2/5/2007 - Meeting Minutes

Moderator: Maria Lajoie

2/5/2007 - Meeting Minutes

Postby Maria Lajoie » Wed Feb 21, 2007 1:54 pm

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

ATTENDANCE
Chairwoman Marylynne Dube, Leon Mosczynski, Michael Yacino, Ralph Dudley, Linda Brown, Michael Valliere, Brandi Van Roo, Stephen Zisk (Planning/Conservation Agent), William Cundiff (Town Engineer) and Maria Chesley (Administrative Secretary.


7:00 PM CONSERVATION COMMISSION BUSINESS
1. Meeting Minutes of 1/16/07. After review, a MOTION was made by Yacino to approve the Meeting Minutes of Tuesday, January 16, 2007, as amended, seconded by Mosczynski. VOTE UNANIMOUS.
2. Scott & Debra Valis, 13 Yew Street. A MOTION was made by Yacino to ratify the Enforcement Order issued to Scott & Debra Valis, 13 Yew Street, seconded by Brown. VOTE UNANIMOUS. The Enforcement Order was issued for cutting, clearing and grading within the100-foot buffer zone to a stream bank and bordering vegetated wetland (BVW), along with the possibility that some filling of the BVW may have occurred without the owners obtaining the proper permits to perform any of the work. Valis said he wants to put up a fence for his horses and that his barn is located near the house. Zisk said that Valis is also in the primary and secondary recharge areas. Yacino said that water from the brook was running good when he went to the site and he is concerned that horse manure could get into the stream bank that flows to Centerville Brook. The Commission instructed Valis to place straw bales along the back left hand corner of the property. A site walk was scheduled for Saturday, February 10, 2007, at 8:00am. Scott & Debra Valis were asked to attend the Commission’s next meeting on 2/20/07 at 7:00pm.
3. Norman Gadoury, 103 Franklin Street. A MOTION was made by Yacino to ratify the Enforcement Orders (2) issued to Norman Gadoury, 103 Franklin Street, seconded by Brown. VOTE UNANIMOUS.


7:30 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI) Webster Road, Lot #1
The Commission received a letter from Paul Cusson of Delphic Associates dated January 31, 2007, requesting a continuance of this Hearing. A MOTION was made by Yacino to continue the Public Hearing on Monday, April 2, 2007, at 7:30pm, seconded by Brown. VOTE UNANIMOUS.

7:31 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI) Webster Road, Lot #2
The Commission received a letter from Paul Cusson of Delphic Associates dated January 31, 2007, requesting a continuance of this Hearing. A MOTION was made by Yacino to continue the Public Hearing on Monday, April 2, 2007, at 7:35pm, seconded by Brown. VOTE UNANIMOUS.


7:32 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI) Webster Road, Lot #4
The Commission received a letter from Paul Cusson of Delphic Associates dated January 31, 2007, requesting a continuance of this Hearing. A MOTION was made by Yacino to continue the Public Hearing on Tuesday, April 17, 2007, at 7:45pm, seconded by Valliere. VOTE UNANIMOUS.


7:33 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI) Webster Road, Lot #5
The Commission received a letter from Paul Cusson of Delphic Associates dated January 31, 2007, requesting a continuance of this Hearing. A MOTION was made by Yacino to continue the Public Hearing on Tuesday, April 17, 2007, at 7:50pm, seconded by Valliere. VOTE UNANIMOUS.


7:34 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI) Webster Road, Lot #6
The Commission received a letter from Paul Cusson of Delphic Associates dated January 31, 2007, requesting a continuance of this Hearing. A MOTION was made by Yacino to continue the Public Hearing on Tuesday, May 1, 2007, at 7:30pm, seconded by Brown. VOTE UNANIMOUS.


7:35 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI) Webster Road, Lot #7
The Commission received a letter from Paul Cusson of Delphic Associates dated January 31, 2007, requesting a continuance of this Hearing. A MOTION was made by Yacino to continue the Public Hearing on Tuesday, May 1, 2007, at 7:35pm, seconded by Brown. VOTE UNANIMOUS.





7:35 PM PUBLIC HEARING CONTINUED: MICHAEL GORMAN (ANRAD)
106 West Street
Present on behalf of the Applicant was Michael Yerka of Yerka/Bacon Engineering. Yerka submitted a revised PLS stamped plan and the “B” flags were taken off the plan. A MOTION was made by Yacino to close the Public Hearing and issue an Order of Resource Area Delineation, seconded by Van Roo. VOTE UNANIMOUS.


7:36 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI) Webster Road, Lot #8
The Commission received a letter from Paul Cusson of Delphic Associates dated January 31, 2007, requesting a continuance of this Hearing. A MOTION was made by Yacino to continue the Public Hearing on Monday, May 14, 2007, at 7:30pm, seconded by Brown. VOTE UNANIMOUS.


