MONDAY JULY 16, 2001

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1 CONSERVATION COMMISSION MEETING MINUTES MONDAY JULY 16, 2001 The meeting was called to order at 7:10pm. ATTENDANCE Chairwoman Marylynne Dube, Leon Mosczynski, Richard Downs, Eric Virostek, Robert Zurowski, Linda Brown (Consultant), Stephen Zisk (Planning/Conservation Agent), William Cundiff (Town Engineer) and Maria Chesley (Administrative Secretary). Michael Yacino absent. Also present was Katherine Nadeau of Wetland Works, Inc. 7:15 PM PUBLIC HEARING CONTINUED: ARNOLD VILLATICO (NOI) Southwest Main Street Kevin Quinn from Quinn Engineering sent a Memo dated 7/16/01 via fax received at 5:34pm, requesting an extension of their Public Hearing for Arnold Villatico. Katherine Nadeau present from Wetland Works, Inc., who did an inspection and a report of her findings. At 7:25pm, a MOTION was made by Zurowski, seconded by Downs to continue the Public Hearing on Monday, August 6, 2001, at 7:00pm. VOTE UNANIMOUS. ORDER OF RESOURCE AREA DELINEATION: SIGNED 1. Pride Real Estate Development Corp, Southwest Main Street 7:30 PM PUBLIC MEETING: RICHARD & LEAH LATIMER (RDA) 18 Conservation Drive, Lot #9 Owner Richard Latimer present. Requesting permission to install a 15 x 30 aboveground swimming pool. The scope of work falls within 200 of the river; but is 180 away. Placement of hay bales is not necessary. At 7:35pm, a MOTION was made by Mosczynski, seconded by Downs to issue a Negative Determination of Applicability. VOTE UNANIMOUS. MEETING MINUTES OF 5/21/01 After review, a MOTION was made by Downs, seconded by Zurowski to approve the Meeting Minutes of Monday, May 21, 2001, as amended. VOTE UNANIMOUS. **Remaining Meeting Minutes on hold until the next meeting. 1

2 7:45 PM PUBLIC HEARING CONTINUED: JOHN NIEJADLIK (NOI) 44 Riedell Road Owner, John Niejadlik in to request a continuance of his Public Hearing for the next available date. Cundiff had sent a letter dated 7/12/01 to Niejadlik regarding Niejadlik s engineer s submittal and calculations. This letter was also copied to Brett Rekola, RES, Inc. (Niejadlik s engineer) and to Glenn Krevosky of EBT Environmental for their review. A MOTION was made by Mosczynski, seconded by Zurowski to continue the Public Hearing on Monday, August 6, 2001, at 8:30pm. VOTE UNANIMOUS. 1. Request for a Certificate of Compliance from Eugene DeJordy, 35 Church Street. A site walk was scheduled for 7/20/01 at 2:00pm. Dube, Mosczynski and Downs will attend. 8:00 PM PUBLIC HEARING: KEVIN BLISS (NOI) 358 Southeast Main Street (Septic System) Present were owner Kevin Bliss and his representative Scott Medeiros of Andrews Survey. Linda Brown recused herself because she is an abutter. DEP # Scope of work consists of the construction of a driveway and grading within the wetland buffer zone. Revised plan submitted dated 7/16/01. Site walk done on 7/9/01 by Dube, Mosczynski, Zurowski, Dudley, Virostek, Brown and Zisk. Discussion about the proposed stone wall being built by rocks on site; driveway to be paved to prevent erosion problems; structure of retaining wall which Bliss said that he would place hay bales as they construct the asphalt driveway. Cundiff said that the Policy requires a Flood Plain Map and Locus Map. Will fax a copy of the Policy to him. Also, Cundiff said that the cross pitch on the driveway is from right to left (east to west) toward the wetlands. At 8:20pm, a MOTION was made by Zurowski, seconded Downs to close the Public Hearing. VOTE UNANIMOUS. Medeiros will submit a Revised Plan showing a cross pitch. 8:20 PM PUBLIC HEARING: KEVIN BLISS (NOI) 136 Perry Street (Driveway Crossing & Septic System) Present were owner Kevin Bliss and his representative Scott Medeiros of Andrews Survey. DEP # Scope of work consists of the construction of a driveway crossing, single-family home, septic system and associated grading. Revised Plan submitted dated 7/16/01 along with calculations, which Cundiff wants to review. Site walk done on 7/9/01. Bliss wants to add a deck to the 2

