Meeting Minutes
Members Present: Morton Wheeler, Iora Alexander, Rick Whaley,
Thomas Hughes, Jane Purinton and
Kevin Avery
Members Absent: Patricia Fowler
Meeting Called to Order at
Building Permits:
Request to
sign permit for
Order of Conditions has been recorded.
Motion to sign permit by JP.
Seconded by IA. Unanimous.
Request to
sign building permit for
Order of Conditions has been recorded.
Bond to Lisa Pearson.
Motion to sign by IA. Seconded by
TH. Unanimous.
Minutes:
TH said on page 4-PH for
Jaffarian- he was not in favor. TH said
he voted negative.
TH move to continue voting
on minutes until page 4 is corrected.
Seconded by MW. Vote 4 in favor, JP abstained.
Motion to approve by
DW. Seconded by JP. Unanimous.
Motion to approve by
MW. Seconded by IA. Uanimous.
Chairman RW let those
present know that there has be request by applicants for continuances so they
have option to stay or leave:
Christ Peters,
Short,
& Albert Johnson,
Public Hearing: NOI, Francis &Rita Warcewicz, 153 &
Steve Epstein had a question is Commission continuing former or
commencing with new public hearing? He
also asked to see public hearing notice.
LP said that he (Mr. Warcewicz) had been sent one.
S.Epstein said they wanted to repair and restore existing driveway,
grading and using fill that is stockpiled if more is needed get from
S. Epstein stated that they came to Conservation Commission in good
faith. Conservation Commission does not
have jurisdiction over this land.
TH asked what the comments of DEP are RW read comments from DEPs file
number letter. RW read comments from DEP
report. TH said there are a couple of
different options. 1. Sort out
jurisdiction of wetlands let consultant go out. 2.
Approve let DEP fight out. TH
must approve and let DEP fight. KA said
this is DEPs war not ours. LP stated
that no review was done by our consultants just go by plans saying Not
Jurisdictional. Epstein do not know
what LP position is. RW said Mr.
Epstein, your not understanding what Lisa Pearson position is, is not for me to
edify. TH said to do properly we should
do #1 and have our wetlands consultant review.
TH asked do you have plans to delineate non-jurisdictional wetlands? Atty. Epstein answered yes. LP pointed out that even though not under our
jurisdiction DEP says that it is now.
Atty. Epstein said there is no jurisdictional pond there no wetlands
do not border on body of water. JP asked
why DEP has not looked at this. RW read
letter from DEP Ms. Morrison. KA this
letter does not mean hill of beans. Mr.
Epstein explained that there is no pond there.
DEP says look at our regulations and see who has jurisdiction. Any brook, fresh water, creek, stream
bordering on ocean. RW- motion.
Mr. Warcewicz said Supreme Court stated it is just because we won case
Supreme Court told DEP not to lie. And
you are continuing to lie. Dragged out
by DEP. IA said it sounds like you
already fought fight.
Warcewicz stated first notice was
Motion by JP to have Mary Rimmer review property. We are just going back and forth with letter
of 1986. IA said if the board feels this
is helpful I will second the motion. TH
said have her go out and look at flags first find out if they are
jurisdictional. KA we will just be here
again and again rehashing. TH if this is
on DEP wetlands maps then they are jurisdictional. JP said get a consultant out
there with DEP and walk land. Who will
pay Mr. Epstein said no for Mary Rimmer will entertain having consultant if
we have a choice of several. JP said she was sorry for Mr. Warcewicz and
asked TH how come DEP hasnt gone out.
TH couldnt say.
Vote 4 opposed 1 in favor-JP. TH
ask DEP to come out or put in there lap.
KA made a motion to put in DEPs hands.
Seconded by JP. JP asked can we
trust DEP to do the job? Mr. Epstein
most expeditious way to get DEP to look at site is for Board to follow
through approving with conditions. IA
asked do you want us to approve conditional that it be left as open space. 11.1 Acres single family hours and the rest remains
open space. Yes or No. Land to remain single family lot Mr.
Warcewicz said there are lots down back that can be used as house lots. TH said the thing is it belongs between them
and the DEP. LP said there own Wetlands
Scientist flagged that land.
Motion by KA prior approval stays/stands in effect and get the appeal
process moving and let DEP handle.
Seconded by TH for discussion. RW
said there two options Move on by approving or move on by denying. TH nothing saying this is jurisdictional. RW read DEPs comments. TH November letter written by Sprague the
boss. Vote MW in favor, TH in favor,
IA in favor, JP opposed, KA in favor, RW opposed.
TH motion to rescind vote taken. KA approve instead of ?
KA move to resend vote. Seconded
by TH. 4 in favor, 2 opposed.
KA motion to approve with original conditions; except not the condition
of DEPs comments. Seconded by TH also resubmit time table
changes for planting. In favor IA, TH,
KA, and MW.
