10/4/2010 - Meeting Minutes

Moderator: Maria Lajoie

10/4/2010 - Meeting Minutes

Postby Maria Lajoie » Tue Dec 07, 2010 11:00 am

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

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

7:00 PM EXECUTIVE SESSION: To discuss Strategy with Respect to Litigation
34 Davis Street
At 7:00pm, a Motion was made by Brown to go into Executive Session to discuss strategy with respect to litigation and to allow Cundiff, Zisk and James Pyne of Pyne Sand & Stone to remain and the Commission will return to their regular meeting when they rise from Executive Session, seconded by Van Roo.
Linda Brown – Aye
Brandi Van Roo – Aye
Leon Mosczynski – Aye
Ralph Dudley – Aye
David Windoloski – Aye
Michael Yacino – Aye

The Commission completed its work at 7:25pm and rose from Executive Session to continue with the regular business.

1. FYI. Joint meeting with Planning Board Chairman & Conservation Commission Vice Chairman: Stormwater Regulations – Meet with Board of Selectmen in November. Cundiff said that the Planning Board is requesting additional information and they want both Board’s to get together but there is no firm date yet. Cundiff to share the information (6 priorities) to the Planning Board and the Commission.

Present was Lawrence Bombara and John Bombara. John is requesting an extension regarding the $100 fine in order for their engineer to finish his inspection of the dam. Larry asked that it be postponed indefinitely so that their engineer can draft an inspection report as to how to run the dam. John asked if their engineer could meet with Zisk during the day and report back to the Commission. Zisk said that this is the first he’s heard of this request and said he didn’t have a problem but it is up to the Commission. Dudley told John that his boss (Bob Sullivan) has not been contacted regarding the flow at the Water/Sewer Plant and he wants the phone number of who he can call. John said he would contact Bob Sullivan and give him the phone number of the person who has been controlling the dam. Yacino has a copy of the actual flow rates for the last three years and Larry said that they were here tonight to discuss the $100 fine. Yacino agreed and said that the WRWD violated the wetland regulations and they should either pay the fine or go to court. Brown said that a violation occurred and the WRWD should pay the fine. Van Roo told John and Larry that there is a policy in place for fines and there are no exceptions and that the fine was already voted on due to the low flow rates and the Commission needs to implement this fine. Van Roo hopes that this will start an open dialog so that this does not happen in the future. Larry said that he didn’t say that they wouldn’t pay the fine but asked the Commission to wait one month so that their engineer could report to the Commission determining where the dam starts and stops. The Commission denied this request because the violation had already occurred and has nothing to do with a report from their engineer. Larry and John Bombara said they refused to pay and left the meeting. Yacino asked Zisk to go forward with sending the $100 violation ticket to the courthouse.

7:45 PM – (ANRAD) DEP #143-0 - PUBLIC HEARING – Oak Street, Map 132, Parcel APO 5 / HUGHES, ANDREA
Present was the Applicant Andrea Hughes and her engineer Michael Weaver of Guerriere & Halnon. The proposed work is the delineation of wetland resource areas on the lot. The Commission will schedule a site walk. After discussion, a Motion was made by Van Roo to continue the Public Hearing on Monday, October 18, 2010 at 7:30pm, seconded by Brown. Vote was unanimous.

8:00 PM – (RDA) – PUBLIC MEETING – 115 Ledgestone Road / STOCKWELL, DEBORAH
Present was Applicant Deborah Stockwell. Requesting permission to install an artesian well and connect it to the existing water tank. The drill rig will enter the property from Ledgestone Road traveling between the 1st cottage and an oak tree and said it should safely fit through. Boards will be laid out along the septic line to absorb the weight of the rig. The proposed site of the well is approximately 14-feet back from the stone wall and in the middle of the lot. The Commission said that as a condition straw bales shall be placed along the work area to prevent sludge from entering Manchaug Pond and also a slurry pit. A Motion was made by Brown to issue a Negative Determination of Applicability with the above condition, seconded by Mosczynski. Vote was unanimous.

After review, a Motion was made by Brown to approve the Meeting Minutes of September 7, 2010, as amended, seconded by Van Roo. Vote was unanimous.

After review, a Motion was made by Dudley to approve the Executive Session Meeting Minutes of September 7, 2010, as amended, seconded by Mosczynski. Vote was unanimous.


1. Negative Determination of Applicability: Joseph Bylinski, 105 Shore Road. The Commission signed.
2. Extension for Order of Conditions: Suzanne Gagnon, Potter Road (DEP #143-0682). The Commission signed a one-year Extension.
3. FYI: American Pro Wind filed an Expanded Environmental Notification Form
4. Request for Certificate of Compliance / Schedule Site Walk: Unibank For Savings/Ronald Fortier, 72 Pine Street (DEP #143-0274)
5. Yacino said he would be unable to attend the November 1st meeting and asked the members if they would consider meeting on the 8th. A Motion was made by Brown to cancel their meeting on November 1st and reschedule their meeting for November 8th, 2010, seconded by Dudley. Vote was unanimous.
6. Van Roo asked that the conservation land regarding property and fund raising be discussed at the next meeting.
7. West Street Well Site. Yacino told the members that no one is policing the well site for dirt bikes, 4-wheelers, etc and asked the members if he could write a letter to the Inland Enforcement Bureau of the department of Environmental Law Enforcement in Westboro to see if they can be of any help in protecting this site. It was the consensus of the Commission that Yacino write this letter.

At 8:45pm, a Motion was made by Windoloski to adjourn the meeting, seconded by Dudley. 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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