12/7/2009 - Meeting Minutes

Moderator: Maria Lajoie

12/7/2009 - Meeting Minutes

Postby Maria Lajoie » Tue Jan 05, 2010 6:32 pm

ATTENDANCE
Acting Chairman Michael Yacino, Leon Mosczynski, Linda Brown, Ralph Dudley, Brandi Van Roo, David Windoloski, Tracy Sharkey (Associate Member), Kelly Donley (Associate Member), Stephen Zisk (Planning/Conservation Agent), William Cundiff (Town Engineer) and Maria Chesley (Administrative Secretary).
Absent was Chairwoman Marylynne Dube.

7:00 PM CONSERVATION BUSINESS
1. Request for Extension Permit: John Gosselin “Evergreen Estates” Subdivision (DEP #143-0735). Present were John Gosselin (JK Realty Trust) and his Attorney Mark Donohue. Donahue said that Orbison Corp received an Order of Conditions in 9/2006 for the subdivision and because of the economy nothing had been done in this subdivision. Donahue said that Gosselin did not know that the Order of Conditions had expired until after the fact. Yacino said that he sympathizes but after an Order of Conditions has expired, a new Notice of Intent must be filed and also in this case the Order of Conditions was never recorded at the Registry of Deeds. Cundiff said that there are new stormwater management practices. Donohue said that he was hoping that the Commission would give Gosselin latitude due to the circumstances and the open space that he donated to the town. Van Roo said that everyone has their own circumstances and the Commission set precedence with no exceptions and feels that the project needs to be reassessed. A MOTION was made by Van Roo that the request for an extension is denied for failing to apply in a timely fashion, seconded by Brown. VOTE UNANIMOUS.
2. Inquiry: 288 Northwest Main Street / Site walk done. Present was Pauline Gavlak. The Commission went to the site where stones had been moved by hand in order for the neighbor to put his pontoon boat on shore for the winter. There is one large boulder on the left that would need to be moved with equipment and the owner was told to file with the Commission if he intends to move it. Gavlak asked if rocks were allowed to be moved and Yacino said yes if it is minor like moving them by hand but if equipment needs to be used, then the person needs to file with the Commission. After discussion, it was the consensus of the Commission that this was not an issue and is a minor project and Bombara does not have to file for what he had already completed. Zisk was asked to write Gavlak a letter stating this and to give her a copy of the “Land Under Water” Regulations.
3. Received a letter dated 11/9/09 from Debra Cygielnik, 112 Maple Street regarding a cesspool located at 108 Maple Street. The Commission said that cesspools are not their jurisdiction but if Cygielnik complains again about the smell in relation to the wetland area they will address it. Zisk said that he spoke to Marleen Bacon (Board of Health Secretary) who said that the Board of Health Agent will go and inspect the cesspool. The Commission will take no action at this time.
4. Request for a Certificate of Compliance: Steven Bagdis, 90 Peters Cove Road (DEP #143-0784) – schedule site walk. Thursday, December 10, 2009 @ 2:00pm.
5. Request for a Certificate of Compliance: Creative Development Associates (formerly J.S.B. New Homes), 187 Maple Street (DEP #143-0635) – schedule site walk. Thursday, December 10, 2009 @ 2:30pm.
6. National Grid / Mark Simpson, 77 Mumford Street, Lot #5. Simpson gave a plan drawn by National Grid to Zisk showing the pole locations to be installed on his property. Simpson wants to know if he has to file an amendment to his Order of Conditions for this work. After discussion, a MOTION was made by Van Roo stating that this is a minor plan change and Simpson does not have to file for an amendment, seconded by Brown. VOTE UNANIMOUS.

7:34 PM - DEP #143-0790 (NOI) PUBLIC HEARING CONTINUED – 34 Davis Street / VECCHIONE, RUTH – COOPERTOWN REALTY TRUST
The Applicant was not present. Present was Diana Walden (Wetlands and Wildlife Scientist) of BSC Group along with abutters of the property. Walden was hired by the Commission to review the stream crossing and wetland mitigation areas and also evaluated general wildlife and fisheries habitat features in the area of the proposed crossing and assessed the classification of the stream as a Cold Water Fishery Resource (eastern brook trout in Wellman Brook). Walden conducted a site visit regarding the above on November 19, 2009. While at the site, Walden reviewed the proposed wetland replication areas in the field and compared the existing features that would be important to wildlife in both locations. Walden summarized her evaluation of the stream as a Cold Water Fishery Resource, review of the stream crossing design and assessment of the wetland replication areas in a letter to the Commission dated December 4, 2009.
*Please see attached copy of letter.
Cundiff said that he finalized the stormwater management report and contacted the applicant’s engineer, Guerriere & Halnon to set up a time to meet but the engineer was instructed not to put any time in to respond to Cundiff’s report.
Van Roo said that with the Cold Water Fishery Resource, general wildlife and the stormwater not being addressed are serious concerns. A MOTION was made by Van Roo to issue an Order of Conditions “DENIAL” based on the report from BSC Group dated December 4, 2009 and the Town Engineers Stormwater Management Report dated November 14, 2009, seconded by Brown. VOTE UNANIMOUS. Abutter Jeremy Flansburg asked if the Public Hearing was going to be closed and was informed that no new information would be accepted and that all that remained was for the Commission to finalize the denial language and sign the appropriate forms. A MOTION was then made by Brown to close the Public Hearing, seconded by Mosczynski. VOTE UNANIMOUS. The Commission scheduled a meeting on Thursday, December 17, 2009 at 7:00pm to sign the Order of Conditions “Denial”.

