3/16/2009 - Meeting Minutes

Moderator: Maria Lajoie

3/16/2009 - Meeting Minutes

Postby Maria Lajoie » Tue Dec 29, 2009 12:27 pm

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

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

DISCUSSION
1. Michael Salvadore, 137 Martin Road. This property was formerly owned by David Cellucci. Bonds were posted for Replication and the Wetland Crossing. There was discussion regarding a temporary wetland crossing. The Applicant provided a new narrative and hand drawn plan of the crossing. A MOTION was made by Yacino to accept the request for a temporary wetland crossing, seconded by Van Roo. VOTE: YES-6, NO-1. VOTE PASSED.
2. Robert Wolochowicz, 31 North Street. The owner is asking the Commission permission to remove three (3) trees (across from Hayward Landing and the Mumford River). The Commission had no issues with this request but the owner needs to contact the Tree Warden. Mosczynski and Zisk will go to the property and look at the trees to be removed.
3. Donald Farineau, 294 Northwest Main Street. The owner is asking the Commission permission to remove one (1) tree on his property. The tree is located 95-feet from the wetland. It was the Commission’s consensus to approve this request.
4. NPDES Stormwater Bylaw. Cundiff is representing this Bylaw and he will be talking to the Planning Board and Zoning Board of Appeals to see if the Commission can share the responsibilities of this Bylaw as it would apply to each Board’s concerns.
5. George Lahousse, 1 Buxton Road. An abutter notified the Commission of a possible violation on the corner of Wallum Lake Road, Birch Hill Road and Buxton Road. Lahousse, who is the current owner for the past 1 ½ years, indicated that the former site was a junk yard and said they stayed at least 5-feet away from the stream. The Commission scheduled a site walk for Saturday, March 21, 2009, at 9:00am.

7:55 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 dated 3/16/09 on behalf of the Applicant requesting a continuance to 4/21/09. A MOTION was made by Yacino to continue the Public Hearing on Tuesday, April 21, 2009 at 7:30pm, seconded by Dudley. VOTE UNANIMOUS.

8:00 PM PUBLIC HEARING CONTINUED: JEFFREY MILLER (NOI)
26 Northwest Main Street, Lot #1
Present on behalf of the Applicant was Eric Bazzett of Andrews Survey. The scope of work consists of a septic system repair in the buffer zone of a BVW for an existing single family house. The Commission did a site walk on all five lots. The Board of Health has not approved the septic system yet. The tree line is shown on the revised septic design. The Applicant needs to refresh flags and stake closest point of excavation.
Abutter Stephen Dixson said that there is a hand dug well on the farthest lot and wonders about the implications. Cundiff said that the well needs to be shown on the plan. Dixson is also concerned about the disturbance of the land and wildlife. Cundiff requested the amount of acreage to be disturbed for all four lots and a NPDES Stormwater permit may be required. The Applicant will get this information for the next meeting. A MOTION was made by Yacino to continue the Public Hearing on Tuesday, April 21, 2009, at 8:00pm, seconded by Dudley. VOTE UNANIMOUS.

8:10 PM PUBLIC HEARING: JEFFREY MILLER (NOI)
24 Northwest Main Street, Lot #2
Present on behalf of the Applicant was Eric Bazzett of Andrews Survey. The scope of work consists of the construction of a single family house and septic system with driveway and associated grading in the buffer zone of a BVW. The closest point from the septic system to the wetland is 50-feet. The well is 27-feet from the edge of the wetland and straw bales are 15-feet from wetland. The Board of Health has not approved the septic system yet. A MOTION was made by Yacino to continue the Public Hearing on Tuesday, April 21, 2009, at 8:15pm, seconded by Brown. VOTE UNANIMOUS.

8:20 PM PUBLIC HEARING: JEFFREY MILLER (NOI)
22 Northwest Main Street, Lot #3
Present on behalf of the Applicant was Eric Bazzett of Andrews Survey. The scope of work consists of the construction of a single family house and septic system with driveway and associated grading in the buffer zone of a BVW. The well is the closest point outside the wetland which is 50-feet. The house is 58-feet from the wetland. The Board of Health has not approved the septic system yet. A MOTION was made by Yacino to continue the Public Hearing on Tuesday, April 21, 2009, at 8:30pm, seconded by Dudley. VOTE UNANIMOUS.

8:30 PM PUBLIC HEARING: JEFFREY MILLER (NOI)
20 Northwest Main Street, Lot #4
Present on behalf of the Applicant was Eric Bazzett of Andrews Survey. The scope of work consists of the construction of a single family house and septic system with driveway and associated grading in the buffer zone of a BVW.
The house, well and septic system is all outside of the 50-foot buffer zone. The intermittent stream is 120-feet from any activity. These lots are located on a Scenic Road and the Applicant will have to go before the Planning Board for a Special Permit for driveway openings and possible tree removal. A MOTION was made by Yacino to continue the Public Hearing on Tuesday, April 21, 2009, at 8:45pm, seconded by Brown. VOTE UNANIMOUS.

