10/6/14 Meeting Minutes

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10/6/14 Meeting Minutes

Postby Mary Wright » Sun Jan 11, 2015 5:35 pm


A meeting of the Conservation Commission was held on Monday, October 6, 2014. Ms. Brown called the meeting to order at 7:08 PM.

PRESENT: Linda Brown (Chairman), Tracy Sharkey (Vice Chairman), Dwight Bristowe, Michael Greco, Brandi Van Roo (arrived at 7:16 PM), Stephen Zisk (Conservation Agent)
ABSENT: Jeremy Manning (unexcused)

Mr. Schneiwind joined the meeting. Ms. Brown read the announcement for the public meeting. Mr. Zisk presented the location of the free-standing pagoda. Mr. Schneiwind is filing after the pilings have been installed because he was unaware that the permit had not be issued. There will be no further landscaping.
Ms. Sharkey made a motion to issue a negative determination for 31 Jepherson Drive. Mr. Greco seconded the motion. Vote: Unanimous.
Mr. Schneiwind left the meeting.

2. 7:17 PM (NOI-DEP #143-0880) PUBLIC HEARING: 100 Pine Street/SCHOLZ, EDWARD.
Mr. Scholz and Mike Yerka of Civil Site Engineering joined the meeting. Ms. Brown opened the public hearing. Mr. Yerka stated that the proposal is to eliminate some of the trees in the side and back yard to construct an agricultural use area to include a raised garden area and a greenhouse. For mitigation, they are proposing planting shrubs and fruit trees along the border. They are planning to add on to an existing shed and construct a two-car garage off the existing driveway. They will remove the large trees at the entrance of the driveway on Pine Street.
Mr. Scholz is not planning on using any pesticides or fertilizers. He stated that he will be farming organically. Mr. Scholz stated that an agricultural venture riverfront only requires 100’. The garage is not associated with the farm, but it is within the 200’. Mr. Scholz does not know if a report for economic alternatives was submitted.
Ms. Sharkey made a motion to close the public hearing and issue the Order of Conditions for (NOI-DEP #143-0880), 100 Pine Street, Scholz, Edward. Ms. Van Roo seconded the motion. Vote: Unanimous.
Mr. Scholz left the meeting.

3. 7: 17 PM (NOI-DEP #143-0879) PUBLIC HEARING CONTINUED: 145 Southeast Main Street/MORRIS, SCOTT and MITCHELL, KIMBERLY.
Ms. Brown continued the public hearing. Normand Gamache of Guerriere and Halnon joined the meeting. Ms. Mitchell and Mr. Morris were also present. Mr. Gamache stated that since the site walk, they have addressed the comments. Three different stockpile areas are now shown on the plan.
The project will now be completed in stages. The first stage will be the construction of the driveway up to the project. Once that is completed, the crossing will be done. After the crossing is complete, the rest of the site would be developed.
A wetlands scientist did determine that the area in question is a stream, and he flagged its boundaries. Therefore, instead of installing pipes, they will install an open-bottom culvert. They received something from the Div. of Fisheries and Wildlife saying that the area is not a take for natural heritage.
Mr. Zisk stated that he has added two conditions to the Special Order of Conditions to state that bonding for the bridge and the replication must be done prior to commencement of any activity at the site. Mr. Gamache will get estimates.
Ms. Van Roo made a motion to close the public hearing and issue the Order of Conditions for NOI-DEP #143-0879, 145 Southeast Main Street, Morris, Scott and Mitchell, Kimberly. Ms. Sharkey seconded the motion. Vote: Unanimous.

1. South Street Bridge: Pole Petition. Jim Noyes from Greenman-Pederson joined the meeting. He stated that the original filing for the NOI and the Order of Conditions called for the relocation of one utility pole. He met with National Grid and Verizon in July and they said that the distance between the existing poles is too long and they want to put in two new poles. The number of poles will not change. The Commission had no objection and approved the petition by consensus. Mr. Zisk gave an update on the project.

4. 7:45 PM (NOI-DEP#143-0881) PUBLIC HEARING: 27 J P Manning Way/PLAYS, BARBARA.
Ms. Brown opened the public hearing. Eric Bazzett of Heritage Design Group joined the meeting. They are proposing to remove the existing house and replace it with a new house, close to the same location. Half of the house will be within the buffer zone. They are proposing a well closer to the water.
Mr. Bazzett showed where they propose to place straw wattles for erosion control. Ms. Sharkey asked that the erosion controls be extended forward towards where the work is. She asked that the stockpile be outside the buffer. Mr. Bazzett stated that some stockpile may have to be within the buffer.
A discussion was held regarding the well line, stockpile, foundation drain and whether or not to remove a tree. The Commission allowed removal of the tree. Ken Bernard, the builder, stated that they would like to remove that 30” oak. Mr. Zisk will make that a condition.
Roy Temple of 118 Northwest Main Street asked for clarification that there would not be any changes to the septic system. Mr. Zisk stated that the septic system is not part of the filing and is outside the Conservation Commission’s jurisdiction.
Ms. Van Roo made a motion to close the public hearing and issue an Order of Conditions for NOI-DEP#143-0881, 27 J P Manning Way/Plays, Barbara with the condition that only the 30” oak tree be removed. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Zisk will need to be notified to inspect the erosion controls before the work begins. Mr. Bazzett left the meeting.

