Minutes of Meeting
October 13, 2011
To: Town Clerk
cc: Members
File
Present: A. Tolland, J. Fournier, R. Willis, M. Allen, J. Livingstone, R. Ballantyne, M. DePoto Nick Alfieri, Conservation Agent
Absent: A. Riordan, Associate Member
There was a motion to accept the minutes of the September 29, 2011 meeting with 1 correction. The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No, 2 Abstentions.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
GENERAL BUSINESS
Minor Buffer Zone Activity: 4 Byron’s Way
Mr. David Wojnas, the contractor, and Mr. John Zicko, the applicant, both appeared before the Commission for the construction of stairs for the existing farmer’s porch. Mr. Alfieri informed the Commission that the wetlands are located more than 50 ft. from the proposed work.
There was a motion to issue a Negative Determination for 4 Byron’s Way subject to 3 conditions; notify the Conservation Agent before the work commences, notify the Agent when the work is finished and do the work according to the plan. The motion was seconded and accepted with a vote of 7-0-0.
Minor Buffer Zone Activity: 23 Hutchinson Street
Mr. Rayappa Gali, the property owner, appeared before the Commission to extend the existing fence to the rear end of his property. Mr. Alfieri informed the Commission members that there are no associated wetlands associated with the brook on the site; it is just a channel with flowing water. The Commission requested that Mr. Gali move the fence back 5 ft. off the back of the property line so as not to have it encroach into the 25 ft. line. Mr. Gali stated that he would like to remove some construction debris from the site as well.
There was a motion to issue a Negative Determination for 23 Hutchinson Street subject to 6 special conditions; notify the Conservation Agent before the work commences, notify the Agent when the work is finished, do the work according to the plan, the fence is placed 5 ft. off of the legally staked back of the property, the applicant is allowed to remove construction debris within Conservation jurisdiction and the applicant is allowed to remove the tree which has fallen down. The motion was seconded and accepted with a vote of 7-0-0.
Enforcement: 887 Lincoln Street – Restoration Plan
Attorney Harvey Trask and Mr. Charles Koshivas, owner of the property at 887 Lincoln Street, both appeared before the Commission for an enforcement matter. Mr. Alfieri informed the Commission that there are wetlands on Mr. Koshivas’ property and some trees have been removed slowly over a period of time. Mr. Alfieri issued an Enforcement Order requesting that either a forest stewardship plan or a farming plan for the property be submitted or that Mr. Koshivas appear before the Commission with a restoration plan.
There was a restoration plan submitted to the Commission but no forest stewardship nor farming plan. Attorney Trask informed the Commission that he has submitted an estimate for the replacement of trees.
Mr. Charles Koshivas gave the Commission an overview of the history of his farm and its operation. An estimate from a landscaping company with an estimated pricing for the tree replacement was also submitted. There were approximately 25 trees taken down; most of which were rotted or diseased.
Attorney Trask requested that the Commission waive the initial fine of $1,075.
The Commission Chairman questioned which species of trees were cut down and what species are planned to be replanted. It was questioned if the proposal for tree restoration is adequate replacement for the trees which were taken down. The plans depicts 25 trees to be replanted as restoration for what was taken down. Appropriate tree species for replacement was discussed.
The Commission will conduct a site walk on Sunday, October 16th at 10 a.m. so that they may see the property in order to get better informed on how to go forward with this matter. The best restoration plan will be determined by the Commission after the site walk.
Attorney Trask will appear on behalf of Mr. Koshivas at the next meeting on October 27th to check on compliance and obtain insight on how to proceed with the court matter and the fine.
Enforcement: 29 James Street - Ciampa
Mr. Alfieri informed the Commission members that he received an anonymous complaint that trees were being cut down and soil was being turned up at this residence, There are wetlands located behind the house. Mr. Alfieri visited the site and sent out a letter and an Enforcement Order to the property owner requesting that they appear at tonight’s meeting.
Ms. Carmella Ciampa, the homeowner, and Mr. Wayne Podzka, owner of Podzka Landscape, who was doing work at this property, both appeared before the Commission to address this letter and Enforcement Order. Mr. Podzka stated that he was not aware that there were wetlands on Ms. Ciampa’s property.
Mr. Podzka stated that he was putting in a new lawn for the homeowner. He also took down a tree for safety reasons as it had fallen from the recent hurricane.
The Commission Chairman directed the homeowner and Mr. Podzka to put haybales up as soon as possible to avoid erosion into the wetlands. The Commission will conduct a site walk of the property on Sunday, October 16th at 11 a.m. to obtain better information on how to proceed and to observe site conditions.
Mr. Podzka also informed the Commission that he would like to put wood chips across the back of the property as Ms. Ciampa wants a smaller lawn. The Commission members suggested putting in a natural wood chip buffer zone but will discuss this at the next meeting.
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 the revised copy of this document with the changes requested at the last meeting. The Commission members reviewed and discussed these changes and proposed some additional changes as well.
The matter of a separate policy statement was discussed and agreed upon. A few changes to the
document were made and the Commissioners requested that Mr. Alfieri make these revisions and bring it back to the next meeting. Mr. Alfieri will prepare a draft policy statement to be added to the first page of the document as well.
Signed Determinations of Applicability
Determination of Applicability (Negative) 4 Byron’s Way - Wojnas
Determination of Applicability (Negative) 23 Hutchinson Street – Gali
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0.
The meeting adjourned at 8:40 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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