CONSERVATION COMMISSION MEETING
Meeting Minutes of Tuesday, November 17, 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, Matthew Trybus and Christine Beauregard. Also present was Principal Clerk Mary Watson recording the minutes.
There were no public hearings scheduled.
Roger Woods was present to discuss the John Lizak Enforcement Order for the property located on Shearer Street, Palmer. Also present and representing Mr. Lizak was Attorney Warren Thompson.
R.Ring and D.Johnson attended the site visit on Monday November 16 in which the trees have been planted.
R.Ring stated he is concerned that the site walk never took place with the environmental consultant and Mr. Lizak has not paid the $ 6600.00 fine to the town.
D.Duffy asked how many trees have been planted.
R.Woods stated that 160 trees were planted and tagged on the site.
Discussions were held regarding the monitoring requirement, which states in the EO III:
an environmental consultant is to perform monitoring of the restoration area for two consecutive growing seasons beginning on the first full growing season following the construction of the replacement area. There shall be at least two on-site inspections by the consult in each year of monitoring.
R.Woods stated that Mr. Lizak would have a consultant before the next meeting that will be held on December 1, 2009.
The PCC discussed the noncompliance issue with the Enforcement Order and stated to R.Woods that there are two main concerns. Including having a contract with Pioneer Environmental by the November 30 deadline and the fines must be paid to the town.
M.Trybus stated that there should be a specific time period of when the two inspections a year would occur.
R.Ring stated that the two inspections a year is a minimum and could be more if needed.
Discussions were held pertaining to the monitoring language in the EO and the exact steps to be taken if the planted trees do not grow.
The PCC stated that the allowance of anything over 10% of tree loss would need to be replaced if they are not sufficiently growing.
D.Johnson stated that a letter should be written advising Mr. Lizak that the PCC has approved the planting of the trees.
The PCC discussed the recent site visit held on November 16 at A1 Transmission located on Thorndike Street in which an abutter inquired that there are two large piles of dirt located in the back of the property.
D.Johnson stated that he and R.Ring went to the site and the piles are approximately 20’ high and 40’ long and the owner is also processing fill within 100’ of the buffer zone.
R.Ring stated that he would bring a Request for Determination of Applicability (RDA) application to the owner and they would have a week to fill out the application. If they do not comply an enforcement order would be issued and the Department of Environmental Protection (DEP) would be called.
The PCC reviewed the two letters from Lessard Environmental dated November 5 and November 10 for the property located on 21 Wilbraham Street, Palmer.
D.Johnson stated that he would conduct a site visit at the property.
The PCC discussed the letter dated October 30, 2009 from the Executive Office of Energy and Environmental Affairs (EOEEA) regarding the Five-Year Action Plan component of an Open Space Recreation Plan. This Action Plan may now describe the next seven years of open space and recreation activities and may be eligible for the Division of Conservation Services Grant programs for seven years instead of the current five.
C.Beauregard stated that she would contact Melissa Cryan of EOEEA.
The PCC reviewed the email dated November 17, 2009 regarding the major changes to the Wetlands Protection Act program.
Meeting Minutes of October 20, 2009-A motion was made by R.Ring to approve the minutes as previously amended at the meeting on November 5. M.Trybus seconded. The vote passed (4:0:2). Members D.Duffy and D.Johnson abstained.
The PCC discussed the November 5 minutes stating that a motion was never made to issue a new Enforcement Order for John Lizak’s property located on Shearer Street.
A motion was made by R.Ring to issue a new Enforcement Order III for John Lizak’s property on Shearer Street. D.Duffy seconded. The vote passed (6:0).
Meeting Minutes of November 5, 2009-A motion was made by D.Duffy to approve the minutes. P.Izyk seconded. The vote passed (5:0:1). Member M.Trybus abstained.
The next meeting for the PCC would be held on Tuesday December 1, 2009.
The PCC stated that they would wait to determine if another meeting in December is needed.
D.Johnson discussed the Town Council meeting that was held on November 9 regarding the Dauphinais Land donation for the 8.45-acre parcel located on Boston Road and also known as Assessor’s Map 9 Parcel 51.
C.Beauregard stated that she had presented the information to the Town Council, however a vote was not taken as to whether the town would accept the parcel as conservation land. The TC determined that a soil analysis would need to be done. The owner would be responsible for the cost that could be as much as $ 25,000.00. The Town Manager would contact the owner to inquire if they are still interested.
C.Beauregard stated that she would send an email to the Town Council for their next meeting.
D.Duffy reminded the PCC of their interest as first discussed in 2008 of the former Brainerd property owned by the Massachusetts Turnpike Authority to acquire 90 acres of landlocked land just north of the Pike to be used as dedicated open space.
D.Duffy stated that he and D.Johnson went on a site walk at the upper St. John Street tracks. He is interesting in presenting this information of the road to Brookfield to a historical group and to also propose a bike trail.
R.Ring stated that there are already two people interested in the Rail Trail Committee.
8:03 PM-A motion was made by R.Ring to adjourn. P.Izyk seconded. The vote passed (6:0).
Respectfully submitted,
Mary Watson
Principal Clerk
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