5. 8:00 PM (NOI-DEP #143-0883) PUBLIC HEARING: 283 Southwest Main Street/CICCONE, ANTHONY.
Ms. Brown opened the public hearing. Normand Gamache of Guerriere and Halnon joined the meeting. Mr. Zisk stated that there is still an outstanding Order of Conditions. Mr. Gamache stated that he did file for a Certificate of Compliance for the original Order to connect the bathroom to the updated septic system. He stated that the property is adjacent to Crystal Lake. In 2006 they filed a Notice of Intent to upgrade the septic system. Their limit of work was outside the 25’ buffer, but inside the 50’. They did an as-built for the septic.
The applicants want to tear down the shed and increase the size of the house. After the septic was installed, the client put regrind on top of his driveway. Mr. Gamache proposed reclaiming a portion of the driveway, re-vegetate the area and a corner of the wetlands. The revised treeline will be on the other side of the septic system. The applicant is not the original owner. A discussion was held.
Mr. Ciccone described the work he did to his property after the septic was put in. He evened out his driveway, added stone dust and made it level. He put in a fence for privacy. Ms. Van Roo noticed dumping of debris along the wetland. The Commission asked Mr. Ciccione to put a tarp over the sand pile tonight and add erosion control. The Commission planned a site walk for October 9, 2014 at 5:15 PM.
Ms. Sharkey made a motion to continue the public hearing NOI-DEP #143-0883, 283 Southwest Main Street, Ciccone, Anthony to October 20, 2014 at 7:00 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.
Mr. Gamache and the applicants left the meeting.

6. 8:18 PM (RDA) PUBLIC MEETING: (near) 34 Main Street, (near the causeway) Wallis Street and (near) 53 Mumford Road/DOUGLAS HIGHWAY DEPARTMENT.
Ms. Brown read the notice for the public meeting. Bill Cundiff, Town Engineer, joined the meeting. He distributed maps that show the project locations. The Main Street project shows an existing drainage pipe that discharges overland. John Furno, Highway Superintendent, is proposing a new catch basin and 50’ of 12” diameter pipe.
The second location is at the causeway. Due to erosion, Mr. Furno wants to shore up approximately a dozen locations throughout out the causeway with 8” diameter riprap.
The third location is near 53 Mumford Street. There is an existing 12” corrugated metal pipe that crosses the road that backs up. Water flows across the road. Mr. Furno wants to install two 12” corrugated metal pipes at that location.
Mr. Cundiff listed several other projects that the Highway Dept. is planning for the Fall. On Northwest Main Street, Mr. Furno wants to place full-width overlay over the 700’ of water pipe that was recently installed. The wetland area is at the low point. They are 60’ to 70’ away from it.
Mr. Furno is hoping to pave the entrance way to Martin Road Park. Mr. Cundiff is looking for a minor modification to the filing to change from t-base asphalt to a paved surface. A discussion was held. Ms. Brown asked Mr. Zisk to research the original filing. This item will be discussed further at the October 20, 2014 meeting.
Ms. Sharkey made a motion to issue a negative RDA on Douglas Highway Dept., (near) 34 Main Street, (near the causeway) Wallis Street and (near) 53 Mumford Road. Ms. Van Roo seconded the motion. Vote: Unanimous.
It was the consensus of the Committee to pave Northwest Main Street and for Mr. Cundiff to come back with more information for the Martin Road Park project.
Mr. Cundiff left the meeting.

7. 8:32 PM (NOI-DEP #143-0882) PUBLIC HEARING: 10 Smith Hill Way/FRANKEL, STEVEN.
Ms. Brown opened the public hearing. Mike Yerka of Civil Site Engineering joined the meeting. He stated that the applicant wishes to install an in-ground swimming pool, a concrete walk around the pool, a pool shed and some fencing. A discussion was held regarding moving the erosion control to the top of the embankment.
Diseased hemlocks will be removed. Ms. Sharkey advised Mr. Yerka to research the proper disposal method.
A site walk was planned for October 16, 2014 at 5:15 PM.
Ms. Sharkey made a motion to continue the public hearing, NOI-DEP #143-0882, 10 Smith Hill, Frankel, Steven to October 20, 2014 at 7:30 PM. Ms. Van Roo seconded the motion. Vote: Unanimous.
Mr. Yerka left the meeting.

