Conservation Commission
Meeting
January 8, 2009
Peg Arguimbau Chairman, Christine Turnbull, Elizabeth McGrath, Stephen Cremer, and Hank Langstroth
were the members present.
8:00 p.m., Discussion of enforcement issues concerning Mr. Altieri’s property at
130 Norwood Street (Lot 4), 150 Norwood Street (Lot 3), and 61 Eisenhower Drive:
In attendance:
Attorney Jon Rockwood, representing the Commission.
Attorney Matthew Watsky, representing the Applicant.
The Applicant, Mr. Thomas Altieri.
Attorney Matthew Watsky explained to the Commission that on December 29, 2008 he met at the properties
listed above with the Applicant, Conservation Administrator, Building Inspector, and the Applicant’s
Wetland Consultant, Brad Holmes, to discuss the concerns of the Commission.
The following is a summary of the agreement made with the Applicant as a result of the joint meeting and his
willingness to comply with the Enforcement Order and Preliminary Injunction issued by the Commission.
130 Norwood Street (Lot 4)
· Pilling Engineering has been hired by the Applicant to survey the existing conditions of the site and
design an As Built Plan to meet the 10% slope requirement for the driveway. The installation of a vertical
retaining wall might be considered by the Applicant as an option to pull back the grade or shore up the
slope along the driveway. (To address the Building Inspector’s concerns.)
· The Applicant plans to remove the silt material along the sloped area, as well as in the Conservation
Restriction area, as requested by the Conservation Administrator.
· The Applicant proposes to install additional siltfence/haybales for erosion control in the areas identified
by the Conservation Administrator and Mr. Holmes.
· Wetlands replication work would be completed by the Applicant to mitigate the driveway crossing.
150 Norwood Street (Lot 3)
· Pilling Engineering has been hired by the Applicant to survey the existing conditions and design an
As Built Plan to meet the 10% slope requirement for the driveway. The installation of a vertical retaining
wall might be considered by the Applicant as an option to pull back the grade or shore up the slope along
the driveway. (To address the Building Inspector’s concerns.)
· The Applicant proposes to install additional siltfence/haybales for erosion control in areas identified by
the Conservation Administrator and Mr. Holmes.
· The Applicant removed sediment (by hand) from a detention basin adjacent to the driveway, as requested
by the Conservation Administrator.
61 Eisenhower Drive
The Applicant has agreed to stop work on the site. He understands that it would be necessary to
submit a filing with the Commission to delineate the wetland boundaries and request permission to
perform any proposed work within the 100’ Buffer Zone on the site. He would like to postpone filing
an ANRAD Application with the Commission until July 31, 2009 due his preference to perform
groundwater testing on the parcel during the growing season.
Peg stated that the Applicant would be required to submit a new filing with the Commission to perform any
additional work other than what was approved by the Commission under the existing Order of Conditions
for Lots 3 & 4.
Page 2 SCC 1/8/09 Meeting Minutes
Attorney Matt Watsky explained to the Commission that it is necessary for Pilling Engineering to survey the
existing conditions on Lot 4, and possibly Lot 3, to determine the extent of work that was completed by the
Applicant in relation to what was actually permitted by the Commission. He requested that the Commission
issue an extension to the existing Order of Conditions to the Applicant for Lot 4. Upon receipt of the extension
permit from the Commission, the Applicant would have the option to request an amendment to the Order of Conditions
following Pilling Engineering’s survey results. Attorney Watsky assured the Commission that Mr. Altieri is willing to
complete the requested restoration work on Lots 3 & 4 to be in compliance with the Commission.
Peg requested to establish a reasonable timeframe that would allow for the Commission to receive the results from
Pilling Engineering’s survey and for the Applicant to complete the necessary restoration work on Lots 3 & 4.
Mr. Altieri explained to the Commission that Lots 3 & 4 were previously approved Form A Lots, and
Bay Colony Engineering designed plans with 14% and 15% slopes for the driveways. Pilling Engineering has
obtained the CAD drawings from Bay Colony Engineering and proposes to revise the driveway plans to meet
the necessary 10% slope requirement.
Peg recommended that the Applicant notify Pilling Engineering that a part of the initial design plan for Lot 4 was to
utilize some of the existing topography closest to the vicinity of the Town as a vegetated
replication area.
Mr. Altieri assured the Commission that the replication area would remain unchanged on the new plan. His main
concern is to stabilize the bank of the wetland area between Lots 3 & 4.
Attorney Watsky intends to set a deadline with Pilling Engineering for completing the new plans concerning
Lots 2, 3 & 4 on Norwood Street. He requested to meet again with the Commission
in one month to review the new plans prepared by Pilling Engineering.
The Commission agreed to meet again with the Applicant on February 5, 2009 at 8:15 p.m.
Jon Rockwood asked the Applicant if stabilization measures are being proposed to address the issues of excess
water flow and silt discharging across Norwood Street from Lots 2 & 3.
