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BRIMFIELD CONSERVATION COMMISSION
MEETING 3/27/2012 @ 7:30 PM
Members Present: Matt Toth, Ian Lynch, Roger deBruyn, Joe Collins, Lee Goodspeed
Meeting Opens: 7:38 PM – Ian Lynch
7:38 PM Public Inquiry: Zach Lemieux Brimfield Highway
Zach Lemieux, of the Brimfield Highway Department, attended the meeting to address the commission about a blanket/bundle NOI for the town. Zach received models NOI’s from the towns of Sandersfield and Williamsburg and was planning on adjusting them to fit the needs of Brimfield. The NOI will be for road maintenance and repair, tree removal, spraying, culvert replacement; but determining what else to include is problematic.
Zach addressed the main issues currently are:
1. Identifying the resource areas
2. Determining what should go in the NOI
3. Conducting work in the meantime, before the permit is issued
Angela will help Zach with determining the resource area, identifying endangered species habitats and impaired waterways and will also help Zach with any maps he may need to make
8:10 PM Violation: Richard Cayer 59/61 Haynes Hill Road
An Enforcement Order (EO) was issued on site to the properties owned by Mr. Richard Cayer on Thursday April 5, 2012 at approximately 4:30 PM by Ian Lynch and Angela Panaccione. At the request of the commission and required in the EO Mr. Cayer attended tonight’s meeting.
Mr. Cayer stated that he contacted the BCC several times in request of an extension on his current order of conditions. Mr. Cayer never received a response. He brought in several copies of letters and emails sent to the commission requesting an extension that were presented as exhibits A-C. Mr. Cayer was in “emergency clean-up” mode and did not even consider the fact he may have needed a permit for his work.
Several abutters attend the meeting to raise their concerns about the work Mr. Cayer had completed.
Gene Smith, of 71 Haynes Hill Road, discussed the history of the land and believes the properties should have never been approved to be built upon or developed to begin with. She addressed the issues that any work done on the land negatively impacts the entire water system and affects all surrounding properties.
Cindy Caron, of 65 Haynes Hill Road, stated that Mr. Cayer crossed the property boundaries while doing work, and the tracks left by the heavy equipment have filled with water and is negatively affecting the construction of her new home.
Paul Watson, of 50 Haynes Hill Road, stated that Mr. Cayer should have known better. He himself received a forest cutting permit for the clearing of his land after the tornado. He stated Mr. Cayer should receive some sort of fine for his numerous violations. Mr. Watson also informed the commission that he has spotted salamanders on his property and Mr. Cayer’s property should also be considered endangered species habitat.
Christopher Rabbit, of 55 Haynes Hill Road, also attended the meeting as an abutter. Mr. Rabbit had brought a copy of the WPA regulations which he cited for Mr. Cayer to further stress the violations Mr. Cayer has committed.
All the abutters said they have called and notified the commission and other officials several times since the tornado about Mr. Cayer’s clearing work.
Motion made by Roger deBryun at 8:53 PM to ratify the EO
Motion seconded by Lee Goodspeed
Further Discussion: The language of the EO was changed from the original EO issued, along with the date for completing the required erosion control measures. Two separate NOI should be required from Mr. Cayer: one for the work done/to be done and the second for restoration of the site. The EO issued will be for full restoration of the site. Mr. Cayer must immediately stabilize the two sides of his property and was advised to hire an environmental consultant to complete the restoration. No other work or clearing is allowed until the proper permits are in place.
No further discussion – vote taken at 9:14 PM – 5 yes 0 No 0 Abstain
Motion Carries
9:25 PM Public Hearing: NOI Duane Adams DEP # 117-3016 – Single Home Construction
Mark Farrell attended the meeting as the representative for Mr. Adams. He presented the plans, informed the commission the wetlands were flagged, the driveway was cut, and the land was staked.
The BCC requested Mr. Farrell make sure what is staked is clearly identifiable and to be sure the leach field is properly represented. A site visit was scheduled for Saturday March 31, 2012 at 9:30 AM.
Motion made by Roger deBruyn to continue the hearing to 7:45 PM on Tuesday April 10, 2012
Motion seconded by Matt Toth
No further discussion – vote taken – 5 yes 0 no 0 abstain
Motion Carries
9:46 PM Public Hearing: NOI James Hopkins DEP # 117-0310 – Septic – Ian Lynch Opens hearing
Joe Collins recues himself from the meeting to attend as an abutter.
Brimfield Board of Health has still not approved a septic plan for Mr. Hopkins. Carol Warren will notify Angela Panaccione when said permit is approved.
Motion made by Roger deBruyn to continue the hearing to 7:50 PM on Tuesday April 10, 2012
Motion seconded by Lee Goodspeed
No further discussion – vote taken – 4 yes 0 no 0 abstain
Motion Carries
9:48 PM Public Meeting: RDA Department of Conservation & Recreation – Septic Riser Repair
The DCR filled an RDA to replace the two risers on their septic tank at their headquarters on Dearth Hill Road. Pictures were supplied of the damaged risers. The project is simple and will require only the use of a small bobcat, there is no danger to the wetlands and pond. During the replacement the septic tank will be inspected as well. If the tank is in need of replacement the DCR will file an NOI.
Motion made by Joe Collins at 10:00 PM to close the meeting and issue a Negative Determination, checking box 3 with the condition that if the septic tank needs to be replaced, the DCR will file an NOI
Motion seconded by Matt Toth
No further discussion – vote taken – 5 yes 0 no 0 abstain
Motion Carries
10:05 PM Public Hearing: NOI Kerri Polakowski DEP # 117-0318 – Septic – Ian Lynch Opens
Kerri Polakowski attended the meeting with her husband, Anthony Polakowski. They presented their plans to add a deck and two sets of stairs to their new home construction. They were issued a negative determination for the work previously, but a condition was if the plan was to be altered they would re-file. Mrs. Polakowski stated in the future she would be putting in a retaining wall where the silt fences are currently in place. It was recommended by the commission that she add this to her current NOI, since that would require an additionally filling. The Polakowski’s said they would modify their current plans to include the retaining wall and bring it to the next meeting for review.
Motion made by Joe Collins at 10:32 PM to continue the hearing to 7:30 PM on Tuesday April 10, 2012
Motion seconded by Matt Toth
No further discussion – vote taken – 5 yes 0 no 0 abstain
Motion Carries
10:30 PM: Sign Payroll – Ian Lynch Opens
Motion made by Matt Toth to sign payable voucher for Angela Panaccione in the amount of $598.50 for 32 hours. $299.25 from account 01-0171-5114 and $299.25 from account 14-0171-4382 for the pay period of 3/11/2012 to 3/24/2012.
Motion seconded by Joe Collins
No further discussion – vote taken – 5 yes 0 no 0 abstain
Motion Carries
10:34 PM Sign Payable Voucher: Stonebridge Press
Motion made by Matt Toth to sign the payable voucher to Stonebridge Press in the amount of $88.10 for the past due amount on our account. One was from April 4, 2011 (DiFabio) and the other was from August 16, 2011 (Navarro). The BCC will pay the past due amount and Angela Panaccione will contact Mr. DiFabio and Ms. Navarro about payment, which will in turn be deposited into our account.
Motion seconded by Joe Collins
No further discussion – vote taken – 5 yes 0 no 0 abstain
Motion Carries
Meeting adjourned 11:02 PM
Motion made by Matt Toth to adjourn at 11:02 PM
Motion was seconded by Lee Goodspeed
No further discussion – vote taken – 5 yes 0 no 0 abstain
Motion Carries
Sincerely Submitted
Angela Panaccione, BCC Assist.
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