5/14/2007 - Meeting Minutes

Moderator: Maria Lajoie

5/14/2007 - Meeting Minutes

Postby Maria Lajoie » Mon Jun 11, 2007 8:30 am

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

Chairwoman Marylynne Dube, Michael Yacino, Leon Mosczynski, Michael Valliere, Brandi Van Roo, William Cundiff (Town Engineer) and Maria Chesley (Administrative Secretary). Absent were Ralph Dudley and Linda Brown.

1. Enforcement Order: Brian & Donna Lacey, 141 Yew Street. Zisk issued the Lacey’s an Enforcement Order for clearing trees on their lot within a wet area and the buffer zone of a wet area across the street. Zisk said that the wet area flows through a culvert under Elm Street and water from the wet area runs through the property where the large trees had been cut and the tree clearing may have taken place within a buffer zone of a resource area and/or within a resource area. A MOTION was made by Yacino to ratify this Enforcement Order, seconded by Van Roo. VOTE UNANIMOUS. Mr. Lacey told the Commission that he cut the trees to gain solar advantage and wants to plant other smaller trees and shrubs in their place. He said that the trees that he cut are still on the ground and that he did not do any stumping because he does not want to disturb the area. Van Roo asked Lacey if he was going to remove the trees and he said yes and that he would be carrying the cut trees off the property due to that area being too hilly and rocky. Lacey said that he would not cut any more trees down. Cundiff said that sometimes the wetlands don’t show up on the GIS map (aerial survey). Lacey said that the area across the street will stay wet for another five weeks or so, like it does every year. Yacino is concerned about the wetland soils and wants Lacey to file an RDA or an NOI. Dube and Cundiff explained what the difference was between the two filings. Cundiff said that the RDA tells the Applicant if you have to file an NOI or not and an NOI consists of a wetland delineation being done and notifying the abutters. Yacino told Lacey to file as soon as possible or fines of $200 per day may be issued. Lacey said that he would file by Friday of this week (5/18/07).
2. Gagnon, Gilboa Street (FYI): Mr. Gagnon called Zisk and he informed Zisk that he would be taking the tarp off the loam to allow the grass to grow to stabilize the area.
3. Voucher. The Commission signed a voucher.
4. Order of Conditions: Jean Chamberlain, 169 Davis Street. The Commission signed the Order of Conditions.
5. Negative Determination of Applicability: North Brown, LLC, North Street. The Commission signed the Negative Determination of Applicability.
6. Beaver Problems. Yacino informed the Commission and the audience that if anyone is having problems with beavers to please contact the Board of Health.

Present were Mr. & Mrs. Pendergast. The proposed work consists of enclosing a deck, which is 48-feet from the water, and adding a small walkway along the front of the deck. The walkway will be 12-feet 1 ½ -inches long and 3-feet 1 ½-inches wide toward the water. The ZBA approved the Variance on Thursday. Pendergast said that four (4) sonar tubes will be used for the deck using a post hole digger and the dirt will be taken off the site using a wheel barrow. Cundiff said that the property is outside the flood plain. A MOTION was made by Yacino to close the Public Meeting and issue a Negative Determination of Applicability, seconded by Mosczynski. VOTE UNANIMOUS.

1. Conservation Commission Appointments. A MOTION was made by Yacino to reappoint Marylynne Dube as Chairwoman of the Conservation Commission and to reappoint Michael Valliere as a member of the Conservation Commission for three-year terms (2010), seconded by Mosczynski. VOTE UNANIMOUS. Chesley was asked to write the Board of Selectmen a Memo regarding this.
2. Mowing Policy. The Commission asked Mosczynski what his opinion was regarding mowing conservation land. After reviewing Van Roo’s draft “Mowing Guidelines”, Mosczynski feels that a brush hog or rotary mower should be used and the blade should be no lower than 5-inches but Mosczynski prefers 7-inches and to mow in mid September. Chesley was asked to have Zisk contact the person who mows for the Commission and let them know about this change and to also add the Mowing Guidelines to our Conservation Commission Policy.
3. Subcommittee. The Commission will form a subcommittee to recognize town individuals to dedicate conservation land to. Yacino said that members should think about the honor going to someone who has longevity and has earned it, just as Mosczynski has. The Commission will schedule a time to meet prior to a Conservation Meeting at some point.

71 Yew Street
Present on behalf of the Applicant was his representative Seth Lajoie of Seth L. Lajoie & Associates. A revised plan was submitted dated 5/14/07 showing the addition (garage) change to 30-feet by 33-feet and was relocated outside the 50-foot buffer zone. The shed will be moved in the gravel area. A MOTION was made by Yacino to close the Public Hearing and issue an Order of Conditions, seconded by Van Roo. VOTE UNANIMOUS.

The Applicants were present along with their representative Michael Yerka of Yerka Engineering. Yerka submitted a revised plan that shows the building being moved into the crushed stone area and a swale along the driveway for runoff. Yerka said that no brush will be cut and that 289 square feet of lawn area will be disturbed within the 50-foot buffer zone. Cundiff said that the Rivers Protection Act 10.58 #3 area is important. Cundiff told Yerka that the alternatives need to show costs, logistics, existing technology and proposed use. Cundiff also said that you can’t put a structure on a leach field. Yerka said this garage would be on a cement slab. Yacino said that this would be higher than the brook. Cundiff asked if the lawn area is to the top of the slope and Yerka said yes but it is the only area being disturbed. Cundiff asked if there was stone and paving there now and Yerka said yes for groundwater recharge. Cundiff told Yerka that a riverfront plan needs an engineer’s stamp. Van Roo said that she wants Yerka to address all four (4) points in an alternatives analysis. A MOTION was made by Yacino to continue the Public Hearing on Monday, June 4, 2007, at 7:30pm, seconded by Valliere. VOTE UNANIMOUS.

The Commission received a faxed letter from Denis Letourneau dated 5/14/07 requesting the withdrawal of his Notice of Intent application. A MOTION was made by Yacino to close the Public Hearing, seconded by Van Roo. VOTE UNANIMOUS.

At 8:23pm, a MOTION was made by Yacino to adjourn the meeting, seconded by Van Roo. VOTE UNANIMOUS.

Respectfully submitted,
Community Development Dept.

Maria D. Chesley
Administrative Secretary
Maria Lajoie
Maria Lajoie
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