8/1/2011 - Meeting Minutes

Moderator: Maria Lajoie

8/1/2011 - Meeting Minutes

Postby Maria Lajoie » Thu Oct 06, 2011 2:22 pm

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

The meeting was called to order at 7:10pm.

ATTENDANCE
Acting Chairman - Vice Chairwoman Marylynne Dube, Linda Brown, Tracy Sharkey, Kelley Donley, Stephen Zisk (Planning/Conservation Agent),William Cundiff (Town Engineer) and Maria Lajoie (Administrative Secretary). Absent were Chairman Michael Yacino, Brandi Van Roo and David Windoloski.
Also present was Attorney Jason Talerman of Blatman, Bobrowski & Mead (Town Counsel).

DISCUSSION:
1. Emergency Certification Form: Highway Department, Cedar Street Bridge/Update. Present were Highway Superintendent John Furno, abutters of Cedar Street Michael Finamore, Dianne Hunter, Richard & Lorraine Graves, Guy & Marleen Bacon, Brian Bergeron, Bob & Deb Minarik and Adam Silva from the Blackstone Valley Tribune. Site walk done. Cundiff said that the bridge was closed by MassDOT in late June. The bridge has a 10-foot span with structural issues and all traffic is now being detoured. The Commission received copies of letters from the Police and Fire Departments requesting that the work be done as soon as possible for traffic and emergency reasons. The plan is to construct a temporary crossing within 6-8 weeks. Cundiff said that the Highway Department will place netting under the bridge to catch debris, dismantle the bridge and place beams to support the temporary bridge. Donley asked about the type of netting to be used and Cundiff said a silt fabric. Dube asked about stockpiling materials during construction and Cundiff said the materials (timbers, beams) would be stored on the side of the road. Brown asked about loose materials that could erode in the area and Cundiff said that straw bales would be placed to protect to area. Michael Finamore, resident of Webster and owner of the saw mill on Cedar Street said that he also owns the bridge and said he didn’t mind the abutters who live on the street using the bridge for access but asked how the Highway Department and MassDOT could do work on his bridge. Attorney Jason Talerman (Town Counsel) said that the bridge is reserved for the right to the public to pass and repass and the “public” means “all”. Finamore said he was still liable. Talerman said the road has been listed as a town way since before 1976. Finamore said that the Assessors Map shows the bridge as his and the Highway has been repairing it for the last few years and asked if Highway was doing this work and Furno said yes. Abutter Bob Minarik said that he has full confidence in the Highway Department. Cundiff said that this has been an ongoing issue in regard as to who owns the bridge but the town has the right to repair it. Furno will do the work and Cundiff will oversee it. Finamore said he wanted the work done by a licensed engineering firm and Cundiff said when the permanent bridge is to be constructed, Maguire Group will be hired to draw up the plan and will be approved by MassDOT. Cundiff said that work could begin immediately Finamore asked how many days he had to contest this work and Talerman said it is a different process so he should contact his Attorney for that answer. Finamore said that DEP asked what constitutes an emergency and Cundiff said he spoke to Philip Nadeau at DEP in Worcester said it was fine to file with the Commission. Diana Hunter of Webster who said she was 50% owner of the property along with Finamore and she said she was contesting this work until a stamped plan is provided. After discussion, a Motion was made by Brown to approve and sign the Emergency Certification Form, seconded by Donley. Vote was unanimous.
2. Jean Chamberlain, 169 Davis Street/Violation Notice Update. Present was Bill Gingras. Zisk said that Mr. Gingras took care of most of the items except he hasn’t moved the pigs yet but they will be moved as soon as possible. Brown asked how long and Gingras said one month. The Commission told Gingras that he had 30 days to move the pigs.
3. Family Convenience Center, 63 Main Street/Update. Zisk said that during the site walk Van Roo had an issue with silt in the back on the right side and would like the silt removed and also place more riprap. Furno said that the Highway Department would clean it out. Zisk was asked to write a letter to owner Ray Whitehead. Donley suggested that riprap be placed 5-inches down and clean the area out. Also, grass clippings are to be removed and not piled.
4. 5 B Street: Tree Removal. The Commission did a site walk and had no issues with the owner taking down the tree but said no stumping. Zisk was asked to write a letter to the owner.
5. Conservation Land/Cummings Court: Tree Removal. Zisk said that several trees fell on Mary Crawford’s property from the conservation land. One tree damaged a shed. The Tree Warden will contact someone to take the trees down. Zisk said that there are a lot of trees leaning and Mrs. Crawford told him at the damage happened prior to the storm. Donley said it may cost approximately $300 to $400 per tree depending on the size and height. Cundiff said the one leaning on the shed should be taken down first. The Commission discussed and agreed that the tree removal would be paid out of the Conservation Fund. Brown, along with the members agreed that the damage is dangerous and the trees should be removed as soon as possible. A Motion was made by Brown to hire someone to remove the damaged trees from 12 Cummings Court, not to exceed $5,000 and work is to be done immediately, seconded by Donley. Vote was unanimous.
6. Martin Road property. Zisk informed the Commission that Cliff Van Reed and Michael Yerka had the site cleaned up.

