Conservation Commission Meeting Minutes

OPENING: The regular scheduled meeting of the Conservation Commission opened at 7:00 p.m.  Attendance is as follows:

 

7:00    Christopher Pratt, Chairman, opened the meeting.

Commissioner Pranka made a motion to accept the minutes of 05/15/17.  Commissioner Mizanoglu seconded the motion.  None opposed, the motion passed unanimously.

Mr. Jared Fisher

7:10 194 Berkshire Avenue -  RDA  

Mr. Fisher, representing Zale and Deborah Carter, explained that an RDA was issued and approved 4 years ago for an extension of a chain link fence.  The fence was not installed and the original RDA had since expired.  The fence will stop before the shore to allow access to the water along the shore line.

Chairman Pratt made a motion for a negative determination which will include a not to impede access clause.   Commissioner Mizanoglu seconded the motion.  None opposed, the motion passed unanimously.

Chairman Pratt and Coordinator Clark will conduct a site visit and install a stake in the location where the end of the fence can be installed.

Ms. Laura Lefebvre, Senior Project Manager

Mr. Mark Kasinakas, Senior Environmental Scientist

Mr. John Thomas

7:20  65 Feeding Hills Road - RDA   Ms. Lefebvre explained the solar project located off Feeding Hills Road.  The parcel is approximately 76 acres with approximately 22 acres for the solar panels.  The property is zoned Industrial and there will be a minimal view of the panels from the roadway.  A storm water study was conducted showing no diverse impact on the perennial stream as there will be no construction in the jurisdictional area of the stream, nor any construction in the bordering vegetated wetland or buffer area.  There will be a 16 foot wide gravel driveway within the existing footprint leading to the rear of the property.  The ground beneath the panels will be mowed, but there will not be any extensive ground maintenance.   As of this meeting, it has not been determined if the electrical connection to the street would be above or underground.  A majority of the property is very flat, so there will be no cause for grading.  The construction must be completed in this calendar year, and will take approximately 3 to 4 months.  

Commissioner McWilliams made a motion for a negative determination.  Chairman Pratt seconded the motion.  None opposed, the motion passed unanimously.

Mr. Randy Brown, DPW Director

Ms. Melissa Coady, Tighe & Bond

Mr. Alex Fagnard, Tighe & Bond

7:36 Congamond Road Project - NOI  Chairman Pratt opened the continuation of the Public Hearing.  Mr. Brown filed a Notice of Intent on behalf of the Town for work on Congamond Road in conjunction with Mass DOT.  Ms. Coady explained that an existing 15 foot pipe in a culvert will be extended with the discharge into the wetland area.  A site visit on 5/25/17 resulted in a determination that there was no defined stream channel.  The replication of extending the culvert pipe will be 2 to 1 for the disturbed area, and there will be no change in the elevation.  

Commissioner MacWilliams made a motion to close the hearing at 7:43 p.m.  Chairman Pratt seconded the motion.  None opposed, the motion passed unanimously.

Commissioner MacWilliams made a motion to approve the NOI with conditions.  Commissioner Mizanoglu seconded the motion.  None opposed, the motion passed unanimously.

Mr. Paul Fleury, Property Owner

Mr. Jon Goddard, R. Levesque & Associates

7:46 32 Sam West Road NOI (continued)    Mr. Goddard presented a revised plan showing a reduction in the building size from 60,000 square feet to 32,000 square feet.  The location of the building and parking area were also changed.  Variances were granted by the Zoning Board of Appeals for sideline and setback dimensions.  A drainage basin will be located outside of the 50 foot buffer zone.   Mitigation plantings will be located along the side of the building and along the slope.  There is a section of the property devoid of vegetation due partially to disturbance and ground water.  Fill will need to be brought to the site to level the parking area and a portion of the building.  A floor drain will be connected to a water/oil separator that will function as a tight tank.   Mr. Goddard will insert stakes where the building will be located so the Commissioners can conduct a site visit.  

Commissioner MacWilliams made a motion to approve continuing the hearing until June 19^th, 2017.  Commissioner Mizanoglu seconded the motion.  None opposed, the motion passed unanimously.

DISCUSSION

107 Point Grove Road  Enforcement Order.  Coordinator Clark stated that DEP will provide a translator to ensure that the property owner is aware of the conditions that need to be met to rectify the Enforcement Order.  The Commissioners would also like the restoration details to be in the property owner’s native language so there will be no misunderstanding as to what needs to be done to correct the violations.

