December 4, 2017 Conservation Commission meeting

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December 4, 2017 Conservation Commission meeting

Postby Mary Wright » Sun Mar 25, 2018 11:22 am

CONSERVATION COMMISSION MEETING MINUTES
MONDAY, DECEMBER 4, 2017

A meeting of the Conservation Commission was held on Monday, December 4, 2017. Ms. Brown called the meeting to order at 7:00 PM.

ATTENDANCE:
PRESENT: Linda Brown (Chairman), Michael Greco, Tracy Sharkey (Vice Chairman), Brandi Van Roo
ABSENT: Stephen Zisk (Conservation Agent)

7:00 PM (NOI-DEP #143-0942) PUBLIC HEARING: 135 Webster Street/BOYKO, ERIC.
Ms. Brown opened the public hearing. Mr. Boyko joined the meeting. He stated that his house was built in 2015 and finished in August, 2017. The original Notice of Intent (NOI) was done in 2006 and as of last year, the final renewal had expired. The garage was included on the original Order. He has filed an abbreviated NOI. Mr. Boyko did not have a plot plan, only the house plan.
Mr. Boyko stated that the driveway has been installed according to the plan. The original stockpiles are “still there.” Ms. Sharkey stated that he will not be able to keep the material on site. Everything is outside of the 50’.
Ms. Sharkey asked that Mr. Boyko find out if he has a Certificate of Compliance for the original Order. The Commission needs clarification on open Orders that allow coming back to finish what was permitted, and clarification about where the National Heritage Endangered Species overlay is. There will need to be a condition that there will be no stockpiling of materials and that straw bales or wattles and silt fence be set up. An as-built is needed for the old Order of Conditions.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0942) Eric Boyko, 135 Webster Street to January 8, 2018 at 7:00 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

7:13 PM (NOI-DEP #143-0934) PUBLIC HEARING CONTINUED: 294 Northwest Main Street/FARINEAU, DONALD.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0934) 294 Northwest Main Street, Donald Farineau to January 8, 2018 at 7:15 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

7:15 PM (ANRAD-DEP #143-0936) PUBLIC HEARING CONTINUED: 30, 46 & 50 Southwest Main Street/BASILE, LAWRENCE.
Ms. Brown read an email from David Feist of McClure Engineering from 12/4/17 which stated that Mr. Basile has asked that they do no further work on the project as he is continuing to evaluate his options.
Ms. Brown stated that the applicants spoke to the Town Administrator about using the drainage basin as part of the Town’s drainage ditch. The Town Administrator asked Ms. Brown why a Cease and Desist was not issued in writing. She explained to him that the Commission asked the applicant at the October meeting to file an NOI, which he did not. The applicant had stated in October that he voluntarily ceased. Ms. Van Roo read the applicable section of the October 16, 2017 meeting minutes. A discussion was held.
Ms. Sharkey made a motion to issue a fine of $100/day until a Notice of Intent for the pond is filed and to issue a Cease and Desist for all activity for (ANRAD-DEP #143-0936) 30, 46 & 50 Southwest Main Street, Lawrence Basile. Mr. Greco seconded the motion. Vote: Unanimous.
Ms. Sharkey made a motion to continue the public hearing for (ANRAD-DEP #143-0936) 30, 46 & 50 Southwest Main Street, Lawrence Basile to January 8, 2018 at 7:30 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

7:31 PM (NOI-DEP #143-0938) PUBLIC HEARING: 66 Southwest Main Street/MOTA, MILTON.
Ms. Brown opened the public hearing. Eric Bazzett of Heritage Design Group joined the meeting. They are proposing the construction of a single-family home on 28 acres. The property fronts on Morse Pond. The plan was submitted to the Board of Health (BOH) for the septic design. The proposed septic and well are outside of the buffer zone.
Trees have been cut for the driveway. The proposed 16’ wide driveway goes through the buffer zone. One buffer zone is the BVW for Morse Pond and there is an isolated wetland between the pond and the road. Mr. Bazzett believes that the isolated wetland is an old foundation. Scott Jordan of Eco Tec flagged the wetlands. Mr. Bazzett showed where the proposed erosion control barriers will be installed along the edge of the proposed driveway within the buffer zone.
The proposed distance from the edge of the isolated wetland to the driveway is approximately 15’. The Dept. of Environmental Protection (DEP) had no comments. The taxes have not yet been paid and no permits can be issued until a letter is received from the Town Treasurer that there is a payment agreement in place.
Robert Campbell, 62 Southwest Main Street stated that there is now a problem with water coming down from where the applicant cut in from the street, and his property is being flooded. The water comes down Southwest Main Street and cuts in where the applicant cut in. The Highway Dept. Superintendent fixed the problem temporarily, but someone pulled up the stakes. Ms. Brown stated that that issue is outside of the Commission’s jurisdiction. Ms. Sharkey stated that the applicant needs a driveway permit and that will include requirements to prevent that flooding from happening. Mr. Bazzett stated that he has agreed to work with the owner and construct a berm to keep the flooding from happening. He will convey to the owner that this needs to be done right away. The current access that has been cut is unpermitted.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0938) Milton Mota, 66 Southwest Main Street to January 8, 2018 at 7:45 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

