2/20/07 - Meeting Minutes

Moderator: Maria Lajoie

2/20/07 - Meeting Minutes

Postby Maria Lajoie » Tue Mar 06, 2007 9:54 am

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

Chairwoman Marylynne Dube, Leon Mosczynski, Michael Yacino, 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.

1. DISCUSSION: Scott & Deborah Valis, 13 Yew Street – Enforcement Order. Owners present. Zisk said that he and the Commission did a site walk on 2/10/07. Valis placed straw bales along the embankment as requested by the Commission. They were told to cease and desist all work, stabilize the area and attend tonight’s meeting. Yacino said that water was coming down the slope and freezing because he saw ice coming through the straw bales due to the wetland being destroyed and the grading wrecked the vegetation. The slope is approximately 80-feet and there will be runoff when the snow thaws. Brown feels that the Valis’ should file a Notice of Intent. Dube asked the Valis’ to place an additional row of straw bales 100-feet along the slope. Yacino agreed with Dube to leave the area alone along the straw bale line and the brook and told the Valis’ not to put any manure near the wetland. A MOTION was made by Yacino to have Scott & Debra Valis file a Notice of Intent within 10 days (3/2/07), seconded by Brown. VOTE UNANIMOUS. Yacino said that the Valis’ have two (2) violations at $200 each. A MOTION was made by Yacino to fine the Valis’ $400 for the two violations on their property to be paid by no later than 3/2/07, seconded by Brown. VOTE UNANIMOUS.
2. Illegal Dumping on Mumford Street Conservation Land. Mosczynski informed the Commission that he saw what appeared to be a bookcase dumped on the Mumford Street Conservation Land. The Commission asked Zisk to call the Highway Department and ask them to remove it.
3. Board of Health/Local Bylaw. Yacino is concerned with future contamination of the Mumford River and other water bodies in town and wants to send the Board of Health a letter regarding their local bylaw allowing septic systems to be constructed within 50-feet and wants them to go back to 100-feet. Cundiff and Zisk to help with providing information.
Yacino said that he would draft this letter for the Commission to approve.

Cundiff said that BETA Engineering is going to be taking samples of the
Mumford River and that DEP has a grant for mitigation projects, which is
State funded.

Linda Brown recused herself from this Hearing. Present on behalf of the Applicant was Lisa Barbosa of Marc Nyberg Associates. Barbosa submitted a revised plan tonight but said that she needs to verify some items on the plan with the Board of Health and Zisk needs to review the plan also. Barbosa said that she made changes to the septic system and reduced the size of the house, which is now out of the wetland. Cundiff said that septic systems are not allowed within 50-feet of the buffer zone. Zisk said that the Commission has a 50-foot no build policy. Yacino asked Barbosa to add more topography lines on the plan. Abutter David Molvar of 90 West Street asked about the proposed retaining wall and Dube said that the plan has been changed. Zisk said that the Commission requires that the Applicant exhaust all alternatives to do less harm to the property. A MOTION was made by Yacino to continue the Public Hearing on Monday, April 2, 2007, at 7:40pm, seconded by Mosczynski. VOTE UNANIMOUS.

The Commission received an e-mail from Michael Yerka of Yerka Engineering requesting a continuance to Monday, March 19, 2007 @ 8:45pm. A MOTION was made by Valliere to continue the Public Hearing on Monday, March 19, 2007 @ 8:45pm, seconded by Yacino. VOTE UNANIMOUS.

North Village proposed Local Initiative Plan (LIP) Project, off North Street. Cundiff said that this project consists of 105 townhouses and 28 single-family homes. The Owner/Developer is currently working with the Board of Selectmen and is looking for waivers, one being the Local Wetland Bylaw. Yacino is against this and said that if the Commission’s Local Bylaw were to be waived, then the town would be going in the wrong direction. Cundiff said that the Local Bylaw is redundant to the State Regulation. Yacino and the Commission agreed that this property contains wetlands and a number of rare or endangered species and that they are the most qualified to properly accommodate a review of the impact and mitigating measures for the proposed crossing/project. Cundiff told the Commission that he would be attending a meeting on Thursday, February 22, 2007. Yacino said that the Owner/Developer should make the project smaller and look into other alternatives. A MOTION was made by Yacino to encourage the Board of Selectmen to not agree to any local regulatory/bylaw waivers that take away the control/oversight of the Commission on this project and not to remove the Commission’s ability to review this project, seconded by Brown. VOTE UNANIMOUS.

