9/15/2008 - Meeting Minutes

Moderator: Maria Lajoie

9/15/2008 - Meeting Minutes

Postby Maria Lajoie » Thu Oct 23, 2008 11:04 am

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

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

CONSERVATION COMMISSION DISCUSSION
1. Extension Permit for Order of Conditions: Daniel Desjardin, 14 Shady Lane. A MOTION was made by Van Roo to issue a one-year Extension Permit, seconded by Mosczynski. VOTE UNANIMOUS.
2. Extension Permit for Order of Conditions: Framingham Co-operative Bank, 301 Northwest Main Street (Whitin Reservoir Estates”). The Commission asked Zisk to contact the Framingham Co-operative Bank to notify them that they need to replace all erosion controls within one month and then the Commission will grant and sign the Extension Permit.
3. Extension Permit for Order of Resource Area Delineation, 289 Wallum Lake Road (“Lakewood Estates”). A MOTION was made by Dudley to grant a one-year Extension Permit, seconded by Mosczynski. VOTE: YES-5, ABSTAINED-1. VOTE PASSED.
4. Certificate of Compliance: Michael Fresh, 9 Newport Drive. The Certificate of Compliance had previously been approved. The Commission signed the document.
5. Order of Conditions: Margaret Banaghan, Walnut Street, Lot #2. The Order of Conditions had previously been approved. The Commission signed the document.
6. Order of Conditions: Steve Bagdis, 90 Peters Cove Road. The Order of Conditions had previously been approved. The Commission signed the document.

7:25 PM PUBLIC MEETING CONTINUED: RICHARD HANSON (RDA)
13 Ledgestone Road
Present was Applicant Richard Hanson. Hanson revised his RDA on 8/28/08 and it states that he will not remove the pine trees. A MOTION was made by Brown to issue a Negative Determination of Applicability, seconded by Van Roo. VOTE UNANIMOUS. The Commission signed the Negative Determination of Applicability.

*Zisk showed the Commission pictures of the work being done at “Douglas Business Park”, located on Cliff Street. The owner, Martin Linder is doing a great job.

7:30 PM PUBLIC HEARING CONTINUED: COOPERTOWN REALTY TRUST (NOI)
34 Davis Street
Present was the Applicant Gary Vecchione and his representative Normand Gamache of Guerriere & Halnon. Also present were abutters Charles (53 Monroe) & Jeremy Flansburg (63 Monroe), Robert Doyon (20 Monroe) along with other abutters. Initially this Notice of Intent was withdrawn (letter dated 8/27/08) but the Applicant withdrew his withdrawal (letter dated 9/12/08). The scope of the proposed work consists of crossing an intermittent stream and associated bordering vegetated wetland for the construction of access drive to a proposed farm stand and greenhouse. Gamache said that the total area of disturbance would be 750 square feet. The proposed wetland alteration will be upgraded to a 28-foot crossing with a 60-inch pipe buried 2-feet and a berm will be placed outside the culvert above the proposed pipe. Cundiff said that Gamache did not use the new Stormwater Policy Form and Gamache said that he would provide Cundiff with this information. Brown asked if the taxes were paid on this property and Vecchione said that they have not been paid yet but is working out a payment agreement with the Town Treasurer. The Commission asked Vecchione to submit a copy of this agreement to them and Vecchione agreed. Zisk said that DEP stated value of stream (fisheries, canopy) as determined by DFW should be taken into account and asked Gamache to follow the wildlife habitat guidelines. Zisk suggested having Gillian Davies of BSC Group get involved because she was part of the process for the ANRAD. Zisk said that with the Commission’s permission, he will get a quote from BSC Group. Gamache wants to be present when Davies goes to the site to look at stormwater management, species, etc. Brown asked Gamache why he proposes a 4-sided pipe crossing instead of a 3-sided open culvert and Gamache said that due to less cost and less disturbance. Zisk said that an open bottom is a natural grade of erosion, no steep drops to hinder trout and is brighter and wider for animal use. It does not comply with the Army Corp of Engineers openness ratio standard. Gamache said that BSC Group thinks they are upgrading habitat. Jeremy Flansburg said that he has information from the Division of Fisheries & Wildlife and Zisk asked for copies for the Commission to review. Abutter Andrew Smith of 21 Monroe Street asked about the Aquifer Special Permit that was denied by the Planning Board. Cundiff said that Town Counsel stated that an Aquifer Special Permit must be approved prior to all other permits and the Earth Removal Special Permit Application is incomplete. Zisk said that the Commission oversees the state and local wetland bylaws. Vecchione said that he is appealing the Aquifer Protection Special Permit Denial. Abutter Mary Sullivan of 439 Northeast Main Street asked about water flow. Gamache said that he has to show that the project would not be creating an impact.