7:36 PM PUBLIC HEARING CONTINUED: WEBSTER DEVELOPMENT (NOI)
13 Charles Street
Present on behalf of the Applicant was Michael Yerka of Yerka/Bacon Engineering. Yerka submitted a revised PLS stamped plan showing the wetland line and properties. The Planning Board has not yet approved the Special Permit and therefore the Commission will have to continue this Hearing until their next meeting. A MOTION was made by Yacino to continue the Public Hearing on Tuesday, February 20, 2007, at 8:00pm, seconded by Valliere. VOTE UNANIMOUS.


7:37 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI) Webster Road, Lot #9
The Commission received a letter from Paul Cusson of Delphic Associates dated January 31, 2007, requesting a continuance of this Hearing. A MOTION was made by Yacino to continue the Public Hearing on Monday, May 14, 2007, at 7:35pm, seconded by Brown. VOTE UNANIMOUS.


7:38 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI) Webster Road, Lot #10
The Commission received a letter from Paul Cusson of Delphic Associates dated January 31, 2007, requesting a continuance of this Hearing. A MOTION was made by Yacino to continue the Public Hearing on Monday, June 4, 2007, at 7:30pm, seconded by Brown. VOTE UNANIMOUS.
7:39 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI) Webster Road, Lot #11
The Commission received a letter from Paul Cusson of Delphic Associates dated January 31, 2007, requesting a continuance of this Hearing. A MOTION was made by Yacino to continue the Public Hearing on Monday, June 4, 2007, at 7:35pm, seconded by Valliere. VOTE UNANIMOUS.


7:40 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI) Webster Road, Lot #12
The Commission received a letter from Paul Cusson of Delphic Associates dated January 31, 2007, requesting a continuance of this Hearing. A MOTION was made by Yacino to continue the Public Hearing on Monday, June 18, 2007, at 7:30pm, seconded by Brown. VOTE UNANIMOUS.


7:41 PM PUBLIC HEARING CONTINUED: FORESTVIEW ESTATES ASSOC., INC. (NOI) Webster Road, Lot #13
The Commission received a letter from Paul Cusson of Delphic Associates dated January 31, 2007, requesting a continuance of this Hearing. A MOTION was made by Yacino to continue the Public Hearing on Monday, June 18, 2007, at 7:35pm, seconded by Brown. VOTE UNANIMOUS.


7:45 PM PUBLIC MEETING: STUART & DEBORAH VANDENAKKER (RDA)
83 Island Road
Present were the Applicants Stuart and Deborah VandenAkker. The Commission was unable to open the Public Meeting because the time on the legal notice was incorrect. The VandenAkker’s will re-advertise with the Telegram & Gazette and the meeting will be held on Tuesday, February 20, 2007, at 8:15pm.


DISCUSSION
1. MACC Handbooks. A MOTION was made by Yacino to purchase eight (8) MACC Handbooks, seconded by Brown. VOTE UNANIMOUS.


8:00 PM PUBLIC HEARING CONTINUED: ROSENFELD CONCRETE CORP (NOI)
South Street
The Commission received a fax from Nancy Prominski of Boston Sand & Gravel, Company dated 2/5/07 requesting a continuance. A MOTION was made by Yacino to continue the Public Hearing on Tuesday, April 17, 2007, at 7:30pm, seconded by Brown. VOTE UNANIMOUS.


DISCUSSION
1. The Commission signed Vouchers.
2. Kevin & Tracie Pellerin, 128 South Street. The Pellerin’s are requesting a Certificate of Compliance. The Commission scheduled a site walk on Saturday, February 10, 2007, at 8:30am. Chesley will call Mrs. Pellerin and let her know.
3. Michael Gorman, 106 West Street. A MOTION was made by Brown to add the following condition on Gorman’s ORAD: “The Applicant filed the ANRAD as a single-family house project; any other future project on the site besides a single-family house project, the Applicant must submit the appropriate filing fees associated with the original ANRAD submittal”, seconded by Yacino. VOTE UNANIMOUS. The Order of Resource Area Delineation was signed.
4. FYI: Paul Brule, corner of Birch Hill Road & Kerney Road. The Commission received a copy of a letter from Philip Nadeau, Wetland Section Chief at DEP dated 1/31/07, to Margaret Bacon of Yerka/Bacon Engineering, regarding the Superseding Order of Resource Area Delineation.
5. NPDES. Cundiff informed the Commission that an article will be on the Annual Town Meeting for this. Dube to read the article and Cundiff will explain it to the audience. This will be a part of the General Bylaws.
6. Pyne Sand & Stone, 34 Davis Street. Zisk said that the site walk was held on Thursday, February 1, 2007, at 10:00am.


8:15 PM PUBLIC HEARING CONTINUED: CHRIS PODLES (ANRAD)
Northwest Main Street
The Commission received a letter from Benjamin Gilmore of Gilmore Consultants requesting a continuance of this Hearing to March 19, 2007. A MOTION was made by Yacino to continue the Public Hearing on Monday, March 19, 2007, at 7:45pm, seconded by Valliere. VOTE UNANIMOUS.


