October 16, 2017 Conservation Commission meeting

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October 16, 2017 Conservation Commission meeting

Postby Mary Wright » Thu Apr 19, 2018 9:23 pm


A meeting of the Conservation Commission was held on Monday, October 16, 2017. Ms. Brown called the meeting to order at 7:05 PM.

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

Ms. Brown stated that the applicant has requested a continuance.
Ms. Sharkey made a motion to continue the public hearing for (NOI-DEP #143-0924), Gilboa Drive, Carol Gogolinski and William S. Cogley to November 13, 2017 at 7:45 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

7:09 PM (DEP #143-0773) Walnut Street.
Mr. Zisk stated that this property is for lots #2 and 4 and the applicant filed just for the crossing. The applicant’s work is associated with the access for the common driveway and the crossing. All the other work is outside the Commission’s jurisdiction. Mr. Zisk told Joshua Audet that he will need a bond for the replication and the cost of the crossing. Mr. Audet joined the meeting. He would be doing the work himself.
Jack Blatchford joined the meeting and said that Mr. Audet is going to combine the two lots.
The Commission was willing to reduce the bonding for the crossing, but Mr. Audet must bond the replication area at the set amount. Mr. Audet has installed silt fence and straw wattles. Mr. Zisk will need to inspect the erosion controls before any work is started.
Ms. Sharkey made a motion to accept the bond amount of $4,374.50 for the crossing at 139 Walnut Street. Ms. Van Roo seconded the motion. Vote: Unanimous

7:33 PM (NOI-DEP #143-0934) PUBLIC HEARING CONTINUED: 294 Northwest Main Street/FARINEAU, DONALD.
Ms. Brown stated that the applicant asked for a continuance.
Ms. Sharkey made a motion to continue the public hearing for NOI-DEP #143-0934, 294 Northwest Main Street, Donald Farineau to November 13, 2017 at 7:15 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.

7:34 PM (ANRAD-DEP #143-0936) PUBLIC HEARING CONTINUED: 30, 46 & 50 Southwest Main Street/BASILE, LAWRENCE.
David Feist of McClure Engineering, wetlands scientist MaryAnn DiPinto of Three Oaks Environmental, Paul Yorkis of Patriot Real Estate, Art Allen of EcoTec and Mr. Basile joined the meeting. Mr. Feist stated that since the last meeting, Ms. DiPinto has reflagged the additional wetlands area on the northwest corner of the property and installed additional flags along the edge of the pond. Last Friday, Mr. Allen walked the property. Mr. Feist reviewed the ANRAD portion of the plan. He received Mr. Allen’s letter today and he will make those revisions to the plan.
Mr. Zisk explained that at the last meeting, the ANRAD was opened and everything was flagged except one area, which Mr. Allen has now flagged. A new pond near a pre-existing pond was created within the last three years. Mr. Basile explained how the pond was made.
Mr. Allen stated that it appears that the D-series wetland where the pond is, has been a wetland for an extended period of time. Historically, it had been a depression pond. The new pond and the old pond are within bordering vegetative wetlands (BVW) The work that is currently being done is clearly unregulated activity, without proper authorization. Mr. Allen explained the process to create a pond within a BVW. The pond appears to be ornamental in nature and difficult to permit. It has outlet pipes and a spillway.
The applicant voluntarily ceased and desisted. All equipment in the work area has been removed as of last Friday. Mr. Basile explained that the work started two years ago when people from Fisheries and Wildlife came out. Mr. Basile has a letter, which he submitted to the Commission this evening, from that department explaining how to construct a wildlife pond and explaining the need to protect Morse Pond from the material that is coming off of the road and from the sump pump. Ms. DiPinto explained that this area would be acting as a settling basin and stormwater renovation. Ms. Van Roo stated that the letter does not tell Mr. Basile to build a pond. The letter states that it takes many permits from State and local agencies to create a pond. She feels that the applicant’s intent was to build a coi pond.
Mr. Feist explained that the applicant’s intentions were to make a wildlife habitat. Going forward, the applicant would like to permit the work. They plan to file a Notice of Intent (NOI).
Rob Sperone stated that the pond was originally constructed in 2008. It was constructed with clay, which slid to the bottom of the pond and created a mud pit. In order to have clean water in the pond, a liner needs to be installed. This spring, the clay was removed, and washed sand and permeable fabric were installed. A liner has not yet been installed. The material Mr. Sperone removed was not native material. A discussion was held.
Mr. Allen feels that any work or restoration of the area should be under an NOI. Mr. Allen suggested looking at the chronology to see how long this area was a pond, then create a restoration plan. The Commission stated that the applicant must file an NOI for the November 13, 2017 meeting.
As far as the ANRAD, the area has been reflagged and the plan will be revised accordingly. The ANRAD is for all three properties listed.
Ms. Sharkey made a motion to issue a $100 fine for the violation of filling the existing depression with sand and filter fabric for ANRAD-DEP #143-0---, 30, 46 & 50 Southwest Main Street, Lawrence Basile. If a Notice of Intent is not filed by November 13, 2017, another violation will be issued and the applicant will be required to remove the sand and filter fabric. Ms. Van Roo 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 November 13, 2017 at 8:00 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.
Mr. Zisk explained the process to file an NOI.

