4/20/2010 - Meeting Minutes

Moderator: Maria Lajoie

4/20/2010 - Meeting Minutes

Postby Maria Lajoie » Wed Aug 18, 2010 1:59 pm

The meeting was called to order at 7:20pm.

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

7:20 PM DISCUSSION
1. Wallis Dam. Cary VandenAkker of DCR came in to talk to Zisk about getting an Emergency Order to install new pipes because the 6” x 8’ pipes are plugged up. Yacino went to the site and took pictures of the dam that the beavers have been making. The Commission signed the Emergency Order.
2. Meeting Minutes of 4/5/10. After review, a Motion was made by Brown to approve the Meeting Minutes of April 5, 2010, as amended, seconded by Van Roo. Vote was unanimous.
3. Annual Conservation Commission Appointments. Marylynne Dube and David Windoloski are up for reappointment of three years. A Motion was made by Van Roo to support the reappointments of Marylynne Dube and David Windoloski, seconded by Brown. Vote was unanimous. Chesley will send a memo to the Board of Selectmen.
4. DEP Request for Comments: 34 Davis Street. Cundiff said that Joe Belino of DEP is looking for comments from the members and staff and forward to him.
5. Joseph Construction, 26 Elm Street (DEP #143-0409). The Commission signed the Certificate of Compliance for this property.
6. David Sabatino, 15 Bald Hill Road. Sabatino present and said he is building a single family home. There is high ground water on the property and collects into a pond. Excavation was done below ground water and water flowed across the street onto his neighbors’ property. The Commission did a site walk on 4/14/10. After discussion, a Motion was made by Brown stating that this issue is not within the Commission’s jurisdiction, seconded by Mosczynski. Vote was unanimous.

7:30 PM (RDA) PUBLIC MEETING CONTINUED - 188 South Street / LAPHAM, JUSTIN & RHONDA
Present was Applicant Justin Lapham. The Commission had no other issues. A Motion was made by Brown to issue a Negative Determination of Applicability with the condition that Lapham contact the Conservation Agent to inspect the installation of the silt fence 24 hours prior to the commencement of work, seconded by Van Roo. Vote was unanimous.

*The Commission recessed from 7:35pm to 7:45pm.

7:45 PM DEP #143-0820 (NOI) PUBLIC HEARING – Cross Street, Lot #1 / HENEY, DANIEL - ORBISON CORP
Present was Daniel Heney dba Orbison Corp, his representative Mark Allen of Allen Engineering and Scott Goddard, Ecological Engineer from Carr Research Laboratory. The scope of work is to construct a driveway for a single family house, related grading and utilities. The driveway (12-foot wide) will cross a wetland and the wetlands will be replicated. A drain culvert will be placed under the driveway and the entire limit of work will be surrounded by a row of erosion control. This proposed project was originally approved under DEP #143-0695 on 10/3/05. The Applicant requested and received a one-year extension for the project to 10/3/09. The Applicant requested another one-year extension in the fall of 2009 but the request was made after the 10/3/09 permit deadline date and the Commission denied the extension. The Applicant has re-filed for a new Notice of Intent in order to complete the proposed project. Allen said that the design plans have not changed. Allen changed the plans by inserting “straw” bales instead of “hay” bales. Goddard states in his letter dated 4/20/10 that the proposed impact areas involved a limited project driveway crossing where 1800 square feet of BVW and 30 linear feet bank are proposed for permanent alteration (with additional two feet on each side for temporal erosion control disturbance). A total of 352 linear feet of bank of an intermittent stream is found on the entire site, less than 10% (35.2 feet) of the on-site bank is proposed for alteration. The bank resource area impact is below the allowed threshold and no wildlife habitat evaluation is triggered. Zisk noted that the Notice of Intent did not state that it was a limited project and his comments are written as to what information is on the NOI submitted. Van Roo asked that the large canopy trees be left alone between the replication area and the stream. Brown asked that as a condition, bonds be placed for the wetland crossing and replication area prior to any work and that Zisk be contacted prior to the commencement of any work. Van Roo added a friendly amendment that “shade trees be left when hydro logically connecting replication area to wetlands with grading.” After discussion, a Motion was made by Brown to close the Public Hearing and issue an Order of Conditions with the following conditions: a) Bonds for the replication and wetland crossing are to be submitted prior to construction; b) The large canopy trees are to be left alone between the replication area and the stream; and c) The Planning/Conservation Agent is to be contacted prior to the commencement of any work, seconded by Van Roo. Vote was unanimous.

8:00 PM (RDA) PUBLIC MEETING – 77 Ledgestone Road / ANDERSON, SCOTT
Present was the Applicant Scott Anderson and his representative Norman Hill of Land Planning. The existing home is on Manchaug Pond and has a house, well, driveway and septic system. There is over 100-feet of flat lawn between the existing house and the pond and none of that area will be disturbed by this proposed construction. The existing home will be rebuilt with a new septic system and driveway. Hay bale line and limit of work line proposed to be 102-feet from the edge of the wetlands. After discussion, a Motion was made by Brown to issue a Negative Determination of Applicability with the condition that this approval is subject to Zoning Board of Appeals approval of the plan presented to the Commission and to amend the plan by changing “hay” bales to “straw” bales, seconded by Van Roo. Vote was unanimous.

8:15 PM DEP #143-0819 (NOI) PUBLIC HEARING CONTINUED – 78 Cottage Colony Drive / STANHOPE, CAROL –
Estate of Dorothy Abram
The Commission must continue this Public Hearing because Carol Stanhope has not yet received Zoning Board of Appeals approval. A Motion was made by Van Roo to continue the Public Hearing on Monday, May 17, 2010 at 8:00pm, seconded by Brown. Vote was unanimous.

8:16 PM (RDA) PUBLIC MEETING CONTINUED - 75 Ledgestone Road / BURGESS, ELLIS
Present were Applicants Ellis & Laura Burgess. The Commission had no remaining issues. A Motion was made by Brown to issue a Negative Determination of Applicability with the condition that this approval is subject to Zoning Board of Appeals approval of the plan presented to the Commission, seconded by Van Roo. Vote was unanimous.

SIGNED:
1. Certificate of Compliance: Joseph Construction, 26 Elm Street
2. Negative Determination of Applicability: Justin Lapham, 188 South Street
3. Negative Determination of Applicability: Ellis & Laura Burgess, 75 Ledgestone Road
4. Negative Determination of Applicability: Scott Anderson, 77 Ledgestone Road

ADJOURNMENT
At 8:20pm, a Motion was made by Van Roo to adjourn the meeting, seconded by Brown. Vote was unanimous.

Respectfully submitted,



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