7/16/2007 - Meeting Minutes

Moderator: Maria Lajoie

7/16/2007 - Meeting Minutes

Postby Maria Lajoie » Thu Aug 16, 2007 11:03 am

The meeting was called to order at 7:00pm

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


CONSERVATION COMMISSION BUSINESS-DISCUSSION
1. Merritt Tetreault 342 Maple Street: Complaint. Mr. Tetreault informed the Commission that on 6/1/07 his neighbor saw Blackstone Paving Company drawing water from the vernal pool on his property at 342 Maple Street and leaving traces of hydro-seeding. Also observed was dumping barrels into the vernal pool. Dube told Tetreault that he could certify his vernal pools with the state and post them on his property. Yacino suggested that Tetreault get in touch with DEP regarding the incident. The Commission said that they would write a letter to the Blackstone Paving Company and informing them that the Commission is pursuing their two violations (withdrawing water from the vernal pool and discharging hydro-seed into the buffer zone) and also invite them in to the next meeting to discuss this.
2. Burrillville Conservation Commission. Dube said that she received a “draft” copy of a proposal regarding the Wallum Lake Watershed from Burrillville and they ask that we send this to our state representatives supporting this proposal.
3. Vouchers signed.
4. KTKM Realty Trust, “Stonegate” Subdivision. A MOTION was made by Brown to approve a 3-year extension for this subdivision, seconded by Yacino. VOTE UNANIMOUS. The Commission signed a 3-year Extension Permit.
5. Roselyn Jeun & Steven Perryman, 24 Colonial Road. The Commission signed a Certificate of Compliance.
6. C & C Realty Trust, Davis Street. Zisk said that the place looks good and will check it periodically.
7. Dube asked the Commission to take the “Settlement Agreement” for Eveningside Realty Corp home to read and will go into Executive Session at the next meeting to discuss it.
8. Paul Brule, Birch Hill Road & Kerney Road. The Commission will discuss this at the next meeting.


7:33 PM PUBLIC HEARING CONTINUED: ED’S CONSTRUCTION, INC. (NOI)
88 West Street
The Commission received a request for a continuance from Marc N. Nyberg Associates of this Hearing. A MOTION was made by Yacino to continue this Public Hearing on Monday, October 1, 2007, at 7:30pm, seconded by Brown. VOTE UNANIMOUS.


DISCUSSION
1. Blackstone Valley Paving: Violations. Yacino strongly feels that this company should be fined $400 for two violations. A MOTION was made by Yacino to fine Blackstone Valley Paving $400 ($200 for withdrawing water from the vernal pool and $200 for discharging hydro-seed into the buffer zone), seconded by Brown. VOTE UNANIMOUS.
2. Stormwater Bylaw. Cundiff asked that the Commission review Town Counsel’s comments for the next Annual Town Meeting. The Commission will discuss this on Tuesday, September 4, 2007, at 7:00pm.


7:40 PM PUBLIC MEETING: ARTHUR CORRIVEAU (RDA)
83 Maple Street
Present was the Applicant Arthur Corriveau. The scope of work is to install a 20-foot above-ground swimming pool and attach a deck to their farmer’s porch. The work is 64-feet from the buffer zone. Zisk said that the work is outside the 50-foot buffer zone and six (6) sonar tubes will be installed in the ground for the deck and straw bales will be placed along the line of construction. A MOTION was made by Brown to issue a Negative Determination of Applicability with the condition that straw bales be placed between the construction site and the wetlands, seconded by Mosczynski. VOTE UNANIMOUS.


7:47 PM PUBLIC HEARING CONTINUED: CHRISTOPHER PODLES (ANRAD)
Northwest Main Street
The Commission received a letter from Benjamin Gilmore of Gilmore Consultants dated 7/15/07, on behalf of Mr. Podles, requesting a continuance of this Hearing. A MOTION was made by Yacino to continue the Public Hearing on Monday, October 1, 2007, at 7:45pm, seconded by Brown. VOTE UNANIMOUS.




