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HomeMy WebLinkAboutCCMeetingMinutes_01.26.11 Conservation Commission Meeting Minutes January 26, 2011 Members Present: Louis A. Napoli, Chairman;John J. Mabon, Vice Chairman;Deborah A. Feltovic;Sean F. McDonough;Douglas W. Saal;Albert P. Manzi, Jr.(arrived at the meeting at 8:05 PM). Member Absent: Joseph W. Lynch, Jr. Staff Members Present: Jennifer A. Hughes, Conservation Administrator;Heidi M. Gaffney, Conservation Field Inspector;Donna M. Wedge, Conservation Secretary. Pledge of Allegiance Meeting came to Order at: 7:05PM Quorum Present. General Business 242-1498, Modification Request, Shawsheen River (Sewer Project) (Woodard & Curran) Vonnie Reisof Woodard & Curranstates that the applicant is seeking a modification to clear an additional access path between the tracks and the Shawsheen River to be able to access the final sewer manhole. Due to electrical issues on the MBTA line in this area the town is unable to access this final manhole from the tracks. Mr. Mabon discusses how the process works with the railroad as well as the timing being during frozen ground conditions and how long the work will take. Ms. Reisdiscusses that the work would take about 30days to complete and will be done during winter months to minimizethe disturbance within the riverfront area. A motion to grant the modificationismade by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Photos of area taken at 1/3/11 site visit o Woodard & Curran sheet C-01 overview Plan o Pictometry AerialPhoto o 242-1410, Modification & COC Request, 129 Berry Street (Lot 1N-A) (One Hundred Fourteen Trust) (cont. from 12/15/10) Mr. McDonough recuseshimself, asanabutter totheproject. The applicant Pribhu Hingorani of One Hundred Fourteen Trust, and Timothy Barlow, Builder for the applicant are present. The administrator discusses the changes that were made to the driveway and that the closest point to the wetlands is now 35’. Mr. Barlow states that the driveway change came about after discussions with the DPW. He states that it wasn’t safe to put the driveway in as proposed. Mr. Mabon states that the deck is also an incursioninto the No-Build Zone. The administrator reviews the original house footprints that were approved and states that the deck is within that footprint. Mr. Mabon discusses the driveway and the issue with giving a waiver. Mr. Hingorani discusses the very large replication that has been done for his Berry Street project and feels that that is adequate mitigation. Mr. Mabon and Mr. Hingorani discuss what should be done about the driveway. Mr. Barlow states that Mr. Willis from the DPW said that the driveway should be moved because of a large tree in the way of the line of sight. The commission discusses the driveway. Ms. Feltovic states that any changes required by another board or town official should always be in writing. Mr. Saal discusses the 40B status of the project and states that Mr. Barlow and Mr. Hingorani need to ask first before any construction occurs outside of the approved plans. Mr. Mabon states that there are lots of questions still to be answered and that more information is needed from the applicant and that the site is also not stabilized at this time. The applicant requests a continuance to the February 9, 2011 meeting. A motion to grant the request for a continuance totheFebruary 9, 2011 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Documents: As-Built Plan revised 1/7/11 o modification plan dated 2/17/10 o Photos dated 11/23/10 o 242-1428, Modification Request, Lot 4N-A Turnpike Street (One Hundred Fourteen Trust) (Patrick C. Garner of Garner Company, Inc.) (cont. from 12/15/10) (Request to cont. to 2/9/11) Mr. McDonough recuses himself, as an abutter totheproject. The applicant Pribhu Hingorani of One Hundred Fourteen Trust and Timothy Barlow, Builder for the applicant are present. The administrator states that planshave beensubmitted totheZoning Board of Appeals and the Building Department do not match our record plans. New planshave beensubmitted but we arewaiting forasummary of changes and the potential need for additional stormwater review. The applicant has requested a continuance. A motion to grant the request for a continuance to the February 9, 2011 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Documents: Revised plans sheets 2, 3, 5 and 6 of 20, Dated December 27, 2010 o Mr. McDonough returnsto the meeting at 7:54PM. 242-1308, COC Request, 1025 Osgood Street (Great Pond Crossing, LLC, c/o John Grasso) (MHF Design