5/1/2007 - Meeting Minutes

Moderator: Maria Lajoie

5/1/2007 - Meeting Minutes

Postby Maria Lajoie » Mon Jun 11, 2007 8:23 am

The meeting was called to order at 7:08pm.

ATTENDANCE
Chairwoman Marylynne Dube, Vice Chairman Michael Yacino, Leon Mosczynski, 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. Signed Voucher. A MOTION was made by Brown to approve a reimbursement to Michael Yacino for items spent for the sign, seconded by Van Roo. VOTE: YES-4, ABSTAINED-2. VOTE PASSED.
2. Extension Permit for Order of Conditions. The Commission signed this one year Extension Permit for Patrick & Heather Mawn, 42 Cross Street. Zisk said that no work is being done at this site.
3. Certificate of Compliance. James & Kimberly Schwenderman, 346 Southwest Main Street. Zisk said that when he was out there he didn’t see that any water had gone down in the resource area. A MOTION was made by Van Roo to issue a Certificate of Compliance, seconded by Yacino. VOTE UNANIMOUS.
4. Meeting Minutes of 4/17/07. After review, a MOTION was made by Brown to approve the Meeting Minutes of Tuesday, April 17, 2007, as amended, seconded by Mosczynski. VOTE UNANIMOUS.
5. Enforcement Order. Brian & Donna Lacey, 141 Yew Street. Zisk informed the Commission that he had issued an Enforcement Order to the Lacey’s on 4/30/07. The violation was for clearing trees on a lot. There is a wet area across the street from where the tree clearing took place. The wet area flows through a culvert under Elm Street and water from the wet area runs through the property where the large trees had been cut. The tree clearing possibly took place within a buffer zone of a resource area and/or within a resource area. The Order informed the Lacey’s to cease and desist all work within the 100-foot of the resource area and to attend the May 14, 2007 Conservation Commission Meeting at 7:00pm to discuss any further action needed. A MOTION was made by Brown to ratify the Enforcement Order, seconded by Van Roo. VOTE UNANIMOUS.
6. Conservation Sign on Mumford Street. Mosczynski thanked everyone for dedicating the land on Mumford Street to him and for the thoughtful sign.
7. Board of Health Meeting. The Commission will meet with the Board of Health on Wednesday, May 9, 2007, at 6:45pm.
8. Rosenfeld Concrete Corp, South Street Gravel Pit. Zisk said that a final detailed plan to restore the area was received. Zisk and Cundiff will go to the site to check on the work periodically.
9. Zisk reminded the Commission that the hearing for Paul Brule, off Birch Hill Road will be held on 5/7/07 and Maryann Dipinto will be present on behalf of DEP and on 5/9/07 for Pyne Sand & Stone, Davis Street and Marielle Stone of DEP will attend that hearing. DEP suggested that a representative from Conservation attend. A MOTION was made by Brown to authorize Zisk to attend these two hearing on the Commission’s behalf, seconded by Valliere. VOTE UNANIMOUS.


7:29 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI)
Webster Road, Lot #4
The Commission received a faxed letter from the Applicant/Owner Iqbal Ali of Crescent Builders, Inc., dated 5/1/07, withdrawing his Notice of Intent’s for Lots #1, #2, #4, #5, #6, #7, #8, #9, #10, #11, #12, & #13. Ali states that he is in the process of changing the permits and getting new approvals for the said project. A MOTION was made by Yacino to close the Public Hearing for Lot #4, seconded by Brown. VOTE UNANIMOUS.


7:30 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI)
Webster Road, Lot #5
The Commission received a faxed letter from the Applicant/Owner Iqbal Ali of Crescent Builders, Inc., dated 5/1/07, withdrawing his Notice of Intent’s for Lots #1, #2, #4, #5, #6, #7, #8, #9, #10, #11, #12, & #13. Ali states that he is in the process of changing the permits and getting new approvals for the said project. A MOTION was made by Yacino to close the Public Hearing for Lot #5, seconded by Brown. VOTE UNANIMOUS.