8:20 PM - DEP #143-0818 (NOI) PUBLIC HEARING – 187 Maple Street / STAITI, MICHAEL – CREATIVE DEVELOPMENT ASSOCIATES
Present on behalf of the Applicant was Eric Bazzett of Andrews Survey. The scope of work consists of the construction of a single family home and a shared driveway to serve two homes. An Order of Conditions was issued in 2005 (DEP #143-0635) but had since expired and Zisk suggested that the owner of the property request a Certificate of Compliance on the old permit before a new permit (DEP #143-0818) is issued. Bazzett made changes on the plan requested by Zisk’s comments such as “hay” bales were changed to “straw” bales; all distances and % slopes along septic system piping, where septic system is proposed, the maximum groundwater elevation, elevation of the bottom of the leaching facility, inlets, outlets and finished grades shall be given as well as breakout calculations where a septic system is located on a slope; all soil logs must be submitted showing the type of material, soil horizons, elevation of existing grades, maximum ground water elevation, depth of hole and location of percolation test with corresponding elevations and percolation rates; and the limit of proposed work. Also discussed was what type of seed mix to be used such as a conservation mix, which will be noted on the plan.
Abutter Linda Kogan asked what could be used to prevent the lawn mix from runoff on the slope into the wetland area and her husband Philip is concerned as to what will happen with this runoff down the slope twenty years from now. Bazzett said that he will add on the plan to keep the sediment and erosion out of the isolated wetland area. Zisk asked Bazzett to stake the straw bale line and the site walk is scheduled for Thursday, December 10, 2009 at 2:30pm. A MOTION was made by Van Roo to approve a Certificate of Compliance (DEP #143-0635 – old Order of Conditions) for the clearing and the well only, seconded by Brown. VOTE UNANIMOUS. A MOTION was made by Van Roo to continue the Public Hearing on Monday, January 4, 2010 at 8:30pm, seconded by Brown. VOTE UNANIMOUS.

SIGNED:
1. Partial Certificate of Compliance: Kenneth Linder, “Douglas Business Park”, located off of Cliff Street
2. Order of Conditions: Guaranteed Builders, Inc., 13 Laurel Hill Road
3. Extension Permit for Order of Conditions: David L’Heureux, 130 Southeast Main Street
4. Extension Permit for Order of Conditions: David L’Heureux, 134 Southeast Main Street
5. Extension Permit for Order of Conditions: Daniel Heney dba Orbison Corp., “Summerlyn Estates”, located off of Cross Street
6. Extension Permit for Order of Conditions: Providence 538, LLC, Manchaug Street, Lot #1
7. Extension Permit for Order of Conditions: Providence 538, LLC, Manchaug Street, Lot #2
8. Extension Permit for Order of Conditions: Michael Dacey dba Emerald Funding, Inc, “Maple Heights Estates”, Maple Street
9. Vouchers (4)

MEETING MINUTES OF 3/16/09
After review, A MOTION was made by Brown to approve the Meeting Minutes of March 16, 2009, as amended, seconded by Dudley. VOTE UNANIMOUS.

MEETING MINUTES OF 6/1/09
After review, A MOTION was made by Brown to approve the Meeting Minutes of June 1, 2009, as amended, seconded by Van Roo. VOTE UNANIMOUS.

MEETING MINUTES OF 9/14/09
After review, A MOTION was made by Brown to approve the Meeting Minutes of September14, 2009, as amended, seconded by Van Roo. VOTE UNANIMOUS.

MEETING MINUTES OF 10/5/09
After review, A MOTION was made by Brown to approve the Meeting Minutes of October 5, 2009, as amended, seconded by Mosczynski. VOTE UNANIMOUS.

MEETING MINUTES OF 11/2/09
After review, A MOTION was made by Brown to approve the Meeting Minutes of November 2, 2009, as amended, seconded by Van Roo. VOTE UNANIMOUS.

ADJOURNMENT
At 8:45pm, a MOTION was made by Van Roo to adjourn the meting, seconded by Brown. VOTE UNANIMOUS.

Respectfully submitted,



Maria Chesley
Administrative Secretary
Community Development Dept.
Maria Lajoie
Maria Lajoie
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