4/19/2011 - Meeting Minutes

Moderator: Maria Lajoie

4/19/2011 - Meeting Minutes

Postby Maria Lajoie » Wed May 04, 2011 8:47 am

*All documents of this meeting can be found in the Community Development Department – Conservation Commission files.

The meeting was called to order at 7:15pm.

ATTENDANCE
Acting Chairman Michael Yacino, Chairwoman Marylynne Dube, Leon Mosczynski, Linda Brown, Ralph Dudley, Brandi Van Roo, David Windoloski, Tracy Sharkey (Associate Member), William Cundiff (Town Engineer) and Maria Lajoie (Administrative Secretary). Absent were Kelley Donley (Associate Member) and Stephen Zisk (Planning/Conservation Agent).

DISCUSSION:
1. Seth Lajoie present on behalf of Exxon Mobil Pipeline Company. Lajoie is requesting an Emergency Certificate to do repair work on a pipe located off of Davis Street. Much discussion held. The work includes polymer wrapping of existing petroleum pipeline at Latitude 42.0324 and Longitude 71.411. Lajoie is to (1) contact the Commission 24-hours prior to commencement of work; (2) mats shall be placed beneath heavy equipment to distribute equipment weight; (3) erosion control straw bales shall be used to minimize sediment erosion from and around the excavation; and (4) all measures to minimize the extent of excavation area to 200 square feet or less shall be taken. A Motion was made by Van Roo to issue an Emergency Certification Form to Exxon Mobil Pipeline Company for the above work with conditions, seconded by Brown. Vote was unanimous.

7:30 PM (RDA) PUBLIC MEETING – 349 Northwest Main Street / PETRILLO, PAUL
Owner Paul Petrillo present and requesting permission to remove one tree leaving a 4 to 5 foot stump. A site walk was done on 4/12/11. After discussion, a Motion was made by Brown to issue a Negative Determination of Applicability with the condition cut only the overhanging live branch but the tree shall remain, seconded by Van Roo. Vote was unanimous. The Negative Determination of Applicability was signed.

DISCUSSION
1. Received a letter from Guerriere & Halnon dated 4/8/11 requesting an Extension for Order of Conditions (DEP #143-0712) for Douglas Business Park, Cliff Street. A Motion was made by Mosczynski to issue a two-year extension ending on 5/2/2013, seconded by Brown. Vote was unanimous. Cundiff said that the remaining work is to pave the road, install sidewalks and loam and seed. The Extension Permit for Order of Conditions was signed.

SIGNED
1. Negative Determination of Applicability: Hayward Landing Associates & Ltd. Partnership, 26 North Street.
2. Certificate of Compliance: Michael & Kristin Lewis, 16 Linden Street

7:45 PM (RDA) PUBLIC MEETING – 103 Franklin Street / EISNOR, TARYN
Owners Christopher and Taryn Eisnor present requesting permission to cut down two (2) live pine trees and one (1) dead pine tree that may endanger their house and shed. A site walk was done on 4/12/11. Van Roo asked that the stumps to be left in place for wildlife habitat reasons. Brown asked if 80-feet to the house would be reasonable. Van Roo suggested cutting to a minimum height of 20 to 30-feet. After discussion, a Motion was made by Van Roo to issue a Negative Determination of Applicability with the condition that the trees are cut to 25-feet above the ground, seconded by Brown. Vote was unanimous. Further discussion then held regarding height of trees. Van Roo stated that the purpose of the height is to protect the habitat but is open to others opinions. Eisnor said she was hoping that she could cut them shorter. After discussion, a Motion was made by Van Roo to rescind the last vote and issue a Negative Determination of Applicability with the condition that the trees are cut 20-feet above the ground, seconded by Brown. Vote was unanimous.

EXECUTIVE SESSION MEETING MINUTES
9/20/10. After review, a Motion was made by Brown to approve the Executive Session Meeting Minutes of 9/20/10, as written, seconded by Van Roo. Vote: Yes- 5, Abstained-2. Vote passed.

