10/18/2010 - Meeting Minutes

Moderator: Maria Lajoie

10/18/2010 - Meeting Minutes

Postby Maria Lajoie » Tue Dec 07, 2010 11:07 am

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

ATTENDANCE
Acting Chairwoman Linda Brown, Leon Mosczynski, Brandi Van Roo, Ralph Dudley, 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 Vice Chairman Michael Yacino.

DISCUSSION
1. American Pro Wind: Wetland Violations. Present was Ernesto Caparrotta of American Pro Wind, Rod Jane of New England Expansion Strategies, Craig Lizotte of Vanasse Hangen Brustlin, Inc. and James Mather of Mather Construction, a sub-consultant to American Pro Wind. Zisk informed the Commission that while on a site walk with MEPA he found several buffer zone and wetland violations. Apparently, James Mather cleared trees through four critical areas on the property within the last six months. Lizotte said there were four areas that are shown on his plan that are in violation and said that he is in the process of preparing a Notice of Intent. Zisk said that the wetland flags were orange/clear and were placed by Orwig Associates. Cundiff said that comments are due to MEPA by 10/22/10. Mather again said that he is at fault. Brown said that APW knew the plan was wrong a year ago but didn’t notify anyone. Ernesto Caparrotta said that Orwig Associates had done the survey and flagged the wetlands. Brown said the ORAD is incorrect. Donley asked if the fly over in March was done before or after clearing and Ernesto said it was done after clearing. Van Roo said that all violators must be fined and this violation was for four sites at $300 each. A Motion was made by Van Roo to issue a fine to Mather Construction in the amount of $1200 for the four violations ($300 each), seconded by Dudley. Vote was unanimous. Zisk believes that the most that can be charged for a violation is $200. A Motion was made by Van Roo to rescind the previous Motion, seconded by Dudley. Vote was unanimous. A Motion was then made by Van Roo to issue a fine to Mather Construction in the amount of $800 for the four violations ($200 each), seconded by Dudley Vote was unanimous. Zisk suggested asking for coordinates when filing the Notice of Intent and Van Roo asked if the ORAD can be amended and Zisk said yes that it can be modified. Van Roo said that the new coordinates should be foolproof and supersede the old ANRAD. Cundiff said filing a Notice of Intent would cure this. Ernesto said that he would contact Zisk if any work is to be done on the site. Cundiff was asked to write a letter to MEPA informing them of the violations and that the Commission fined Mather Construction.

7:50 PM – (ANRAD) DEP #143-0 - PUBLIC HEARING CONTINUED – Oak Street, Map 132, Parcel APO 5 / HUGHES, ANDREA
Present was the Applicant and her representative Normand Gamache of Guerriere & Halnon. A site walk was done by the Commission and there were no issues. A Motion was made by Dudley to close the Public Hearing and issue an Order of Resource Area Delineation, seconded by Windoloski. Vote was unanimous.

DISCUSSION CONTINUED
2. 65 Hemlock Street. Abutters present were Mark Franco and Paul Lemieux of 59 Hemlock Street who said that they are concerned that their neighbor has quite a few ribbons around her trees and she told them that she would be cutting them down. Zisk said that he went to the site today and saw the ribbons but no trees had been cut down. The Commission asked him to contact the owner and ask what their intentions are and Zisk will also look at the plans to see where the wetlands are. Zisk will report back to the Commission.
3. West Street Well Site. A site walk was done by the Commission. Van Roo suggested that the Commission open the lines of communication with the Police. This issue will be discussed at a future meeting.
4. Request for a Certificate of Compliance: Rosenfeld Concrete Corp, South Street (DEP #143-0756). The Commission will do a site walk.
5. Request for a Certificate of Compliance: 26 Northwest Main Street, LLC, 24 Northwest Main Street, Lot #2 (DEP #143-0794). Lot #2 will not be developed and was combined with Lot #1. The Commission signed the Certificate of Compliance.
6. Certificate of Compliance: UniBank For Savings, 72 Pine Street (DEP #143-0274). The Commission signed the Certificate of Compliance.
7. NPDES Stormwater Requirements. The Commission sent a memo to the Board of Selectmen dated 10/15/10 stating that the timeline of 11/2/10 may not be met because the Planning Board does not want to discuss this until after the Wind Farm Project has been completed. The Commission is asking the Selectmen to advise them on what their preference is in proceeding with this matter.
8. Chris Pastor, Den Leader for the Webelos. Received a letter dated 10/18/10 asking the Commission if they have a conservation project that the boys can do to earn the Cub Scout “World Conservation Award” and the Cub Scout “Leave No Trace Behind” Award. Discussion about projects the boys could do. Kelley Donley will contact Chris Pastor and work with her.
9. Interface, Inc. The Commission received a letter from Donald Rudge, their Manager of Environmental & Maintenance dated 10/7/10 regarding discharge of accumulated rain water to the Mumford River. This work has been approved by DEP. The Commission had no objections to this request. Lajoie was asked to send a letter to Mr. Rudge.
10. Certificate of Compliance: Douglas Properties, LLC,
Webster Street (DEP #143-0512). The Commission signed the Certificate of Compliance.

8:30 PM EXECUTIVE SESSION: To discuss Strategy with Respect to Litigation
34 Davis Street
At 8:30 pm, a Motion was made by Van Roo to go in to Executive Session to discuss strategy with respect to litigation, and will return to regular session to adjourn, seconded by Mosczynski.

ROLL CALL
Brandi Van Roo – Aye
Leon Mosczynski – Aye
Ralph Dudley - Aye
David Windoloski – Aye
Linda Brown – Aye

At 8:40pm, the Commission rose from Executive Session and returned to Regular Session.

ADJOURNMENT
At 8:40pm, a Motion was made by Van Roo to adjourn the meeting, seconded by Dudley. Vote was unanimous.

Respectfully submitted,
Community Development Dept



Maria D. Lajoie
Administrative Secretary
Maria Lajoie
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