12/8/2008 - Meeting Minutes

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12/8/2008 - Meeting Minutes

Postby Maria Lajoie » Mon Feb 23, 2009 2:43 pm

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

Present was Chairwoman Marylynne Dube, Michael Yacino, Leon Mosczynski, Linda Brown, Ralph Dudley, Brandi Van Roo, David Windoloski, Stephen Zisk (Planning/Conservation Agent) and William Cundiff (Town Engineer).
Absent was Angela Saunders (Associate Member).

1. The Commission received a letter dated 12/1/08 from John Bombara, 288 Northwest Main Street regarding an Enforcement Order sent to him for moving rocks from the Whitin Reservoir and he is requesting that this Order be removed from his record. Present was abutter Pauline Gavlak. Zisk said that a site walk was done by himself, Michael Yacino and Marylynne Dube. The site walk was in regard to a complaint made by Gavlak who said that she saw a chain around a rock tied to a truck near Bombara’s home being moved by the operator of the truck. In his letter, Bombara said that he contacted Joseph Belino at DEP who told Bombara that he was not in violation for moving rocks and that he could use cables, chains, ropes or pry bars to move the rocks. Gavlak said that for the record she wants to make it clear that she did not say that Bombara was using a backhoe. Dube suggested that Zisk should contact Belino because he has not contacted the Commission about this issue. Gavlak asked if the rocks were located on Bombara’s property or is it owned by someone else. The Commission said that Guilford of Maine/Interface Fabrics may own the property in question. Yacino said that Bombara misunderstood the Enforcement Order, which does not require Bombara to do anything and it is merely a paper trail. Yacino also said that Belino did not acknowledge nor contact the Commission. Yacino asked that Zisk requests any statements by Belino to be in writing. Belino declined to do so. Yacino said that the Commission wants the people that live on the Reservoir to come to the Commission when they want to do any work and said that there is nothing left to discuss because Bombara did not appear for this meeting. Zisk said that he spoke to another neighbor, who was also issued an Enforcement Order, and said that he understands and will contact the Commission if he wants to do any other work.
2. Robert Ebbeling, 2 Mumford Street. Robert Ebbeling was present. He was issued an Enforcement Order because he has an expired Order of Conditions but he must complete a retaining wall. Yacino said that the Commission wants him to use the original plan and asked that he build the fieldstone wall before he paves the driveway. Yacino said that putting up rip rap won’t work and suggested that the Commission amend the Enforcement Order to extend it to May 1, 2009 in order for Ebbeling to do the work but to contact Zisk to let him know what his plans are for building the wall. The Commission agreed to not sign the Certificate of Compliance until the wall and paving is completed. A MOTION was made by Yacino to amend the Enforcement Order and extend it to May 1, 2009, seconded by Brown. VOTE UNANIMOUS.
3. Habitat Management on conservation land. Van Roo said that she was gathering more information. The Commission will discuss this at their 1/20/09 meeting.
4. 2009 Conservation Commission Meeting Schedule. After review, a MOTION was made by Brown to approve the 2009 Meeting Schedule and to cancel the meetings of 7/6/09, 11/16/09 & 12/21/09, seconded by Yacino. VOTE UNANIMOUS.
5. Wetland Brochure (Draft). Zisk drafted this brochure and asked that the Commission get their comments to him. The Commission was impressed with this and said it will be helpful to the residents.
6. Karen Sherlock, 318 Northwest Main Street: Revised Tight Tank Plan. This revision was received by the Commission and approved by the Board of Health. Zisk said that the tight tank was moved back further away from the buffer zone. Zisk will put this in our file with an attached letter explaining the change. A MOTION was made by Yacino to approve this revised plan as a minor change, seconded by Van Roo. VOTE UNANIMOUS.
7. Letter from Michael Nelson, 143 Shore Road. Mr. Nelson was present and asked the Commission if he could discuss the issues regarding drainage problems and flooding after the Public Hearing is opened for “Lakewood Estates” (NOI) in January. Nelson also requested that a site walk be done after the 1/5/09 meeting and the Commission said they would, weather permitting.
8. Cash Bond: Madden Way, Lot #11. Zisk said that the owner was given an Enforcement Order for wetland violations. The owner filed a new Notice of Intent which the Commission denied. The owner then appealed to DEP and DEP issued a Superseding Order of Conditions. Bruce Taylor dba A T & T Homes submitted a bond in the amount of $500 at that time. Zisk asked the Commission if they should now return the $500 bond. The Commission wants to find out if DEP ever issued a Certificate of Compliance before returning the $500.
After discussion, a MOTION was made by Yacino to have Bruce Taylor send the Commission a letter requesting his bond money back, including interest, seconded by Van Roo. VOTE UNANIMOUS. Chesley will talk to the Town Accountant.
9. Request for a Certificate of Compliance: Dean & Laura Katragjini, 8 Linden Street. The Commission will do a site walk on Thursday, December 18, 2008, at 2:30pm.
10. Request for a Certificate of Compliance: Orbison Corp, Olde Carriage Lane, Lot #35. The Commission will do a site walk on Thursday, December 18, 2008, at 3:00pm.