3 house and will submit a new plan showing the 12 x 16 deck using sona tubes. Driveway to be paved with bituminous asphalt. At 8:35pm, a MOTION was made by Mosczynski, seconded by Dudley to continue the Public Hearing on Monday, August 6, 2001, at 8:45pm. VOTE UNANIMOUS. 8:35 PM PUBLIC MEETING: DOUGLAS SCHOOL BUILDING COMMITTEE (RDA) Elementary School Project 17 Gleason Court Present on behalf of the Committee was James Warren of Symmes, Maini & McKee Associates. Scope of work consists of the construction of a 5,000 gross square foot cafeteria addition to the existing elementary school. The existing modular classroom wings will be demolished and replaced with the cafeteria additions. It is Zisk s recommendation that the proposed project is not subject to the Wetlands Protection Act or the jurisdiction of the Town of Douglas Wetlands Bylaw. At 8:40pm, a MOTION was made by Zurowski, seconded by Mosczynski to issue a Negative Determination of Applicability. VOTE UNANIMOUS. 1. Received a Memo from Bill Cundiff, Town Engineer dated 7/9/01 regarding Forestview Estates Chapter 40B Subdivision. Cundiff said that a Tech Review Meeting was held on 7/11/01 and will keep the Commission informed. 8:45 PM PUBLIC MEETING: DOUGLAS SCHOOL BUILDING COMMITTEE (RDA) Middle High School Project 21 Davis Street Present on behalf of the Committee was James Warren of Symmes, Maini & McKee Associates. Scope of works consists of the construction of a 1,000 gross square foot cafeteria addition to the existing Middle/High School with associated site improvements within the limits of construction. It is Zisk s recommendation that the proposed project is not subject to the Wetlands Protection Act or is subject to the jurisdiction of the Town of Douglas Wetlands Bylaw. At 8:50pm, a MOTION was made by Downs, seconded by Mosczynski to issue a Negative Determination of Applicability. VOTE UNANIMOUS. 3

4 DISCUSSION: OTCO, INC., 39 OLD FARM ROAD Discussion regarding the approval of an Order of Conditions on this property. After discussion, a MOTION was made by Zurowski, seconded by Downs to issue an Order of Conditions contingent upon Planning Board approval to modify the Deer Crossing Definitive Plan for which this submittal is affecting. VOTE UNANIMOUS. The Order of Conditions will be signed at the next meeting. ORDER OF CONDITIONS: SIGNED 1. Douglas School Building Committee, High School Project, Davis Street 2. F & D Central Realty Trust, Inc., 100 & 102 Perry Street ORDER OF RESOURCE AREA DELINEATION: SIGNED 1. Pride Real Estate Development Corp, Southwest Main Street (Morse Pond Preserve) DETERMINATION OF APPLICABILITY: SIGNED 1. (Positive) Peter Opperwall, 34 Potter Road 9:00 PM EXECUTIVE SESSION: To discuss strategy with respect to litigation At 9:00pm, a MOTION was made by Mosczynski, seconded by Dudley to go to Executive Session to discuss strategy with respect to litigation. VOTE UNANIMOUS. The Commission will return to Regular Session. 1. Received a copy of a Preliminary Subdivision Plan entitled Tri-Town Industrial Park along with a Memo from Bill Cundiff stating that a Tech Board Review Meeting will be held on 7/24/01 at 6:00pm. The project shows a wetland crossing. 2. ACTION REQUIRED: Received a copy of a certified letter dated 5/24/01 to the Board of Selectmen from Suzanne Lussier, 296 Yew Street, requesting that her two-acre parcel be released from Chapter 61A. After discussion, a MOTION was made by Zurowski, seconded by Downs to choose not to exercise the right of first refusal. VOTE UNANIMOUS. Chesley to send a Memo to the Board of Selectmen. 4

5 DISCUSSION 1. Robin Brown Property, Yew Street. Dube said that she met with Mark Peterson & Associates. She said that a $100 retainer needs to go with the Purchase & Sale Agreement and also a check in the amount of $25,000 for the purchase of the property. Zisk was asked to get the checks through the voucher process. The Commission will also look into Zisk going to the closing on the Commission s behalf. 2. Dube said that the Town has applied for a grant for $1,000 through the Heritage Partnership Program to purchase signs for the Robin Brown property and the Commission will hear from them in September. 3. Forestview Estates Chapter 40B, Route 16, Webster Road (Vecchione ANRAD). This submittal will consist of 43 condominium units and 14 houses. Cundiff said that comments must be received by 7/18/01 and will forward to MHFA (Subsidized housing). ZBA implemented new regulations for Chapter 40B. 4. Arnold Villatico, Southwest Main Street. Cundiff and Zisk recommended that the Commission put restrictions on this property because it is close to the river and Wallum Lake State Park. 5. Smith Hill Estates Subdivision, off Northwest Main Street. Cundiff said that the detention basins were in deplorable condition and hay bales need to be replaced. Manholes are discharging into the wetlands and it needs to be cleaned up. Cundiff will follow-up. 6. Laurel Heights Subdivision, off South Street. Cundiff said that there are violations to the Order of Conditions associated with DEP # The DEP Stormwater management Policy relating to the Maintenance Schedule and Pollutant Removal has not been adhered to. A MOTION was made by Downs, seconded by Dudley to have Zisk issue a Violation Notice tomorrow by Certified mail and state that the area must be cleaned by no later than 7/25/01 at 12:00pm or the Commission will issue a $200 per day fine beginning on 7/26/01. VOTE UNANIMOUS. ADJOURNMENT At 10:10pm, a MOTION was made by Mosczynski, seconded by Downs to adjourn the meeting. VOTE UNANIMOUS. Respectfully submitted, Maria Chesley Administrative Secretary 5

TOWN OF BRIMFIELD CONSERVATION COMMISSION. Salisbury Annex Building, 2 nd Floor 23 Main Street Brimfield, Massachusetts 01010

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