12/3/2012 - Meeting Minutes

Moderator: Maria Lajoie

12/3/2012 - Meeting Minutes

Postby Maria Lajoie » Mon Mar 25, 2013 9:53 am

The meeting was called to order at 7:00pm.

Present: Linda Brown (Chairman), Tracy Sharkey (Vice Chairman), Brandi Van Roo, David Windoloski, Jack Pruitte, Stephen Zisk (Conservation Agent) and Maria Lajoie (Administrative Secretary). Absent: Michael Greco and David Gallant.

Applicant Cary VandenAkker not present. This RDA was filed due to an Emergency Certification that was issued on June 5, 2012 to repair 500-feet of washed out roadway along the Southern New England Trunkline Trail (SNETT) to prevent further erosion from flooding and runoff. Construction consisted of installing a new 8-inch base of dense grade course stone (DGCS), installing a 4-inch of ¾-inch DGCS trail surface, install stone lined drainage ditch on south side of new roadway and placing water bars where needed. Zisk showed before and after pictures and said he went to the site again this past week-end and said the work looks good. The work was done right away to prevent erosion, protect the resource area and placed beaver deceivers. After discussion, a Motion was made by Sharkey to issue a Negative Determination of Applicability, seconded by Van Roo. Vote: Unanimous.

7:15 PM (NOI) #143-0850 PUBLIC HEARING – 160 Southwest Main Street / GUARANTEED BUILDERS, INC.
Tracy Sharkey recused herself. Present was William Pybas, representative for the Applicant. The Applicant is requesting permission to construct a 24-foot by 24-foot two car detached garage within existing lawn with associated site work. Pybas said he filed with ZBA for a Variance of 5-feet to the left side line setback (25-feet required) but the abutter (Wallum State Park) does not want the homeowner encroaching on state land and therefore the ZBA agreed to a 15-foot setback. The plan shows the garage 37-feet from the no disturb zone with some filling in the right corner and is within the 50-foot buffer zone. The straw bales will be placed 28-feet from proposed garage. The ZBA members wanted feedback from Conservation regarding the 15-foot side yard setback before ZBA closed their hearing. Van Roo said that the Commission has a 50-foot no build policy but Windoloski said that the Commission has waived this in the past. Van Roo said impacting the wetlands is worse than impacting the state property. Van Roo instructed Zisk to send ZBA a memo asking to approve a 5-foot side yard setback so as not to impact the resource area. A Motion was made by Van Roo to continue the Public Hearing on Monday, January 7, 2013 at 7:15pm, seconded by Pruitte. Vote: Unanimous.

7:30 PM DISCUSSION: Violation Notice - 60 Mumford Street
Present was owner Timothy DelloRusso. Mr. DelloRusso was issued a violation for clearing a buffer zone without obtaining the proper permits from the Commission. A shed was placed near an intermittent stream; a portion of the wooded area was cleared and was within the 100-foot buffer zone. DelloRusso said that after he received the violation notice he placed erosion controls along the stone wall; hand dug a trench and placed the silt fence. DelloRusso said he also took down a few storm damaged trees that were dead and removed approximately ten (10) stumps. Van Roo would like to see a plan showing the stone wall and a planting plan keeping out of the 50-foot buffer zone. Some Commissioners will do a site walk on their own but Zisk said he would take other Commissioners on Saturday 12/8/12 at 9:00am. The Commission

7:55 PM (NOI- Amendment) #143-0656 PUBLIC HEARING – Northwest Main Street / FUNARI SITE DEVELOPMENT – “Whitin Reservoir Estates”
Present was the Applicant Lori Funari and her representative Steven O’Connell of Andrews Survey. O’Connell said the subdivision was approved by the Planning Board in 2005 for 8 lots and then amended through flexible development in 2012 for 12 lots, each lot having 25,000 square feet. 60% of the land will be left as open space. The roadway and drainage system have not changed but a small swale was added to capture runoff in the basin. Sharkey asked if the swale was outside the 50-foot buffer zone and O’Connell said yes. Abutter Gail Swenson is concerned about clearing up to her wall and the slope causing water to run onto her property. O’Connell said that the amount of runoff will be less with 12 lots now and any water runoff will go into the swale and the basin. Sharkey said that Zisk will also be monitoring this also. O’Connell said that none of the Town Engineer’s comments had any concerns with stormwater runoff. A Motion was made by Van Roo to approve the Order of Conditions “Amendment”, seconded by Sharkey. Vote: Unanimous.

