8/6/2007 - Meeting Minutes

Moderator: Maria Lajoie

8/6/2007 - Meeting Minutes

Postby Maria Lajoie » Thu Aug 30, 2007 10:47 am

The meeting was called to order at 7:15pm.

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

Michael Valliere, Conservation Commission Member. Chairwoman Marylynne Dube asked that a moment of silence be taken in honor of the passing of our friend and colleague Michael Valliere on July 21, 2007. Michael was a very dedicated person to the ideals and objectives of the Commission and his advice and counsel will be missed. As an avid outdoorsman he knew full well the importance of conserving our dwindling natural resources. He always worked sincerely to strike a fair balance between the land owner’s rights and the obligations the Commission had under the Town Bylaws as well as all State and Federal Regulations. Dube announced that donations may be made in Valliere’s honor to the Mass. Junior Conservation Camp and that your contribution may be made with Maria Chesley in the Community Development Department.

Violation Notice: 342 Maple Street
Zisk informed the Commission that a letter along with the fines was sent to them by certified mail twice and was returned unclaimed. The Commission agreed to have the Town Constable (Carol Fields or David St. George) hand deliver the letter with the violations to them.

1. Reed Development Corp, 33 Main Street. The Commission received a letter from Cliff Van Reed dated July 17, 2007, requesting permission to cut a few more trees behind the house site because the trees are very tall and potentially could fall on the house to be built. Van Reed said that the stumps would not be removed. The Commission did a site walk and had no issue with removing a few of the pine and oak trees. Mosczynski said that this is a good safety measure.
2. Violation Notice: 38 South Street. Zisk said that the owners contacted him to inform him that construction plates were placed on their property five (5) years ago by P.J. Mawn Excavation to repair their septic system. On 7/28/07, Mawn Excavating came to the property and removed the construction plates without telling the owners. During the removal, sediment went into the wetland crossing area. Dube said that any work that has to be done to restore the area must be filed with the Commission.
3. Douglas Methodist Church Society, Gleason Court. Zisk said that he received a complaint from an abutter to Gleason Court regarding water going onto their property from the parking lot behind the Church. Brown said that the Church parking lot is less than 50-feet from a wetland resource area. Dube asked Zisk to issue an Enforcement Order and to inform the Methodist Church not to do any more work until they have filed with the Commission by no later than 9/4/07. Cundiff said that the water flows toward the drainage system and is concerned that this area may be under the Aquifer Bylaw and under the jurisdiction of the Planning Board for a Special Permit.

141 Yew Street
Present was owner Brian Lacey and his representative Seth Lajoie of Seth Lajoie Associates. A revised plan was submitted showing a 5-foot no disturb zone and the sequencing of trees were changed. The trees will be removed after November 1, 2007. Zisk had no other issues but was just waiting for the specifics on this revised plan. A MOTION was made by Mosczynski to close the Public Hearing and issue an Order of Conditions, seconded by Brown. VOTE UNANIMOUS.

1. Voucher
2. Order of Conditions: Brian Lacey, 141 Yew Street
3. Order of Conditions Denial: William & Teena Porter, 317 South Street (Chesley notarized the Order of Conditions (4 originals) and gave one to Attorney Henry Lane)

After review, a MOTION was made by Dudley to approve the Meeting Minutes of Monday, June 18, 2007, as amended, seconded by Mosczynski. VOTE UNANIMOUS.

After review, a MOTION was made by Mosczynski to approve the Meeting Minutes of Monday, July 16, 2007, as amended, seconded by Dudley. VOTE UNANIMOUS.

Present on behalf of the Town of Douglas was William J. Cundiff, Town Engineer. The scope of work consists of roadway reconstruction and paving of Hemlock Street. Work includes grading, tree removal, gravel placement and compaction, paving and drainage swale construction.
Abutter Mark Franco of 59 Hemlock Street asked how wide the road would be and Cundiff said 18-feet and in some areas a little wider but will generally be staying within the 18-feet. Franco said that he has 100-feet of wetlands along the front of his property and Cundiff said that there will be berms along the edges and rip rap to protect the wetlands. Abutter Cesar Merida and Jeffrey Bernard of 76 Hemlock Street said that they were all for paving Hemlock Street. After discussion, a MOTION was made by Brown to close the Public Hearing and issue an Order of Conditions, seconded by Mosczynski. VOTE UNANIMOUS.