SITE WALKS – 7/19/07
1. Cliff Van Reed, 33 Main Street – 5:30pm
2. Rosenfeld Concrete, South Street – 6:00pm
3. Scott & Debra Valis,13 Yew Street – 6:30pm
4. Brian Lacey, 141 Yew Street – 6:45pm


8:00 PM PUBLIC HEARING: ORBISON CORP (NOI)
33 Olde Carriage Lane, Lot #36
Present was the Applicant Daniel Heney and his representative Michael Weaver of Guerriere & Halnon. The Commission gave this project a Local File #DCC-02. The scope of work is the construction of a single-family home, driveway and septic system. There is a small isolated wetland under the Local Bylaw jurisdiction. The closest to the wetland is 64-feet. Zisk said a site walk was done by the Commission and they felt that this is a minor project and had no issues. A MOTION was made by Brown to close the Public Hearing and issue an Order of Conditions, seconded by Yacino. VOTE UNANIMOUS.


8:08 PM PUBLIC HEARING CONTINUED: BRIAN LACEY (NOI)
141 Yew Street
Present were Mr. & Mrs. Lacey and their Attorney Henry Lane. Yacino feels that since this issue is currently in litigation with the town, the Commission should continue this Public Hearing. Cundiff said that he spoke to Town Counsel and they said that it was fine to discuss the matter at hand (NOI). Lane said that his clients did no damage by cutting down the trees but they will let vegetation grow back on the lot. Brown said that the Commission asked for a revised plan to show which trees were going to be removed by hand but did not receive one. Zisk also asked that their engineer put a note about cleaning the culvert on the plan, which was going to be done later in the season. Cundiff said that habitat is being established and is concerned as to when the best time is to remove the trees. The Commission scheduled a site walk for 7/19/07 @ 6:45pm. A MOTION was made by Yacino to continue the Public Hearing on Monday, August 6, 2007, at 7:30pm, seconded by Dudley. VOTE UNANIMOUS.


8:24 PM PUBLIC HEARING: TOWN OF DOUGLAS (NOI)
Hemlock Street
Present on behalf of the Town was William Cundiff, Town Engineer. The scope of work includes grading, tree removal, gravel placement and compaction, paving and drainage swale construction on Hemlock Street. Cundiff said that on the southerly side there will be 3,000 feet of paving and all work is within the buffer zone. Berms will be installed on both sides of the road to help prevent breakouts, and rip rap and straw bales will be placed along the road to protect the wetland areas. The roadway will be 18-feet wide. The southerly side is steep and the northerly side is flat. The Commission has not received a DEP Number yet. A MOTION was made by Yacino to continue the Public Hearing on Monday, August 6, 2007, at 7:45pm, seconded by Brown. VOTE UNANIMOUS.


8:33 PM PUBLIC HEARING CONTINUED: ROSENFELD CONCRETE CORP (NOI)
South Street
The Commission received a request for a continuance of this Hearing from Nancy Prominski dated 6/28/07. A MOTION was made by Yacino to continue this Public Hearing on Tuesday, September 4, 2007, at 7:30pm, seconded by Brown. VOTE UNANIMOUS.


At 8:35pm, a MOTION was made by Yacino to go to Executive Session to discuss the strategy with respect to litigation (MGL) Chapter 39, Section 23B) and to allow William Cundiff, Stephen Zisk and Maria Chesley to remain, seconded by Brown. The meeting will reconvene when the Commission comes out of Executive Session. VOTE:

Michael Yacino – Aye
Linda Brown – Aye
Ralph Dudley – Aye
Leon Mosczynski – Aye
Marylynne Dube – Aye



At 8:50pm, the Commission came out of Executive Session and returned to Regular Session.


8:50 PM PUBLIC HEARING CONTINUED: WILLIAM & TEENA PORTER (NOI)
317 South Street
Present were the Porter’s and their representative Michael Yerka of Yerka Engineering. Yerka said that the Applicants are proposing a 36-foot by 44-foot garage and said that half the building was moved into the crushed stone area and part of the grass area. They will be 17-feet into the buffer zone area and 16-feet into the riverfront area. Yacino said that at this point he would have to vote to deny this Notice of Intent because the Applicants have not proved that this is a hardship and they are within the 50-foot buffer zone. A MOTION was made by Brown to close the Public Hearing and issue a decision within 21-days, seconded by Yacino. VOTE UNANIMOUS.

DISCUSSION
William & Teena Porter, 317 South Street: Decision
A MOTION was made by Brown to deny the Notice of Intent because there are several other alternatives and they have not proved to the Commission that this is a hardship, seconded by Yacino. VOTE UNANIMOUS.


ADJOURNMENT
At 9:07pm, a MOTION was made by Yacino to adjourn the meeting, seconded by Brown. VOTE UNANIMOUS.

Respectfully submitted,
Community Development Dept.



Maria Chesley
Administrative Secretary
Maria Lajoie
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