3/1/2010 - Meeting Minutes

Moderator: Maria Lajoie

3/1/2010 - Meeting Minutes

Postby Maria Lajoie » Tue Mar 16, 2010 10:01 am

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

ATTENDANCE
Chairwoman Marylynne Dube, Acting Chairman Michael Yacino, Leon Mosczynski, Linda Brown, Ralph Dudley, Brandi Van Roo, David Windoloski, Kelley Donley (Associate Member), Tracey Sharkey (Associate Member), Stephen Zisk (Planning/Conservation Agent), William Cundiff (Town Engineer - arriving at 8:05pm) and Maria Chesley (Administrative Secretary).

7:00 PM DISCUSSION:
1. Margaret Bacon, 80 Maple Street: Minor Plan Change. Present was Margaret Bacon and Michael Yerka of Yerka/Bacon Engineering. Yerka gave the Commission a copy of a letter from Board of Health Engineer James Malley approving the minor change to the septic system and also gave the Commission final copies of the revised plan. After discussion, a MOTION was made by Brown to consider this submittal as a minor change, seconded by Yacino. VOTE UNANIMOUS.
2. School Bus Parking Area. Zisk said that after a couple days of rain, the parking area washed out into Davis Street. Zisk and Yacino went to the site and found that the bus company, without permission, used a grader and cleared the vegetation which acerbated the situation. The Highway Department placed check dams along the driveway and Davis Street to stabilize the run-off. The busses are now being parked at the High School and the old Elementary School. This site is town property and the bus company needs to reimburse the Town for this. Cundiff and Zisk will meet with the Highway Department and this issue will be discussed again on 3/15/10 at 7:00pm.

7:15 PM PUBLIC HEARING: Douglas Conservation Commission
Proposed Land Disturbance and Post-Construction Stormwater Management Bylaw
The Commission received an e-mail from Attorney John Goldrosen of Kopelman & Paige, who is helping the Commission with this Bylaw. Yacino and the members reviewed his recommended changes.
Section 3 – Definitions: Mass Stormwater Management Policy. The following sentence was added at the end of the paragraph; “The policy has been incorporated in the Regulations to the Wetland Protection Act at 310 CMR 10.05 (6) (k) through (q)”.
Section 5 – Jurisdiction: A) 1. Added to this sentence at the end was “development or re-development”. A) 5. The members agreed to delete the last sentence “An exception is the removal of tree cover when the stumps are left in place”. B) Exempt Activities: 1. Added to the end of the sentence was “whether or not the activity occurs within a wetland resource area”. B) 6. This paragraph was deleted and revised B (1) to exempt all “normal maintenance and improvement of agriculture”.
Section 7 – Regulations: Deleted “Such hearing dates shall be advertised in accordance with the Open Meeting Law (MGL, Chapter 30A, Section 11A & ½)”.
Section 12 – Non-Criminal Disposition: The sentence was changed to read “which has been adopted by the Town of Douglas, Chapter 125, Section 125-1.” After review and discussion, a MOTION was made by Brown to accept the final version of the proposed “Land Disturbance and Post-Construction Stormwater Management Bylaw”, seconded by Van Roo. VOTE UNANIMOUS.
A MOTION was made by Brown to close the Public Hearing, seconded by Dudley. VOTE UNANIMOUS.

7:35 PM - DEP #143-0818 (NOI) PUBLIC HEARING CONTINUED - 187 Maple Street / STAITI, MICHAEL - CREATIVE DEVELOPMENT
ASSOCIATES
The Commission received a letter from Eric Bazzett of Andrews Survey dated 2/26/10 requesting a continuance of the Public Hearing on behalf of the Applicant. A MOTION was made by Yacino to continue the Public Hearing on Monday, April 5, 2010 at 7:30pm, seconded by Brown. VOTE UNANIMOUS.

MEETING MINUTES OF 2/16
After review, a MOTION was made by Brown to approve the Meeting Minutes of Tuesday, February 16, 2010, as amended, seconded by Yacino. VOTE UNANIMOUS.

MAIL:
1. The Commission received copies of two letters from DCR (Department of Conservation and Recreation) dated 2/26/10 stating that they will be acquiring two parcels of land that abuts the Douglas State Forest and that will be used as open space.
2. The Commission received a notice “Conflict of Interest Law & Open Meeting Law Training Announcement scheduled for Tuesday, March 9, 2010 at 2:00pm and 7:00pm. Any one who has not taken the on-line training should attend. The members asked Chesley to e-mail them the web site address in order to take the test and to also ask the Town Clerk when it is due and how long is it good for.

7:45 PM - (NOI under Wetland Local Bylaw) PUBLIC HEARING - 88 West Street / WHIPPLE, EDWARD - ED’S CONSTRUCTION, INC.
The Commission received a letter from Scott Rabideau of Natural Resource Services dated 2/24/10 requesting a continuance on behalf of the Applicant. A MOTION was made by Yacino to continue the Public Hearing on Monday, April 5, 2010 at 7:45pm, seconded by Brown. VOTE UNANIMOUS.

DISCUSSION CONTINUED:
1. Wetland Protection Fund. Yacino informed the Commission that someone on the Finance Committee feels that more money should be taken from this account. Over the past two years, the Commission has given a total of $10,000 and agreed to give the Town an additional $15,000 over the next three years ($5,000 per year). It is Yacino’s opinion that $5,000 per year is enough and that the Commission has also cut their expense budget by 10%. It was the consensus of the Commission that they have done their fair share to help the Town.
2. Wind Farms. Yacino said that it is important to vote to protect Chapter 97 Land (Open Space) because if this Bill passes, the Commission would have no authority.
3. Conservation Appointments. Marylynne Dube and David Windoloski are up for re-appointment this year. It was agreed that a letter to the Selectmen supporting their re-appointment would be sent at the appropriate time.

8:00 PM – DEP #143-0819 (NOI) PUBLIC HEARING – 78 Cottage Colony Drive / STANHOPE, CAROL – Estate of Dorothy Abram
Present were Carol Stanhope (Applicant), Dion Fitzpatrick (her interpreter) and Roger Woods of Roger Woods & Company (Engineer). The scope of work consists of the existing house being razed and construction of a new house, well, septic system and driveway. Zisk asked that he pull back the deck and house to be outside the 50-foot buffer zone. Woods said that he put tape around the trees that the Applicant wants to be taken down. The Commission watched Zisk’s video of the property and said that the Applicant would not be allowed to take down all of those trees, especially the ones near the water. Van Roo said the trees closest to the water provide cover for aquatic life. Woods said that the Applicant needs to get Board of Health approval for the septic system and the Zoning Board of Appeals for a Special Permit. Zisk asked Woods to color code the plan and show the 25-foot area on the plan also. A site walk will be scheduled at a later date. A MOTION was made by Yacino to continue the Public Hearing on Monday, April 5, 2010 at 8:00pm, seconded by Van Roo. VOTE UNANIMOUS.

ADJOURNMENT
At 8:25pm, a MOTION was made by Yacino to adjourn the meeting, seconded by Brown. VOTE UNANIMOUS.

Respectfully submitted,


Maria D. Chesley
Administrative Secretary
Community Development Dept.
Maria Lajoie
Maria Lajoie
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