88 West Street
Present on behalf of the Applicant was Erin Gallogly of Nyberg, Inc and Scott Rabideau, Wildlife Biologist. Gallogly said that she met with Cundiff and the volume calculations are done for cross section areas. Zisk said that this new information was submitted late today and Cundiff has not had a chance to review it. Yacino said that the building is well within the 50-foot buffer zone. Zisk said that the flood plain information is not stamped. Zisk asked Rabideau to submit what the adverse impact on the property is. Rabideau said that this project has been ongoing for a few years and would like to see it closed soon or go to court to resolve it. Van Roo asked about the runoff problem and what are the mitigating factors and infiltration of it. Rabideau said that he would revise the plan. Yacino told Rabideau that he has three concerns: 1) Rabideau saying that he would go to DEP or court when it is the Commission that has been waiting for information all this time from the engineers; 2) wetland protection; and 3) Cundiff will review the information. Rabideau stated that in his professional opinion there would be no adverse effect on wildlife because it had become acclimated to the existing environment. Yacino stated that if wildlife is removed because of this project, it defeats the entire purpose of wetland protection.
Abutter Jonathan Given asked what would be planted and Rabideau said that white pines do well but for white cedar it may be too wet.
Abutter David Molvar said that he is concerned with the property being wet.
Yacino said that the Commission needs as much information from the engineers in writing as soon as possible. Zisk said that the engineers can go within the 50-foot buffer zone if it is demonstrated that it would not impact the resource areas. Rabideau asked the Commission for a two month continuance in order to review the work with Cundiff and Zisk. A MOTION was made by Yacino to continue the Public Hearing on Monday, February 2, 2009 at 7:30pm, seconded by Brown. VOTE UNANIMOUS.

34 Davis Street
Present was Applicant Gary Vecchione. The Commission had asked for drainage calculations and a check in the amount of $2,000 to go to BSC Group to do the delineation. The Commission had told Vecchione that they will take his application fees to pay the remainder of his portion and the Commission will pay the rest. Vecchione told the Commission to give BSC Group a $2,000 cap or make a decision tonight. Yacino asked the Commission what they wanted to do: 1) give BSC Group a cap or 2) deny the application because Vecchione did not keep his previous agreement by submitting the money. Van Roo said that the 60-inch pipe did not meet Army Corp openness ratio and she said that a 3-sided culvert is preferable and Vecchione said no.
Abutter Jeremy Flansburg asked the Commission if anything has changed as far as the amount of $2,000 and the Commission said no. Vecchione said that he would not spend $2,000 and then get a denial. Yacino said that this money is to pay BSC Group for their review. Vecchione said that he is willing to pay the $2,000 if it gets him somewhere. Dube told Vecchione that the Commission doesn’t know what BSC Group’s findings will be.
A MOTION was made by Brown to close the Public Hearing, seconded by Dudley.
A MOTION was then made by Yacino to amend the above motion to deny the Application of Coopertown Realty Trust, due to a lack of information, seconded by Mosczynski. VOTE UNANIMOUS.
A VOTE was then taken by Brown on the main MOTION to close the Public Hearing, seconded by Mosczynski. VOTE UNANIMOUS.

18 Hough Road
Present was Applicant Paul Hathaway and abutter Stuart Snow. Hathaway submitted a Deed of the property. The scope of work consists of replacing and securing rocks on the wall that have been loosened due to normal wear and also to replace deck boards only on dock #1 and re-straighten dock #2. The stone wall and docks will remain the same shape and size. The Commission asked Hathaway to also get the other owners permission to do the work.
Abutter Stuart Snow asked who owns the docks and the wall. Van Roo asked him if he had an issue with Hathaway improving the wall and the docks and Snow said that he just wanted to know who owned them. The Commission said that is a civil matter and not under the Commission’s jurisdiction. A MOTION was made by Yacino to issue a Negative Determination of Applicability, with conditions (contact Zisk prior to the commencement of work, do work during draw down period, no equipment allowed), seconded by Mosczynski. VOTE UNANIMOUS.

29 Shore Road
Present was the Applicant and her representative Stephen O’Connell of Andrews Survey & Engineering. The Commission could not open the Public Hearing because the Legal Notice was not placed in the newspaper. The Commission rescheduled them for Monday, January 5, 2009 at 8:00pm.

9:00 PM DISCUSSION: Chestnut Street Land Swap
Present was Allison Lane of Fletcher, Tilton & Whipple, P.C. in on behalf of John Gosselin (Evergreen Estates Subdivision). Gosselin is conveying approximately 28 ½ acres of conservation land to the town. A MOTION was made by Brown to accept this open space land as written in the Deed, seconded by Yacino. VOTE UNANIMOUS. The Commission signed the Deed. Lane to bring the document to the Board of Selectmen for endorsement at their next meeting.


1. Extension Permit for Order of Conditions: Framingham Co-operative Bank, “Whitin Reservoir Estates”, 301 Northwest Main Street – (ON HOLD)
2. Certificate of Compliance: Beverly Hansen, 29 Shore Road – (SIGNED)
3. Certificate of Compliance: Brian Donovan, 26 Cross Street – (SIGNED)
4. Certificate of Compliance: Alternatives Unlimited, Inc., 6 North Street (ON HOLD)
5. Certificate of Compliance: Robert Ebbeling, 2 Mumford Street – (ON HOLD)
6. Certificate of Compliance: Cynthia Morin, 350 Southwest Main Street – (ON HOLD) They need tree plantings.

DISCUSSION: Guilford of Maine/Interface Fabrics
Zisk said that he spoke with someone from the Sutton Conservation Commission who told him that Guilford of Maine was withdrawing water and they had to file with them. The Commission asked Chesley to write a letter to Interface Fabrics and ask them in to a meeting in January.

At 9:15pm, 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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