10/4/10. After review, a Motion was made by Brown to approve the Executive Session Meeting Minutes of 10/4/10, as amended, seconded by Van Roo. Vote: Yes- 6, Abstained-1. Vote passed.

10/18/10. After review, a Motion was made by Brown to approve the Executive Session Meeting Minutes of 10/18/10, as amended, seconded by Van Roo. Vote: Yes- 6, Abstained-1. Vote passed.

11/8/10. After review, a Motion was made by Brown to approve the Executive Session Meeting Minutes of 11/8/10, as amended, seconded by Van Roo. Vote: Yes- 6, Abstained-1. Vote passed.

2/7/11. After review, a Motion was made by Brown to approve the Executive Session Meeting Minutes of 2/7/11, as written, seconded by Windoloski. Vote: Yes- 5, Abstained-2. Vote passed.

8:00 PM (RDA) PUBLIC MEETING – Northwest Main Street / WHITIN RESERVOIR WATERSHED DISTRICT
Lawrence Bombara and John Bombara present and submitted a copy of the legal notice. The Commission received a letter from J. Matthew Bellisle of Pare Corporation dated 4/14/11, on behalf of the Whitin Reservoir Watershed District, requesting a continuance of this meeting to allow the WRWD time to address the questions set forth in the Commission’s email of 4/13/11. A Motion was made by Van Roo to continue the Public Meeting on Tuesday, May 3, 2011 @ 7:30pm, seconded by Brown. Vote was unanimous.

DISCUSSION
1. Request for a Certificate of Compliance: Ross & Carrie Smith, 151 Davis Street. Mr. Smith was present. The Commission did a site walk on 4/12/11. The members found that the work had not been done per the final plan. The detention area was not constructed and Van Roo said that the structure needs to be put in to protect the wetlands. Yacino asked what the options were and Cundiff said Smith could either comply with the approved Order of Conditions plan or request a modification. Mosczynski asked if the stream was intermittent or perennial and Cundiff said intermittent. Van Roo said that the minimum $100 fine should be issued and the Commission agreed. Yacino told Smith to either comply with the original Order of Conditions or revise the plan within thirty (30) days. A Motion was made by Dube to follow up with Smith on Monday, May 16, 2011 at 7:30pm, seconded by Mosczynski. Vote was unanimous. Cundiff will have Zisk issue a Violation Notice in the amount of $100.

REGULAR SESSION MEETING MINUTES
2/23/11. After review, a Motion was made by Brown to approve the Meeting Minutes of 2/23/11, as written, seconded by Van Roo. Vote: Yes- 5, Abstained-2. Vote passed.

3/21/11. After review, a Motion was made by Van Roo to approve the Meeting Minutes of 3/21/11, as amended, seconded by Dudley. Vote: Yes- 4, Abstained-3. Vote passed.

4/4/11. After review, a Motion was made by Van Roo to approve the Meeting Minutes of 4/4/11, as amended, seconded by Dudley. Vote: Yes- 5, Abstained-2. Vote passed.



DISCUSSION
1. Cundiff updated the Commission about American Pro Wind (Wind Farm, Webster Street) by saying that APW continued their public hearing with the Planning Board to 6/28/11 to work out their finances with the current owners of the property. Cundiff suggested that the Commission look at the site regarding the violation issued and the disturbed area. The Commission will do a site walk on 4/26/11 at 8:00am.
2. NPDES. Cundiff said he would be sending the Board of Selectmen an update on the status. Cundiff told the Commission that the Planning Board wanted to hold off on this discussion until they were done with the site plan for American Pro Wind.
3. Earth Day 2011. Organized by the Open Space Committee, Earth Day will be held on Saturday April 23 beginning at 9:00am on Yew Street, then Manchaug Road at Mumford Street and last Cedar Street at Wallis Street. All are encouraged to participate.

ADJOURNMENT
At 8:45pm, a Motion was made by Brown to adjourn the meeting, seconded by Van Roo. Vote was unanimous.

Respectfully submitted,


Maria D. Lajoie
Administrative Secretary
Community Development Dept
Maria Lajoie
Maria Lajoie
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