RW opposed. JP opposed.
Public Hearing: NOI, Christopher Peters,
Request to continue to
Motion to continue by KA to
Public Hearing: NOI, Brian & Joanne Short, 82 &
Request to continue to
Motion to continue by KA to
Public Hearing: NOI, Albert
Johnson,
Request to continue to
Motion to continue by KA to
TH said meeting after meeting neighbors show up need commitment - on
Table for two weeks and take action even if not present.
Letter to be mailed to Albert
Johnson.
Public Hearing: NOI, Richard McQuire,
Public Hearing: NOI, Katherine Gagnon,
Remove existing and replace with 1300 sq. ft. majority on pilings. KA said size of structure removing and size
putting back encroaches on marsh. TH
the issue is set backs of current structure not encroaching on no build zone. Applicant asked how board would feel about
deck hanging over. TH no disturb need
to have deck coming out of there. TH needs
to go back to ZBA maybe change side lines.
IA right now extending quite a bit further. TH may have to come forward. KA just move back wall. TH said cantilever decks maybe. TH good argument with ZBA how would you
feel about trading shed for space? TH
nothing could be closer than 40 foot. TH
cantilever deck. TH we have been making
people move houses to stay out of 24 foot zone. RW said when they have the
land. KA safety of house put sonar tubes
in. TH suggest go to zoning. KA fairly easy answer ask for variance to
move closer to the road special permit for existing non-conformance. Applicant asked if zoning does not approve
what to do to get it approved. TH
suggestion go to ZBA. Motion to
continue to
Public Hearing: NOI, William Sobolewski,
Public Hearing: NOI, William Sobolewski, 26 Cable Avenue RW
take both Public hearing together since they are on same
plan.
Mr. Sobolewski steel pilings four catch basins. IA asked gravel parking lots. Mr. Sobolewski
said there is a chain link fence there now.
Will put in cedar trees- then fence. RW said Ariel photos what fence
are you talking about tree fence? DEP
says no sand preventing walls around parking lot. Mr. Sobolewski said he could put in 2, 2, 2. IA asked do you have any drawing. RW if possible a Conservation Commission
question where does the water go once filled up? Applicant said there will be perforated holes
in barrels. TH asked where is the ground
water table? Applicant said Hargraves
was Engineer said no problem with draining dry lots. TH elevation of lot? TH only thing I am uncomfortable about is you
might be putting drain basins in water table.
Applicant said Joe Serwatka suggests.
TH if you had dug a hole and it was dry we could have said O.K. TH elevation is approximately 7.8. RW when are you going to put in man holes? Dig
one and we can take a look. Motion to
approve by KA contingent on manholes being dry not in water table. IA something on paper planting plan. Applicant said he had built condos at
Public Hearing: NOI,
Janet Miller,
Representative Mr. Babbin stated that there were three mobiles one
mobile is paid for by Department of Mental Health.
New Business:
No representative present.
Conservation Commission told secretary to send letter to Matt Palis
saying they would be happy to take a look or have MR look.
Motion by IA Certificate of Compliance issues meet financial
obligations and MR finish review by
..Withdrawn.
TH motion to continue to spring and need
..TH not consider issuing
Certificate of Compliance until MR does follow up review and financial
obligations are met. Seconded by
JP. Unanimous.
OLD BUSINESS:
Mr. & Mrs. Robert
Sinasky, Request for Certificate of Compliance,
No representative present.
Motion by JP to file this request until we hear form applicant. Seconded by MW. Unanimous.
Mr. Palmisano waiting for letter from DEP.
Mark Christ,
No representation. Motion by JP to
send letter. Seconded by IA. Unanimous.
Send letter to Mr. Decie regarding status of
restoration plan.
Motion by JP. Seconded by IA. Vote 4 in favor, MW abstained.
Request for amendment to
Order of Conditions, Barcelos, 400 North End
No new information from representative R. Laffely. Remove from agenda.
Jeffery Smith,
No new information.
LP said the enforcement order was for paving and lawn.
105 Bridge , Enforcement Order
No representative. LP said that
there is a new owner for this property.
Conservation Commission
Agent Lisa Pearson
Regarding Paving Policy:
RW said we need law on
books and hearing.
Pave over new or
existing must rip up and replace with pervious. Notify all contractors and paving companies in
area. TH repair entrance off street
patch? RW we Special Meeting or 1 hour
before next meeting. Work shop to
discuss issues of paving regulations then have public hearing.
Put on agenda for next
meeting
SITE INSPECTION REPORTS:
Bodenrader 162 North End
Blvd Enforcement Order (Status Rimmer)
RW said we would probably not be able to do anything with this.
Conservation Commission signed two enforcement orders that had been voted
on at the previous meeting.
Motion to adjourn by JP
Seconded by IA.
Meeting adjourned at
Approved