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MEETING: Conservation
DATE:
June 23, 2010 - 07:00 PM |
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Minutes
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Minutes of Conservation Commission
June 23, 2010
Present were: Chair, George Kingston; Vice Chair, Martha Hamilton Colleen Foerster, Sheron Williams. Michael Salvon and Jody O’Brien arrived at 7:10 p.m.
Mr. Kingston read a press release that he wanted placed in the newspaper as follows:
Mrs. Mary Swords is retiring after 23 years of service as a Conservation Commissioner in the Town of East Longmeadow, and whereas she has led the Commission as a chair for a number of years, providing outstanding leadership and knowledge of the town, and whereas her tenure as a Commissioner, she has been responsible for the acquisition by the town, primarily by donation of almost 200 acres of conservation land and open space as well as supporting other acquisitions, The Conservation Commissioners would like to designate the 39± acres of town owned Conservation land between Meadow Road and Elm Street, formerly known as the Yeshiva property be designated as the “Mary Swords Conservation Area” and that a sign with that name be erected at the entrance to that property at the end of North Circle Drive.
The Commission voted unanimously (3-0) to approve the designation of land.
Public Meeting – Shaker Road & Pease Road, Roulier & Associates
Chair, George Kingston opened the public meeting and Sheron Williams read the legal notice into the record.
Mr. Kingston asked the representative to explain to the Commission what they are proposing to do.
Heather Comee of Pioneer Environmental said that they filed a request for determination for specific boundaries for the corner of Shaker Road and Pease Road which is about 42 acres across the street from Milton Bradley and nothing else is being proposed at this time. She said they delineated the boundaries based on soil and vegetation and it’s bordering vegetated wetland because it’s bordering on an intermittent steam and there is another steam that shows on the USGS map as perennial that flows parallel to Shaker Road. Ms. Comee said at this time they are asking the Commission not to make a determination on the status of the stream and in order to make that not perennial photographic evidence has to be gathered that it dries and they are just waiting to see if they can gather that data. If not then it will be presumed to be perennial. She said that a site walk was conducted with the Commission on June 21st and they had no changes to the boundary at that time but the Commission did have a question about the pipeline. Ms. Comee said that the pipeline has been discontinued for that portion of it so there’s no gas running through it.
Mr. Kingston said that when the Commission walked the property they saw the gas pipeline right of way is washed out and exposed in certain places. He said that they thought that the pipeline company should be aware of that if they were still putting gas through it, and it turns out they are not using it at this point so it’s not an issue. Mr. Kingston said that currently the developer Siva Development is not proposing anything specific and the Commission is not ruling anything specific. He said all they are doing is agreeing on where the wetland edges are and at some point in the future they may come back to the Commission with a plan for putting some house lots in there, but presently they are not doing that. Mr. Kingston said all the Commission is ruling on is where the wetland edges are that are highlighted in yellow on the plan. He said most of what goes behind the abutter’s houses is not being ruled on that evening but abutters are required to be notified. Mr. Kingston said that the Commission is not required to take questions at a public meeting but said that he would take a question if it’s relative to the edge of the wetlands.
Brian Nicholas, 339 Pease Road said there are two streams that are runoff and in the 50 years that he has lived there he has never seen the bottom stream empty. Mr. Kingston said that is what they are trying to determine if it’s perennial or not.
Mr. Kingston addressed the Commission for any questions. There being none and upon motion duly made by Sheron Williams and seconded by Michael Salvon, the Commission voted unanimously (6-0) to close the public meeting. Upon motion duly made by Sheron Williams and seconded by Michael Salvon, the Commission issued a positive determination that the boundary flags #W84 - W237 and X-1 to X-17 described in the reference plans are confirmed as accurate and the status of the stream along Shaker Road is undetermined.
Bill Bednarzyk, 29 Parker Street
Mr. Kingston asked Mr. Bednarzyk to explain what he is proposing to do. Mr. Bednarzyk said that he is proposing to take the material and move it about 50 feet out of the area that the Commissioners thought were the wetlands. He submitted a letter with background information with regards to the area that needs to be cleaned up and a summary of the plan he submitted. Mr. Bednarzyk asked the Commission if there were any more concerns that needed to be addressed and knows that they did discuss whether or not a bobcat would be able to do it. Mr. Kingston said that he will leave it up to him but the Commission doesn’t want the bobcat out in the swamp. He said one possibility is to get in there and hand shovel out the first 6 feet of it and another alternative would be to rent an excavator attachment for the bobcat to reach in and pull it out. Mr. Kingston said that it’s up to him how he does it but it needs to be done in a timely manner and suggested to the Commission that they issue an Enforcement Order. He said in doing that the Commission can specify specifically what it is he is supposed to be doing and how he is supposed to be doing it and give him a time frame. Mr. Kingston asked Mr. Bednarzyk if he thinks he could get it done by the end of October. Mr. Bednarzyk said that he believes that he could as long as he gets the equipment. Mr. Kingston said that he prepared an Enforcement Order and said the area is approximately 1,800± square feet. Mr. Bednarzyk asked the Commissioners that went to his house if what he wrote was right. Ms. Foerster said that she thinks it’s reasonable. Mr. Kingston said for the record he walked the site himself and Colleen, Sherry and Martha walked the site on June 10th and everyone agreed on what they saw on the site. He suggested issuing the Enforcement Order for the following:
• The owner shall immediately cease and desist from dumping more fill in
the wetlands area.
• Fill shall be removed to the level of the base of surrounding wetlands and the area shall be allowed to re-vegetate naturally.
• No power equipment shall be allowed to enter the undisturbed
wetlands. Removed fill shall be disposed of legally and a statement
of how and where it was disposed of shall be provided to the Commission
with receipts, if applicable.
• Project shall be completed by October 31, 2010. Applicant shall
apply for a Certificate of Compliance when the work is done.
• Applicant shall provide before & after photographs of the area in question.
ommisThe Commission thanked Mr. Bednarzyk for coming in and taking care of the matter.
Minutes
The Commission reviewed the minutes of May 12, 2010 and upon motion duly made and
seconded, voted (6-0) to approve them with edits.
The Commission reviewed the minutes of May 26, 2010 and upon motion duly made and
seconded, voted (6-0) to approve them with edits.
The Commission reviewed the minutes of June 9, 2010 and upon motion duly made and
seconded, voted (6-0) to approve them with edits.
Certificate of Compliance – 39 Rankin Avenue
Upon motion duly made by Michael Salvon and seconded by Jody O’Brien, the
Commission voted unanimously (6-0) to issue a Certificate of Compliance for
Mathew Graham, 39 Rankin Avenue, DEP File #150-345.
There being no further business and upon motion duly made the Commission voted
unanimously to close the meeting at 7:45 p.m.
For the Commission,
George Kingston, Chair
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