CONSERVATION COMMISSION MEETING
Meeting Minutes of Tuesday, March 17, 2009
Meeting Room #1- 7:00 PM
Chairman David Johnson called the meeting to order at 7:00 PM. Present were Commissioners Peter Izyk, Robert Ring and Donald Duffy. Also present were Conservation Agent Sheryl Becker and Principal Clerk Mary Watson recording the minutes. Members Vincent Yurkunas, Harry Johnson and Matthew Trybus were absent.
There were no public hearings scheduled.
Brian Sullivan was present to speak to the PCC about the recent purchase of Parcel 3, Smith Street, Palmer and also known as Assessors Map 21 Lot 3. This property was issued an Order of Conditions in December 2007 to Todd Ely for improvements to Smith Street in order to access the parcel.
Donald Frydryk of Sherman and Frydryk Land Surveying and Engineering was present and stated that the same scope of work would be done on the property.
B.Sullivan stated that he would be interested in Chapter 61B Forestry program, which would reduce the assessed value of the land on its use for open space or recreation.
D.Duffy reminded the B.Sullivan and D.Frydryk of the two conditions in the OC of which state: a Deed Restriction shall be placed on the property, which prevents the property from being subdivided and the owner shall sign an affidavit wherein an understanding will be established that no building, alteration, landscaping, etc. will be done without the PCC having reviewed the proposed plans. The owner will agree to file whatever is necessary to receive proper certification from the PCC to accomplish the proposed alteration, etc.
Discussions were held pertaining to preserving the Pattaquatic region surrounding the property to open space and/or utilizing the Transfer Development Rights under Chapter 171 Zoning for the Town of Palmer.
The PCC asked B.Sullivan to contact them once work has begun on the site.
The PCC signed the negative determination for the Request for Determination of Applicability (RDA) for Meadowbrook Green Condominiums located on Meadowbrook Lane, Palmer.
7:20 PM-Joe Barbeau of Barbeau and Associates was present to speak to the PCC regarding the Enforcement Order against John Lizak for the property located on Shearer Street and Thorndike Street, Palmer.
J.Barbeau presented a letter dated March 15, 2009 to the PCC in which Mr. Lizak has signed.
The letter states that Mr. Lizak has agreed to comply with the conditions of the EO and has named Peter Levesque of Pioneer Environmental, Inc as the environmental consultant. Pioneer Environmental will re-establish the boundaries of the Bordering Vegetated Wetland (BVW) on the site, as they existed prior to disturbance. Pioneer will attend the next meeting to be held on April 7 and present a plan indicating the wetland and buffer areas.
Discussions were held regarding drain maintenance with the Massachusetts Turnpike Authority (MTA).
S.Becker stated that she spoke with Linda Smith of the MTA regarding any records of maintenance and to check for aerial photos of the property prior to the turnpike.
D.Johnson stated he spoke with a maintenance person for the MTA and was told that the drains were cleaned three-years ago.
R.Ring stated that the PCC should concentrate on the EO. The MTA drainage issue should not be a concern for the PCC and should only be a concern for Mr. Lizak.
J.Barbeau stated that Mr. Lizak has given permission to go onto the land as stated in the letter.
R.Ring stated that there seems to be an area where a road has been created on the property and therefore Mr. Lizak would need to restore this area to its original state with plantings.
A motion was made by R.Ring to cease any additional fines against John Lizak as of March 5, 2009. D.Duffy seconded. The vote passed (4:0).
These fines were originally enforced due to the fact that Mr. Lizak did not meet the deadline of providing a wetland consultant.
The PCC discussed that if any other deadlines on the EO are not met; new fines would commence until the process has been followed through.
7:43 PM-Scott Gustafson, Fire Chief for Bondsville, was present to discuss with the PCC the process for installing dry hydrants.
Scott stated that the dry hydrants are proposed for the corner of State Street and Emery Street, Bondsville and at Camp Stanica.
Discussions were held regarding the filing of an RDA, the process and a surveyed plan that would be needed.
Meeting Minutes of March 3, 2009-A motion was made by R.Ring to approve the minutes as amended. P.Izyk seconded. The vote passed (4:0).
The PCC reviewed the Construction Report #16 for Knox Pond Condominium project located on 1094 Thorndike Street, Palmer. Keith Terry of Sherman and Frydryk Land Surveying and Engineering provided the report dated March 4, 2009.
There were no other project news updates.
D.Duffy presented a letter dated March 17, 2009 to the PCC. The letter states that he has received a complaint about the Riverbend Condominiums located in Bondsville of an overflowing dumpster which results in animals going through the dumpster and trash being blown down the riverbank.
M.Watson stated that she would forward the letter to the Board of Health.
D.Johnson stated he would visit the site.
The Wetland Bylaw Committee met last week and R.Ring provided a draft version of the bylaw for the members.
Discussions were held pertaining to the changes made and new changes that are needed to the bylaws.
R.Ring stated that he recently took a walk up to the Midura property and has noticed there has been a lot of ATV activity at the site.
The PCC discussed having signs posted on the site against ATV activity or having the police department monitor the site on the weekends.
A motion was made by R.Ring to adjourn. D.Johnson seconded. The vote passed (4:0).
Respectfully submitted,
Mary Watson
Principal Clerk
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