1/16/2007 - Meeting Minutes

Moderator: Maria Lajoie

1/16/2007 - Meeting Minutes

Postby Maria Lajoie » Tue Feb 20, 2007 11:59 am

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

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


CONSERVATION COMMISSION BUSINESS
1. 103 Franklin Street. Norman Gadoury in to discuss the Enforcement Order issued to him on 1/8/07 for excavating a trench from the project construction site through a berm to an area which is located above the abutting resource area. The project site, which is located in a bowl, now has an area for the sediment and runoff to flow, which may be toward the unprotected resource area. The grading and location of the trench is not shown on any of the site plans submitted to the Board of Health and/or the Building Department for which the sign off of the project was based on. Zisk spoke to Gadoury on 1/8/07 after visiting the site, and Zisk instructed Gadoury that straw bales must be placed at the inlet to the trench area within two hours and the area shall be restored to its original condition. Gadoury said that he bought the existing property and demolished the original house. Zisk said that he instructed Gadoury to stay 100-feet away from the buffer zone. Zisk said that the Enforcement Order was issued because he observed a cement truck dumping out his hopper into a part of the grand trunk gully, which is a wetland and a trench was excavated from the project construction site through a berm to an area which is located above the abutting resource area. Zisk then issued another Enforcement Order on 1/11/07 because the Applicant pushed material over a slope that is up gradient from the edge of a resource area which is located at the bottom of the slope. Stumps, fill material and cement from the washing out of a cement truck have been placed over the embankment. Zisk, Yacino and Valliere met with Gadoury at the site on 1/11/07 to review and inspect the violation area and informed Gadoury that this would be discussed at the Commission’s meeting on 1/16/07. Zisk said that he received an e-mail from Philip Nadeau of DEP that was sent to him by abutter Al Genis with photos regarding 103 Franklin Street. Genis said that the photos show the foundation in violation of the 100-foot requirement being 71-feet from the Grand Trunk parameter. Genis also states that the contractor has moved the original site back toward the Grand Trunk rather that the original dwelling footprint. Nadeau suggested that the Commission have Gadoury file a Notice of Intent or a Request for Determination. Gadoury said that he did everything that Zisk told him to do. Brown feels that Gadoury should file a Notice of Intent in order for the Commission to have a paper trail on this property. Gadoury again said that he did everything that he was asked. Zisk said that the concrete, stumps and debris have been removed. Van Roo feels that a Request for Determination should be filed to find out what is going on out there. Gadoury said that the site work is done except for seeding and the foundation is in and he just moved the septic pump and said that if Zisk measures the foundation and finds that it is out of the 100-foot buffer zone, then Gadoury should be fine. Cundiff said that this sends a bad message to people by not having Gadoury file and said that the Commission should be consistent. Valliere said that he is “on the fence” about having Gadoury cease and desist work on the whole property after an Enforcement Order was issued. A MOTION was made by Brown to have Gadoury file a Notice of Intent for the work that has been done and to cease and desist all activity until the Commission approves the filing, but the motion was not seconded. Gadoury said that he has already corrected the Enforcement Order and asked why he should file a Notice of Intent. Cundiff said because he worked beyond the limits. A MOTION was then made by Van Roo to have Gadoury file a Notice of Intent or a Request for Determination by 1/23/07, seconded by Dudley. VOTE: YES-4, NO-1, ABSTAINED-1. VOTE PASSED.


MEETING MINUTES OF 1/2/07
After review, a MOTION was made by Valliere to approve the Meeting Minutes of Tuesday, January 2, 2007, as written, seconded by Mosczynski. VOTE UNANIMOUS.


7:46 PM PUBLIC HEARING CONTINUED: LOUIS TUSINO (NOI)
103 Shore Road
The Commission received a letter from William Pybas, on behalf of the Applicant, requesting a continuance of this Hearing to the first meeting in March, 2007. A MOTION was made by Brown to continue the Public Hearing on Monday, March 5, 2007, at 8:00pm, seconded by Van Roo. VOTE UNANIMOUS.


7:47 PM PUBLIC HEARING CONTINUED: J.A. TAYLOR CONSTRUCTION COMPANY, INC. (RDA)
Charles Street
Zisk said that the representative for the Applicant, Scott Medeiros of Andrews Survey is unable to attend the meeting tonight. Zisk informed the Commission that the Planning Board approved Taylor’s plan and that the straw bales are in place and all the issues have been addressed.
A MOTION was made by Mosczynski to issue a Negative Determination of Applicability, seconded by Brown. VOTE UNANIMOUS.


7:52 PM PUBLIC HEARING CONTINUED: JAMES KOLLETT (ANRAD)
72 Pine Street
Present was Michael Yerka of Yerka/Bacon Engineering. Yerka is requesting a continuance of this Hearing because he is waiting for comments from BSC Group. A MOTION was made by Valliere to continue the Public Hearing on Tuesday, February 20, 2007, at 7:45pm, seconded by Brown. VOTE UNANIMOUS.


DISCUSSION
1. 103 Franklin Street. Norman Gadoury back in to ask the Commission to reconsider their decision. After discussion, a MOTION was made by Dudley to instruct Norman Gadoury to Cease & Desist all activity at 103 Franklin Street until a Request for Determination or a Notice of Intent is filed and approved by the Commission, seconded by Mosczynski. VOTE: YES-5, ABSTAINED-1. VOTE PASSED. The Commission will discuss this again at their next meeting on 2/5/07.


8:07 PM PUBLIC HEARING CONTINUED: ED’S CONSTRUCTION, INC. (NOI) 88 West Street
The Commission received a letter from Lisa Barbosa of Marc N. Nyberg Associates, Inc., dated 1/10/07, requesting a continuance of this Hearing because they are making changes to the house design to reduce the impact to the wetlands. A MOTION was made by Brown to continue the Public Hearing on Tuesday, February 20, 2007, at 7:30pm, seconded by Valliere. VOTE UNANIMOUS.