7:33 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI)
Webster Road, Lot #6
The Commission received a faxed letter from the Applicant/Owner Iqbal Ali of Crescent Builders, Inc., dated 5/1/07, withdrawing his Notice of Intent’s for Lots #1, #2, #4, #5, #6, #7, #8, #9, #10, #11, #12, & #13. Ali states that he is in the process of changing the permits and getting new approvals for the said project. A MOTION was made by Yacino to close the Public Hearing for Lot #6, seconded by Brown. VOTE UNANIMOUS.
7:34 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI)
Webster Road, Lot #7
The Commission received a faxed letter from the Applicant/Owner Iqbal Ali of Crescent Builders, Inc., dated 5/1/07, withdrawing his Notice of Intent’s for Lots #1, #2, #4, #5, #6, #7, #8, #9, #10, #11, #12, & #13. Ali states that he is in the process of changing the permits and getting new approvals for the said project. A MOTION was made by Yacino to close the Public Hearing for Lot #7, seconded by Brown. VOTE UNANIMOUS.


7:36 PM PUBLIC MEETING CONTINUED: NORTH BROWN,
LLC (RDA)
North Street
Zisk recused himself because he is an abutter. Present on behalf of the Applicant was Attorney Edwin Taipale and Paul Hutnak of Heritage Design Group. The Applicant proposes to use an existing logging road to cross the wetland and access the upland area with an excavator in order to do soil testing. Taipale said that the parcel is now zoned industrial but the owner (Jane Bresnahan) wants it to be zoned residential and said that the Board of Selectmen allowed a Local Initiative (40B) Project. The Applicant agreed to comply with all the town bylaws. Anderson said that the Board of Selectmen approved the project consisting of 28 single family homes on 1/3-acre each and 105 townhouses, with a playground, sidewalks and Water/Sewer requirements. Anderson said that they want to cross the wetland areas to do soil testing. Hutnak said that the NHESP de-listed the spotted turtle but they will still protect them. Hutnak submitted a plan for the reduction to cross once to get in to do the soil testing and once to get out. Hutnak said that one week before the work they propose to install silt fencing 30-feet long on each side of both areas and fold the silt fence over and hold it down with stones to protect the turtles and salamanders. Hutnak said they also propose to have wetland and species biologists on the site to make sure the species are being protected. Brown noted that this is priority habitat and asked how they would know if the salamanders wouldn’t go around when the other sections are open and Hutnak said that they would stop at the silt fence. Van Roo is concerned about disturbing the area if the silt fence is installed because she feels that the road (temporary crossing) is in good condition and that by installing a silt fence would be more of a disturbance and she suggested going with the original proposal. Cundiff said that the salamanders could get into any nook and cranny and the work should be done during the dry months. Hutnak said that they planned on doing the soil testing during the beginning of June. Brown feels that during migration the work should be done during the dry season (June). Yacino said that the Commission can set conditions regarding this. Cundiff said that the ground pressure beneath the logs are minor.
Dube attended the Board of Selectmen’s Meeting at 8:00pm and Vice Chairman Michael Yacino took her place as Chairman.
Hutnak said that they would not do any work during a wet season. A MOTION was made by Van Roo to issue a Negative Determination of Applicability with the conditions that (1) the work is done between June 1, 2007 and July 1, 2007 (during the dry weather) and (2) to reference the Original Plan Date, seconded by Mosczynski. VOTE UNANIMOUS.


8:03 PM PUBLIC HEARING CONTINUED: C & C REALTY TRUST (NOI) 169 Davis Street
Present was Applicant William Gingras. Gingras told the Commission that due to the rain the pipe is ¾ blocked and he wants to install a 5-foot piece of pipe. Zisk said that a 5-foot pipe is adequate with an extension and headwall and clean out the culvert. Yacino wants to see rip rap on the slopes on both sides. Gingras said that the work would be done in August but would like to take the rocks out now and the Commission agreed. A MOTION was made by Yacino to close the Public Hearing and issue an Order of Conditions with conditions discussed, seconded by Van Roo. VOTE: YES-4, ABSTAINED-1. VOTE PASSED.