13 Charles Street
Present on behalf of the Applicant was Michael Yerka of Yerka Engineering. A final revised plan was submitted. A MOTION was made by Valliere to close the Public Hearing and issue an Order of Conditions, seconded by Mosczynski. VOTE UNANIMOUS.

1. Vouchers
2. Order of Conditions: Webster Development, 13 Charles Street
3. Certificate of Compliance: Kevin & Tracie Pellerin, 128 South Street

1. Robert Speroni, Davis Street. Zisk informed the Commission that Mr. Speroni cleared the land on Davis Street and straw bales are in place.
2. NPDES Stormwater Protection Bylaw. Chesley to place the notice on cable and in the Telegram & Gazette. The informational meeting will be held on Monday, April 2, 2007, at 6:45pm.

83 Island Road
Present were the owners. The scope of work includes replacing the existing deck with a 35-foot by 10-foot wrap around deck. The deck will be on sonar tubes approximately 36 -inches in the ground. After discussion, a MOTION was made by Yacino to issue a Negative Determination of Applicability with the condition that no heavy equipment be used in the construction on the property, seconded by Valliere. VOTE UNANIMOUS.

After review, a MOTION was made by Brown to approve the Meeting Minutes of Monday, February 5, 2007, as amended, seconded by Mosczynski. VOTE UNANIMOUS.

Request for an Amendment to Order of Conditions
DEP #143-0482
100 & 102 Perry Street
Present on behalf of the Applicant was Jeffrey Dean of Guerriere & Halnon. The proposed amendment for 100 Perry Street (Lot #5) consists of extending the driveway to the garage, loam and seed in front of the house and around the driveway and all the other work is outside the 100-foot buffer zone. The proposed amendment for 102 Perry Street (Lot #6) consists of extending the driveway to the garage, install power and water lines to the existing well, loam and seed around the driveway and to the well and all other work is outside the 100-foot buffer zone. Dean submitted revised Wetland Replication Area Plan of Land and the Site Development & Facilities Plans dated 2/12/07 (per Zisk’s comments). Also submitted was a copy of the Sewage Disposal Layout Plans dated 4/18/01. Dean said Red Maples (minimal ¾-inches) and 2- gallon High Bush Blueberry, Winterberry Holly and Arrow Wood shrubs will be planted. Zisk asked that a note be added to the plan stating “Complete replication prior to construction” and also to do an inspection of the plantings by the 2nd growing season. Abutter Tammy Cochrane asked Dean if he could ask the owner of the property to block the driveway due to teenagers drinking on this property and also informed the Commission and Dean that builders have been leaving their building waste on the adjacent land and asked if it could be cleaned up. Dean said that he would take care of these issues. A MOTION was made by Yacino to close the Public Hearing and issue an Amended Order of Conditions with the above conditions, seconded by Brown. VOTE UNANIMOUS.

103 Franklin Street
Present on behalf of the Applicant was Seth Lajoie of Seth L. Lajoie and Associates, Inc. Gadoury is requesting an amendment to the Notice of Intent to include a previously installed septic system approved by the Douglas Board of Health in 2001. The sewage disposal system lies within the 100-foot buffer zone 79-feet from wetland flag #7 shown on the Sewage Disposal System As-Built and Conservation Plan dated 1/07 and revised 2/6/07. The Commission discussed adding a special condition that 2-foot High Bush Blueberry Bushes, 2-foot Winterberry Holly Bushes and 3 to 4-foot White Pine Trees be planted. The Commission asked that the above condition be added to the plan. A MOTION was made by Yacino to close the Public Hearing and issue an Order of Conditions contingent upon receiving a revised “final” plan, seconded by Brown. VOTE UNANIMOUS.

1. FYI. Received a copy of a letter from Margaret Bacon of Yerka Engineering to the Docket Clerk, Office of General Counsel, DEP dated 2/12/07 requesting an Adjudicatory Hearing for a Superseding Order of Resource Area Delineation (SORAD) for their client Mr. Paul Brule for property located adjacent to Birch Hill Road and Kerney Road.
2. FYI. Rosenfeld Concrete Corp, South Street Gravel Pit. Zisk received a letter from Nancy Prominski, Rosenfeld Concrete Corp, dated 2/9/07, accompanied by letters and a plan for the above property regarding the 1981 Superseding Order of Conditions.

At 9:00pm, 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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