4/17/2007 - Meeting Minutes

Moderator: Maria Lajoie

4/17/2007 - Meeting Minutes

Postby Maria Lajoie » Thu May 03, 2007 9:39 am

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

ATTENDANCE
Chairwoman Marylynne Dube, Leon Mosczynski, Michael Yacino, Linda Brown, Michael Valliere, Brandi Van Roo, Stephen Zisk (Planning/Conservation Agent), William Cundiff (Town Engineer) and Maria Chesley (Administrative Secretary). Absent was Ralph Dudley.


CONSERVATION COMMISSION BUSINESS
1. Forestview Estates. Attorney Walter Jabs was in on behalf of the owner Iqbal Ali (Trustee/AFRA Realty Trust). Jabs said that since Ali’s ZBA permit expired and his appeal was denied, Ali (through Paul Cusson of Delphic Associates Office) will write the Commission a formal letter withdrawing all Forestview Estates Notice of Intents for Lots #1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13.
2. Dean & Laura Katragjini, 8 Linden Street. Present were the owners and their friend Ronald Anger of Ranger, Inc. Anger said that the owners want to clean up the property of debris (abandoned vehicles, two busses – one short one and one long one, propane tanks, wooden debris, construction debris, the dilapidated house, collapsed garage and tires) by using an excavator with a grapple to load trailers, which will be distributed to the proper destinations. Anger said that any debris being removed from the wetland would be done by hand, no grades would be altered, no digging will be done, no equipment will go into the wetland and no trees will be cut down or be removed from the premises. The Katragjini’s own the property and want to build a house. Yacino asked if the soil samples were done by Robert G. Murphy & Associates and Anger said that Murphy’s representative removed the soil samples and Murphy had them analyzed by Alpha Labs in Westborough. Mosczynski asked how many acres there were and Anger said two (2). Cundiff asked if they plan on removing the foundation and Anger said no. Cundiff said that the owners would have to file with the Commission at some point. Yacino said that the owners would either have to clean up the site by hand or file with the Commission. Van Roo feels that the owners should file with the Commission for the work so that there would be a paper trail and to be consistent with past filings. Cundiff said to leave it up to the owners to file an RDA or an NOI.
3. Stuart & Deborah VandenAkker, 83 Island Road. The VandenAkker’s were present to talk to the Commission because they have to dig eighteen (18) holes to construct their wrap-around deck. Zisk said that the Commission had issued them a Negative Determination of Applicability for the deck but the conditions were that they could not have any heavy equipment on the property and that the deck would be constructed on sonar tubes. The VandenAkker’s are asking the Commission’s permission to use a bobcat to dig the holes. Brown said that the bobcat could get stuck if there are a lot of roots. VandenAkker said that he could use a hand held auger that takes two men. Yacino said that if the auger hits roots, it would disturb the roots of the pine trees, but if he hits rock, that would be fine. Mosczynski agreed that the roots of the pine trees may be disturbed. VandenAkker said that two (2) of the trees were taken down last year. Brown said that the VandenAkkers’s need to place straw bales across the front area. Van Roo feels that this is a very sensitive area and that no equipment (bobcat) should be used. VandenAkker said that the deck will be 50-feet from the water and the holes will be 4-feet deep. Valliere said that there is a lot of rock there. Yacino said that if you hit a root system that is like stumping and he agrees with Brown and Van Roo about it being a very sensitive area and it needs to be protected. It was the consensus of the Commission that the VandenAkker’s need to file a new RDA if they want to pursue using machinery. VandenAkker said that he would start digging and see how far he could get and if he runs into problems, then he will file an RDA.


7:30 PM PUBLIC HEARING CONTINUED: ROSENFELD CONCRETE CORP (NOI)
South Street
The Commission received a letter from Nancy Prominski of Rosenfeld Concrete dated 4/9/07 requesting a continuance of this Hearing in order to prepare to discuss new information pertaining to the site as well as the stream crossing. The Commission also received a letter and asked Cundiff to respond to Rosenfeld’s letter dated 4/10/07. A MOTION was made by Yacino to continue the Public Hearing on Monday, June 18, 2007, at 7:30pm, seconded by Valliere. VOTE UNANIMOUS.