8:12 PM PUBLIC HEARING: BRYAN BURNETT (AB.NOI)
71 Yew Street
Present on behalf of the Applicant was his representative Seth Lajoie of Seth Lajoie & Associates. The scope of work consists of the construction of a 43-foot garage within the 50-foot buffer zone. The Applicant wants to take down an existing shed and would be amicable to use some lawn area where the garage will go. Mosczynski said that the Commission should stick to their 50-foot no build policy. Valliere said that this is a good plan and that there is no encroaching in the wetland but they need to move the garage out of the 50-foot buffer zone. Van Roo asked if there would be any wasted space that could be cut and Lajoie said that this is what the Applicant would like to do. Brown asked if the garage could be built along the driveway and Lajoie said no because there is a walk out basement. Yacino asked Lajoie to take a second look for other alternatives. The Commission scheduled a site walk for Tuesday, May 8, 2007, at 9:00am. A MOTION was made by Valliere to continue the Public Hearing on Monday, May 14, 2007, at 7:45pm, seconded by Brown. VOTE UNANIMOUS.


8:28 PM PUBLIC HEARING CONTINUED: WILLIAM & TEENA PORTER (NOI)
317 South Street
Present were the Applicants and their representative Michael Yerka of Yerka Engineering. The Porters’ propose to construct a garage within 50-feet of a bordering vegetated wetland and a riverfront area. Yerka said that the garage will be on a 4-foot deep concrete slab. Yerka told the Commission that the alternatives analysis to move the driveway would cost $15,000 and to turn the garage sideways, the owners would lose parking and access to the existing garage. Zisk suggested using the stone and concrete areas (1/3 cut) mitigating perimeter protection into the rain garden and to move the proposed garage up closer to the concrete. Yerka said that he may be able to move the proposed garage 17 additional feet away. Dube told Yerka to keep in mind that the Commission has a 50-foot no build policy. Van Roo suggested moving (swing) the proposed garage 10-feet out of the buffer zone plus the 17 additional feet that Zisk suggested. Yerka said that he would come back with a revised plan. A MOTION was made by Yacino to continue the Public Hearing on Monday, May 14, 2007, at 8:00pm, seconded by Brown. VOTE UNANIMOUS.


8:53 PM PUBLIC HEARING: DENIS LETOURNEAU (NOI)
35 Hough Road
Present was Applicant Denis Letourneau and his representative Bill Halston of Land Planning. The scope of work is to clean out silt that washed into Manchaug Pond from the road and to reconstruct a portion of Hough Road by paving 20-feet of dirt road with granite curbing 87-feet from the wetlands. Rip rap will also be placed at the outlet. Cundiff asked about the extent of grading and Halston said just to the right of way 20-feet and they may bring in new gravel. Cundiff said that this project seems minor. Abutter Brian Guilfoyle is concerned that the water will flood his yard. Halston said that the water would go where it usually goes and will pitch away from his property. Van Roo asked if there would be any standing water due to the pitch. Cundiff asked for a plan with spot grades. The Commission scheduled a site walk for Tuesday, May 8, 2007, at 9:30am. A MOTION was made by Yacino to continue the Public Hearing on Monday, May 14, 2007, at 8:15pm, seconded by Brown. VOTE UNANIMOUS.


ADJOURNMENT
At 9:10pm, a MOTION was made by Yacino to adjourn the meeting, seconded by Brown. VOTE UNANIMOUS.

Respectfully submitted,
Community Development Dept.



Maria Chesley
Administrative Secretary
Maria Lajoie
Maria Lajoie
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