7/6/2010 - Meeting Minutes

Moderator: Maria Lajoie

7/6/2010 - Meeting Minutes

Postby Maria Lajoie » Wed Aug 18, 2010 2:10 pm

The meeting was called to order at 7:06pm.

Vice Chairman Michael Yacino, Leon Mosczynski, Linda Brown, Ralph Dudley, Brandi Van Roo, Tracy Sharkey (Associate Member), Stephen Zisk (Planning/Conservation Agent) and William Cundiff (Town Engineer). Absent were Chairwoman Marylynne Dube, David Windoloski and Kelley Donley (Associate Member).

1. Reorganization of Members and Reappointment of Associate Members. This will be on the next agenda in order for all members to be present.
2. Mass DEP: Superseding Order of Conditions-Coopertown Realty Trust, 34 Davis Street. Cundiff said that he disagrees with DEP who stated that “minor” issues were resolved when the Applicant had not addressed stormwater issues. Yacino asked what the next step would be and Cundiff said either agreeing with DEP or filing an Appeal. An abutter, Jeremy Flansburg asked if the Town has any leverage and Cundiff said that this is a State Level Permit and does not apply and Zisk said that the Applicant filed for the State and if they are approved they still have to file through the Local Bylaw. Much discussion as to whether or not to agree with DEP’s decision or to appeal the decision. Yacino said that the stream and wildlife need to be protected. Jeremy Flansburg of 63 Monroe Street asked the Commission to spend $100 and file an Appeal. Cundiff said that there would be other costs such as town counsel and staff time. Brown said that she wants to pursue Appealing. Van Roo said that she doesn’t think filing an Appeal would be successful and suggested that the Applicant file through the Local Bylaw and see if they address the issues and then if not, then file an Appeal. Flansburg asked who the “new entity” was and Cundiff said that he didn’t know because the DEP issued this Order to the same Applicant. Flansburg urged the Commission to go forward and Appeal due to the major changes, who is the new entity and the letter did not address cold water fisheries. Cundiff informed the Commission that if they want to Appeal, he and Zisk will have to file the Appeal within the next two days. After much discussion, a Motion was made by Brown to pursue the Appeal of DEP’s Superseding Order, seconded by Dudley. Vote was unanimous. Cundiff and Zisk were instructed to contact Kopelman & Paige (town counsel) to start the appeal process.

7:33 PM - (NOI under Wetland Local Bylaw) PUBLIC HEARING CONTINUED- 88 West Street / WHIPPLE, EDWARD - ED’S CONSTRUCTION, INC.
Present was Scott Rabideau (Wetland Scientist), Edward Whipple and abutters. A revised plan was submitted showing that 7-feet was taken off of the limit of disturbance and also added a split rail fence in the rear of the property along the wetland area. Van Roo wants to see the driveway be changed from bituminous to gravel and Rabideau said that he would change it on the plan. Mosczynski feels that this lot is too small for this project. Cundiff asked about the stormwater management on the property and Rabideau stated that he is a Wetland Scientist and this Hearing has had 16 meetings with the Commission but it is his understanding that the storm plan is to use a floater fuser, rip rap and have a pervious driveway. Abutter David Molvar of 90 West Street said that the engineer for the project should have been here to address any questions. After discussion, a Motion was made by Dudley to close the Public Hearing and issue an Order of Conditions with the condition that pervious material be used on the driveway, seconded by Van Roo. Vote: Yes-4, No-1. Vote Passed.

These minutes are on hold for the next meeting.

After review, a Motion was made by Van Roo to approve the Meeting Minutes of Monday, June 7, 2010, as written, seconded by Mosczynski. Vote was unanimous.

7:45 PM – (NOI) DEP #143-0823 PUBLIC HEARING – 133 Shore Road / BAIN, KATHERINE
Present was the Applicant Katherine Bain and her representative William Drexel. The scope of work consists of a septic repair for a three bedroom home and has already been approved by the Board of Health. Drexel said that straw bales and silt fence will be placed for erosion control and discussed vegetation plantings to be used would be witch hazel. Van Roo asked how they were going to keep the bank stabilized and Mosczynski suggested spacing the witch hazel closer than 8-feet apart and Van Roo asked about planting other species in between the witch hazel to hold the bank and Mosczynski suggested that yews be spaced four feet apart from the witch hazel. After discussion, a Motion was made by Van Roo to close the Public Hearing and issue an Order of Conditions with the condition that “yews are to be planted and spaced four (4) feet apart from the witch hazel to stabilize the bank”, seconded by Brown. Vote was unanimous.

8:00 PM - (RDA) PUBLIC MEETING – 128 South Street / PELLERIN, KEVIN
Present was Applicant Kevin Pellerin requesting permission to construct a 10-foot by 12-foot storage shed. A site walk was done by the Commission. Van Roo suggested straw bales be placed on the down slope side prior to the commencement of work. A Motion was made by Brown to issue a Negative Determination of Applicability with the above condition, seconded by Van Roo. Vote was unanimous.

1. Violation Notice: Lisa Corron, 3 Vine Street. Lisa Corron present to discuss tree cutting on her property. Corron said that the stumps and cut trees will be taken off the property. Any unearthed stumps will be ground in place. Van Roo told Corron to place straw bales in the rear of the property in the middle of the property line. The Commission informed her not to do any more work until a Request for Determination is filed and a Public Meeting is held. Corron agreed and left the meeting.

1. Extension Permit for Order of Conditions: Debra Muratore, 283 Southwest Main Street
2. Certificate of Compliance: Jeffrey Miller, 26 Northwest Main Street. The Commission discussed asking Miller to move the stone wall forward 20 to 25 feet long. Zisk will contact Eric Bazzett of Andrews Survey and a letter will be sent to Miller requesting this.

1. Violation Notice: Lisa Corron, 3 Vine Street. Yacino said that the Commission needs to discourage these violations from happening in town and that they should start issuing fines and suggested $300. Van Roo is in favor of this but feels that $300 is too high a fine and suggested $100, make the violator file and if this violation is severe, issue an additional fine. Cundiff said that the latitude is from $0 to $300 by case of severity. Van Roo suggested changing the mentality of the homeowners to think in advance but start with a $100 fine. A Motion was made by Van Roo to issue a minimum fine of $100 to Lisa Corron, seconded by Brown. Vote was unanimous.

At 8:50pm, a Motion was made by Van Roo to adjourn the meeting, seconded by Brown. Vote was unanimous.

Respectfully submitted,

Maria D. Lajoie
Administrative Secretary
Community Development Dept.
Maria Lajoie
Maria Lajoie
Posts: 1372
Joined: Thu May 26, 2005 11:09 am
Location: Community Development Department

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