DISCUSSION
1. Roman Catholic Bishop of Worcester, Mumford Street property (Conservation land Map 119-5). The Commission received a Memo from Ida Ouillette, Assistant Assessor dated 1/15/07. On behalf of the Board of Assessors, Mrs. Ouillette informed the Commission that the Board of Assessors can abate the Town’s share of the taxes under Chapter 59 Section 72A. A MOTION was made by Valliere to request that the Board of Assessors abate the Town’s share of the taxes under Chapter 59, Section 72A for Mumford Street, Map 119-5 in the amount of $2,389.32, seconded by Mosczynski. VOTE UNANIMOUS. Chesley will send a memo to the Board of Assessors.
2. BRWA Membership Renewal. A MOTION was made by Brown to become members of the Blackstone River Watershed Association, seconded by Mosczynski. VOTE UNANIMOUS. The Commission signed the voucher.
3. FYI. The Commission received a copy of a Request for Departmental Action Fee Transmittal Form to DEP (filing an Appeal) from Andrew A. Smith, Brian R. Prunier & Jonathan S. Flansburg regarding the ANRAD for Pyne Sand & Stone, project located at 34 Davis Street.


SIGNED:
1. Vouchers
2. Certificate of Compliance: Kevin Bliss, 20 Perry Street
3. Negative Determination of Applicability: J.A. Taylor, Charles Street


8:15 PM PUBLIC HEARING CONTINUED: CHRIS PODLES (ANRAD) Northwest Main Street
The Commission received a letter from Benjamin Gilmore of Gilmore Consultants dated 12/26/06, requesting a continuance of this Hearing to permit additional time for the consultants to complete all the tasks outlined in a Memo from William Cundiff (Town Engineer) to Bruce Waite of Waite Land Use Consultants, dated 10/5/06 and to allow for sufficient time for the material to be reviewed. Zisk said that the Commission received a Wetland Report from Douglas S. Sparrow of Sparrow Environmental Services, Inc., dated 12/29/06. After the Commission’s review, a MOTION was made by Mosczynski to hire BSC Group to review this Wetland Report, seconded by Brown. VOTE UNANIMOUS. Valliere asked why pay BSC Group when the Commission has been waiting for answers from the Applicant and his engineer. Van Roo said that there were different delineations at different times. Cundiff said that the Commission needs to find out where the wetlands are today and to submit one final delineation. A MOTION was made by Brown to continue the Hearing on Monday, February 5, 2007, at 8:15pm, seconded by Valliere. VOTE UNANIMOUS.


8:26 PM PUBLIC MEETING: LAWRENCE & JEANNE BOMBARA (RDA) 560 Northwest Main Street
Present were Lawrence & Jeanne Bombara. Zisk said that an anonymous letter was sent to DEP stating that the Bombara’s had sand brought in for their beach area without permission from the Commission. Lawrence said that early in the summer he dumped sand onto their existing beach and also said that he usually adds sand every two years above the water level. Dube asked if the Bombara’s needed to come back every three years to do this and Zisk said yes but to request another three-year (3) extension.
After discussion, a MOTION was made by Valliere to issue a Negative Determination of Applicability, seconded by Mosczynski. VOTE UNANIMOUS. The Commission signed the Negative Determination of Applicability.


8:45 PM PUBLIC HEARING CONTINUED: MICHAEL GORMAN (ANRAD) 106 West Street
Present on behalf of the Applicant was Michael Yerka of Yerka/Bacon Engineering and Cliff Van Reed of ReMax. The Commission received a letter from Gillian Davies of BSC Group dated1/5/07 regarding Peer Review of Wetland Resource Delineation for 106 West Street. Davies approved the “A” Series Flags but the “B” Series Flags should be reviewed in the future. Cundiff said that the purpose of this ANRAD is to show where the wetlands are. Dube asked for a PLS stamped plan and to show the property line and wetland line on the “A” Series Flags Plan. Zisk asked Yerka to take the “B” Series Flags off the plan. A MOTION was made by Valliere to continue the Public Hearing on Monday, February 5, 2007, at 7:35pm, seconded by Dudley. VOTE UNANIMOUS.


8:53 PM PUBLIC HEARING CONTINUED: WEBSTER DEVELOPMENT (NOI) 13 Charles Street
Present on behalf of the Applicant was Michael Yerka of Yerka/Bacon Engineering and Cliff Van Reed of ReMax. The Commission had done a site walk on the property. Yerka said the swale to wetland flag #7 was 12-feet and the buffer zone grading is 27 ½ -feet off the wetland. Yerka also said that there will be three (3) red maples and high bush blueberries to be planted in the basin area on the left side. Yerka told Cundiff that he has the subcatchment information for him. Straw bales to be placed along the westerly side. Cundiff asked Yerka for a PLS stamped plan and to show the property line and wetland line. The Order of Conditions will refer to both plans. A MOTION was made by Valliere to continue the Public Hearing on Monday, February 5, 2007, at 7:36pm, seconded by Mosczynski. VOTE UNANIMOUS.


ADJOURNMENT
At 9:20pm, a MOTION was made by Van Roo to adjourn the meeting, seconded by Dudley. VOTE UNANIMOUS.


Respectfully submitted,
Community Development Dept.


Maria D. Chesley
Administrative Secretary
Maria Lajoie
Maria Lajoie
Moderator
Moderator
 
Posts: 1326
Joined: Thu May 26, 2005 11:09 am
Location: Community Development Department

Return to 2007 Conservation Commission Meetings

Who is online

Users browsing this forum: No registered users and 0 guests