10/3/2011 - Meeting Minutes

Moderator: Maria Lajoie

10/3/2011 - Meeting Minutes

Postby Maria Lajoie » Wed Dec 07, 2011 9:42 am

*All documents of this meeting can be found in the Community Development Department – Conservation Commission files.
The meeting was called to order at 7:00pm.

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

1. Determine change in Coopertown Realty Trust. There are proposed changes to 34 & 36 Davis Street but does it warrant a new filing because it does impact more of the wetlands. DEP did not give the project to the Commission but did approve the proposed changes under the State’s Wetland Protection Act. Zisk suggested that the Commission wait to discuss this until the Hearing opens later in the evening when the engineer is present. Yacino feels that the proposed change is substantial regarding excavation.
2. Site walks done at 36 Davis Street & 68 Shore Road. The site walk at 68 Shore Road will be discussed at the next meeting because the Commission is waiting for additional information. During the site walk at 36 Davis Street, the Commission found an area that was partially mulched and should have been loamed and seeded. The (recently) paved driveway had chunks of paving material that were thrown over the banking. The Commission asked Lajoie to write a letter to Mr. Fitzpatrick stating that he needs to satisfy the Order of Conditions and asked Zisk to send Mr. Fitzpatrick a Violation Notice regarding the debris in the wetlands.

7:15 PM (NOI) #143-0833 PUBLIC HEARING CONTINUED– 21 Davis Street / TOWN OF DOUGLAS (School Project)
Present were Kenneth DiNisco, Fred King and Mitch Cohen. The “Draft” Order of Conditions was reviewed. Discussed:
#111 &112: Fertilizers, Pesticides & Herbicides were consolidated. Brown asked about icing salts and Zisk said that this is in Condition #110.
Cross Country Trail is referenced on the plan dated 9/26/11.
#93: Water Quality Measures. Van Roo asked that the wording be changed to show that someone will be “taking action” if the water quality is below Class B. It will be stated that the Commission would impose such measures on the Applicant.
Discussed the sequencing and phasing. Cundiff asked for a sketch of the detention pond and King said it would be fixed but will be ongoing. Town resident Jeremy Flansburg said that he hopes that this will be a good project. After Discussion, a Motion was made by Van Roo to close the Public Hearing and issue an Order of Conditions, seconded by Brown. Vote was unanimous.

Present were James and Marlen Pyne of Pyne Sand & Stone (Applicant) and their representative Michael Weaver of Guerriere & Halnon. Abutters present were Andrew Smith, 21 Monroe Street and Jeremy Flansburg, 63 Monroe Street. Weaver said that the abutters for 34 & 36 Davis Street were notified by certified mail and Weaver placed the legal notice in the newspaper because the original ad did not state 36 Davis Street. Weaver submitted a letter dated 10/3/11 responding to comments and concerns raised at the 9/6/11 meeting regarding what the erosion control blankets were made of (Curlex 1 consisting of Aspen wood fibers); the duration of the proposed project & trucking counts (project is based on supply & demand and approximately 9.5 loads a day); the Tax Agreement (Weaver provided a copy of the Agreement letter); and estimated costs for the wetland crossing and replication area ($40,000 for wetland crossing and $4,000 for replication). Discussed DEP deeming this project as a minor change and procedurally should have contacted the Commission. Weaver said he filed the project with DEP in Worcester and spoke to Joseph Belino who said that this was a state issued permit and felt it was minor and this hearing tonight is under the Commission’s Local Bylaw. Yacino asked if the stormwater has increased in size and Weaver said that it has changed. Yacino asked if soil testing had been done and Weaver said that the soil report shows sand above the basin but testing cannot be done on the slope. (Attorney Henry Lane arrived at 7:55pm). Yacino asked if any other tests would make a difference and Weaver said no. Yacino said that with the increase in the wetland area, are there new stormwater calculations and Weaver said he did new calculations for this Notice of Intent. Yacino said that with 3-year duration for earth removal and depending on supply and demand, if the gravel pit is left open and erosion is not controlled, the concern is that sand may move down into the wetland area and asked if there is a plan in place. Weaver said that the site wouldn’t be opened up all at once. Pyne will operate in a sequence going from side to side and top to bottom. Zisk asked what the construction sequence plan would be in case of a rain event and the threat of material going into the stream. Weaver said that if this were to happen he would notify DEP and the Commission. Van Roo asked if erosion controls would be in place and Weaver said yes on the upper slopes and will loam & seed as they go. Pyne said they would be working back and forth. Pyne said that every fifteen (15) feet would be vertically stabilized at a time. Brown asked if erosion controls were on the plan and Weaver said he would add erosion controls on the plan. Yacino asked Pyne if he has a time limit to do mining and Pyne said yes because the ground is frozen from November to April. Zisk asked about unfinished work and Pyne said the cut-off date is usually around October 15 to stabilize and hydro-seed. Yacino is concerned about the cold water stream. Andrew Smith, 21 Monroe Street asked Weaver about the 1.8 additional acres and how the Applicant can file for land they don’t own. Weaver said the sale agreement is in the process of becoming final. Attorney Lane said that owner or applicant has a right to file on a property when there is an agreement to purchase. There was much discussion again with the abutters regarding state and local filing. Jeremy Flansburg, 63 Monroe Street said he has a copy of the Amended Superseding Order of Conditions stating that it looked like the original and suggested that the Commission review it. Zisk said he had a conference call with Town Counsel and said they would attend the next meeting. Van Roo asked that a sequence narrative be put on the plan. After discussion, a Motion was made by Brown to continue the Public Hearing on October 17, 2011 at 8:00pm, seconded by Sharkey. Vote was unanimous.