7:50 PM (NOI) #143-0830 PUBLIC HEARING – 175 Davis Street / EXXON MOBIL PIPELINE COMPANY
Present was Seth Lajoie on behalf of Exxon Mobil. A site walk had been done. The scope of work consists of repairing an existing petroleum pipeline within an easement. The work involved revealing the pipeline in an 8’ wide trench and wrapping the pipeline with a protective polimer covering. Wetland soils above the pipeline shall be removed and properly replaced. This work had been done when the Applicant requested an Emergency Certificate and the Commission stipulated that a Notice of Intent be filed after the work was completed. Lajoie filed an NOI on 6/20/11 and a Hearing was scheduled on 7/11/11 but Lajoie nor a representative attended the meeting. The Commission then voted to issue a fine of $200 per day beginning 7/11/11 until the Public Hearing is held. Lajoie said that he was unable to attend the meeting due to a personal circumstance. After discussion, a Motion was made by Brown to waive the fines, seconded by Sharkey. Vote was unanimous. Zisk asked that the straw bales be removed. A Motion was then made by Brown to close the Public Hearing and issue and Order of Conditions, seconded by Sharkey. Vote was unanimous.

8:00 PM (NOI) #143-0831 PUBLIC HEARING – 80 Orange Street / DAVIS, HAROLD
Present was the Applicant Harold Davis and his representative Michael Yerka of Yerka Engineering. Site walk done. The scope of work is to construct a 950 square foot attached addition located in the rear of the house located within the outer 100-foot riverfront area. Yerka said there is a 200-foot perennial stream under the driveway that goes to the road and will have 2,800-square foot disturbance. Donley asked that straw bales be placed outside the100-foot buffer zone and to stockpile all materials outside the 200-foot buffer zone area and Yerka agreed. Yerka said that he did an alternative analysis and also said that Davis received Board of Health approval. A Motion was made by Brown to close the Public Hearing and issue an Order of Conditions, seconded by Donley. Vote was unanimous.

8:15 PM (RDA) PUBLIC MEETING – Birch, Cross, Main, SE Main & SW Main Streets / HIGHWAY DEPARTMENT
Present were Highway Superintendent John Furno and William Cundiff, Town Engineer. Site walk done. The scope of work consists of road drainage crossing culverts at Pole #9-50 on Cross Street, 183 Southwest Main Street & Pole #92 on Southeast Main Street, installation of a catch basin, drain pipe and sediment removal at 104 Martin Road and sediment removal from 63 Main Street (Family Convenience Center) and repaving the full length and width of Birch Street. Cundiff said that this is the annual submittal for Highway projects, straw bales will be placed and Zisk will check the work. Donley asked Furno what he’ll do about the sediment and Furno said he would load it in a truck and take it away. After discussion, a Motion was made by Brown to close the Public Meeting and issue a Negative Determination of Applicability, seconded by Donley. Vote was unanimous.

MEETING MINUTES: 7/11(on hold for future meeting)
SIGNED:
1. Extension Permit for Order of Conditions: John Morais, 5 Fairbanks Court. A Motion was made by Donley to issue an Extension Permit for Order of Conditions for one (1) year to John Morais, 5 Fairbanks Court, seconded by Brown. Vote was unanimous.
2. Emergency Certification Form: Highway Department, Cedar Street Bridge
3. Extension Permit for Order of Conditions: Carrie Webb & James Athanas, (Formerly Outlaw Two, LLC), 34 Peters Cove Road. A Motion was made by Brown to issue an Extension Permit for Order of Conditions for one (1) year to Carrie Webb & James Athanas, (Formerly Outlaw Two, LLC), 34 Peters Cove Road, seconded by Donley. Vote was unanimous.

ADJOURNMENT
At 8:35pm, a Motion was made by Brown to adjourn the meeting, seconded by Donley. Vote was unanimous.

Respectfully submitted,



Maria D. Lajoie
Administrative Secretary
Community Development Dept
Maria Lajoie
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