CONSERVATION COMMISSION MEETING
Meeting Minutes of Tuesday, November 5, 2009
Meeting Room, Town Administration Building- 7:00 PM
Chairman David Johnson called the meeting of the Conservation Commission to order at 7:00 PM. Present were members Donald Duffy, Peter Izyk, Robert Ring and Christine Beauregard. Also present was Principal Clerk Mary Watson recording the minutes. Member Matthew Trybus was absent.
There were not public hearings scheduled.
Roger Woods was present to discuss the John Lizak Enforcement Order and the request for an extension on the plantings.
Heather Comee of Pioneer Environmental was supposed to attend the meeting to discuss this item with the PCC, however declined due to the fact that Mr. Lizak is not willing to pay for a contract with Pioneer Environmental.
The PCC stated that they would not grant the extension since the conditions in the EO have not been met. Including, the fine of $ 6600.00 has not been paid, the site walk never occurred and the lapse of a two-year monitoring plan by a wetlands specialist.
R.Woods stated that the EO is confusing in that the restoration plan was approved by the PCC, the site walk did occur and the only condition not met was the trees have not been planted. Therefore, Mr. Lizak was requesting an extension for the planting in a letter dated September 21, 2009.
R.Ring reviewed the EO II conditions with the PCC.
D.Duffy asked why the trees were not planted in the fall of 2009.
R.Woods stated that the trees have not been planted due to the heavy rains and that Mr. Lizak was injured.
Discussions were held regarding when to plant the trees.
R.Ring stated that the monitoring language in the EO II conditions is incorrect specifically the last sentence of the last paragraph which states:
- Mr. Lizak shall have the area monitored on a monthly basis by either the environmental consultant or himself, and submit a monthly report to the Commission.
The PCC discussed issuing a revised EO conditions due to the incorrect language of allowing “himself” to monitor the area.
A motion was made by D.Duffy to inspect the site located on Shearer Street and to give a detailed report at the next Conservation Commission meeting on November 17. R.Ring seconded. The vote passed (5:0).
Letter from Lessard Environmental-dated October 26, 2009 was received regarding the property located on 21 Wilbraham Street, Palmer.
Knox Pond Construction Report #24-dated November 2, 2009 was received from Keith Terry of Sherman and Frydryk Land Surveying and Engineering for the property located on 1094 Thorndike Street, Palmer.
Meeting Minutes of October 20, 2009-corrections were made to the minutes. The PCC would table these until the next meeting on November 17 since there were not enough members present to vote.
Request for Determination of Applicability for 1217 Thorndike Street, Palmer-the PCC reviewed the negative determination.
C.Beauregard stated that there should be additional conditions specifically stating that the applicant should notify the PCC seven days prior to work being done, no contaminated soils will be placed within 50 feet of the brook and the contaminated soils must be covered and surrounded by erosion control material.
Northborough Realty Holdings, LLC-for the property located on Emery Street, Bondsville and also known as Footbridge Commons.
This property received an Order of Conditions under the name of CJM Associates, however the new owner of the property, Northborough Realty Holdings, is requesting a copy of the original since the OC has never been recorded.
The PCC discussed the issue and determined that they would have a copy of the OC under the applicant CJM Associates and would re-sign.
Dauphinais Land Donation-for the 8.45-acre parcel located on Boston Road and also known as Assessor’s Map 9 Lot 51.
C.Beauregard stated that she received an email from the Town Manager dated November 5. The email states that the research regarding the site assessment has been provided to the Town Council prior to their meeting on Monday November 9. Matthew Streeter had been instructed by the TC to provide quotes on what it would take to have an environmental analysis/soil samples done on the property. The quotes range from approximately 2,500.00-$ 15,000.00.
The PCC stated that the landowner should be responsible for the assessment, not the town.
D.Johnson and C.Beauregard will be attending the meeting to discuss the issue with the Town Council on November 9.
Bills:
A motion was made by R.Ring to pay D.Johnson’s travel bill in the amount of $ 24.75. D.Duffy seconded. The vote passed (5:0).
A motion was made by D.Duffy to pay for the Massachusetts Association of Conservation Commissions Advanced Certification Program for Christine Beauregard in the amount of
$ 25.00. P.Izyk seconded. The vote passed (5:0).
R.Ring discussed the recent meeting of the Grand Trunk Trail Blazers.
8:04 PM-A motion was made by R.Ring to adjourn. D.Duffy seconded. The vote passed (5:0).
Respectfully submitted,
Mary Watson
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