7:46 PM (NOI-DEP #143-0935) PUBLIC HEARING CONTINUED: 58 Chestnut Street/ DAPRATO, ALFRED.
Norman Hill of Land Planning Inc. joined the meeting. Since the last meeting, a slurry pit for the well, a second row of siltation controls, riverfront area calculations, and regulatory notes regarding sections 1057 and 1058 have been added to the plans. No work is proposed in any area that is subject to flooding.
The proposed house will be 24’ x 36’ with a one-car garage, a small septic and limited yard. Everything is proposed in the northeast corner of the property in order to limit the impact. No work is proposed within the 25’ buffer. No wetlands or riverbanks will be disturbed.
Mr. Hill has not received any updates from the DEP. He has not heard back from the BOH, and he did not have a response for section 1056. Ms. Brown has visited the site. The site is very flat. She would like a second opinion regarding wetland soils.
The Commission asked if a zoning variance for the 20’ setback could be sought in order to move the house outside the 25’. Mr. Hill stated that his client does not want to apply for a ZBA variance.
The Commission reviewed the construction sequence.
The Commission informed Mr. Hill that the applicant must ask for a zoning exemption, needs comments from the BOH, needs a response from DEP, and a narrative for 1056 is not needed.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0935) Alfred DaPrato, 58 Chestnut Street to January 8, 2018 at 8:00 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

8:13 PM (NOI-DEP #143-0937) PUBLIC HEARING CONTINUED: 32 Linden Street/LOPES, CORY & NATALIA.
Ms. Brown opened the public hearing. Dave Crossman from B & C Associates and Mr. Lopes joined the meeting. The property contains an existing single-family house. To the left of the driveway, the area was filled with dirt and leveled out. That area is within the 100’ buffer zone and is adjacent to an existing wetland, which has been reflagged. Mr. Crossman stated that it does not appear that the fill is in the wetlands. The fill has not been removed. Mr. Lopes installed straw wattles on 9/19/17.
Ms. Brown stated that there are straw wattles on the property, but they are not shown on the plan. There are no measurements on the plan. The plan presented this evening, and recently submitted to the DEP, is from 1997. An as-built was not presented.
Ms. Van Roo read from the minutes of 9/18/17 which state that excavation of the fill needed to occur within three weeks, and the Lopes were informed to notify Mr. Zisk before work began so that he could inspect the erosion controls. The applicants have been in violation since 9/18/17.
The Lopes have owned the property for three years. The prior owner cut trees and added fill within the 100’ buffer. Ms. Van Roo stated that fresh fill can be clearly seen, which is what was and is being asked to be removed, especially within the 25’ No Disturb.
The Lopes would like the fill to remain. The NOI asks for landscaping within the100’ buffer in order to create a lawn. No measurement has been made from the closest wetland flag to the closet point of disturbance. Ms. Sharkey feels the fill should be pulled back 25’ from each flag. She asked to see the as-built. A new plan is needed and should include numbering for the new wetland flag line, erosion controls, the existing disturbance and the proposed location of fill and lawn. Ms. Van Roo asked for a narrative of what is to be done.
A site walk was planned for December 5, 2017 at 11:15 AM.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0937) Cory and Natalia Lopes, 32 Linden Street to January 8, 2018 at 8:15 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

8:45 PM (NOI-DEP #143-0939) PUBLIC HEARING CONTINUED: 136 Perry Street/GALIMI HAYES, ROSE MARIE.
JP Connelly of Andrews Survey and Engineering joined the meeting. A construction sequence was added to the plan. He designated an area, which previously was the stockpile area, for a silt sack surrounded by erosion control for a temporary dewatering area. He described how that area would be constructed. A discussion was held.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for (NOI-DEP #143-0939) Rose Marie Galimi Hayes, 136 Perry Street. Mr. Greco seconded the motion. Vote: Unanimous.

