2/17/2009 - Meeting Minutes

Moderator: Maria Lajoie

2/17/2009 - Meeting Minutes

Postby Maria Lajoie » Tue Apr 07, 2009 9:38 am

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

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

CONSERVATION BUSINESS
1. Discussion: Michael Nelson, 143 Shore Road. Mr. Nelson in to talk to the Commission about issues on his property regarding flooding. He states the following in a letter dated 1/26/09: December 12, 2008, resulted in slightly over 4-inches of rain over a 24-hour period. His property is flood and damage sensitive and a swale located on the easterly side of Shore Road and across from his property had been inadvertently filled in by the Highway Department, from road grading, plowing and road sweepings containing salt for fill. Nelson wants the swale restored to its original condition. Also, Nelson said that storm water and snow melt flow east from the wetlands across from his property, across a narrow strip of land (128 Shore Road) on the easterly side of Shore Road into the swale. The flow continues through two 12-inch reinforced concrete pipes under Shore Road and then opens as they flow onto his property. The pipe to the south of his property flows for a distance of approximately 70-feet into Wallum Lake. The pipe to the north of his residence flows covered for a distance of approximately 20-feet and open for a distance of approximately 140-feet for a distance of 160-feet into Wallum Lake. Nelson said that he is in the process of filing a Notice of Intent to add or replace the 12-inch reinforced concrete pipe under Shore Road to the south of his property with additional pipes or a larger diameter pipe, to eliminate future flooding, sedimentation, erosion and damage; continue the additional pipes or a larger diameter pipe for approximately 70-feet to Wallum Lake; place a deep sediment sump with oil and gas hood on the easterly side of Shore Road to prevent sediment, oil and/or gas from entering Wallum Lake; and, request that the Highway Department stop using road sweepings from their pile to fill pot holes on Shore Road and to use only DEP BMP’s for grading Shore
Road, if grading of Shore Road is continued by the Highway Department and to clean out the filled in swale on the easterly side of Shore Road. Yacino asked Nelson if he has the right to do this work, who owns the road and should this be taken up with the Association? Nelson said that he would check with his attorney.
2. Request for Extension Permit for Order of Conditions: John Carlucci, Walnut Street, Lot #1. Mr. Carlucci has not begun construction due to the economy. A MOTION was made by Yacino to grant a one-year extension for his Order of Conditions, seconded by Van Roo. VOTE UNANIMOUS.
3. Signed: Positive Determination of Applicability: Guaranteed Builders & Developers, Inc., 32 Kerney Road.
4. Signed: Voucher
5. Ed’s Construction, 88 West Street. The Commission reviewed the Notice of Intent Findings. A MOTION was made by Van Roo to deny the Applicant an Order of Conditions due to the Commission’s findings, as amended, (please see attached document), seconded by Brown. VOTE UNANIMOUS. The Commission signed the Denial for Order of Conditions.
6. Meeting Minutes on hold for next meeting: 1/5/09, 1/20/09, 2/2/09, 2/9/09
7. Meeting Minutes of 12/8/08. After review, a MOTION was made by Yacino to approve the Meeting Minutes of December 8, 2008, as amended, seconded by Dudley. VOTE UNANIMOUS.

8:00 PM PUBLIC HEARING CONTINUED: NORTH BROWN, LLC (NOI) “North Village” (Chapter 40B project)
Located off of North Street
The Commission received a letter from Edwin Taipale, on behalf of the Applicant, dated 2/17/09, requesting a continuance for 3/16/09 due to scheduling conflicts. A MOTION was made by Yacino to continue the Public Hearing on Monday, March 16, 2009 at 7:30pm, seconded by Van Roo. VOTE UNANIMOUS.

8:05 PM PUBLIC HEARING: JEFFREY MILLER (NOI)
26 Northwest Main Street, Lot #1
Present was the Applicant Jeffrey Miller and his representative Eric Bazzett of Andrews Survey. Due to the way the Legal Notice was placed, (Lots #2-#5 were also advertised for 8:00pm) the only Public Hearing that can be opened tonight is for Lot #1. Bazzett will re-advertise for the meeting of March 16, 2009. The work for Lot #1 consists of a septic system repair in the buffer zone of a BVW for an existing single family house on a 5-acre parcel. Bazzett said that an infiltration system will be installed that will be 59-feet away from the BVW. Straw bales and silt fence will be placed. Zisk said that this is a standard filing and that Bazzett is in the process of addressing his comments. Zisk said that he will be going out to the site. Bazzett said that he has not gotten Board of Health approval yet or anything from the Highway Department or the Water/Sewer Department. Bazzett is also in the process of filing with the Planning Board for a Scenic Road Special Permit (shade trees & stone walls). Abutter Steven Dixson of 23 Northwest Main Street asked if a wetland delineation was done and Bazzett said one was done last fall. Dixson said that is when the property is dry. Dixson said that there is a slope where the water runs through and said that in the spring it is very wet and is concerned about the impact on the wetlands and wildlife. Brown asked Bazzett if the site was staked and Bazzett said no but to look for Pole #10. Cundiff asked Bazzett if a wetland delineation had been done and Bazzett said that Art Allen of EcoTec did one four (4) years ago and again last summer. After discussion, a MOTION was made by Yacino to continue the Public Hearing on Monday, March 16, 2009, at 8:00pm, seconded by Brown. VOTE UNANIMOUS.

DISCUSSION
Manchaug Pond. Cundiff told the Commission that Interface Fabrics hired a new engineer who wants to lower the water level three (3) feet. This would have an impact on 55-acres of wetland resource area around the pond (bank, fisheries, birds/waterfowl). The Douglas Conservation Commission has not received any information from Interface Fabrics. They were supposed to send us a copy of their Sutton filing by 2/2/09 but have not. They are also supposed to file a Notice of Intent with us for Whitin Reservoir by 3/2/09, but have not to date. A MOTION was made by Yacino to require Interface Fabrics to file a Notice of Intent for Manchaug Pond regarding any draw downs, seconded by Van Roo. VOTE UNANIMOUS. Cundiff was asked to write a letter to Attorney Donald Cooper and Donald Rudge regarding the above concerns.

ADJOURNMENT
At 8:35pm, a MOTION was made by Yacino to adjourn the meeting, seconded by Brown. VOTE UNANIMOUS.

Respectfully submitted,
Community Development Dept.



Maria D. Chesley
Administrative Secretary
Maria Lajoie
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