Mr. Bill Derosia

146 South Loomis Street – Wetland Violation   A DCR stop order was issued to the property owners on May 23, 2017.  The 50% maximum cutting as required for cutting done within a wetland area was exceeded.  Mr. Derosia attended the meeting to explain his actions relative to the removal of trees at the location.  Mr. Derosia stated that most of the trees removed were dead as a result of the October snow storm.  There was no wetland vegetation at the site when the cutting began as it was a very dry summer.  Mr. Derosia intended to clean up the property and leave the rabbit huts that were previously installed.  Mr. Derosia stated that he will “give my word” that the area will look more like a forest park when he completes the restoration.  Chairman Pratt and Coordinator Clark will conduct a site visit at the location, however, they will need verbal permission from the land owner to enter the property.  There may be a natural spring at the site that may need investigating. The Commission agreed that the restoration could be done under an Enforcement Order to be issued.

8 Charles Johnson Road – Potential Violation  Coordinator Clark stated that R. Levesque confirmed that they will be representing Mr. Wilcox to submit a plan for the June 19th meeting.

642 College Highway – Potential Violation  Coordinator Clark stated that the business owner was looking to expand the area of usage and will attend the next scheduled meeting.  In the event no action is taken on the part of the business owner, an enforcement action will begin.   

   

 86 Point Grove Road   Coordinator Clark stated that R. Levesque confirmed that they will be submitting a NOI for construction on the property.

Eagle Scout Project  Coordinator Clark stated that a new project proposal would be to repair a bridge at the Sofonowski Land Preserve, and fabricate signs for the Rising Corner New England Scenic Trail. Commissioner Mizanoglu made a motion to approve funding to complete the projects.  Chairman Pratt seconded the motion.  None opposed, the motion passed unanimously.

Pro’s & Cons  The Commissioners discussed a letter to be issued to Mr. Fox, Select Board Chairman, Michelle Hill, Town Clerk, and the Attorney General, Division of Open Government concerning the May 16th Annual Town Meeting.  Attendees assumed the “pros and cons” of Article 17 handed out at the meeting were distributed by the Select Board.  The letter will detail all the “pros and cons” from the handout were erroneous and composed to deceive the voters.  The Commissioners will request that the Select Board take action to prevent this practice from happening at future meetings.

Mr. Jesse Saltmarsh

Noble Steed Conservation Reconstruction  Mr. Saltmarsh attended the meeting to discuss the open space for the Flexible Residential Sub Division.  There is approximately 50 acres behind lot #27 and approximately 50 acres abutting the solar farm that will be dedicated to open space.  A portion of the acreage contains endangered species.  Commissioner MacWilliams made a motion to sign the Conservation Commission Restriction on the open space for Noble Steed.  Commissioner Mizanoglu seconded the motion.  None opposed, the motion passed unanimously.

Farm Maintenance 709 College Highway  The Agricultural Commission issued a letter to Chairman Pratt confirming that the removal of a non-functioning metal pipe and replacing it with a PVC pipe that will not erode should qualify as Normal Farm Maintenance.  The existing metal pipe is rusted through and is blocked.  The Conservation Commissioners stated that they had no objection to the proposal and agreed that it should qualify as Normal Farm Maintenance.

   

Jet Skis North Pond  Coordinator Clark notified the Commissioners that a long time ban on jet skis on North Pond has been overturned by the State of Massachusetts Environmental Police Major Bollatta.  The Commissioners were never directly notified of the decision and have a concern over the ramifications relative to smaller watercraft accessing areas of North Pond and disrupting the vegetation.  North Pond is only 48 acres.  There is limited enforcement on the Congamond Lakes.  The Conservation Commission will issue a letter for a stay on eliminating the ban at least until a study can be done to Matthew Beaton, Secretary of Environmental Affairs.

Commissioner Pranka, a former lake resident, stated that the buoy’s placed to help eliminate wakes were actually being used by jet skier’s as a slalom run.

Mr. Andy Reardon, in attendance at the meeting, spoke out on his behalf as a jet ski owner.  Mr. Reardon stated that his jet ski accommodated three passengers, and was similar in size to a small boat which is not prohibited from North Pond.  Mr. Reardon made the comparison of prohibiting Asian drivers from being able to drive on the road.  The Commissioners agreed to approve the letter addressing environmental concerns.

  

Commissioner MacWilliams made a motion to adjourn the meeting at 9:02 p.m.  Commissioner Mizanoglu seconded the motion.  None opposed, the motion passed unanimously.

Respectfully submitted,

____________________________    

Jean Nilsson, Secretary