1. Alfred Daprato, Colonial Road, Lot #10 (DEP #1 43-0875), Update. Ms. Brown presented photos. The straw wattles have been moved and plantings done according to the plan. The wetland had not been disturbed, just the buffer area. The Commission informed the applicant that he can begin building his house.
2. Request for a Certificate of Compliance: Webster Ventures, 146 Monroe Street, (DEP #143-0858). Mr. Zisk presented photos of the site. Rob Sperone joined the meeting. He did the original installation, and he has now widened the road to the full 18’ for the whole length. He stated that the grass grew over the gravel so that it appeared very narrow. When the grass was peeled back, the road was mostly 18’. He did widen the road in a few spots. Mr. Zisk will take measurements to verify that the road is now 18’ the whole length, especially at the bend.
3. Lopes, 32 Linden Street. Mr. Zisk stated that they have paid the fine and have filed an NOI. They are on the agenda for the next meeting.
4. Request for a Certificate of Compliance: Leslie Stevens, 66 Depot Street, (DEP #143-0927). Mr. Stevens joined the meeting. Mr. Zisk presented photos of the site. The Commission reviewed the as-built. There is a 10’ impact within the 50’ buffer zone. The silt fence was installed in the wrong location. Mr. Stevens was told to not remove the silt fence along the back of the property and bring the straw wattles up to hug the bushes for another six months to a year to allow it the area to naturalize.
Ms. Van Roo made a motion to issue a Certificate of Compliance for Leslie Stevens, 66 Depot Street (DEP #143-0927) with the condition of photographic proof received by Mr. Zisk that the erosion control line has been moved as discussed. Ms. Sharkey seconded the motion. Vote: Aye-3, No-1.
Ms. Sharkey stated that a letter was received from the engineer stating that the change was not substantial and that a portion of the lawn area was slightly extended into the 50’ buffer behind the shrubs.
5. Voucher.
6. Minutes: September 18 & October 2, 2017
Approval of the September 18 and October 2, 2017 Conservation Commission meeting minutes was deferred to the next meeting.

Mr. Zisk received some proposals for cutting conservation land. On the Manchaug Road land, there will be some hand cutting, clearing along the perimeter, removal of material and brush hogging. The French property will be brush hogged. Mr. Zisk will take photos after the work is done. Now is the correct time of the year for the work to be done.
Ms. Sharkey made a motion to approve the quote from Nydam Landscaping for the work on the conservation properties for a cost of $1,450 for Manchaug Road and $950 for the French property. Ms. Van Roo seconded the motion. Vote: Unanimous.
The Commission was in agreement to allow Ms. Van Roo to do bird survey work next spring, summer and fall at the conservation lands.

Ms. Sharkey made a motion to adjourn the meeting at 9:10 PM. Mr. Greco seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 609
Joined: Thu Jan 12, 2012 8:56 pm

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