1/5/2009 - Meeting Minutes

Moderator: Maria Lajoie

1/5/2009 - Meeting Minutes

Postby Maria Lajoie » Tue Apr 07, 2009 9:30 am

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

ATTENDANCE
Chairwoman Marylynne Dube, Vice Chairman Michael Yacino, Leon Mosczynski, Linda Brown, Brandi Van Roo, Stephen Zisk (Planning/Conservation Agent), William Cundiff (Town Engineer) and Maria Chesley (Administrative Secretary). Absent were Ralph Dudley and David Windoloski.

DISCUSSION
1. John Hurley, 698 Northwest Main Street. Mr. Hurley present to address an Enforcement Order issued to him by the Commission due to an anonymous letter of complaint for stockpiling wood, tires and debris located close to the pond. Mr. Hurley informed the Commission that he had cleaned up his property the day after receiving the Enforcement Order. Zisk took pictures and the Commission was pleased with the work he had done. Hurley assured the Commission that this would not happen again. A MOTION was made by Van Roo stating that Hurley has complied with the Enforcement Order and no further action is needed, seconded by Yacino. VOTE UNANIMOUS.
2. Interface Fabrics: Status of Whitin Reservoir & Manchaug Pond dam repairs.
Manchaug Pond. Present on behalf of Interface Fabrics was Attorney Donald Cooper and Donald Rudge of Sutton. Cooper said that Donald Virostek was going to attend but he had another commitment. Zisk said that he has received complaints about the water levels (Manchaug Pond). Rudge said that a Notice of Intent was filed in Sutton to do repairs on the dam. Zisk spoke to DEP and they told him that a Notice of Intent must be filed for any water withdrawal. Cooper said that he has an agreement with DEP regarding the filing of a Notice of Intent for Manchaug Pond and that Interface had filed in Sutton in August of 2008. Dube said that the Commission would attend the Sutton Conservation meeting on February 4, 2009 and also told Cooper that they want him to file a Notice of Intent for Manchaug Pond in Douglas. Cooper said that the spillway capacity is inadequate. Interface’s engineers have to stamp their plans every year and operate at a lower level. The engineers (Cline-Schmidt) check Interface’s engineers work and they submitted a report to work at a lower level. There is an operating plan and the engineers analyze the data with year storms (100, 200, etc) to see how high the dam can be kept.

Whitin Reservoir. Cooper said that Interface Fabrics voted in favor of forming the Whitin Reservoir Association and that the Association plans to purchase the dam but Interface is waiting for a proposal from the Association. Cooper said that the Association will apply with the Commission for an Operating Permit.
Cundiff said that the Water/Sewer Treatment Plant gets 16 cubic feet per second and wants to make sure the plant continues to get these water levels. Rudge said that Interface wants to lower the water level on 1.92 feet Manchaug Pond. Yacino said that his main issues are the spillway capacity and the effect on the wildlife species and feels that Interface Fabrics should file a Notice of Intent. Brown agreed and said that then the Douglas Commission would have Interface’s information on file. Cooper said that they keep the water level low in the winter months and high in the summer months and that the rule curve peaks on June1 and on February 1 they close the gate until this June 1st peak. In the fall they gradually lower the gate during hurricane season. Mosczynski said that draw downs are devastating to the wildlife species, Stephens Pond is a good example. Cooper said that he would send the Commission all of their information (NOI in Sutton and peer review) to Zisk and Cundiff. Yacino again said that he wants Interface Fabrics to file a Notice of Intent in Douglas now and to include the Whitin Reservoir Association. The Commission was all in agreement. Cooper asked the Commission to take a vote and send a letter to him regarding the vote should Interface decide to appeal in court. Cooper said he wants to talk to Interface and the Association as to who should file the Notice of Intent and when. Van Roo said that she wants a Notice of Intent filed with a time schedule. Cooper said that he would speak to both parties (Interface Fabrics and the Association) and come back in on Monday, February 2, 2009 at 7:00pm to discuss the Notice of Intent with the Commission. A MOTION was made by Yacino that Interface Fabrics file a Notice of Intent with the Commission prior to the March 2, 2009 meeting. VOTE UNANIMOUS.
3. Meeting Minutes of 11/3, 12/8 and 12/18 will be reviewed and approved at the next meeting.

7:55 PM PUBLIC HEARING: DOUGLAS PROPERTIES, LLC (NOI)
“Lakewood Estates” Subdivision
289 Wallum Lake Road
Present were Applicants Michael Yerka of Yerka Engineering and Cliff Van Reed. Yerka said that the legal notice did not go in due to the holidays. The Commission rescheduled the Public Hearing for Tuesday, January 20, 2009, at 8:00pm.

8:00 PM PUBLIC HEARING: BEVERLY HANSEN (NOI)
29 Shore Road
Present on behalf of the Applicant was Steven O’Connell of Andrews Survey. The scope of work consists of the construction of a 12-foot by 24-foot detached garage, gravel parking area and associated grading. There will also be minimal tree clearing. After discussion, a MOTION was made by Yacino to close the Public Hearing and issue an Order of Conditions, seconded by Van Roo. VOTE UNANIMOUS.

FY10 BUDGET
The Commission discussed their budget, which for FY09 was $3,260. The Selectmen’s Office is asking for three budgets: a level funded budget, a 5% decrease and a 10% decrease. Last year the members voted to give the town $5,000 out of their Wetland Protection Fund for five years. After much discussion, the Commission agreed to establish a budget at 10% below what the Selectmen are asking for so that the three net amounts would be $2,934; $2,789 and $2,642. A MOTION was made by Yacino to submit their FY10 Budget as discussed, seconded by Brown. VOTE UNANIMOUS.

MOSCZYNSKI PROPERTY: OAK STREET, LOT #3 (Chapter 61A)
The Commission received a copy of a letter from Susan Mosczynski’s Attorney Sullivan & Belforti dated 1/2/09 regarding property she wants to sell which consists of 5.78 acres in the amount of $58,000. A MOTION was made by Yacino to waive their right of first refusal, seconded by Brown. VOTE UNANIMOUS. Chesley will write a Memo to the Board of Selectmen regarding the Commission’s vote.

SIGNED:
1. Certificate of Compliance: Orbison Corp, 25 Olde Carriage Lane, Lot #35

ADJOURNMENT
At 8:30pm, a MOTION was made by Yacino to adjourn the meeting, seconded by Brown. VOTE UNANIMOUS.

Respectfully submitted,
Community Development Dept



Maria Chesley
Administrative Secretary
Maria Lajoie
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