8:30 PM PUBLIC HEARING: F & D CENTRAL REALTY TRUST
Request for an Amendment to Order of Conditions
(DEP #143-0482)
100 & 102 Perry Street (Lots #5 & #6)
Present on behalf of the Applicant was Jeffrey Dean of Guerriere & Halnon. The Applicant requested that the septic plans be revised to limit the amount of fill required for the construction of the septic systems and while performing the new testing for the septic systems, the engineer noted a possible wetland on the east side of Lot #6 (102 Perry Street). Judy Schmitz, Wetland Scientist, performed a site visit and flagged this area as wetland and after locating the wetlands, it was determined that the existing well on Lot #6 was installed 73-feet from the wetland. The scope or work in the buffer zone for Lot #5 is to extend the driveway to the garage and to loam and seed in the front of the house and around the driveway; all other work is outside the 100-foot buffer zone. The scope of work in the buffer zone for Lot #6 is to extend the driveway to the garage and to install power and water line to existing well. All other work is outside the 100-foot buffer zone. Dean said that mitigating measures were taken for Lot #5 and straw bales and silt fence were placed on Lot #6. Zisk said that this is minor buffer zone work and suggested that the replication be done first so the homeowners are not burdened to complete the project. Cundiff asked Dean if Guerriere & Halnon resurveyed the whole property and Dean said that he was not sure. Cundiff wants a plan to show what work has already been done. Zisk again said that the replication should be completed prior to work beginning and should be noted on the plan. Cundiff said that the replication should be completed prior to any building permits issued and suggested that the Commission ask the Applicant for a timeline schedule. Brown asked that no topsoil be deposited in the replication area. A MOTION was made by Yacino to continue the Public Hearing on Tuesday, February 20, 2007, at 8:30pm, seconded by Valliere. VOTE UNANIMOUS.


8:45 PM PUBLIC HEARING: NORMAN GADOURY (NOI)
103 Franklin Street
Present was the Applicant Norman Gadoury and his representative Seth Lajoie.
Revised plans submitted dated 2/5/07. The scope of work includes the restoration of an altered buffer zone in a bordering vegetated wetland. The wetland is to the west of the property and across the street. The existing barn was taken down. Yacino suggested that Gadoury plant something to prevent making a continuous lawn further back on the property. Yacino also noticed that the boulders are now where the concrete and stumps were previously dumped in the resource area. Lajoie said that the house, tank and driveway are all out of the 100-foot buffer zone. Yacino asked if there was a pipe on the other side of the street and Gadoury said no that it is just a hollow and he put excess dirt there. Zisk said that the Commission received a report from BSC Group dated 2/5/07. Yacino said again that the concrete and stumps were removed where boulders are now. Yacino said that there are several violations on this property and he agrees with Lajoie’s tree plantings 5-feet of arborvitaes and also suggested blueberry bushes. Brown agreed with restoring with shrubs near the arborvitaes. Valliere said he is more concerned about people using the low fill area as a dumping ground. Cundiff asked Lajoie to modify the Notice of Intent for work Gadoury wants permitted and to place straw bales. Gadoury said that he paid a lot of money to have a plan drawn up and he was outside the buffer zone. Yacino told Gadoury that he violated the wetland in the lower corner and filled it in. Abutter Al Genis of 101 Franklin Street said that the existing foundation is not where the new house is and does this become a new construction and need a permit from ZBA. Dube said that his question cannot be answered by the Commission because it is not their jurisdiction. Zisk said that the Commission hired an outside consultant to find the buffer zone and wetland areas. Kim Genis said that Gadoury is working within the wetland area. Cundiff said that the Board of Health plan given to the Commission showed no wetlands within 200-feet. Cundiff said that Zisk went to the site with another plan for the house and demolishing the barn and told Gadoury that as long as he stays out of the buffer zone he would not be under the jurisdiction of the Commission. Yacino asked Gadoury if there is a stump or a tree in the resource area – and if it is a stump he asked Gadoury to remove it. Zisk said that he would go and look at it with Gadoury. Yacino feels that the plan looks fine and to plant blueberry bushes west of the line and to state their size on the plan. A MOTION was made by Yacino to fine Gadoury a total of $500 for his violations to be submitted within two (2) days and to remove the stump (if it is a stump) by the end of this week, seconded by Brown.
Van Roo asked the Commission to be consistent regarding fines issued in the past which is $200 per fine.
A MOTION was made by Van Roo to amend Yacino’s motion to fine Gadoury $500 to fine him $600, seconded by Brown. VOTE UNANIMOUS.
A MOTION was made by Yacino to continue the Public Hearing on Tuesday, February 20, 2007, at 8:45pm, seconded by Valliere. VOTE UNANIMOUS.
A MOTION was made by Valliere to lift the Cease & Desist Order, seconded by Yacino. VOTE UNANIMOUS.


ADJOURNMENT
At 9:55pm, a MOTION was made by Yacino to adjourn the meeting, seconded by Van Roo. VOTE UNANIMOUS.


Respectfully submitted,
Community Development Dept.




Maria Chesley
Administrative Secretary
Maria Lajoie
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