Minutes of Meeting
September 29, 2011
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Fournier, J. Livingstone, R. Ballantyne, M. DePoto, A. Riordan, Associate Member, Nick Alfieri, Conservation Agent
Absent: R. Willis, M. Allen
There was a motion to accept the minutes of the September 1, 2011 meeting with 3 corrections. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion to accept the minutes of the September 15, 2011 meeting with 2 corrections. The motion was seconded and accepted with a vote of 5-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes
GENERAL BUSINESS
Enforcement/Legal: Franklin Landings - 301Union Street
Mr. Alfieri informed the Commission members that the applicant has removed the debris from the wetlands on the site, put down woodchips and the area has been restored.
There was a motion to close the Enforcement Order for 301 Union Street. The motion was seconded and accepted with a vote of 5-0-0.
There was a motion to release the fine on 301 Union Street. The motion was seconded and accepted with a vote of 5-0-0.
Public Meeting – Request for Determination – Algonquin Gas Transmission
Mr. Bruce Raine, Project Manager for Algonquin Gas Transmission, appeared before the Commission for natural gas pipeline maintenance work. Mr. Raine stated that the work is maintenance work mandated by the DOT. This work will be done off of Lincoln Street. The work will be performed in the buffer of the wetland. The applicant will not be accessing the location through the wetland but through the adjacent business. The work will take approximately 1 to 3 days to perform. The area will be restored after the work has been completed.
Mr. Raine gave the Commission members an overview of the project plans for the work and how it will be performed. The Commission Chairman questioned how the digging will be done. The digging will be done by hand and no equipment will be used. It was questioned as to where the soils will be deposited? Mr. Raine stated that issue is addressed in the letter submitted to the Commission.
There was a motion to issue a Negative Determination for the Algonquin Gas Transmission project with the 3 standard conditions; notify the Conservation Agent at the start of work, notify the Agent when the work is completed, do the work according to the plan. The motion was seconded and accepted with a vote of 5-0-0.
Discussion: Rules & Regulations - Use of Conservation Properties
There was a discussion among the Commission members regarding the Rules and Regulations for Town-owned Conservation lands which is permitted under Massachusetts law.
Mr. Alfieri presented some modifications which were requested by the Commission members at the last meeting. The Commission members reviewed and discussed these modifications. Some revisions were made at the request of the Commission members and these will be added to the final document.
Mr. Alfieri will make the required changes and have Mark Cerel, the Town Attorney, read and review it and receive his input. If it becomes finalized, then the Commission will have to appear before the Town Council so that they may get a Bylaw put in place so they can fine people.
EXECUTIVE SESSION
I move that the Conservation Commission go into Executive Session pursuant to Massachusetts General Laws Chapter 39, Section 23b(3) to discuss pending litigation. The Conservation Commission will return to open session solely for the purpose of adjourning the meeting. A Roll Call vote is required:
Jeff Livingstone - Yes
Jon Fournier - Yes
Regan Ballantyne - Yes
Marc Depoto - Yes
Andy Tolland - Yes
The motion carries with a vote of 5-0-0.
Signed Determination of Applicability
Determination of Applicability (Negative) Algonquin Gas Transmission – Gas Pipeline Repair
There was a motion to adjourn. The motion was seconded and accepted with a vote of 5-0-0.
The meeting adjourned at 8:20 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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