Wrentham Conservation Commission Minutes of August 25, 2011 A regular meeting of the Wrentham Conservation Commission was held Thursday evening, August 25, 2011, in the Wrentham Town Hall Meeting Room. Present were Chairman Leo Immonen, Vice Chairman George Smith, Jr., members Barry Kassler, Christopher Yarworth, Michael Mavrides, Laura Gaudioso, and Agent Darryl Luce. Member Dianne Demarais was absent. The Chairman opened the meeting at 7:39 p.m. and announced that the meeting was being videotaped. _____________________________________________________________________________ A motion to approve the Order of Conditions for 1552 West Street, file# SE 351-971, was made by Mr. Kassler and seconded. The motion passed unanimously, 6-0. Meeting status: Continued Public Hearing of Notice of Intent Time: 7:49 p.m. Project: 510 Washington Street File #: SE-351-971 Information Submitted: Letter from the Natural Heritage and Endangered Species Program, dated August 22, 2011, finding “…does not occur within Estimated Habitat….” Revised Plans, 2, 24x36” plans dated August 1, 2011. Applicant/Rep Present: Richard Merrikin, Merrikin Engineering (representative). Public Input: None Discussion: Mr. Merrikin explained the changes made to the plans, principally a storm water management swale. Following a brief review of those plans the following points were discussed: Drainage swale: Mr. Yarworth stated that what was shown on the plan is not what he had thought would be produced based on his comments at the prior hearing. He said that he had intended that there would merely be a three-foot wide trench filled with stone. Paved areas: Mr. Yarworth also expressed an opinion that it would be better to landscape over the septic tanks with grass and move the pavement to the north end of the lot and limit further use by installing a fence. The Commission agreed that a post and rail fence would be preferred. Mr. Merrikin agreed to change the plans to reflect those comments and that he would need to put a gate on the fence to allow access to the sign. Motion: Based on Mr. Merrikin’s signed request, a motion to continue the hearing to September 8, 2011 at 7:45 was made by Mr. Kassler and seconded. The motion passed unanimously, 6-0. Meeting status: Continued to 9/8/2011 at 7:45. A motion to approve the Certificate of Compliance and release the Bond for the Order of Conditions for 1445 West Street, file# SE 351-830, was made by Mr. Smith and seconded. The motion passed unanimously, 6-0. Page 1 of 3 Pages Meeting status: Question from person in attendance Time: 8:18 p.m. Project: 129 Lakeside Avenue File #: None Information Submitted: Verbal testimony only. Applicant/Rep Present: Harvey Gordon (owner). Public Input: None Discussion: Mr. Harvey Gordon of 129 Lakeside Avenue stated that he wanted to know if he needed to obtain a permit from the Conservation Commission to demolish an existing porch at 129 Lakeside and reconstruct it in the same footprint. He stated that no digging would be needed. He further stated a dumpster would be maintained near the street and material placed there as soon as it was detached. Motion: Mr. Yarworth made a motion that the proposed activity is an exempt minor activity and that Mr. Harvey does not need to file for a permit. That motion was seconded and passed unanimously, 6-0. Meeting status: Over. Meeting status: Question regarding approved project Time: 8:23 p.m. Project: Ridge Estates off Creek Street File #: None. Information Submitted: Revised plan, 24x36”, provided prior to the meeting with last revision 8/3/2011. Applicant/Rep Input: Donald Nielson, Guerriere & Hanlon, Inc. (representative). Mr. Nielson explained that he sought the signatures of the Conservation Commission on the plans to be submitted to the Planning Board. A Determination of Applicability had previously been issued by the Commission. Public Input: None Discussion: Mr. Nielson stated that the changes to the plan consisted of a narrowing of the road pavement and the elimination of sidewalks. He also stated that he was primarily there to obtain a signature on that plan, from either the Chairman or Agent of the Conservation Commission, as required by the Planning Board prior to proceeding. The following topics were discussed: Fence: Previously, the Conservation Commission had issued a Negative Determination. Mr. Yarworth