8:15 PM (NOI) #143-0851 PUBLIC HEARING – 436-440 Northeast Main Street / NEXTSUN ENERGY DOUGLAS, LLC
Present were Applicants Todd Fryatt, Esquire, Jacob Laskin of NextSun Energy and their representative Steven O’Connell of Andrews Survey. The proposed work consists of the construction of a 3.5 megawatt solar photovoltaic electric generating facility on 15 acres of land and associated site work within the 100-foot buffer of a bordering vegetated wetland and within the 200-foot buffer of the Mumford River. O’Connell said they would like to be able to use as much open field as possible with three equipment pads and the array will be surrounded by fence. There will no longer be any mowing or fertilizers used. Van Roo said this land is a valuable habitat and has concerns with the fence eliminating any wildlife crossing through to get to the water. Laskin said there would be fencing in three (3) areas to open the area up for wildlife. Sharkey asked if the road (cart path) would be gravel and O’Connell said yes with a 5% slope. Windoloski asked if grass would be planted and O’Connell said yes and there will be annual / bi-annual maintenance without chemicals. A water truck with squeegees will be used to clean the panels without chemicals and Van Roo said that the maintenance men cannot fill the water truck from the Mumford River. Laskin said that when it snows the maintenance men will not plow regularly but only if they have to get out to an area to perform maintenance. The snow will be stored on the upside of the wetland but outside the 100-foot bordering vegetated wetland. Zisk asked what happens to the grass when it is dug up during construction and O’Connell said he would provide a construction sequence plan because there will be a lot of disturbance during construction and Laskin said the work would be done in piecemeal. There will be a four (4) man crew that will screw the posts into the ground and lay the panels. Zisk asked if grass would be planted after the work is completed and O’Connell said yes but the field is mostly all hay. O’Connell said the road will be processed gravel for stormwater and erosion control purposes. Van Roo and Brown had concerns regarding the gravel road and suggested moving the road to the right side of the property and Van Roo said especially during construction which may take four months. O’Connell said he would be willing to put a berm along the road. Van Roo said she respects and understands the Applicants reasons for the road being where it is but is concerned with wildlife and turtles. Brown asked if the fence could be raised 4-inches from the ground and place a berm along the road (cart path). The owners’ son, Craig Bosma said that his parents do not want the panels behind the barn and to move the road to the right side of the property. Laskin and O’Connell said they could possibly move the road to the upper right side and move closer to the 100-foot buffer but would have to cut selective trees near the 100-foot buffer and Van Roo objected to this. Pruitte agrees with Van Roo but would like to see an alternative. Zisk asked O’Connell to flag the trees for a site walk. Abutter Mary Sullivan asked if this property is within an aquifer and Zisk said this area was eliminated at town meeting. Sullivan asked what the panels were made of and Laskin said glass and polysilican (sand); there is no liquid or emission but does have anti-glare and will be facing south. The Commission will do a site walk on 12/8/12 @ 9:00am. After discussion, a Motion was made by Van Roo to continue the Public Hearing on Monday, January 7, 2013 at 7:30pm, seconded by Sharkey. Vote: Unanimous.

1. Negative Determination of Applicability: Commonwealth of Mass/Douglas State Forest, 17 Wallum Lake Road
2. Order of Conditions-Amendment: Funari Site Development, Northwest Main Street, “Whitin Reservoir Estates”

At 9:35pm, a Motion was made by Van Roo to adjourn the meeting, seconded by Windoloski. Vote: Unanimous.

Respectfully submitted,

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

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