8/16/2010 - Meeting Minutes

Moderator: Maria Lajoie

8/16/2010 - Meeting Minutes

Postby Maria Lajoie » Fri Oct 15, 2010 9:21 am

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

Vice Chairman Michael Yacino, Leon Mosczynski, Linda Brown, Ralph Dudley, Brandi Van Roo, Tracy Sharkey (Associate Member) –arriving at 7:15pm, Kelley Donley (Associate Member), Stephen Zisk (Planning/Conservation Agent) and William Cundiff (Town Engineer). Absent was Chairwoman Marylynne Dube and David Windoloski.

1. Wetland Protection & Conservation Fund: Sub-committee Report. On hold until 9/7/10 @ 7:00pm.
2. Violation Notice: Robert Cormier, 5 B Street. Robert Cormier present. A Violation Notice was issued for removal of trees and altering of the riverfront area without filing written application for a permit to remove, fill, dredge and alter including such plans as may be necessary to describe such proposed activity and its effect on the environment. A strip of land approximately 25-feet wide by 50-feet long has been altered from the edge of “B” Street to the edge of the Mumford River. The Commission did a site walk on B Street across from Cormier’s apartment. Cormier apologized and said he did not know that he was doing anything wrong, saying it was a swampy area that floods so he removed some trees to help dry out the area. Cormier also said that he spoke the owner of the property, Gerald Jackman and told him what he had done and apologized to him also. Van Roo said that what Cormier did was a significant impact and should be fined at least $100 and let the disturbed area grow back. Donley agreed but asked how to inform the general public about these wetland issues. Van Roo said there needs to be public outreach to get the information to the town residents. Brown asked Cormier where he put the brush and Cormier said in a pile on the property. Cormier said he would pay the fine tomorrow.
3. Meeting Minutes of 4/20/10. After Lajoie reviewed the tape and made a correction, a Motion was made by Brown to approve the Meeting Minutes of April 20, 2010, as written, seconded by Van Roo. Vote was unanimous.
4. Meeting Minutes of 7/6/10. After review, a Motion was made by Brown to approve the Meeting Minutes of July 6, 2010, as amended, seconded by Van Roo. Vote was unanimous.
5. Site Walk. The Douglas Camp Meeting Association, 25 South Street filed an RDA and will be in for the next meeting. Zisk asked the Commission to do a site walk prior to the next meeting. The site walk was scheduled for 8/25/10 @ 5:30pm.

Present was Highway Superintendent John Furno. William Cundiff (Town Engineer) representing the Highway Department. Cundiff said that the scope of work includes resurfacing Maple Street between Martin Road and the Uxbridge Town Line and replace (2) culverts and install one (1) drop inlet. Also, replace a culvert pipe near 44 Northwest Main Street, Pole #5. A 12-inch HDPE (high density Polyethylene) pipe will be used. Furno said that this type of pipe is used throughout the state. Van Roo wants to see the pipes embedded with crushed stone underneath but said that an 18-inch pipe would work better. Furno said he only has the 12-inch pipes and has no money in the budget to purchase18-inch pipes. After discussion, a Motion was made by Van Roo to issue a Negative Determination of Applicability with the condition that the pipes are to be embedded in sub-strate at least one inch (1”) with a placement of crushed stone along the inside bottom of the pipes, seconded by Mosczynski. Vote was unanimous.

1. Negative Determination of Applicability: Lisa Corron, 3 Vine Street

Present was Highway Superintendent John Furno and William Cundiff (Town Engineer) representing the Highway Department and abutters. The proposed work consists of installing a spillway, catch basin and underground piping that would allow overflow from a pond to go into the street drainage system instead of onto adjacent private property. The project area is located on town owned property. Cundiff said that this proposed project stems from complaints of wet yards and basements especially in the spring. Abutter Edwin Taipale is in favor of the project and said that he has had up to 4-feet of water in his basement. Abutter Peter Albee said that he also has a serious problem and at times has to use up to four (4) pumps in his basement to get the water out. Cundiff said the project will be started before fall. Abutter Richard Paulowski from the United Methodist Church said they have a water issue in their basement as well but doesn’t think that the work proposed will help their problem. Cundiff asked him to call him when it rains so he can see what is happening. After discussion, a Motion was made by Brown to close the Public Hearing and issue an Order of Conditions, seconded by Mosczynski. Vote was unanimous.