After review, a Motion was made by Brown to approve the Meeting Minutes of August 22, 2011, as amended, seconded by Sharkey. Vote was unanimous.

After review, a Motion was made by Brown to approve the Meeting Minutes of September 6, 2011, as amended, seconded by Van Roo. Vote was unanimous.

1. Extension Permit: Kevin Bliss, 24 Perry Street. A Motion was made by Brown to grant an Extension Permit for one year (10/6/12) to Kevin Bliss, 24 Perry Street, seconded by Van Roo. Vote was unanimous.
1. Tracy Sharkey discussed and asked the members for feedback for community service such as having the Seniors (Grades 9-12) create Commission flyers and involving the Boy Scouts in habitat sampling, water samples, aquatic life , water flow rates and brush clearing and placing boundary markers. Sharkey to keep the members informed.
2. Whitin Reservoir Watershed District. Yacino asked the Commission to please read the information that was provided to them.
3. Yacino passed around information to the members regarding Beavers.
4. Kelley Donley. Yacino informed the members that Kelley Donley is going to attend a Master’s Degree Program and regretfully will be resigning as a member of the Commission
5. Leon Mosczynski News Article. Yacino said that the article about Leon was a very good article and the members agreed. Leon will be greatly missed as a member and a friend.
6. Received a letter from Ransom Environmental Consultants dated 10/3/11 regarding Hayward Landing, 26 North Street needing to do additional testing some by hand and some by machine located in the following four (4) locations: 1) the unpaved former underground storage tank (UST) area located southeast of the former boiler house; 2) the paved parking area located down gradient from the UST release area; 3) the unpaved slope located between the paved parking area and the Mumford River; and 4) the sediments in the Mumford River. After discussion, the Commission felt that this work was a minor change from the Determination of Applicability that was issued 4/19/11. Zisk to inform Nancy Marshall of Ransom.
7. Zisk said that the pigs at 169 Davis Street have been moved.
8. Chestnut Street Land. Zisk said that he went to the site and found that the site is too wet to construct a wetland crossing at this time.

At 9:15pm, a Motion was made by Van Roo to adjourn the meeting, seconded by Brown. Vote was unanimous.

Respectfully submitted,

Maria D. Lajoie
Administrative Secretary
Community Development Dept.
Maria Lajoie
Maria Lajoie
Posts: 1463
Joined: Thu May 26, 2005 11:09 am
Location: Community Development Department

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