Mr. Altieri explained that a few months ago he installed 3” rip-rap stone along the driveways on Lots 2 & 3 to
hold back the excess water flow as suggested by the Town Engineer, Peter O’Cain. He also lowered the elevation
by 1’ within the shared driveways for Lots 2 & 3.
The Conservation Administrator explained that the original topography of Lots 2 & 3 contains
a vegetated swale parallel to Norwood Street. In an effort to prevent public safety issues, the Commission was
left with no choice but to allow for the silt and excess water flow from the hillside on Lot 3 to discharge into the swale
that eventually impacted the buffer zone and wetlands. The Conservation Administrator is requesting that the Applicant
submit a drainage plan for Lot 3 that would include the installation of adequate size drainage pipes, and restoration plans
for the vegetated swale.
Mr. Altieri agreed to address the concerns of the Commission.
The Commission agreed to issue the Extension Order of Conditions to the Applicant with the understanding that no
work would begin on the lots until the Commission reviews and approves the new plans, excluding the work requested
by the Commission in the Enforcement Order to stabilize the slopes outside the buffer zone.
Peg called for a motion to issue an Extension Order of Conditions for a period of one year
for Lot 4 on Norwood Street.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. Unanimous. 5-0-0.
Attorney Watsky explained to the members of the Commission that prior to receiving the
Enforcement Order issued by the Commission, Mr. Altieri was not aware that he was
performing inappropriate activities on his property at 61 Eisenhower Drive. He stated that
Mr. Altieri was advised by his previous Wetland Consultant that he was exempt from the
Commission’s review for performing groundwater testing on his property by using backhoe
equipment and installing monitoring wells. According to Attorney Watsky, Mr. Altieri promptly stopped working on the
property and removed the backhoe equipment from the site upon receiving
the Enforcement Order issued by the Commission.
Page 3 SCC 1/8/09 Meeting Minutes
Following the December 29, 2008 site visit, Mr. Altieri and Mr. Holmes delineated the areas
for the installation of erosion control measures, and identified the areas concerning the
siltfence removal in accordance with the Enforcement Order.
Mr. Altieri agreed not perform any further activities on the site, including delineation of the wetland lines, until he
receives approval from the Commission. Mr. Altieri is hopeful that his property at
61 Eisenhower Drive will be approved for development. Regardless of the result, the Applicant is willing to submit a
restoration plan to the Commission.
Peg explained that the Conservation Administrator held numerous site visits with Mr. Altieri,
and he was requested to stop work well in advance of the Commission issuing the Enforcement Order. There was a lot
of clearing on site under the auspices of digging holes, which created further disconnect. The Commission is definitely
interested in reviewing a delineated wetland line on the site. The Commission agreed with the Applicant that the
conditions on the site are now problematic for establishing a wetland line. The members of the Commission concurred
to advance the Applicant’s request for a July 31 deadline for filing an ANRAD no later than May 30, 2009.
Attorney Watsky explained to the Commission that Mr. Altieri is working together with Pilling Engineering to obtain
the necessary information for presenting a proposed plan to the Commission to accurately delineate the wetland
resources areas of the site. If the Applicant’s ANRAD Application results in an approved wetland line from the
Commission, he will file a Notice of Intent with the Commission to develop his lot for a new house construction.
Attorney Watsky explained to the Commission that he discussed with Jon Rockwood drafting An Agreement for
Judgment as a way of resolving litigation issues. The document would include stipulations and consequents if the
agreement is not complied with.
The Commission agreed to continue the discussion concerning the Agreement for Judgment at their
February 5, 2009 meeting.
8:50 p.m., Executive Session:
Peg called for a motion for the Commission to enter into Executive Session to discuss pending
Litigations.
Hank Langstroth moved. Stephen Cremer seconded. Voted. Unanimous.
9:05 p.m. Adjournment from Executive Session:
Peg called for a motion to adjourn from Executive Session.
Christine Turnbull moved. Elizabeth McGrath seconded. Voted. Unanimous.
9:10 p.m., Approve past Meeting Minutes:
Peg called for a motion to approve the December 4, 2008 Executive Session Meeting Minutes as presented.
Stephen Cremer moved. Hank Langstroth seconded. Voted. 4-0-1.
Peg called for a motion to approve the December 4, 2008 Meeting Minutes as amended.
Hank Langstroth moved. Elizabeth McGrath seconded. Voted. 4-0-1.
Peg called for a motion to approve the December 18, 2008 Meeting Minutes as presented.
Hank Langstroth moved. Stephen Cremer seconded. Voted. 3-0-2.
9:25 p.m., Signatures:
The Commission signed bills. Certificate of Compliance for 12 Eisenhower Drive,
DEP File Number SE-280-0497. Extension Permit for Orders of Conditions for Mr. Altieri,
Lot 4, Norwood Street, DEP File #SE-280-0469.
9:30 p.m., Adjournment:
Peg called for a motion to adjourn.
Hank Langstroth moved. Christine Turnbull seconded. Voted. Unanimous.
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