9/7/2010 - Meeting Minutes

Moderator: Maria Lajoie

9/7/2010 - Meeting Minutes

Postby Maria Lajoie » Fri Oct 15, 2010 8:24 am

The meeting was called to order at 7:05pm.

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

7:00 PM DISCUSSION: Whitin Reservoir District: Violation Fee. Present were Don and Joyce Virostek. Attorney Virostek said that a meeting was held at his house two weeks ago with Water/Sewer and residents from Manchaug Pond. All agreed that they need to keep an open dialog regarding the operation of the dam and to discuss the historical aspects of flow from the dam. Brown reminded Virostek that tonight’s meeting is to discuss the violation fee. Virostek feels that they did nothing wrong and other members want to be present to discuss this at another time. Brown asked if they were going to file a Notice of Intent and Virostek said yes but the District wants to meet with the Commission first. Virostek said that the Reservoir District would acquire the Manchaug Dam if the Town of Douglas would operate it. Cundiff asked about the mitigation of the flow rate and is there any change. Virostek said that Paul Clouette (operates the Whitin Dam) authorized the District to open the dam 1-inch and also said that the Water/Sewer Commission will discuss this with Clouette and also discuss the Manchaug Dam. Virostek said that the 16 CFS Requirement is for the Water/Sewer Department and not for Whitin Reservoir and Manchaug Pond. Guilford was required to run at 16 CFS and continued to over the years. Dudley said that currently the water is up there where it should be (16 CFS). Mosczynski asked about Stephens Pond and Virostek said it was 6 to 7-inches below spill over. Zisk said that Virostek signed for the Violation Notice but he wanted to talk to the Commission. Zisk has not given the ticket to the Town Clerk yet and asked the Commission if they want to wait until the next meeting or does the clock start tomorrow. Virostek said that he would pay the fine rather than it going to the court. After discussion, a Motion was made by Brown to hold off on the issuance of the fine until the Commission meets with the District at the next meeting, seconded by Dudley. Vote was unanimous. A Motion was then made by Brown to have the Whitin Reservoir District in on Monday, October 4, 2010 at 7:30pm, seconded by Windoloski. Vote was unanimous. Van Roo asked Virostek if he can assure us that the District will not deprive the habitat of water and Virostek said yes. Yacino said he wanted to make it clear that the violation issued was due to not supplying water to the brook.

Present was Bruce Allen of the Douglas Camp Meeting Association. The proposed work consists of constructing five (5) 5-foot by 10-foot decks to existing cabins. Allen said that the cabins will be lifted, repaired and leveled on construction blocks and then add the decks. Allen is also requesting permission to raze, by hand, six (6) cabins on “Smith Lane” and remove to dumpster on upper lot with a small farm tractor and trailer. Straw bales will be placed between each cabin and small creek and will be broken up and spread over newly exposed ground. Van Roo asked that the workers be very cautious when painting the cabins located near any wetland areas especially not washing brushes in the water. After discussion, a Motion was made by Brown to issue a Negative Determination of Applicability with Van Roo’s condition as stated above, seconded by Van Roo. Vote was unanimous.

Present on behalf of the Applicant was William Cundiff, Town Engineer. Also present was Highway Superintendent John Furno. The work includes scouring bridge work. This Hearing was continued because we were waiting to hear from the Natural Heritage and Endangered Species Program but we still have not heard from them. Cundiff asked that the Commission close the Public Hearing pending NHESP comments. Cundiff said that this is a town owned bridge and the state has agreed to come in to help do repairs but they only work to the end of October. The state will pay 80% of the work. Furno said that he would appreciate anything the Commission could do to get this job done. Cundiff said that we should be getting comments from NHESP by Thursday and if there is an issue with the species, the work won’t be done anyway. After discussion, a Motion was made by Brown to issue an Order of Conditions pending the National Heritage and Endangered Species Program stating that there are no negative impacts in their findings, seconded by Van Roo. VOTE: Yes-5, Abstained-1. Vote was passed.

MEETING MINUTES OF 8/2/2010 & 8/16/2010
These minutes will be approved at the next meeting.

1. Conservation Fund & Wetland Protection Fund: Report. Brown said that the sub-committee met several times and Van Roo prepared a report. The Conservation Commission Expense will remain the same to pay bills and attend workshops, travel, etc. Discussed the Conservation Fund and purchasing metal boundary markers. Brown said that the markers would have a yellow background and black lettering (sample given to the members). After discussion, a Motion was made by Brown to purchase the metal boundary markers not to exceed $1000, seconded by Windoloski. Vote was unanimous. Cundiff asked that they get price quotes and Van Roo said she already had two. Wetland Protection Fund. Van Roo submitted a list of items to be purchased for the staff. Discussion held and Yacino thanked Van Roo, Brown and Donley for doing such a good job. The Commission agreed that they need to get kids involved and ways to raise money for the Conservation Fund. Yacino asked the members to look at the report and offer any comments.
2. Certificate of Compliance: Charles & Judith Maddocks, 39 Main Street DEP #143-0709. The members signed this Certificate.
3. Extension Permit for Order of Conditions: Framingham Cooperative Bank, 301 Northwest Main Street (“Whitin Reservoir Estates”) DEP #143-0656. The members signed this Order.
4. Site Walk: 105 Shore Road. The Commission will go and look at the site on their own.
5. The Commission received notice that on 8/5/10, the Governor signed the “Act Relative to Economic Development Reorganization” granting a two-year (2) extension on permits that were in existence from August 15, 2008 to August 15, 2010.
6. Off Highway Recreational Vehicle Law. Van Roo said that she has this information and will pass it on to the members. The Environmental Police will oversee violations.

To Discuss Strategy with Respect to Litigation
At 8:19pm, a Motion was made by Van Roo to go to Executive Session and to allow Cundiff, Zisk and Lajoie to remain and will not return to regular session, seconded by Brown.
Brandi Van Roo – Aye
Linda Brown – Aye
Leon Mosczynski – Aye
David Windoloski – Aye
Ralph Dudley – Aye
Michael Yacino – Aye

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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