11/2/2009 -Meeting Minutes

Moderator: Maria Lajoie

11/2/2009 -Meeting Minutes

Postby Maria Lajoie » Tue Dec 29, 2009 12:40 pm

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, Tracy Sharkey (Associate Member), Stephen Zisk (Planning/Conservation Agent), William Cundiff (Town Engineer) and Maria Chesley (Administrative Secretary).

7:00 PM CONSERVATION BUSINESS
1. Application for Associate Member Position: Kelley Donley, 45 Southwest Main Street. The Commission reviewed Donley’s application and found that she is an environmental coordinator for the Town of Framingham. A MOTION was made by Yacino to recommend the appointment of Kelley Donley as an Associate Member to the Board of Selectmen, seconded by Brown. VOTE UNANIMOUS. Chesley to send a memo to the Board of Selectmen.
2. Request for an Extension Permit: Robert Speroni dba S & L Realty Trust, 147 Davis Street. Mr. Speroni present and informed the Commission that the lot is not developed and is requesting an extension because he may have a buyer for the property. This Order of Conditions had expired two months ago (8/21/09). A MOTION was made by Yacino not to extend the Order of Conditions because it had expired, seconded by Brown. VOTE UNANIMOUS. Speroni must file a new Notice of Intent.
3. Inquiry: John Bombara, 288 Northwest Main Street: Pauline Gavlak, 284 Northwest Main Street present and told the Commission that Bombara was moving rocks by hand from his shoreline to another area of his shoreline and Gavlak asked for information on the removal of stones and making a stone wall. The Commission will do a site walk from Gavlak’s property on Saturday, November 7 at 8:30am. The Commission will discuss their findings at their next meeting.
4. 2010 Conservation Commission Meeting Schedule: The Commission reviewed the schedule and deleted the meetings of July 19, November 15 and December 20, 2010. A MOTION was made by Brown to approve the 2010 Conservation Commission Meeting Schedule, as amended, seconded by Mosczynski. VOTE UNANIMOUS.

7:15 PM - DEP #143-0790 (NOI) PUBLIC HEARING – 34 Davis Street / VECCHIONE, RUTH – COOPERTOWN REALTY TRUST
Present on behalf of Coopertown Realty Trust was Gary Vecchione. The Notice of Intent was remanded back to the Commission by DEP’s Office of Appeals and Dispute Resolution. Zisk informed the members that DEP stated in their decision that the Conservation Commission had enough information to make a determination. Cundiff submitted his stormwater review comments to Michael Weaver of Guerriere & Halnon and read the summary of his findings to the Commission. There are numerous issues with stormwater design. Everything on the west side of the project discharges into the stream and this does not meet the Stormwater Handbook. Cundiff said that he would contact Weaver to meet with him and work out these issues. Vecchione read a letter he wrote to the Commission dated November 2, 2009.The Commission wants to find out if the stream is a critical area because this would make a difference with the direct discharge into the stream. Van Roo asked if this was a critical habitat and Cundiff said yes – a cold water fishery. Abutter Jeremy Flansburg said that Cundiff and Zisk have done a thorough job on this project. Flansburg also said that there are 95 native brook trout in the stream. Van Roo feels that the Commission should hire a third party. After discussion, a MOTION was made by Brown to hire BSC Group to evaluate the cold water fisheries but not to exceed $2,500, seconded by Yacino. VOTE UNANIMOUS. A MOTION was made by Yacino to continue this Public Hearing on Monday, December 7, 2009 at 7:30pm, seconded by Brown. VOTE UNANIMOUS.

8:10 PM - DEP #143-0782 (NOI) PUBLIC HEARING CONTINUED -
“North Village” (Chapter 40B project) located off of North Street / TAIPALE, EDWIN – NORTH BROWN, LLC
The Commission received a letter from Edwin Taipale dated October 29, 2009, on behalf of the Applicant requesting a continuance to January 2010 due to scheduling conflicts. A MOTION was made by Yacino to continue this Public Hearing on Monday, January 4, 2010 at 7:30pm, seconded by Brown. VOTE UNANIMOUS.

8:11 PM - DEP #143-0815 (NOI) PUBLIC HEARING - 49 Lindbergh Avenue / SOCRAT, PATRICIA & AARON
Present were the Applicants and their representative Stephen O’Connell of Andrews Survey. Also present was Building Commissioner Adelle Reynolds. The scope of work consists of the reconstruction of an existing house and septic system repairs. The corner of the existing house is within the 50-foot buffer zone and the new home is proposed to be within the same footprint but extended 6-feet. Van Roo asked O’Connell if there would have to be any tree removal for the well and he said no. O’Connell said there would be no impact on the wildlife. The ZBA decision will be on December 10, 2009. Brown asked about stockpiling material and O’Connell said it would be located on a safe area of the property. Reynolds said that the shed would be a new application with ZBA for a special permit. O’Connell will submit a revised plan. The Commission asked Zisk to write
a letter to the Zoning Board of Appeals requesting that the building stay where it is and that the Commission has a 50-foot “no build” policy. A MOTION was made by Yacino to continue this Public Hearing on Monday, January 4, 2010 at 7:45pm, seconded by Brown. VOTE UNANIMOUS.