7:45 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI)
Webster Road, Lot #4
The Commission decided to continue these Public Hearings until we receive a letter from the owner stating that he is withdrawing all of the Notice of Intent’s. A MOTION was made by Yacino to continue the Public Hearing on Tuesday, May 1, 2007, at 7:28pm, seconded by Brown. VOTE UNANIMOUS.


7:46 PM PUBLIC MEETING: TOWN OF DOUGLAS FIRE STATION (RDA) 64 Main Street
Present on behalf of the Town was William Cundiff, Town Engineer. The scope of work is to construct a lit bulletin board (sign), excavate a trench for an underground electrical conduit and create a small landscaped area around the sign. Straw bales will be installed between the detention basin, wetlands and the proposed work. Cundiff said that there would not be any site distance issues from Riedell Road and Main Street. A MOTION was made by Yacino to issue a Negative Determination of Applicability, seconded by Valliere. VOTE UNANIMOUS.


7:50 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI)
Webster Road, Lot #5
The Commission decided to continue these Public Hearings until we receive a letter from the owner stating that he is withdrawing all of the Notice of Intent’s. A MOTION was made by Yacino to continue the Public Hearing on Tuesday, May 1, 2007, at 7:29pm, seconded by Valliere. VOTE UNANIMOUS.


7:54 PM PUBLIC MEETING: NORTH BROWN, LLC (RDA)
North Street
Zisk recused himself because he is an abutter to this property. Present on behalf of the Applicant was his representative Paul Hutnak of Heritage Design Group. Also present was Mark Anderson and Edwin Taipale. The scope of work is to use an existing logging road to cross the wetland and access the upland area with a track excavator in order to do soil testing. Hutnak said that Arthur Allen of EcoTec said that he evaluated the existing wetland crossing on 3/15/07 and said that it was stable and has a solid surface. Allen also stated in his letter that the crossing is approximately 12-feet wide and is capable of supporting heavy equipment with no wetland impact (Allen’s opinion). Cundiff asked if this was an endangered species area and Hutnak said that the crossing is not near any endangered species areas. Cundiff asked Hutnak when the Applicant proposes to do the work and Hutnak said as soon as possible. Hutnak said that the NHESP agreed that the Applicant could cross at that point. Taipale gave the Chairwoman a copy of this letter dated 2/5/07. Dube said that the NHESP stated in their letter that they will not make a final determination until they receive the fully engineered project plans and other documents as part of an official Conservation and Management Permit Application. Brown said that there is an estimated 80-acres that lies in the NHESP priority habitat for spotted turtles and four toed salamanders and these species are migrating now and Van Roo said that for salamanders it won’t make a difference if Wildlife Biologists are on site or not. Cundiff said that the road was put in to remove stone walls and not for logging but then the temporary bridge logs were never removed from the site. Van Roo wants to see NHESP’s final determination documentation.
Abutter Tim Barlow said that abutter Mr. Slocum has a stone wall and trees and the Applicant is not allowed to go through his property. Abutter Frank Silan of 8 Brown Road said that the Applicant had testing done above the property and said that it is a mess and that it is suppose to be a dry area. The Commission scheduled a site walk for Tuesday, April 24, 2007, at 5:30pm. A MOTION was made by Brown to continue the Public Meeting on Tuesday, May 1, 2007, at 7:36pm, seconded by Yacino. VOTE UNANIMOUS.


8:25 PM PUBLIC HEARING CONTINUED: GUARANTEED BUILDERS & DEVELOPERS (NOI)
37 Glen Street, Lot #1B
The Commission received a letter from William Pybas, on behalf of Guaranteed Builders dated 4/17/07, requesting a continuance. The Commission has not received any new information for this project. A MOTION was made by Yacino to continue the Public Hearing on Monday, August 20, 2007, at 7:30pm, seconded by Brown. VOTE UNANIMOUS.


