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HomeMy WebLinkAboutmin of conservation com 12/18/2006 r RECEIVED . , ['I c-pvs OFF ICE Conservation Commission Meeting . . - . December 18, 2006 07 JAN 25 PM ,: 29 Present: Colin Cauldwell, Chair; Carole Matthew; Ben Monachino; f1A4Y3<Pmi!:tlski; Jack Smith; Jerry St. Hilaire; Michele Grenier, Conservation and ~~tPTaTt6er. Jennifer and Joseph Affanato, the homeowners, have owned the home for 17 years and were not aware of the Order of Conditions on the property. The house is now being sold and the buyers' attorney found the Order of Conditions on the deed without a Certificate of Compliance. The Affantos have submitted an as built and are requesting a Certificate of Compliance be issued. Michele performed a site visit, reviewed the original plans and a Certificate of Compliance should be issued. Michele told the Commission this is another example of a whole subdivision being built and not filing individually for each lot. She told the Commission the house is not near any wetlands but is included in the subdivision's Notice of Intent. The house should not r- be under an Order of Conditions; it is well over 1000 ft. away from any resources. Colin asked if the subdivision has received a Certificate of Compliance. Michele said only a partial COC has been issued, for the 2 lots that come under Conservation jurisdiction. Michele: "This is an example as to why a separate Notice ofIntent be submitted for the roadway and each lot be required to file a separate Notice of Intent." Jack made the motion to issue a Certificate of Compliance for 46 Monahan Lane, Lot # 23, in the Tara Estates Subdivision. Jerry seconded. Passed 5-0. Gary D"Ambra and Chris Cox from the Electric Department were present. The Request for Determination of Applicability was filed after the work, the relocation of an electrical conduit on Francis Avenue, had been done. Project requires a new concrete encased ductbank and a new three-phase transformer be installed. The old three-phase pad mount transformer and the abandoned electrical conduit will be removed. r 1. Michele received a call about the work being done near wetlands between the Electric r- Department and Francis A venue. A trench was being dug to relocate the electrical service for the 51 Francis Avenue parcel. Michele told them to finish the work but to file an After-the-Fact RDA and to establish a new hay bale line. Gary explained the land at 51 Francis A venue had recently been subdivided and the second parcel had been sold. The electrical service for the original house was on the sold parcel. The work being done was to relocate the service. Gary told the Commission they knew there was an isolated wetland on the property but there was an existing hay bale line already established from a year ago and they thought it was sufficient for the work now being done. They have since added a hay bale line adjacent to the old hay bale line (between the new ductbank and the wetland). Jack made the motion to issue a Negative 3 Determination for the work at 51 Francis Avenue. Jerry seconded. Passed 5-0. Ben arrived at 7:20. r Notice of Intent: Aldo Paglia, Massapoag Realty Trust, Lot 7, Gilbert Street: The Commission wanted the minutes to state the applicant did not follow the guidelines in regards to the hiring of a wildlife scientistlbiologist with a Masters Degree. At the November 27,2006 meeting, the Commission asked that the applicant submit the names of 2 scientists for approval. This was not done. Therefore, the COmmission will review their consultant's report and if the COmmission feels another consultant needs to be hired, the applicant will, at his own expense, submit the names of 2 scientists for the approval of the Commission. A copy of the report will be submitted to Natural Heritage. Michele wanted the Commission to know after meeting with town council, it was decided Bob Mangiaratti would call Peter Fontanini's lawyer, Ed Valanzola, to let him know the Commission was within the law when a "posted" meeting was held to hire Peter Fletcher for an independent review of Mr. Fontanini's land and the Enforcement Orders were legally enforceable. Mr. Valanzola had questioned the legality of the meeting and did not feel the Enforcement Orders had any jurisdiction over the property as they were written, either thru the local bylaw or the State Wetland Protection Act. r , . Mr. Steven Borghi's mother is in the process of preparing a Notice ofIntent for 102 York r Road. The contractor has been in touch with Michele. She told him to get an original plan for the house and restore the site according to that plan. Michele has not heard from Shaun Kelly of 20 Carol Road. Cindy made the motion to accept the minutes of November 27, 2006 as written. Carole seconded. Passed 6-0. A motion was made to adjourn (paul/Jack). Next meeting will be January 22, 2007 at 7:00 pm. ~/zC~7 Date r ~ l .