CONSERVATION COMMISSION MEETING
Meeting Minutes of Tuesday, June 16, 2009
Meeting Room #1- 7:00 PM
Vice-Chairman Donald Duffy called the meeting to order at 7:00 PM. Present were Commissioners Peter Izyk, Robert Ring, Matthew Trybus and new member Christine Beauregard. Also present were Conservation Agent Sheryl Becker and Principal Clerk Mary Watson recording the minutes. Member David Johnson and Harry Johnson were absent.
7:00 PM-Notice of Intent for herbicide and algaecide application on the pond located at Meadowbrook Green Condominiums, 51 Meadowbrook Lane, Palmer.
Present were Lee Lyman of Lycott Environmental and Richard Benoit, President of the Meadowbrook Green Condominium Association.
L.Lyman provided the PCC with a letter dated June 12, 2009. The letter was written to Michael Gorski, Regional Director of the Massachusetts Department of Environmental Protection (DEP) in response to the comments received from Mark Stinson of DEP dated June 3, 2009.
Discussions were held regarding the DEP comments and the nine concerns stated by Mark Stinson in the comments.
Discussions were held pertaining to the response letter sent by Lycott Environmental.
L.Lyman stated he has not received a response from Michael Gorski of DEP.
D.Duffy asked what the process would be for Lycott Environmental to apply the herbicide and algaecide to the pond.
L.Lyman stated that Lycott Environmental would need to get the license to apply the chemicals through DEP. He explained what chemicals would be used and how they would be applied. He also stated that per the DEP suggestion of Benthic Barriers, it would not work properly on the algae that are currently in the pond.
L.Lyman also stated that the material data sheets have been submitted with the application due to the negative determination that was issued by the PCC on March 3, 2009.
Discussions were held regarding DEP procedures for changing the process of applying herbicides in the state and how this change does not affect local conservation commissions.
R.Benoit respectfully requested an extension on the project to the next regularly scheduled meeting.
A motion was made by R.Ring to continue the Notice of Intent for Meadowbrook Green Condominiums. M.Trybus seconded. The vote passed (5:0).
The PCC stated that the hearing was continued due to the fact they are awaiting a response from Michael Gorski of DEP.
7:30 PM-John Lizak restoration plan presented by Pioneer Environmental, Inc.
Present was Heather Comee from Pioneer Environmental and Roger Woods, Land Surveyor.
H.Comee reviewed the timeline of events regarding the enforcement order issued by the PCC and indicated that Pioneer Environmental has located the edge of the existing tree line and the fifty (50) foot buffer. They have accessed all trees cut within the 50’ buffer and indicated that approximately 129 trees were cut.
The restoration plan includes the removal of logs and slash, replanting based on the list of species provided by Pioneer Environmental, the proposal of approximately 150 trees to be replanted and the addition of logs or rocks at the 50’ buffer edge along the cart path to prevent erosion as stated by H.Comee.
The list of proposed trees is the same that were removed, however not of the same quantity.
P.Izyk stated some of the scientific names on the species list are incorrect.
H.Comee stated she would provide and updated list with the correct scientific names to the PCC.
R.Ring stated that Mr. Lizak would need to submit a Request for Determination of Applicability (RDA) application.
H.Comee stated that Mr. Lizak would not need to file an RDA application unless any new activity would be occurring.
The PCC discussed the next steps needed after approving the restoration plan and that two-year monitoring reports would need to be submitted by the applicant.
D.Duffy stated that the PCC must be notified once plantings are complete. Pioneer Environmental must go to site to discuss location and review of plantings and the receipts of the plantings that would be used would need to be submitted for the file.
A motion was made by R.Ring to accept the restoration plan as amended and Heather Comee of Pioneer Environmental would provide the PCC the revised planting plan with the correct scientific names. P.Izyk seconded. The vote passed (4:1). Member M.Trybus opposed.
H.Comee provided the PCC with 4 sheets of the 1946 United States Geographic Systems (USGS) topography maps.
R.Ring stated that these maps could be stored in the Historic Commissions’ map case.
Meeting Minutes of June 2, 2009-A motion was made by M.Trybus to approve the minutes as amended. R.Ring seconded. The vote passed (4:0:1). Member C.Beauregard abstained.
S.Becker stated that D.Johnson had gone to a site visit at the Riverbend condominiums in Bondsville due to an erosion problem along the riverbank and that this item would be further discussed at the next meeting since D.Johnson is not present.
A report was received on June 16, 2009 from the Palmer Police Department regarding the enforcement of the Midura conservation land on Old Warren road in Palmer and other conservation lands.
R.Ring stated that a new draft version of the proposed bylaws had been provided in the members’ folders for review and that a public hearing would be needed to amend them.
A Forest Cutting Plan effective date of January 1, 2009 was received for 125 acres located on Robinson Road and owned by Breton Estates, Inc.
S.Becker stated that she had gone on a site visit with D.Johnson and there were no issues with the site.
A letter dated June 3, 2009 was received from DEP regarding the unstable site conditions at Burleigh Estates Subdivision located on Katie Lane and Old Warren Road, Palmer.
Discussions were held regarding the Order of Conditions issued by the PCC on June 2, 2004 as mentioned in the letter and how this OC does not pertain to the superseding OC issued by DEP.
R.Ring stated he would locate the file and research the information and the next course of action needed.
S.Becker discussed the letter dated June 9, 2009 that was sent to Becky Tingen. An anonymous complaint was received regarding tree cutting along the riverfront located on
94-96 Commercial Street, Thorndike and owned by Ms. Tingen.
There has been no activity within the 25’ riverfront area and the property owner, based on the letter submitted by S.Becker, is aware of what would need to be done if activity happens within this area.
D.Duffy read the letter dated June 9, 2009 from member Harry Johnson. The letter states that due to the fact that he can no longer perform some of the duties necessary to the function of the PCC that he respectfully requests to resign.
The PCC stated that Harry Johnson has been a long time member and he would sadly be missed.
R.Ring stated that the PCC should consider naming trails along the conservation land for past and present members.
M.Watson stated that the PCC received the Massachusetts Association for Conservation Commissions (MACC) dues in the amount of $ 203.00.
A motion was made by R.Ring to pay the MACC dues in the amount of $ 203.00. P.Izyk seconded. The vote passed (5:0).
8:32PM-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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