8:52 PM (NOI-DEP #143-0940) PUBLIC HEARING CONTINUED: Walnut Street, Lot #5/WALNUT STREET DEVELOPERS, INC.
JP Connelly of Andrews Survey and Engineering joined the meeting. The plan now shows a proposed deck and stairway. Mr. Connelly does not know the status of the BOH approval.
Ms. Sharkey made a motion to close the public hearing and issue an Order of Conditions for (NOI DEP #143-0940) Walnut Street Developers, Inc., 115 Walnut Street, for the plan dated 11/27/17. Ms. Van Roo seconded the motion. Vote: Unanimous.

8:56 PM (NOI-DEP #143-0---) PUBLIC HEARING CONTINUED: 45 Crescent Lane, Lot #10/CRESCENT LANE, LLC.
Ms. Sharkey made a motion to continue the public hearing for (NOI DEP #143-0---) Crescent Lane, LLC, 45 Crescent Lane, Lot #10 to January 8, 2018 at 8:30 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

9:05 PM (NOI-DEP #143-0---) PUBLIC HEARING CONTINUED: 41 Crescent Lane, Lot #11/CRESCENT LANE, LLC.
Ms. Sharkey made a motion to continue the public hearing for (NOI DEP #143-0---) Crescent Lane, LLC, 41 Crescent Lane, Lot #11 to January 8, 2018 at 8:45 PM. Mr. Greco seconded the motion. Vote: Unanimous.

DISCUSSION:
1. Request for a Certificate of Compliance: William Wilson, 103 Webster Street (DEP #143-0608). Mr. Wilson joined the meeting. The shed Mr. Zisk had questioned during his site walk on 11/24/17 is now gone.
Ms. Sharkey made a motion to issue a Certificate of Compliance for William Wilson, 103 Webster Street (DEP #143-0608). Ms. Van Roo seconded the motion. Vote: Unanimous.
2. Request for a Certificate of Compliance: Scott Shea, 71 Old Farm Road (DEP #143-0918). Mr. Shea joined the meeting and presented an as-built plan and photos.
Ms. Sharkey made a motion to issue a Certificate of Compliance for Scott Shea, 71 Old Farm Road (DEP #143-0918). Ms. Van Roo seconded the motion. Vote: Unanimous.
3. Request to Remove Trees: Marilyn Fuller, 84 Bigelow Road. Ms. Brown presented correspondence and photos from Ms. Fuller asking if she can have two rotted trees removed. They are a safety hazard. It was the consensus of the Commission that Ms. Fuller needs to file an RDA.
4. 7:16 PM - 2018 Meeting Schedule. Ms. Sharkey made a motion to accept the 2018 Conservation Commission Meeting Schedule as presented. Ms. Van Roo seconded the motion. Vote: Unanimous.
5. Annual Town Report. The Commission reviewed the report and had no comments.
6. Sign Vouchers (2).
7. Minutes: October 16 & November 13, 2017.
Approval of the October 16 and November 13, 2017 Conservation Commission meeting minutes was deferred to the next meeting.

OTHER BUSINESS:
8:59 PM Paul Hutnak of Andrews Survey and Engineering joined the meeting. He stated that the driveway for 86-88 Gilboa Street is being constructed. He was contacted by the applicant, Barbara Bowie, who would like to move the driveway approximately 9’ to the right. All the trees have been cut, except a 24” oak they are trying to save.
Ms. Brown went by the site for the last meeting and saw that the area was already gouged out, but there were no erosion controls. She did not see any evidence of erosion into the street. Mr. Zisk had not been notified to go out and inspect the erosion controls. The erosion control is now up. Ms. Brown told Mr. Hutnak to put a DEP number on the site and to confirm that the NOI has been recorded.
Ms. Sharkey made a motion that moving the driveway 9’ to the right is to be considered a minor plan change for (NOI-DEP #143-0917) 86-88 Gilboa Street, Barbara Bowie. Mr. Greco seconded the motion. Vote: Unanimous.

Ms. Brown spoke to the Town Administrator, Mr. Wojcik, about possibly hiring a consultant while Mr. Zisk is out. Mr. Wojcik thought it would be to the Commission’s benefit to vote to hire Art Allen of Eco Tec to be that consultant.
Ms. Sharkey made a motion to hire Art Allen of Eco Tec as a Conservation Consultant, as needed. Mr. Greco seconded the motion. Vote: Unanimous.

9:22 PM ADJOURNMENT:
Ms. Van Roo made a motion to adjourn the meeting at 9:22 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
 
Posts: 529
Joined: Thu Jan 12, 2012 8:56 pm

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