion made by Steve Younis to close the public hearing for the Villages at Oak Hill at 1000 Washington Street. The motion was seconded by Scott McLean and withdrawn.
There was a motion made by Paul Harrington to continue the public hearing for the Villages at Oak Hill until October 30th. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Discussion: 656 King Street
Ms. Karon Skinner Catrone, Wetland Scientist for the site, appeared before the Commission for the project. Ms. Catrone informed the Commission that she has been monitoring the plantings on the site.
Three of the four replication areas are coming along with maintenance involved. Ms. Catrone gave the Commission an overview of the plantings and her report has been added to the Conservation file.
Mr. Russell stated that there has been a total lack of maintenance in the replication areas. There is not a sufficient amount of water in the 2 mitigation areas and they have been lacking maintenance.
Ms. Catrone stated that the grasses are very sun tolerant. A discussion ensued regarding the original plantings proposed for the site.
Mr. Russell recommended that another planting plan coupled with a maintenance plan to facilitate its working be implemented.
There was a motion made by Paul Harrington for George Russell, Conservation Agent, to generate a letter of the Commission’s recommendations to the applicant to provide them with the choice of either an amendment to the original plan or a planting plan with necessary maintenance supplied and to ask the applicant to come back to the October 30th meeting with a proposal. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Discussion: 84 Palomino Drive
Mr. V. Garrepalli, homeowner of 84 Palomino Drive, appeared before the Commission for tree removal at his residence. Before he purchased the house in early 2013, he consulted the Town to determine if there were wetlands on his property and was informed that he could cut trees on the property. He had some trees cut and Mr. Russell received an anonyous call regarding this. Mr. Garrepalli submitted an email from the previous Conservation Agent, Michele Grenier, stating that he could cut trees on the property.
This information from Ms. Grenier was incorrect and Mr Russell stated that it was incorrect information and that there are wetlands located on the site. He noted that the original subdivision plan denotes that there are wetlands on Mr. Garrepalli’s property.
The Commission Chairman stated that the applicant should have had a wetland delineation done to determine the location of the wetland line and have it depicted on a plan at the time he purchased the house. The responsibility rests with the homeowner. If he wants protection against legal liability, the applicant needs to have an approved plan with the delineated wetland lines and a plan should be submitted to the Commission.
Mr. Garrepalli needs to hire a wetland scientist to delineate the wetlands. Mr. Russell also suggested that he speak to his neighbors to determine if they would like to share the cost of the delineation as that would be in their best interest as well.
Discussion: Well #9
Mr. George Russell, Conservation Agent, informed the Commission members that the DPW has made a request for Emergency Certification for the road to Well #9. The road has some structural deficiencies and the large trucks that use the road on a regular basis may cause further damage. The DPW has requested to repair the edges of the road, which have wetlands on both sides.
Mr. Russell requested that the Commission adopt an Emergency Certification Form.
There was a motion made by Ravi Pendkar to adopt the Emergency Certification Form for emergency repairs by the DPW on the Road to Well #9. The motion was seconded by Paul Harrington and accepted with a vote of 5-0-0.
Minutes:
There was a motion made by Ravi Pendkar to approve the minutes of the meeting of September 11th. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
There was a motion made by Ravi Pendkar to approve the minutes of the meeting of September 25th. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Signed Emergency Certification Form, Order of Conditions & Determination of Applicability
Emergency Certification Form – Well #9 Access Road, West Central Street - DPW
Order of Conditions – Camp Haiastan – 722 Summer Street – CE159-1066
Determination of Applicability (Negative) – 10 Garnet Drive - Galvin
There was a motion made by Steve Younis to adjourn the meeting. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
The meeting adjourned at 10:00 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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