Present was Jim Kersten and Kati Murphy of Mass DOT and William Cundiff (Town Engineer) representing Mass DOT. The project consists of installing and repairing the footing/abutment scouring by placing (by hand) concrete filled bags to reinforce the footing/abutment. Cundiff said footing repair needs to be done on the southeast side and northern corner and the work is down stream and should not be a problem. Cundiff informed the Commission that he has not yet heard back from Natural Heritage or DEP for a File Number. Kersten said they will use grout bags, a mesh bag filled with concrete that is cured for a day and Cundiff said it was very cost effective. Brown asked what type of equipment will be used and Kersten said that the work will be done by hand using divers who will fill the areas with the concrete that will not wash away. Kerstens said this method was used in the Florida Keys and was very successful. After discussion, a Motion was made by Brown to continue the Public Hearing on Tuesday, September 7, 2010 at 7:30pm, seconded by Van Roo. Vote was unanimous.

Present were members of the Whitin Reservoir District: John Bombara (Chairman), Don & Joyce Virostek, Carol Gogolinski and Paul Chouette; Members of the Water/Sewer Department: Robert Josey and Robert Sullivan, Russell Gray of West Street and Selectmen Jeffrey LaPorte. Issues were discussed regarding the water flow not meeting the needs of the Water/Sewer Plant and down stream on West Street. Bombara said that he opened the gate 2-2 ½ - inches and is following the rule curve. Josey and Gray disagreed and said that the river water flow has been too low. Virostek said that a few months ago, the District was under the impression that the 16 CFS was not applicable to the Water/Sewer Department but recently found out that it does apply and the District is willing to meet their responsibility. Bombara said that the District wants to meet with the Water/Sewer Department again and work things out. Virostek said that the District will be holding a meeting at his house on Wednesday, August 25 at 6:30pm and asked Josey and Sullivan to attend and also a representative from the Commission and Yacino agreed to go. Yacino said that the District must file a Notice of Intent for the drawdown and Bombara agreed. Van Roo is concerned with the wildlife and Cundiff said a management plan is necessary. Gray said that someone with knowledge should be handling the dam. Yacino suggested contacting the Office of Dam Safety. Cundiff said that he is concerned with the wildlife and the water flow and that the District should have a schedule for all conditions. Yacino asked the Commission if a violation should be issued and asked if the water was coming out of the dam. Josey said very little water was coming out and Sullivan provided pictures to the Commission. Gogolinski said that the District is willing to work with everyone and asked the Commission not to issue a violation fine. After discussion, a Motion was made by Brown to issue a $300 violation fine but no one seconded the motion. Van Roo said that everyone’s comments were fair but the Commission started issuing fines for violations such as this and it needs to be honored. A Motion was made by Van Roo to issue a $100 violation fine to the Whitin Reservoir Watershed District for shutting the low flow off which supplied water to the stream (per Violation Notice) Wetland Bylaw Article 8, Section 2, seconded by Brown. Vote: Yes-4, Abstained-1. Vote passed. Yacino did state that the Commission may reconsider this vote and discuss it again at the 9/7/10 meeting and if the issues are not resolved, a stiffer fine will be imposed.

Tracy Sharkey (Associate Member) recused herself. Present on behalf of the Applicant was William Pybas. The Applicant is requesting permission to replace existing cesspool with a 2,000 gallon tight tank for sanitary sewage located outside the 50-foot buffer zone. Pybas said he received Board of Health approval. One tree will be removed and all material will be trucked off site and may replace with soil. After discussion regarding the replacement of the tree, Van Roo made a Motion to issue a Negative Determination of Applicability with the condition that “a river birch tree (2 to 2 1/2-inches in diameter) is to be planted approximately 30-feet from the tight tank on the property line”, seconded by Brown. Vote was unanimous.

At 9:23pm, a Motion was made by Brown to adjourn the meeting, seconded by Van Roo. Vote was unanimous.

Maria D. Lajoie

Administrative Secretary
Community Development Dept
Maria Lajoie
Maria Lajoie
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