8:35 PM - DEP #143-0816 (NOI) PUBLIC HEARING – 139 Perry Street / SHELDON, STEPHEN
Present was the Applicant Stephen Sheldon and his representative Michael Yerka of Yerka Engineering. The scope of work includes a proposed relocation of a 16-foot wide paved driveway for an existing residential single family home. The driveway construction is within the 100-foot buffer zone of a bordering vegetated wetland. The existing driveway is a common driveway with a wetland crossing. A MOTION was made by Yacino to close the Public Hearing and issue an Order of Conditions, seconded by Brown. VOTE UNANIMOUS.

8:40 PM – DEP #143-0809 DISCUSSION - 32 Kerney Road / TUSINO, JAMES - GUARANTEED BUILDERS AND DEVELOPERS
Present was William Pybas of Guaranteed Builders, Inc. representative on behalf of the Applicant. Submitted a revised plan dated 10/1/09 switching the credit land from Parcels 284, Lots 117 & 116 to Lot #164. A MOTION was made by Brown to approve this request because it is a minor change, seconded by Dudley. VOTE UNANIMOUS.

8:45 PM - DEP #143-0817 (NOI) PUBLIC HEARING – 13 Laurel Hill Road / GUARANTEED BUILDERS, INC.
Present was William Pybas of Guaranteed Builders, Inc. representative on behalf of the Applicant. The scope of work consists of the construction of a proposed single family house, driveway, septic system, private well and earth cuts and fills. Brown asked about stockpiling the material and Pybas said they would keep it outside the buffer zone area. The abutters present are concerned about the drainage issues on their own property and are concerned that further disturbance will make the problems worse. The Commission said that the abutters drainage issues are outside their jurisdiction. Yacino suggested that the abutters have their wells tested but the Commission cannot deny this Notice of Intent. A MOTION was made by Brown to close the Public Hearing and issue an Order of Conditions, seconded by Dudley. VOTE UNANIMOUS.

9:15 PM - DEP #143-0807 (ANRAD) PUBLIC HEARING CONTINUED - Webster Street, Rte. 16 (Wind Farm) / TOWN OF DOUGLAS – BOARD OF SELECTMEN
Present on behalf of the Applicant was William Cundiff, Town Engineer and Dan Orwig of Orwig Associates. A revised plan was submitted showing 15 wetland areas and two FEMA designated areas. There are several pockets of wetland with underground connectors. Orwig added an extra 20-feet of protection on markers D, L, J and K. The next phase will be to do topography and perimeter boundary. The BSC Group report is completed. The site’s wetland areas will be looked at again prior to construction and Cundiff and Orwig will add the wording on the final plan. A MOTION was made by Yacino to close the Public Hearing and issue an Order of Resource Area Delineation, seconded by Brown. VOTE UNANIMOUS.

9:40 PM - DEP #143- 0814 (NOI) PUBLIC HEARING CONTINUED –
85 Ledgestone Road / NYDAM, WILLIAM
Present was the Applicant William Nydam and his representative Robert Murphy of Murphy and Associates. Additional fees have been paid. The scope of work is to renovate an existing house on the same footprint and repair the septic system. Murphy said that they have received DEP, Zoning Board of Appeals and Board of Health approval. A MOTION was made by Yacino to close the Public Hearing and issue an Order of Conditions, seconded by Brown. VOTE UNANIMOUS.

DISCUSSION
1. Mumford Road Conservation Land: Parking Area. Yacino said that there is an area for parking on the side of the property that is part of the conservation land and the sign needs to be installed. Zisk will call the Highway Department to ask if they would dig the holes for the sign.
2. Request for a Partial Certificate of Compliance: Douglas Business
Park, off Cliff Street (DEP #143-0712). Zisk showed the members pictures of the work that was completed and they agreed that Linder did a great job. A MOTION was made by Yacino to issue a Partial Certificate of Compliance for the work that was completed and Linder will have to re-file for the remaining work, seconded by Van Roo. VOTE UNANIMOUS.
3. Enforcement Order: Robert Simone, Trustee, 259 Southwest Main
Street. A backhoe was parked on this property within the wetlands and an Enforcement Order was issued. Zisk went to the site and the backhoe was moved out of the critical area by a man who oversees the property.
4. Request for Extension Permit for Order of Conditions: Richard MacLeod, 38 Chestnut Street. A MOTION was made by Yacino to deny this request for an extension because the Order of Conditions had expired on October 16, 2009, seconded by Van Roo. VOTE UNANIMOUS. Chesley will write MacLeod a letter stating that he must re-file a Notice of Intent.
5. Request for Extension Permit for Order of Conditions: John Gosselin, “Evergreen Estates”. A MOTION was made by Yacino to deny this request for an extension because the Order of Conditions had expired on September 18, 2009, seconded by Van Roo. VOTE UNANIMOUS. Chesley will write Gosselin a letter stating that he must re-file a Notice of Intent and will return his check.


MEETING MINUTES OF 3/16, 6/1, 9/14, 10/5 (Approve at Next Meeting)

SIGN:
1. Vouchers

ADJOURNMENT
At 9:55pm, 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
Maria Lajoie
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