9/20/2010 - Meeting Minutes

Moderator: Maria Lajoie

9/20/2010 - Meeting Minutes

Postby Maria Lajoie » Tue Nov 23, 2010 11:40 am

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

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

7:00 PM – (RDA) PUBLIC MEETING – 105 Shore Road / BYLINSKI, JOSEPH
Present were the Applicants Joseph & Carol Bylinski and abutter Louis Tusino. Requesting permission to cut down a tree but will leave the stump and the roots. Bylinski is also asking to trim his birch tree. After discussion, a Motion was made by Brown to issue a Negative Determination of Applicability, seconded by Van Roo. Vote was unanimous.

7:05 PM DISCUSSION:
1. Highway Department, Gleason Court. Cundiff sent the Commission a Memo dated 9/20/10 requesting a minor plan modification of the Order of Conditions (DEP #143-0825). Cundiff states that due to additional permitting requirements associated with 401 Water Quality Certifications and Limitations associated with the 100 square foot of filling that was originally proposed on this project, the Applicant requests the Commission approve the minor modification to the originally approved plans. Cundiff states that the plan change solely consists of eliminating the proposed wetland filling of 100 square feet. After discussion, a Motion was made by Brown to approve the modification of the plan, seconded by Van Roo. Vote was unanimous.

7:10 PM DISCUSSION: NPDES
Present were Todd Richards, Division of Fisheries & Wildlife. Also present were Planning Board members Ernest Marks, Eben Chesebrough, Derek Brown and Michael Zwicker. Todd is a full-time Biologist who samples streams, rivers, lakes and ponds for water quality, stormwater impacts, runoff and habitat for fish. Todd said that all reports are available online. Fred Civian, Stormwater Coordinator for Mass DEP. Cundiff asked where the critical areas were and Fred said the water supply areas which need additional treatment of stormwater. Town resident Jeremy Flansburg asked if cold water fisheries were considered critical areas and forestry plans also. Todd and Fred weren’t sure but said they would find out. There was much discussion about intermittent and perennial streams and stormwater standards.
Fred Civian handed out copies of the Stormwater Phase II Final Rule – Small MS4 Stormwater Program Overview. Fred discussed the geographic scope, the programs scope, partial fulfillment, existing town rules, future EPA actions and environmental goals. Cundiff asked what the ramifications were if the town doesn’t comply with the stormwater program and Fred said that the towns would be fined (some type of enforcement). Yacino asked Fred about stormwater with a one acre area - would EPA back off and let the town enforce this because he feels that environmental goals are important. Fred said that the goal is for the towns to use their local bylaws. Discussed were retention and detention ponds now switching to other technologies and infiltration (pollution reduction) to keep water on the site. Planning Board member Robert Werme arrived at 8:15pm. Derek Brown asked if there was a draft of the above available and Fred said yes. Cundiff asked if there were more stringent requirements for municipalities and Fred said yes and the town needs to submit a report to EPA. Ernest Marks feels that this process is getting out of hand and that people are fed up because of having to file for too many permits. Zisk asked if EPA provides any grants or funding and Fred said he didn’t know but would find out the answer. Zwicker suggested that the town look at what we have and then see what EPA wants. Fred suggested using the old rules and start working on new goals by the end of 2010, early 2011.

MEETING MINUTES OF 8/2/10
After review, a Motion was made by Brown to approve the Meeting Minutes of Monday, August 2, 2010, as amended, seconded by Mosczynski. Vote: Yes-5, Abstained-1. Vote was passed.

MEETING MINUTES OF 8/16/10
After review, a Motion was made by Brown to approve the Meeting Minutes of Monday, August 16, 2010, as amended, seconded by Mosczynski. Vote: Yes-5, Abstained-1. Vote was passed.

DISCUSSION
1. Schedule Site Walk: 115 Ledgestone Road. The Commission will do a site walk on Friday, September, 24 2010 at 9:00am.
2. Letter of Complaint. Eben Chesebrough, 17 Church Street. The Commission received a copy of a letter that was sent to the Board of Selectmen dated August 5, 2010 stating that the Conservation Commission allegedly violated the open meeting law on May 4, 2010. The Commission said that Chesebrough never wrote them a letter but wrote to the Board of Selectmen and the District Attorney’s Office. Lajoie was asked to e-mail the members the executive session minutes from 5/4/10 so they can approve them at their next meeting.



SIGNED:
1. Order of Conditions: Mass DOT, Mumford River Bridge

8:45 PM EXECUTIVE SESSION: To Discuss Strategy with respect to Litigation
At 8:45 pm, a Motion was made by Brown to go in to Executive Session to discuss strategy with respect to litigation, and will adjourn and not return to regular session, seconded by Windoloski.
ROLL CALL
Linda Brown – Aye
David Windoloski – Aye
Brandi Van Roo – Aye
Leon Mosczynski – Aye
Michael Yacino – Aye


Respectfully submitted,
Community Development Dept



Maria D. Lajoie
Administrative Secretary
Maria Lajoie
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