2. 436 Northeast Main Street Solar Project: Proposed Gates. Tim Chaput of Gehrlicher Solar joined the meeting to represent Kevin Donegan, Project Manager. Mr. Chaput said that Mr. Donegan is proposing to install turtle gates every 100’ of the fence along the east side of the project.
The Commission stated that they want the length of the fence to be a minimum of 4” off the ground, which is the solution that was on the original Order of Conditions. Until that is addressed, the Commission does not want to see any alternatives. The Commission expects a representative of Gehrlicher Solar to be present at the October 20, 2014 meeting. Mr. Zisk showed Mr. Chaput the condition on the Order of Conditions. Mr. Chaput will report back to Mr. Donegan.
3. 41 Pine Street: Status. Mr. Zisk stated that they did an ANR on the property. Mike will do another ANR for the lot that has a driveway easement, off of Southeast Main. A permanent plan will be done for the remaining land to record the conservation land. The applicant will be going before the Planning Board.
4. Jean Chamberlain, 169 Davis Street: Violation Notice. Bill Gingras, 10 Manchaug Street joined the meeting. Mr. Zisk stated that potential violations were identified upon an inspection by Exxon Mobile while working in the area. The violations are located in or near the easements that run along the property. The Commission has not substantiated the claim.
Mr. Gingras stated that he was stockpiling compost and waiting for it to be screened when Mr. Zisk came over. Since then, the stockpile has been cleared. There is no excavation work being done there. There are hay bales along the wetlands 50’ from the existing gas line. He does not think that there is any violation. Mr. Gingras granted Mr. Zisk permission to go to the property and take pictures. Mr. Zisk will go to the property on Saturday morning. Mr. Gingras left the meeting.
5. Miller, Shore Road: Violation Notice. Bob Miller and Bob Murphy joined the meeting. Mr. Zisk stated that he had received a call from the DEP about a complaint. Mr. Zisk investigated. He presented the plan that was submitted for Lakewood Estates that shows the wetlands.
Since Mr. Miller spoke with Mr. Zisk, he has asked Bob Murphy, a wetlands scientist, to look at the area. Ms. Brown stated that they have seen that work has been done in the wetland. Mr. Miller would have to provide proof that the wetland is not within 100’ of the work that Mr. Miller has done.
Mr. Murphy stated that he has gone to the location and looked at the flagged area. He did not have a copy of the plan. The work being done appeared to be cleaning out a clogged drain at the edge of the wetland.
Ms. Brown claims that the road is not in its original condition. The work done is extensive, was done using machinery, and is far beyond the scope of cleaning out a drain.
Ms. Sharkey stated that Mr. Zisk told Mr. Miller to only do work on his own property however, Mr. Miller continued to do work across the street. A discussion was held.
Mr. Murphy did not agree with all the flags that were out there. He did not see evidence that the water coming into the culvert was from the wetland.
There was a dispute about the boulders. Mr. Miller stated that he did not put them there; they were existing, but he excavated them out of the roadside.
Diane Miller stated that no trees were cut down in that section. There was a swale where the rocks were buried. The rocks create a problem when water from the road runs off into the swale.
Ms. Van Roo made a motion to issue a violation with a $100 fine. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Miller offered to file a Notice of Intent to design a culvert and do the drainage properly for the area near the culvert. Ms. Brown stated that Mr. Murphy will need to flag the wetlands around where the work has been done. Mr. Zisk will get a copy of the plans to Mr. Murphy.
Mr. & Mrs. Miller and Mr. Murphy left the meeting.
6. Douglas Soccer/Centerville Brook: Violation Notice. Mr. Zisk explained that the Division of Fisheries and Wildlife discovered a pump in Centerville Brook. Greg Massotti and Matt Loehr of Axmen Soccer joined the meeting. As Field Manager, Mr. Loehr has invested a lot of time maintaining the field. The soccer program invested $12,000 to put in sod. The concept of pumping water out of the brook to irrigate the field pre-existed his tenure. Every summer for at least the last five years, water would be pumped out of the brook as needed. They are done watering the field for the year.
The club needs to file a withdrawal permit if they want to continue taking water from the brook. Another possibility would be to drill a well.
Ms. Sharkey made a motion to issue a violation with a $100 fine. Mr. Greco seconded the motion. Vote: Unanimous.
7. North Village, LLC: Mr. Zisk stated that this project is about to begin. There was a discussion regarding Mr. Zisk being an abutter.

8. Order of Conditions: Alfred Daprato, Colonial Road (DEP #143-0875).
9. Order of Conditions: L &B Realty Trust, 12 Bigelow Road (DEP #143-0877).
10. Order of Conditions: Michael Cnossen, 16 Shady Lane (DEP #143-0878). Mr. Zisk did receive a revised plan. The Commission felt that the public hearing was not closed. This item was not signed. This item is to be placed on the next agenda.
11. Request for Extension for Order of Conditions: Kevin Bliss, 24 Perry Street (DEP #143-0789).
12. Request for Extension for Order of Conditions: Richard & Debra Morris, 79 Mumford Street (DEP #143-0873).
13. Request for a Certificate of Compliance: Erin Andrews, 192 Maple Street (DEP #143-0837).
14. Request for a Certificate of Compliance: Anthony Ciccione, 283 Southwest Main Street (DEP #143-0717). This is a violation notice.

MINUTES: August 4, 2014 and September 2, 2014
Approval of the meeting minutes for August 4, 2014 and September 2, 2014 was deferred to the next meeting.

Ms. Van Roo made a motion to adjourn the meeting at 9:48 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 561
Joined: Thu Jan 12, 2012 8:56 pm

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