After discussion, a MOTION was made by Van Roo to give Cundiff permission to contact Kopelman & Paige for legal advice to ask if the Commission supersedes the state regulations and other permits, seconded by Brown. VOTE UNANIMOUS.
A MOTION was made by Van Roo to give Zisk permission to ask BSC Group for a proposal to include the crossing, fisheries and stormwater management, seconded by Mosczynski. VOTE UNANIMOUS.
A MOTION was made by Van Roo to continue the Public Hearing on Monday, October 20, 2008, at 8:00pm, seconded by Mosczynski. VOTE UNANIMOUS.

8:20 PM PUBLIC HEARING CONTINUED: ED’S CONSTRUCTION, INC. (NOI)
88 West Street
The Commission received a letter dated 9/15/08 from Erin Gallogly of Marc N. Nyberg Associates, on behalf of their above named client, requesting a continuance because they are currently addressing engineering comments that were provided by Cundiff. A MOTION was made by Van Roo to continue this Public Hearing on Monday, October 20, 2008, at 7:30pm, seconded by Brown. VOTE UNANIMOUS.

8:22 PM PUBLIC HEARING CONTINUED: NORTH BROWN, LLC (NOI)
“North Village”, North Street
Zisk, being an abutter, recused himself from this Hearing and left the room. Present was one of the Applicants Edwin Taipale and his representative Paul Hutnak of Heritage Design Group. Also present was Lisa Mosczynski of Metacomet Land Trust and Attorney Jay Talerman. The parcel consists of fifty-five (55) acres. Hutnak said that he was working on the stormwater management with Cundiff today. Cundiff said that the paperwork regarding the remaining land would go to the state for approval. Talerman asked who should care for the remaining land- the town or Metacomet. Lisa Mosczynski said that her concern would be stewarding the property – a stewardship fund/homeowners or donate the land to the Conservation Commission but asked to see a revised CR (Conservation Restriction). Brown said that the species (turtle, salamander) have been de-listed. Taipale said that there are a lot of issues to be discussed that can’t accurately be defined. An example is “non-motorized activities on site”. Cundiff suggests that the Commission either wants the process solidified prior to issuing an Order of Conditions or to add as a condition. A MOTION was made by Brown to ask BSC Group to look at the flagged areas to determine their accuracy. Art Allen of EcoTec, Inc. has gone out to the site and replaced the flags recently. Cundiff suggest that the Commission think about what they wanted to do: 1) issue an Order of Conditions with conditions and deal with the CR later or 2) determine whether the Commission should take conservation ownership or Metacomet.
The Commission said that they do not want to see any work commence until the CR is approved. Brown suggested keeping the Public Hearing open until all Boards are satisfied. A MOTION was made by Brown to continue the Public Hearing on Monday, October 6, 2008, at 7:45pm, seconded by Mosczynski. VOTE UNANIMOUS.

9:00 PM PUBLIC HEARING CONTINUED: KEVIN BLISS (NOI)
24 Perry Street, Lot #1
Present was applicant Kevin Bliss and his representative Karen Keegan of Andrews Survey. Keegan submitted a revised plan dated 9/10/08 showing the slurry pit and straw bales. A MOTION was made by Van Roo to close the Public Hearing and issue an Order of Conditions, seconded by Dudley. VOTE UNANIMOUS.

9:05 PM PUBLIC HEARING CONTINUED: NATHANIEL SMITH (NOI)
75 Northwest Main Street
Present on behalf of the Applicant was Seth Lajoie of Seth Lajoie Associates. Lajoie submitted the paperwork as Nathaniel Smith being the Executor of the Estate along with a revised plan. A MOTION was made by Van Roo to close the Public Hearing and issue an Order of Conditions, seconded by Mosczynski. VOTE UNANIMOUS.

ADJOURNMENT
At 9:17pm, a MOTION was made by Mosczynski to adjourn the meeting, seconded by Van Roo. VOTE UNANIMOUS.

Respectfully submitted,
Community Development Dept.



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