CONSERVATION COMMISSION MEETING
Meeting Minutes of Tuesday, May 5, 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, Donald Duffy and Matthew Trybus. Also present were Conservation Agent Sheryl Becker and Principal Clerk Mary Watson recording the minutes. Member Harry Johnson was absent.
There were no public hearings scheduled.
The PCC discussed the letter sent from Pioneer Environmental, Inc dated May 5, 2009 and signed by Heather Comee. The letter states that they have received the correspondence from the Department of Environmental Protection (DEP) regarding their findings for the Lizak property located on Shearer Street and Thorndike Street, Palmer.
Mr. Lizak has not contacted Pioneer Environmental to prepare the required restoration plan.
A letter dated May 1, 2009 was sent from Joe Barbeau of Barbeau and Associates outlining the next phase of work for Mr. Lizak.
A Notice of Noncompliance letter was received dated April 27, 2009 and signed by Robert McCollum, Wetlands Program Chief of the DEP indicating that Mr. Lizak would need to file a Request for Determination of Applicability (RDA) or a Notice of Intent (NOI) with the PCC.
Discussions were held regarding the timeline of the Enforcement Order and the next course of action needed by the PCC.
The PCC determined that a letter should be sent to Mr. Lizak asking to attend the next meeting on May 19. The letter should also state that Mr. Lizak should file an RDA.
Christine Beauregard whose property is located on 124 South High Street, Bondsville was present to discuss the clogged culvert located under South Main Street, parallel to First Street in which dumps into the Swift River.
Christine stated that she has been consistently cleaning out the culvert due to debris getting stuck in the grate. She asked the PCC who owns the culvert and who owns Lily Pond.
The PCC discussed speaking with the highway superintendent Richard Kaczmarzyk to clean the culvert.
The culvert had been installed when the Industrial Park was built; therefore research would need to be done to locate the original plan of the park and to locate the culvert on the plan to obtain ownership.
Draft Rules and Regulations for Commission Land-R.Ring stated that based on comments from the members, changes have been made and the draft has been sent to the Town Manager’s office for the attorney to review.
R.Ring stated that he spoke with the police department regarding the enforcement of PCC land and they will draw up a plan of the areas to be monitored.
A motion was made by D.Duffy to pass the draft version of the Rules and Regulations for Commission Land as amended. R.Ring seconded. The vote passed (5:0).
Meeting Minutes of April 21, 2009-A motion was made by P.Izyk to approve the minutes. M.Trybus seconded. The vote passed (5:0).
Wetland Bylaw Committee Update-R.Ring stated he attended a meeting on May 4 with Chris Curtis of Pioneer Valley Planning Commission, Town Planner Linda Leduc and Planning Board Chairman Michael Marciniec to discuss the Transfer of Development Rights (TDR) amendment to the Zoning Ordinance.
R.Ring provided the members with documents entitled Warrant Article to Establish a Conservation Fund, Smart Growth Water Protection Fact Sheet, The Massachusetts General Laws Chapter 40 Section 8C: Conservation Commission Establishment Powers and Duties and the Revolving Fund account information provided by the Town Account for the PCC.
R.Ring stated that the PCC has funds available under a Conservation Fund to use towards purchasing development rights and the PCC should consider buying certain developmental rights for larger parcels in town.
A motion was made by R.Ring to have a line item in the town budget of $ 100.00 for the purchase of open space. D.Duffy seconded. The vote passed (5:0).
Knox Pond Construction Report # 18-The PCC reviewed the report dated May 1, 2009 sent by Keith Terry of Sherman and Frydryk Land Surveying and Engineering. There were no concerns.
D.Johnson stated he visited the JT Brown gravel pit located on Ware Road and the siltation basin on side of road has little sand and looks good.
R.Ring stated he met with Amy Bourget from Framingham State College regarding her summer biology research program with the PCC to conduct tests on the various streams in town.
S.Becker stated she received a call from DEP regarding Burleigh Estates Subdivision Superseding Order of Conditions.
Discussions were held pertaining to the site and the file would need to be researched on the next course of action needed.
8:09 PM-A motion was made by R.Ring to adjourn. M.Trybus seconded. The vote passed (5:0).
Respectfully submitted,
Mary Watson
Principal Clerk
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