recalled that based on the requirement of the Natural Heritage and Endangered Species program, the Commission had required a bond to be held specifically for the fence by either the Commission or the Planning Board. Following some discussion it was determined that further research would be needed. Motion: Mr. Smith made a motion that the Chairman or Agent sign the plan subject to the Planning Board having a line-item for bonding the fence for a minimum of $15,000 on Ridge Estates. That motion was seconded, but was defeated 2-3-1 with Kassler and Smith voting “yes,” Mavrides, Immonen and Yarworth voting “no,” and Gaudioso abstaining. Mr. Yarworth made a motion for the Agent or the Chairman to sign the plan once a bond for $15,000 for the fence and signs has been posted and held by the Planning Board or Conservation Commission. Mr. Mavrides then made a motion to strike the “Planning Board” from Mr. Yarworth’s motion. Mr. Mavrides motion was seconded but failed 2-3-1 with Mavrides and Kassler voting “yes,” Immonen, Smith and Yarworth voting “no,” and Gaudioso abstaining. Mr. Yarworth’s previous motion was then seconded and passed unanimously, 6-0. Meeting status: Closed Page 2 of 3 Pages Meeting status: Question from Mr. Donald Nielson, Guerriere and Hanlon, Inc. Time: 9:00 p.m. Project: Tresca Brothers, Franklin Street, adjacent to Franklin, MA File #: SE 351-902 Information Submitted: No submitted materials. Applicant/Rep present: Donald Nielson, Guerriere & Hanlon, Inc. (representative of Tresca). Public Input: None Discussion: Mr. Nielson asked if the Conservation Commission would write a letter accepting responsibility for the monitoring of a Conservation Restriction that will be established on 15 acres at the back of the Franklin Street property. The restricted 15 acres would abut additional land that is restricted on an adjacent development off Industrial Drive. The Agent stated that to do such a letter will require a letter from the applicant requesting that the Commission agree to monitor the restriction for the Open Space. Mr. Nielson agreed to submit such a letter. Motion: Mr. Yarworth made a motion for the Agent to write a letter agreeing to manage the Open Space associated with the Tresca parcel upon receipt of a written request. That motion was seconded and passed unanimously, 6-0. Meeting status: Closed. A motion to approve the Certificate of Compliance for 9 Lake Street, file# SE 351-965, was made by Mr. Kassler and seconded. The motion passed unanimously, 6-0. General discussion: The Chairman announced that Wrentham Day was scheduled for Saturday, September 10, 2011. He stated that the Commission would have a table and invited members to volunteer time. It was decided to hold the minutes of August 11th until the photocopy machine was fixed and members could have a copy. The Agent then updated the Commission with respect to on-going projects and complaints. The action at 140 Riverside was awaiting cooler weather before planting. The Agent had met at the 395 Thurston Street site with the applicant and his contractor to discuss further work. The Agent had investigated a complaint on Burnt Swamp Road and found no work in jurisdictional areas. The Agent had investigated a complaint that Mr. Lewicki was working in the wetlands on Thurston Street. A machine was present digging septic test holes, in the upland, which is allowable, but the Agent found Mr. Lewicki “trimming brush” in the wetland. The Agent noticed that much of the wetland area was severely manicured except for planted blueberry bushes. Mr. Yarworth made a motion that the Agent contact the Department of Environmental Protection to discuss enforcement at the site. That motion received a second and passed unanimously, 6-0. Mr. Yarworth then made a motion to issue a Cease and Desist for all activity, including soil testing and cutting of vegetation, until the violation is resolved. That motion received a second and passed unanimously, 6-0. Regarding the MACC Fall Conference, Mr. Yarworth made a motion for the Commission to pay for Ms. Gaudioso to attend the basic educational classes. That motion was seconded and passed 5-0-1 with Ms. Gaudioso abstaining. A motion to adjourn was made by Mr. Kassler and seconded. The motion passed unanimously, 6-0. The meeting adjourned at 9:33 p.m. Page 3 of 3 Pages