9/6/2011 - Meeting Minutes

Moderator: Maria Lajoie

9/6/2011 - Meeting Minutes

Postby Maria Lajoie » Thu Oct 06, 2011 2:28 pm

*All documents of this meeting can be found in the Community Development Department – Conservation Commission files.
ATTENDANCE
Linda Brown (Acting Chairwoman), Brandi Van Roo, Tracy Sharkey, David Windoloski, Stephen Zisk (Planning/Conservation Agent), William Cundiff (Town Engineer) and Maria Lajoie (Administrative Secretary). Absent were Chairman Michael Yacino, Vice Chairwoman Marylynne Dube and Kelley Donley.

7:00 PM DISCUSSION
1. Liz Mosher, 12 Shady Lane. Mosher lives on Shady Lane and she contacted Zisk and told him that a tree on her property (located in the back yard and near the water) came down due to the storm and would like permission to remove it from her property. The Commission had no problem with this request but said that no heavy machinery is to be within 30-feet of the water. Zisk was asked to send her a letter with the Commission’s decision.
2. Request for Certificate of Compliance: Patricia & Aaron Socrat, 49 Lindbergh Avenue. The Commission did a site walk and signed the Certificate.
3. Meeting Minutes of 8/15/11. A Motion was made by Van Roo to approve the Meeting Minutes of August 15, 2011, as written, seconded by Sharkey. Vote was unanimous. Lajoie to e-mail the 7/11/11 minutes to the members for the next meeting.

7:30 PM (NOI) #DCC-05 PUBLIC HEARING – 34 & 36 Davis Street / COOPERTOWN REALTY TRUST
Present was the Applicants representative Michael Weaver of Guerriere & Halnon, Attorney Henry Lane, James Pyne of Pyne Sand & Stone and abutters of the property. The property consists of 6.3 acres and the work consists of crossing an intermittent stream and associated bordering vegetated wetland for the construction of access drive to a proposed farm stand / greenhouse. A Superseding Order of Conditions was issued by DEP to Coopertown. Weaver said the changes from the original plan were the retaining walls were removed (less impervious area), the basin was moved and the parking area was reduced. No changes were made to the entry. The proposed crossing is 750 square feet of wetland, a 60-foot bank and an 18-inch culvert with a 5-inch diameter. There are three detention basins and the plan complies with stormwater regulations for a 100-year storm. Zisk said that the plan is revised from a year ago and Weaver said yes when it was 4.5 acres. Discussed the changes made from the original agreed Superseding Order of Conditions to a revised Order of Conditions issued by DEP without consulting the Commission. Cundiff asked what the process was for changing the original plan. Cundiff asked about stormwater and soil testing and the volume of earth removal. Weaver said 5% which is not a large volume. Cundiff said that soil testing was not done in the detention basin area. Weaver said the location is on a large slope and they can’t do testing on the slope but adjacent testing showed sand. Cundiff asked what the height of the excavation is and Weaver said a 2 to 1 slope and a 58-foot cut. Zisk said that the legal notice stated 34 Davis Street but did not include 36 Davis Street. The notice may need to be advertised again but that is up to the Applicant. Cundiff said that the stormwater review should be combined with the Conservation and Planning Board for BSC Group to review. Zisk asked Weaver for a copy of DEP’s Superseding Order of Conditions and asked if DEP had done a site walk for this revised Order. Weaver said he gave the Commission all the information from DEP. Zisk said that the Commission has not had a chance to review the new plan and are confused about DEP’s process to change the plan that was agreed upon last year. Weaver said they would excavate as a bowl working from side to side then loam and seed and place mats. Van Roo asked about the mats and Weaver said they would be curlex mats and will get the Commission information on this material. Van Roo has an issue with the amount of erosion control.
Abutter Jeremy Flansburg, 63 Monroe Street said that the original plan did not include notifying his brother but he is now an abutter because the site has changed to 6.3 acres. Abutter David Gjeltema, 19 Monroe Street is concerned with the slopes and runoff and Weaver said it is the same which is a 2 to 1 slope. Flansburg asked about the cold water fishery and Weaver said it will be treated as a tributary (a critical area) and will leave tree cover over the stream. Abutter Andrew Smith, 21 Monroe Street said that the taxes have not been paid; Coopertown does not own a portion of 36 Davis Street yet and is concerned with a 2 to 1 slope regarding erosion issues. (Smith submitted pictures of the High School project that had a 3 to 1 slope along with a petition from the abutters). Attorney Henry Lane, Attorney for the Applicant, said that the Applicant has a payment plan with the Town Treasurer. Brown asked for a copy of this payment plan. Weaver said that the 2 to 1 side slopes will be taken care of by Pyne Sand & Stone if there are any issues. Andrew Smith said that this slope is 67 degrees and Weaver said that the Applicant (Pyne) is responsible. David Gjeltema asked when the crossing would be completed and Cundiff said prior to gaining access for earth removal, which will be one of the “conditions”. Cundiff asked Weaver to submit an estimate of the number of trucks that will travel over the crossing per day. Flansburg asked if there was a bond in place for earth removal and Cundiff said that this is the Planning Board’s jurisdiction. Flansburg asked that the notice be re-advertised because it seems deceptive. Weaver said that it was advertised properly and felt there was no reason to re-advertise. Zisk will get clarification from Town Counsel regarding the wording of the legal notice. Cundiff asked Weaver to submit amounts for the bonds for the wetland crossing and replication. Also discussed was dust control and spraying the hill. Abutter Francis Mongeau, 32 Davis Street said this is a very high hill with 60-foot trees and will cause a lot of dust and also said that Coopertown does not own the portion of land on 36 Davis Street yet. Weaver said that both owners and the Applicant have signed an agreement. Mongeau feels that this is not legal and also feels that this hearing is illegal and Andrew Smith agreed and said that the Applicant needs 5 acres to be considered a farm. Cundiff said he would have Town Counsel attend the next meeting. After discussion, a Motion was made by Van Roo to continue the Public Hearing on Monday, October 3, 2011 at 7:30pm, seconded by Sharkey. Vote was unanimous.

