11/5/2007 - Meeting Minutes

Moderator: Maria Lajoie

11/5/2007 - Meeting Minutes

Postby Maria Lajoie » Tue Dec 11, 2007 7:13 pm

The meeting was called to order at 7:18pm.

ATTENDANCE
Chairwoman Marylynne Dube, Leon Mosczynski, Linda Brown, Ralph Dudley, Brandi Van Roo, David Windoloski, Angela Saunders (Associate Member), Stephen Zisk (Planning/Conservation Agent), William Cundiff (Town Engineer) and Maria Chesley (Administrative Secretary). Michael Yacino was absent.


DISCUSSION
1. Chestnut Street Land Swap. Present was John Gosselin. Zisk said that Jillian Davies of BSC Group determined that there are wetlands on both lots. Dube said that the Commission was under the impression that this lot was going to be under the Commission as conservation land. Van Roo asked how a gift of land could be accepted if it is landlocked with no access. Zisk said that the gift of land should come with an easement. Brown said that the Article for the Town Meeting does not state “contingent upon having access to the conservation land in the back that consists of 28-acres”. The lot has 600-feet of frontage. A MOTION was made by Van Roo to accept the verbiage with a conservation easement to the conservation land (28-acres) in the back and contingent upon the land swap, seconded by Brown. VOTE UNANIMOUS.
2. Cynthia Morin, 350 Southwest Main Street: Request for a Certificate of Compliance/Violation. On 10/16/07 the Commission did a site walk on this property and they noticed a cleared path where some type of heavy equipment had gone through the resource area. The path starts at Southwest Main Street cuts through the resource area and ends at the existing driveway adjacent to where the first turn-a-round is located. The Commission then issued a cease and desist order on all activity within the resource area and requested that the Applicant come in to tonight’s meeting to discuss this violation. Brown asked what the extent of the damage was and Zisk said that there is damage but in time it would grow back. Van Roo said that the slope at the house is very loose and the turn-a-rounds need to be removed and there are also wetland violations. Dube wants the Morin’s to loam & seed and remove the turn-a-rounds. A MOTION was made by Van Roo to impose a one time fine of $200, seconded by Brown. VOTE UNANIMOUS.
A MOTION was made by Brown not to issue a Certificate of Compliance at this time, seconded by Van Roo. VOTE UNANIMOUS.

Mrs. Morin told the Commission that she wants to keep the turn-a-rounds. Dube said that they would have to file for an Amendment to their Order of Conditions. A MOTION was made by Brown to have the Morin’s file an Amendment to their Order of Conditions by no later than 12/5/07, seconded by Van Roo. VOTE UNANIMOUS.
3. Michael Hughes, 354 Southwest Main Street: Order of
Conditions/Violation. While performing a site walk at 350 Southwest Main Street, the Commission noticed activity that may be outside the limit of disturbance area as approved with the Order of Conditions and the Commission is concerned that part of the driveway and a carport are located outside of the limit of disturbance line as shown on the approved plan with the final revised date of 8/24/1999. Mr. Hughes said that the carport is in the buffer zone and said that he cut brush in order to plant more trees. A MOTION was made by Van Roo stating that this is not a violation but Mr. Hughes must pull the carport out of the buffer zone, seconded by Mosczynski. VOTE: YES-6, ABSTAINED-1. VOTE PASSED. Hughes said that he would be planting trees in the spring and the Commission asked him to contact Zisk prior to planting to show Zisk where he wants to plant the trees.


8:09 PM PUBLIC HEARING CONTINUED: DEAN &
LAURA KATRAGJINI (NOI)
8 Linden Street
Present on behalf of the Applicants was Robert Murphy of Murphy & Associates. Murphy said that he replaced the hay bales with straw bales and submitted a final clean-up plan. Cundiff said that prior to starting the clean-up to make sure they have a licensed site professional present. There are two areas on the site that have material that need reviewing and are 2 to 4-feet deep. Murphy said that the debris will be taken to Wheelabrator in Millbury. Zisk said that they have Board of Health approval but Murphy still needs to address the fill and the staging area. Windoloski said to lay plastic under and over the waste (material). Saunders suggested that a timeline be given as to how long the material could be exposed. A MOTION was made by Van Roo to close the Public Hearing and to issue an Order of Conditions with special conditions as discussed (plastic under and over the waste (fill) and a 21-day timeline for excavation), seconded by Brown. VOTE UNANIMOUS.


