2

Conservation Commission

One Liberty Lane

Norfolk, MA 02056

Meeting of August 22, 2012

Commission Members / Others
John Weddleton ---- Chair ------present / Janet DeLonga ---Agent ------present
John Wayne ------V. Chair-- -present / Marie Simpson –Ad. Asst.------present
Joyce Terrio ------Clerk --- -- present
Ellen Friedman -----Member --- present
Dan Crafton ------Member ----present
Patrick Touhey -----Member ----absent
Michelle Lauria -----Member-----absent

The duly posted meeting of the Norfolk Conservation Commission convened at 7:30 p.m. in room 105C at the Norfolk Town Hall.

Mr. Weddleton announced that this meeting is being audiotaped. Said announcement being pursuant to G.L. c.30A, §§18-25, the Open Meeting law.

PUBLIC HEARING:

9 (Lot 30) Willow Place – DEP/NCC #240-532 – the Applicant, Kenneth Caputo, had requested via-mail correspondence that the public hearing be continued. Mrs. Terrio made the motion to continue the public hearing to September 12, 2012 at 7:31 p.m. Mrs. Friedman seconded the motion. The vote on the motion was unanimous.

NEW BUSINESS:

The members reviewed a 2nd draft of the proposed hunting bylaw. Mr. Wayne stated that signs should be posted at all entrances into Norfolk if/when the bylaw passes at town meeting. Mr. Weddleton noted that it would be up to the Police Chief to determine the fines for violations. The draft bylaw will be forwarded to the Selectmen’s office. Mr. Weddleton will review the bylaw with the Town Administrator and with the Police Chief in the near future.

MINUTES:

The minutes of August 8, 2012 were reviewed. Mr. Crafton made the motion to approve the minutes as revised (typo). Mrs. Terrio seconded the motion. The vote on the motion was unanimous.

ACTION ITEMS:

The Order of Conditions for the paving project proposed by the Department of Corrections, DEP/NCC #240-534 was reviewed. Mr. Wayne made the motion to approve the Orders as drafted. Mrs. Terrio seconded the motion. The vote on the motion was unanimous.

A certificate of release for the expired Orders of Conditions encumbered upon the property at 39 (lot 19) MA Ave. was approved and signed. The prescribed fee under the Wetlands Protection Bylaw was received for this request.

CORRESPONDENCE:

A memorandum, dated August 17, 2012, was received from Wetland Strategies regarding the observations of a recent field inspection of 9 (Lot 30) Willow Place. Mr. Weddleton reported that the Applicant canceled their scheduled appointment with the Planning Board on August 21, 2012 after receiving the wetland report. Wetland Strategies, the Commission’s consultant for the project, felt that the wetland line as shown on the revised plan was not correct and that the line should be moved between 20 and 40 feet upgradient. The Applicant e-mailed the office with a request to attend an on-site meeting with the Commission’s consultant and their wetland person to hear first- hand what the issues were. Mr. Weddleton noted that only the wetland consultants representing the Applicant and the Commission should be present for the on-site inspection.

PUBLIC HEARING:

8:00 p.m. Alexis Realty/Lot 47 Cleveland Street- DEP/NCC #240-532. Rob Truax, from GLM Engineering was present. He presented a revised plan, dated 8/21/12 showing the elimination of a leaching pit for stormwater runoff and the addition of a rain garden in its place. Mr. Truax noted that he was not satisfied that the leaching pit/catchbasin would not flood as there was no outlet. The rain garden will be constructed at the lowest elevation adjacent to the driveway. Mr. Truax stated that he would be able to provide at least 30 inches of septic sand beneath the rain garden with a perforated pipe in the middle of the garden. He will also install a clean out pipe. No filter fabric will be used as Mr. Truax feels that the fabric will eventually clog. Calculations for the rain garden were presented. The agent will review the calculations. Mr. Truax will return to the Commission in two weeks. Mrs. Terrio made the motion to continue the hearing to September 12, 2012 at 7:50 p.m. Mr. Wayne seconded the motion. The vote on the motion was unanimous. The Board determined that no outside peer review of the rain garden would be required. The hearing adjourned at 8:10 p.m.

NEW BUSINESS;

Mr. Crafton noted that the Community Preservation Committee (CPC) was looking at Dennis Marguerite’s subdivision (Mill River Estates) off Myrtle Street for purchase ($1.2 million). The subdivision consists of 9 approved lots. The CPC is also looking at vacant property off Holbrook Street at the Millis line. They are also finalizing construction plans for Gump’s Farm.

The Board discussed that the public hearing sessions for 106 Main Street have been ongoing for quite some time. The Applicant is now engaged in a lawsuit with the adjacent property owner. The Applicant may not be submitting a filing with the Planning Board for many months to come. A concern was expressed that there may be new members onboard that would have to vote on the Orders of Conditions. The Board will contact the Town Clerk for guidance on the Rule of Necessity for members to vote on the matter.

REORGANIZATION:

The Board will await reorganization until all members are present.

VOUCHERS:

Mr. Crafton made the motion to release all monies held in an escrow account for Mill River Estates (Dennis Marguerite). Mrs. Terrio seconded the motion. The vote on the motion was unanimous.

Mr. Wayne made the motion to adjourn the meeting at 8:30 p.m. Mrs. Terrio seconded the motion. The vote on the motion was unanimous.

______,

Joyce Terrio, Clerk

In accordance with the requirements of G.L. 39 § 23B, approval of these minutes by the Board constitutes its certification of the date, time and place of the meeting, the members present and absent, the matters discussed, and the action taken by the Board with regard to those matters (if any). Any other information contained in these minutes is included for context only. Notes memorializing deliberation or discussion of any matter are in the summary form and may include inaccuracies or omissions. Where proof of the content of a statement is required, a tape recording or transcript should be consulted, if available.