8:25 PM (NOI) #143-0834 PUBLIC HEARING – 25 Wallis Street / GRESSAK, ANTHONY & BETTY JEAN
Present were the Applicants Anthony & Betty Jean Gressak and their representative Michael Weaver of Guerriere & Halnon. The scope of work consists of reconstruction of an existing residential house, construction of a new garage, installation of a new septic system and associated grading and site work on a 3-acre parcel. The Commission had done a site walk. The Gressak’s received Board of Health approval but will be going before the Zoning Board of Appeals for a Special Permit because there is no frontage on their roadway. After discussion, a Motion was made by Van Roo to close the Public Hearing and issue an Order of Conditions, seconded by Windoloski. Vote was unanimous.

8:35 PM (NOI) #143-0833 PUBLIC HEARING CONTINUED– 21 Davis Street / TOWN OF DOUGLAS
Present were Kenneth DiNisco (DiNisco Design Partnership), Fred King (Scofield Brothers), Sam Bird (Clerk of the Works) and Mitch Cohen (School Building Committee). King gave an overview of what was discussed at the last meeting. King said he e-mailed an example of an Order of Conditions from Maynard to Zisk. Brown asked if there would be construction conferences for all phases and King said yes. King said that wood debris piles will be used for cover and habitat. King said they will drill one well near the existing well and if necessary, they may drill another well if the existing wells are inadequate. King said that the cross country trail may need to be re-routed but they have no design yet and is still under discussion. Abutter Leslie Breault said that the cross country trail located south of the playfield could be connected to the running track. King said that the embankment at the running track will be stabilized with dumped rip rap rather than fabric mesh that was proposed originally. They will use rip rap on the steep slopes. Brown also suggested rip rap around the vernal pool. Van Roo does not want plastic material near the vernal pool. Also discussed was having perpetual conditions in the Order of Conditions. Cundiff asked about the maintenance of the detention pond around the track and King said that a gravel road would be going to the track. Zisk asked when the final plans would be complete and King said by the end of October and asked that the hearing be closed after the Planning Board issues their decision. King said he would send the rip rap information to Cundiff and Zisk for review. After discussion, a Motion was made by Van Roo to continue the Public Hearing on Monday, September 19, 2011 at 7:45pm, seconded by Windoloski. Vote was unanimous.

ADJOURNMENT
At 9:10pm, a Motion was made by Van Roo to adjourn the meeting, seconded by Sharkey. Vote was unanimous.

Respectfully submitted,



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