REGULAR MEETING MINUTES
February 8, 2010
Members Present: Joe McGrath, Mark Coakley, Wendy Lonstein, Charlene Franz, Chip Burkhardt
Members Absent: Jeffrey Walsh
Others Present: See Sign-In Sheet
Recorder: Melanie Rich
COMPASS POINTE ESTATES, LLC – PUBLIC HEARING (continued) – Notice of Intent and Stormwater Control Permit Application (Main and Sewall Street – Compass Pointe) Construct a portion of a subdivision roadway and two detention basins within the buffer zone of Spruce Pond to the north and a red maple shrub swamp to the south.
James Venincasa attended. He supplied an updated set of plans, several inspection reports and volume calculations. Peer review is needed before discussions can take place. Mr. Venincasa was told he is required to deposit $5,000 to the monitoring account in addition to paying all outstanding invoices. The applicant requested a continuance. J. McGrath motioned to accept the request for continuance; W. Lonstein seconded; all agreed. It will be continued to March 15th at 7:15 p.m.
HABITAT FOR HUMANITY – PUBLIC HEARING (continued) – Notice of Intent (1 Mill Road Circle)Construct a two-unit duplex/condo.
James Tetreault was in attendance for the applicants. He feels it is permissible as a single family home with restrictions and limiting impacts as much as possible because the lot was created prior to 8/1/96. The Commission’s concern is a single family home vs. a duplex. Mr. Tetreault contacted Martin Jalonski (DEP) along with numerous DEP employees. Jeff Walsh also contacted DEP and spoke with Mr. Jalonski. Mr. Jalonski said it should be permissible as a duplex as long as it does not have any more impact than a single family home. An alternative analysis was performed and the lots were found not to be comparable because the habitat land is donated. After further discussions, the following special conditions were proposed: (31) Should Habitat for Humanity sell the
property to more than one homeowner in the future, all conditions and encumbrances required by this Order shall be passed on to both homeowners. The Commission requires proof that this condition has been met in the form of Registrations at the Worcester County Registry of Deeds which shall be provided to the Commission at the time of sale. (32) The Condominium / Homeowner’s Association agreement shall have in its bylaws language approved by the Commission referencing the restrictions in the Order of Conditions. An executed copy of the By-laws shall be provided to the Commission. (33) The Commission has approved the construction of a Duplex in this case due to the fact that the impact of the proposed project shall not be greater than that of a single family home. Any work done in future which shall increase the impact of the project, such as construction of an addition on the proposed structure, or construction of supplementary structures, shall
not be permitted. (34) The owner or his/her agent shall place six 4” x 4”concrete posts and metal markers approved by the Commission, as shown on the approved plan, “Sewage Disposal System Plan; 30 October, 2009”, to delineate the limit of the protected area. These monuments shall define a no-disturb zone for both units and both homeowners. (35) No organic waste, generated from landscaping or normal yard maintenance, including animal waste, shall be disposed of in the protected area. (36) The Commission requires the submittal of an approved septic plan prior to any work. Should the Board of Health require modifications to the site plan; the applicant will present such changes to the Commission for approval. C. Burkhardt motioned to close the Public Hearing; J. McGrath seconded; all agreed. C. Burkhardt motioned to issue a standard Order of Conditions with Special Conditions #31-36 as proposed; M. Coakley seconded; all
agreed.
COMMISSION BUSINESS
Vouchers were approved.
M. Coakley motioned to approve the Meeting Minutes dated January 19, 2010; J. McGrath seconded; all agreed.
Correspondence was reviewed.
Address email from Paul McManus (EcoTec) regarding the recording of the Water District Order of Conditions – Mr. McManus will be advised that the Order can be recorded against the Water Department, Highway Department, gravel pit or the town.
Consider Request for Certificate of Compliance for Francis McKeary & Nancy Spadorcia (DEP #115-125) 44 Rocky Pond Road – Tabled until March.
Consider Request for Certificate of Compliance for Harmon Law Offices (Millin Family Trust) DEP #115-230 (1 Underwood Avenue) – Tabled until March.
J. McGrath motioned to adjourn; C. Franz seconded; all agreed. The meeting was adjourned at 8:45 p.m.
| 
