CONSERVATION COMMISSION MEETING
Meeting Minutes of Tuesday, September 15, 2009
Meeting Room, Town Administration Building- 7:00 PM
Chairman David Johnson called the meeting to order at 7:00 PM. Present were Commissioners Peter Izyk, Matthew Trybus, Christine Beauregard and Robert Ring. Also present was Principal Clerk Mary Watson recording the minutes.
7:00 PM-Continuation of the Notice of Intent for Donald Labare for the property located on 52 Pinney Street, Palmer.
Present were Donald Frydryk of Sherman and Frydryk Land Surveying and Engineering and the applicant Donald Labare.
D.Frydryk stated that based on the last meeting held on August 25, the permanent limit of work, delineated by boulders to be placed along the limit of work, has been shown on the northerly side of the property and is 15 feet northerly of the shed. Along with a permanent limit of work, delineated by boulders to be placed along the limit of work, has been shown on the westerly side of the property approximately 10 feet westerly of the proposed retaining wall.
D.Frydryk stated that a note has been added to the plan to request to remove fallen rocks and debris from the inlet to the culvert at the southeasterly corner of the existing driveway.
D.Frydryk stated that he has spoken to Richard Kaczmarczyk, acting director of the Department of Public Works (DPW), regarding the icing problem on the road. Mr. Kaczmarczyk had advised that there has not been a problem in recent years.
D.Labare stated that the problem had been corrected a couple years ago.
D.Johnson stated that a crown could be added to the driveway allowing the water to drain to the culvert.
D.Labare stated that he would add stone to decrease the flow of the excess rainwater.
C.Beauregard asked if there was a phasing schedule for the project.
D.Frydryk gave details of the phasing including the footings, driveway legwork, grading in the spring, building construction to begin in the late spring and the driveway paved once the building has been completed.
D.Duffy joined the meeting at 7:08 PM.
P.Izyk asked if there would be an increase of water to the swale on the northerly side.
D.Frydryk stated that there would be no increase in the impervious area along with no increase to the flow. The water would be diverted and intercepted before it reaches the foundation and would flow directly to the culvert.
Discussions were held regarding a condition on the Order of Conditions stating that the applicant is responsible for cleaning the culvert.
Steve Moskal, whose property is located on 85 Pinney Street, stated that he is concerned with the water being diverted around the house due to the fact that the stream has been overflowing in previous years.
The PCC stated that the project does not involve any increase of water to that area.
D.Frydryk sent a letter dated September 8, 2009 requesting that based on the original Enforcement Order issued to Mr. Labare on June 5, 2002, the PCC indicated that the work ordered to be completed under the EO has been satisfactorily completed.
Also, Mr. Labare received an Order of Conditions on November 19, 1987, and the applicant is requesting a Certificate of Compliance for this.
A motion was made by R.Ring to close the hearing for Donald Labare of 52 Pinney Street, Palmer. M.Trybus seconded. The vote passed (5:0:1). D.Johnson abstained.
A motion was made by R.Ring to issue the Certificate of Compliance for the Order of Conditions issued for 52 Pinney Street on November 19, 1987. M.Trybus seconded. The vote passed (6:0).
A motion was made by D.Duffy to lift the Enforcement Order issued to Donald Labare on June 5, 2002. M.Trybus seconded. The vote passed (6:0).
A motion was made by R.Ring to issue the Order of Conditions for 52 Pinney Street, Palmer with additional conditions. M.Trybus seconded. The vote passed (5:0:1). D.Johnson abstained.
Discussions were held regarding the additional conditions including:
- Applicant is responsible for cleaning the culvert.
- Crown to be placed in the driveway.
- No work to commence until the Order of Conditions has been recorded.
- Permanent limit of work to be delineated by boulders on northerly side of property.
- Permanent limit of work to be delineated by boulders on the westerly side of property.
Steve Moskal asked the PCC what would happen if the culvert couldn’t handle the additional water drainage and what can be done if the applicant is not cleaning the culvert.
The PCC stated that the water being diverted is not more detrimental; therefore the hearing has been closed and if the abutter is concerned, to contact the PCC to check on the site.
The PCC reviewed the amended Site Plan for Sherry Granger of 81 Flynt Street, Palmer.
As previously discussed at the August 25 meeting, the proposed building has been relocated to be outside of the 50-foot buffer zone.
A motion was made by R.Ring acknowledging receipt of the revised plan. C.Beauregard seconded. The vote passed (5:0:1). D.Johnson abstained.
The PCC reviewed the documents from Attorney Jeffrey S.Bohnet’s office requesting a copy of the Certificate of Compliance issued to Walter McClosky for the property located on Hickory Lane.
The PCC reviewed the pictures received from Lessard Environmental for the project at the Mapletree Industrial Park located at 21 Wilbraham Street, Palmer.
The PCC received a letter dated September 9, 2009 from Sherman and Frydryk for the Knox Pond Construction report #22 located on 1094 Thorndike Street, Palmer.
Discussions were held regarding the Town Council meeting of the Dauphinais land donation request from September 10, 2008. The TC had not acting on this request last year; therefore it will be presented at their meeting on September 28. This property is known as Assessor’s map 9 parcel 51 and is approximately 8.45 acres.
C.Beauregard stated that she is submitting pictures for the file that she has taken of 52 Pinney Street.
R.Ring stated that a letter has been submitted from Blue Star Equiculture located on Sykes Street at the Burgundy Brook Farm owned by Tom Roberts. They are requesting support for the purchase of the farm for their retired horses and have requested an appointment with the Massachusetts Department of Agriculture to discuss this purchase and requesting assistance to help them achieve their goals.
A motion was made by R.Ring to support the endeavors of acquiring the Burgundy Brook property located on Sykes Street for permanent farm use. C.Beauregard seconded. The vote passed (6:0).
The PCC reviewed the Annual Report for FY09 that has been submitted to the Town Manager’s office.
Bills:
A motion was made by M.Trybus to approve Robert Ring’s travel in the amount of $ 23.40. P.Izyk seconded. The vote passed (6:0).
A motion was made by R.Ring to approve David Johnson’s travel in the amount of $ 15.75. D.Duffy seconded. The vote passed (6:0).
R.Ring stated that he has spoken to Senator Stephen Brewer regarding the article in the Palmer Journal in which the Senator stated that the town departments should do their own due diligence for the proposed casino.
R.Ring also stated that the Historical Commission is considering designating the Old Center District as a historical site.
D.Johnson stated he had spoken with Richard Hamilton of the Nenameseck Sportsmen’s Club regarding the archery shoots. Mr. Hamilton advised that there is too much activity on the road during the archery; therefore the events would be taking place on the Nenameseck site as opposed to across the street on the PCC land located on Bacon Road.
7:55PM-A motion was made by R.Ring to adjourn. C.Beauregard seconded. The vote passed (6:0).
Respectfully submitted,
Mary Watson
Principal Clerk
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