8:40 PM PUBLIC HEARING: JEFFREY MILLER (NOI)
18 Northwest Main Street, Lot #5
Present on behalf of the Applicant was Eric Bazzett of Andrews Survey. Bazzett said that on behalf of the Applicant, this application will be withdrawn. A letter will be forthcoming.

8:45 PM PUBLIC HEARING: MUMFORD RIVER RESERVOIR
COMPANY (NOI)
Whitin Reservoir Dam, Northwest Main Street
Present on behalf of the Applicant was Wendy Porter, Environmental Management for Interface Fabrics, Eric Hultstrom of Woodard & Curran, Inc. (Engineer for Applicant) and Donald Cooper (Attorney for Applicant). The Commission received a letter from the Mass. Environmental Affairs and was read into the record by the Chairwoman. The letter states references in the Notice of Intent are misleading because 310CMR 10.53 (3) (i) is only for a temporary
drawdown and repair. The Applicant is proposing a permanent drawdown of 1.92-feet. Porter indicates recent findings had indicated spillway is not sufficient for capacity to meet regulations. Their engineers cannot see an alternative to not permanently lowering the water level 1.92-feet. Whitin dam is an earthen dam over-topping could cause breaching. A new PMF Study Report was submitted for the record. The conclusion is that the dam is unable to pass the Spillway Design Flood (SDF). 15.5 cubic feet is the amount needed to support aquatic life and provide enough water for the Douglas Water/Sewer Plant in the Mumford River.
The potential for flooding down stream would have catastrophic results to numerous homes and businesses. A disk was submitted that contains the entire Notice of Intent and Zisk will put it on the Town’s Website. The Applicant’s Engineer, Eric Hultstrom, indicates that the Notice of Intent was filed for 310CMR 10.53 (3) (i) & (e) repair of existing dams. He said that the NOI also includes the maintenance of the dam. Zisk contacted Phil Nadeau at DEP about the completeness of this NOI and it being a limited project. The concerns are about NHESP and endangered species. The Applicant is still waiting for the NHESP Report. This information is critical for the NOI. This NOI only addresses beach and not land under water, riparian areas, etc. The Applicant states that they do not believe these areas apply. Zisk said that 310 CMR 10:60 has not been addressed regarding wildlife habitat, the loss of habitat and the effects on species. Cundiff said that removal of 20% of the water in the Reservoir will be reduced and the down stream flow will be less than required for the Douglas Water/Sewer Plant and to support aquatic wildlife. Cundiff asked for the field data analysis numbers for the environmental aspect and the numbers for the quantifying impacts in the resource area and proposed mitigation was not addressed. Cundiff said that that the application lacks an environmental impact report. The Applicant did not adequately address alternatives such as the spillway, drilling and mitigation costs. What years were the calculations done? The Commission wants to see in writing the alternatives and also a graph for flow for down stream water supply historically. Yacino said that there would be a loss of 42.2 acres of fisheries that would occur with a drawdown and would like to see proof as to how the Applicant intends to protect the aquatic wildlife. The Applicant states that the water level will not be heightened or lowered at this time and the level will remain the same. Representative Paul Kujawski is concerned about the loss of recreational lifestyle and would like to see a compromise where homeowners concerns are addressed and he said that he feels that the Applicant is putting the Office of Dam Safety against DEP. The Applicant states that the Office of Dam Safety and DEP have conflicting regulations and this puts the Applicant at risk. Porter said that they are not changing the mean annual table it has been at 16 CSF for the last three years at all times and in May the peak flow will be 1.92 feet, in June the table will be at full peak and then in September (hurricane season) they will do a drawdown. The Applicant asked Representative Kujawski for assistance in resolving these discrepancies. Representative Kujawski plans on meeting with the Office of Dam Safety in regard to conflicts with DEP’s regulations and invites the Commission, the Manchaug Association and the Whitin Reservoir Association to attend. A MOTION was made by Yacino to continue the Public Hearing on Monday, June 1, 2009, at 8:00pm, seconded by Van Roo. VOTE UNANIMOUS.

MEETING MINUTES OF 1/5, 1/20, 2/2, 2/9, 2/17, 3/2: Will be reviewed and approved at a later date.

ADJOURNMENT
At10:35pm, a MOTION was made by Yacino to adjourn the meeting, seconded by Van Roo. VOTE UNANIMOUS.
Respectfully submitted,
Conservation Commission Member


Linda M. Brown
Meeting Minutes Transcribed by:
Maria D. Chesley
Administrative Secretary
Community Development Dept
Maria Lajoie
Maria Lajoie
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