Ridge Trail & Northwest Main Street
Present on behalf of the Applicant was Tarsha Kelley and Cliff Schindel of Coler & Colantonio Engineers and Scientists. The scope of work consists of the replacement of an existing 300-foot anode bed and replacement of an existing rectifier. The site will be restored to its pre-existing conditions. Kelly said that an anode draws energy away from the pipeline to protect it from corrosion and a rectifier is the power source to the anode. Mosczynski said that the easement may be located on his property but is not stated on his deed. Zisk asked the representatives to fax us a copy of the deed that Mosczynski gives Mobil permission to have an easement on his property. Kelly said there is 13,000 square feet of disturbance and approximately 5-feet of anode cables. Cundiff asked if Mobil planned to drain the wetland by planning to pump water from the area – not to the area and Cliff said as far as the water removal, they may plan to either dig down or do water pump removal – it all depends how much water there is at the time of construction and who will be doing the job. Zisk asked if they planned to excavate the entire length of the trench and Cliff said depending on what may be necessary. Mosczynski asked how far the work will be from Northwest Main Street because there are native brook trout in the stream. Cliff and Kelly said that the stream won’t come into play. Cundiff asked the engineer to provide a few sectional details on the plan along with sheet pilings, erosion control details and protection at the (2) culvert pipes. Zisk asked how long the project would take and Mike said one to three weeks. Cundiff told the engineer that when they excavate the 300-feet to make sure the topsoil goes back on the top and subsoil on the bottom. Mosczynski said that Dale Road or Bailey Road should be noted on the plan. Zisk asked the engineer if the anode could be relocated and Cliff said that he would check with the engineers but this may be the preferred spot and said that the engineers would use any best management practices and are approved by the State. A MOTION was made by Brown to continue the Public Hearing on Monday, August 20, 2008 at 7:46pm, seconded by Dudley. VOTE UNANIMOUS.

13 Yew Street
Present were the Applicants Scott & Debra Valis. The scope of work consists of installing a fence for a horse paddock. The Commission did a site walk. Zisk said that some straw bales were placed along the bottom of the slope and Valis is in the process of getting additional straw bales to finish the line along with adding a new line along the far left corner of the property. Zisk’s concern is the stock piled manure. Brown agreed and said that the road on the left has water runoff and the manure could go into the wetland. Valis said that he would put a stone berm in to stabilize that area. Zisk said that stone is a good stabilizer to use and asked Valis to make sure he stabilizes at the bottom of the property also. Valis said that he would have the plan revised and said that the manure would be taken off the property on a regular basis. A MOTION was made by Brown to continue the Public Hearing on Monday, August 20, 2007, at 8:15pm, seconded by Mosczynski. VOTE UNANIMOUS.

92 Webster Street
Present on behalf of the Applicant was Fred Lapham of Shea Engineering. The scope of work includes the clearing, excavating and grading consistent with repair of a septic system within the 100-foot buffer zone. The representative did not have the Legal Notice or a copy, therefore a MOTION was made by Brown to continue the Public Hearing on Monday, August 20, 2007, at 8:30pm, seconded by Mosczynski. VOTE UNANIMOUS.

228 Main Street
Present was the Applicant Nicholas Christy. Christy is requesting permission to install a 16-foot by 32-foot in-ground swimming pool in the back yard. The Commission did a site walk and had no problem with this request. A MOTION was made by Brown to issue a Negative Determination of Applicability, seconded by Mosczynski. VOTE UNANIMOUS.

1. Charles French. Zisk told the Commission that Mr. French came in to tell Zisk that he purchased a brush hog and would like to mow the conservation property that he donated. Zisk said that he and the Commission would do a site walk with French in the fall prior to cutting.
2. Rosenfeld Concrete, South Street. Zisk asked the Commission if they needed Town Counsel advice. In a letter to the Commission, Michael Yacino, Vice Chairman, stated that “he is opposed to accepting any arrangements with Boston Sand & Gravel regarding the crossing off South Street into the old Rosenfeld property. There is an outstanding Order of Conditions that they failed to meet and Yacino believes they must comply with that order before the Commission entertains any new NOI. There is no legitimate reason not to put the crossing back to the condition which existed prior to removal of soil over two decades ago”. It was the consensus of the Commission that Zisk contact Town Counsel regarding this issue.

At 9:16pm, a MOTION was made by Brown to adjourn the meeting, seconded by Dudley. VOTE UNANIMOUS.

Respectfully submitted,
Community Development Dept.

Maria Chesley
Administrative Secretary
Maria Lajoie
Maria Lajoie
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