8:27 PM PUBLIC HEARING CONTINUED: GUARANTEED BUILDERS & DEVELOPERS (NOI)
37 Glen Street, Lot #2B
The Commission received a letter from William Pybas, on behalf of Guaranteed Builders dated 4/17/07, requesting a continuance. The Commission has not received any new information for this project. A MOTION was made by Yacino to continue the Public Hearing on Monday, August 20, 2007, at 7:45pm, seconded by Brown. VOTE UNANIMOUS.


8:29 PM PUBLIC HEARING CONTINUED: LOUIS TUSINO (NOI)
103 Shore Road
The Commission received a letter from Louis Tusino dated 4/17/07, requesting a continuance. The Commission has not received any new information for this project. A MOTION was made by Yacino to continue the Public Hearing on Monday, August 20, 2007, at 8:00pm, seconded by Brown. VOTE UNANIMOUS.


CONSERVATION COMMISSION BUSINESS CONTINUED
4. Kimberly Schwenderman, 346 Southwest Main Street. Brown said that she went to the property and said that J.A. Taylor did not finish paving the driveway. The wetlands are at the bottom of the hill The Commission scheduled a site walk for Tuesday, April 24, 2007, at 5:45pm.
5. William & Teena Porter, 317 South Street. The Commission rescheduled a site walk for Tuesday, April 24, 2007, at 6:00pm.
6. Mowing Guidelines. Van Roo had summarized a draft copy of the mowing guidelines that was taken from the Natural Heritage Endangered Species Program for the Commission’s review and comments/changes. Mosczynski will review the draft and give his opinion/changes to the Commission.
7. Fred Dodd, Shady Lane. Mr. Dodd is requesting a modification to his project in order to save a Hemlock Tree or to cut the tree. The tree is located in the corner of the proposed house footprint and if he is not allowed to cut the tree, could he move the house 20-feet closer to the water (he would then be within the 50-foot buffer zone). The Commission agreed that Mr. Dodd needs to go with another alternative perhaps by moving the house back. The Commission asked Chesley to invite Mr. Dodd in to a meeting to discuss this.
8. Douglas Board of Health. The Board of Health responded to the Commission’s letter dated 3/1/07 regarding communication between Board’s. They have invited the Commission in to their meeting on Wednesday, May 9, 2007, from 6:45pm – 7:00pm. The Commission will attend.
9. C & C Realty Trust, Davis Street. Dube asked Zisk to look at the site because there is a lot of mulch stockpiled close to the wetland area.


MEETING MINUTES OF 3/19/07
After review, a MOTION was made by Van Roo to approve the Meeting Minutes of Monday, March 19, 2007, as amended, seconded by Yacino. VOTE UNANIMOUS.


MEETING MINUTES OF 4/2/07
After review, a MOTION was made by Van Roo to approve the Meeting Minutes of Monday, April 2, 2007, as amended, seconded by Yacino. VOTE UNANIMOUS.


SIGNED
1. Order of Conditions: William Eagen, 80 Maple Street
2. Extension Permit for Order of Conditions: Patrick & Heather Mawn, 42 Cross Street. Do not release until a fee of $25 and an original updated Replication Bond is submitted.
3. Vouchers
4. Received a letter from Ingeborg Hegemann of BSC Group dated 4/5/07, regarding Change Order #1 ($2,000) for 53 Gilboa Street. Dube signed.
5. Negative Determination of Applicability: Town of Douglas Fire Station, 64 Main Street
ADJOURNMENT
At 9:20pm, a MOTION was made by Yacino to adjourn the meeting, seconded by Valliere. VOTE UNANIMOUS.


Respectfully submitted,
Community Development Dept.



Maria Chesley
Administrative Secretary
Maria Lajoie
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