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Conservation Commission Minutes 10/06/09
CONSERVATION COMMISSION MEETING
Meeting Minutes of Tuesday, October 6, 2009
Meeting Room, Town Administration Building- 7:00 PM

Chairman David Johnson called the meeting to order at 7:00 PM.  Present were Commissioners Donald Duffy, Peter Izyk, Matthew Trybus, Christine Beauregard and Robert Ring.  Also present was Principal Clerk Mary Watson recording the minutes.  

There were no public hearings scheduled for this meeting.

Discussion items:

The PCC signed the Certificate of Compliance request for the Order of Conditions dated November 19, 1987 issued to Donald Labare of 52 Pinney Street, Palmer.

The PCC received a letter dated September 22, 2009 from Stanley Kmiecik requesting a Certificate of Compliance for the property located on 4 Beech Street, Palmer.

A motion was made by P.Izyk to issue the COC for 4 Beech Street, Palmer.  D.Duffy seconded.  The vote passed (6:0).

The commission reviewed and signed the Order of Conditions for 52 Pinney Street, Palmer.

A letter from Roger Woods and Co, dated September 21, 2009, was received requesting an extension until May 31, 2010 for the completion of the restoration area for the property owned by John Lizak on Shearer Street, Palmer.

Discussions were held regarding the timeline for the conditions pertaining to the Enforcement Order.

The PCC stated that Mr. Lizak has not submitted a planting plan and he would need to have a contract with an engineer by October 31, 2009.  The conditions on the Enforcement Order will not change until an engineer and planting plan are submitted.

Discussions were held regarding the new owner of the Footbridge Commons permitted property located on Emery Street, Bondsville.  The over 55 development has not commenced; however the property had been foreclosed and is now owned by Northborough Capital.

R.Ring stated he spoke with Kevin Gillis of Northborough Realty Holdings, LLC and the OC issued on October 16, 2007 would be valid until October 16, 2010.

R.Ring stated he read in the Palmer Journal of a legal notice pertaining to an oil spill at Palmer Tire-1217 Thorndike Street, Palmer.

There is a Request for Determination of Applicability from Raymond Recor of Elmon, LLC for the removal of an inactive septic system and contaminated soils located in the vicinity of the septic tank.  This hearing will be held on October 20, 2009 at 7:00 PM.

Meeting Minutes of September 15, 2009-A motion was made by R.Ring to approve the minutes as amended.  M.Trybus seconded. The vote passed (6:0).

Dauphinais Land Donation:

The PCC discussed the recent Town Council meeting regarding the land donation for the 8.45-acre parcel located on Boston Road and also known as Assessor’s Map 9 Lot 51.

A letter dated October 5, 2009 was received from Attorney David Martel stating that Dauphinais & Son, Inc are still interested in donating the parcel, since this issue was first requested by them in September 2008.

The Town Council tabled the land donation request at their meeting on September 26 to the next meeting on October 13.  In doing so, the TC was very concerned about contamination on the site and had requested soil samples.

C.Beauregard stated that she had researched the parcel based on the information that was received last year.

There is no record of an easement to do maintenance for spraying on the railroad.

C.Beauregard stated that since the TC is concerned about the contamination, the PCC should speak with the abutters if they have the same concern regarding the spraying.

C.Beauregard spoke with her staff at the U.S. Fish and Wildlife Services and created a checklist comparative to a level one contaminates survey used by the Service.

C.Beauregard indicated that according to the National Heritage Endangered Species Map there are no rare species in the area.  Also, according to the Environmental Protection Agency (EPA) website there are no known Brownfield’s within a mile.

The PCC discussed having a site visit.

D.Johnson stated that he would be on vacation from October 21 till November 3.

D.Johnson stated that he received information from Patty Gambarini of Pioneer Valley Planning Commission (PVPC) regarding the dams in Palmer.

Discussions were held regarding the public meeting in Belchertown regarding the Bondsville dam.

8:00 PM-A motion was made by R.Ring to adjourn.  M.Trybus seconded.  The vote passed (6:0).

Respectfully submitted,


Mary Watson
Principal Clerk










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Town of Palmer 4417 Main Street, Palmer, MA 01069
Phone: (413) 283-2603 Fax: (413) 283-2604