8:18 PM PUBLIC HEARING CONTINUED: MOBIL PIPE LINE COMPANY (NOI)
Ridge Trail & Northwest Main Street
Leon Mosczynski recused himself from this Public Hearing. The Commission received an e-mail from Jeff O’Donnell of Coler & Colantonio dated 11/5/07
requesting a continuance to 12/3/07 because he has not heard from Mobil as to how they intend to proceed. A MOTION was made by Brown to continue the Public Hearing on Monday, December 3, 2007, at 8:00pm, seconded by Van Roo. VOTE: YES-5, ABSTAINED-1. VOTE PASSED.


8:19 PM PUBLIC MEETING: ARMAND PETER GUERTIN (RDA)
106 Peters Cove Road
Mr. Guertin did not appear for his meeting. A MOTION was made by Brown to continue the Public Meeting on Monday, December 3, 2007, at 8:15pm, seconded by Dudley. VOTE UNANIMOUS. Chesley was asked to contact Mr. Guertin regarding this.


8:22 PM PUBLIC MEETING: RONALD FORGET (RDA)
505 Northwest Main Street
Present was Owner/Applicant Ronald Forget. The scope of work is to install a 40-foot by 21-foot three sided run-in shelter for his horses. Forget said that the shed is a part of the pasture for the horses to go into for shelter. He said that he would be digging a 4-foot deep trench to install a frost wall and will need to do some excavation and will bring in fill and the gravel will be on the inside of the shed. Van Roo is concerned as to where the wetlands are and wonders if the Commission should hire a professional to determine where the wetlands are. Forget said that he would flag the area and contact Zisk to measure the distances. A MOTION was made by Van Roo to continue the Public Meeting on Monday, December 3, 2007, at 7:29pm, seconded by Brown. VOTE UNANIMOUS.


8:42 PM DISCUSSION: JOEL SMITH
Pond located on Depot Street
Smith said that he has owned the pond since 1968 and every fall he does a draw down of the water. Smith said that he pulled out the flash boards and an abutter Russell Anderson of 58 Depot Street jammed the flash boards to stop the pond from draining. Smith said that he contacted his attorney to get a copy of his deeds stating that he owns the rights of the ponds. Anderson said that Smith drained the pond so much that he can see the fish getting closer in the mud.
Cundiff said that the Commission needs documentation from DEP or the Army Corp of Engineers because you can’t just drain a pond because there are safety and water issues involved. Dube said that the Commission will contact the Army Corp of Engineers and Anderson said that he called them and they told him that it was the Commission’s jurisdiction. Cundiff suggested that Smith file a Notice of Intent but replace the boards at the dam now. After discussion, a MOTION was


made by Mosczynski to replace the boards up to 3-feet high by no later than Wednesday, November 7, 2007, at 3:00pm and to file a Notice of Intent for future work, seconded by Van Roo. VOTE UNANIMOUS. The Commission asked Smith to contact Zisk to check the boards when they are installed.


DISCUSSION
1. Jean Poteete, 134 Lakeshore Drive. Zisk said that she is requesting permission to repair her wall by hand that is located along the pond. The Commission asked Zisk to contact her and have her file a Request for Determination to do this work.
2. Update on Mumford Road Conservation Land. Zisk said that the State and the Highway Department did a great job. The Commission asked Zisk to send a thank you letter.
3. NPDES Bylaw. The Commission will discuss this at their next meeting on 12/3/07 at 7:00pm. Chesley will send copies of the bylaw to Windoloski and Saunders.


EXECUTIVE SESSION MEETING MINUTES OF 10/1/07
After review, a MOTION was made by Van Roo to approve the Executive Session Meeting Minutes of Monday, October 1, 2007, as written, seconded by Brown. VOTE UNANIMOUS.


MEETING MINUTES OF 10/1/07
Chesley will review a portion of the tape and then the minutes will be approved at the next meeting.


MEETING MINUTES OF 10/15/07
After review, a MOTION was made by Van Roo to approve the Meeting Minutes of Monday, October 15, 2007, as amended, seconded by Brown. VOTE UNANIMOUS.


EXECUTIVE SESSION MEETING MINUTES OF 10/15/07
After review, a MOTION was made by Mosczynski to approve the Executive Session Meeting Minutes of Monday, October 15, 2007, as written, seconded by Dudley. VOTE UNANIMOUS.


SIGNED
1. Vouchers
2. Certificate of Compliance: Mass. Highway, Davis Street
ADJOURNMENT
At 9:35pm, a MOTION was made by Brown 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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