Consultants, Inc.) The applicant John Grasso of Great Pond Crossing,LLC is present. The administratordiscusses the project and states thatthe applicant has completed all outstanding items including stormwater cleanout, no-snow stockpiling signs, guard rail and maintenance of the drainage system. A motion to issuethe COCandrelease the bondismade by Ms. Feltovic, seconded by Mr. McDonough. Vote unanimous. Documents: Letter from MHF Design Consultants, Inc. dated December 14, 2010 o O & M Plan certification letter dated November 30, 2010 o Appendix A-Affidavit o WPA Form 8A-Request for COC for DEP#242-1308 o As-Built Plan dated 12/15/10 o Grading Drainage, Erosion Control & Utilities Plan proposed last revised 11/15/06 o 242-266, PCOC Request, 18 Campion Road (Stratouly) (William D. Cox Attorney at Law) (Request to cont. to 2/9/11) The administrator states thatthe applicanthasrequesteda continuance to the 2/9/11 meeting due to a time conflict tonight. A motion to grant the request for a continuance totheFebruary 9, 2011 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: PCOC request form and letter from Attorney William D. Cox. o 242-1296, PCOC Request, 27 Abby Lane (Lot 4) (Flood Law Office) The administrator states that thislot is not within 100-feet of a resource area. A motion to issueaPCOCfor 27 Abby Lane ismade by Mr. Mabon, seconded by Ms. Feltovic. Documents: Letter from Attorney Flood dated December 23, 2010 o WPA Form 8A -PCOC request form o 242-1394, PCOC Request, 85 Milk Street (Murphy) (Sullivan Engineering Group, LLC) (cont. from 12/15/10) The administrator discusses the history of the site and that a modification was issued at the lastNACC meetingbringing the lot into substantial compliance with the approved plan. The commission discussesthe deck. A motion to issue aPCOC for 85 Milk Street is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Sullivan Engineering letter dated November 29, 2010 o As-built plan dated November 22, 2010 o Copies of proposed plan sheet 2 of 3 o Public Hearings: Request for Determination of Applicability (RDA) 810 Salem Street (Curry) (Merrimack Engineering Services,Inc.) Matthew Meuse the applicant’sbuilder is present. Mr. Saal reads the legal notice The administrator reviews the project. Mr. Meuse discusses the proposed expansion of the deck. A motion to issue a negative determination #3 is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: WPA Form 1, RDA with associated documents o Sketch plans received December 28, 2010 o Photostaken 12/14/10 o Proof of mailings o 75 Johnson Circle (Actis/Blint)(cont. from 12/1/10) (Request to cont. from 2/9/11) The administrator states thatthe applicant is requesting a continuance to the February 9, 2011 meeting. A motion to grant the request for a continuance to the February 9, 2011 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Request for continuance o Notice of Intent (NOI) 242-1405, 140 Academy Road (Patenaude) (Andover Consultants, Inc.) (cont. from 12/15/10)(Request to cont. to 3/9/11) The administrator states thatthe project is before the Planning Board for review under the Stormwater Bylaw. The applicant is requesting a continuance totheMarch 9, 2011 meeting. A motion to grant the request for a continuance totheMarch 9, 2011 meeting made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Request for continuance o 242-1507, 169 Gray Street (Raitt) (Merrimack Engineering Services, Inc.) (cont. from 12/15/10) Mr. Saal readsthe legal notice. The applicantsFrancis & Ellen Murphy of 169 Gray Street and John Raitt, owner of Quality Design Pools, are present. The administrator reviews the project and states thatthe proposed in-ground pool and associated patio areaislocated outside the 50-foot No-Build Zone. There is a block patio and pergola that were constructed in the buffer zone in 2008 without a permit. The patio and pergola are outside of the 50-foot No-Build Zone and the applicant is seeing after-the-fact approval for these items. Mr. Raitt states that there is no need for stockpiling on the site. Mr. Mabon discusses that the wetlands have been flagged by Norse Environmental Services, Inc. but to verify the wetland line with all the snow would be very tough withthe current frozen ground conditions and the wetland line should be verifiedbefore issuing an Order of Conditions. Mr. Manzi discussesthat the wetland linecannotbe verifiedwith2-feet of snow out on the ground and the Conservation Commission can not approve the wetland lineuntil it can be verified. Mr. McDonough discusses that the fence, shed, stockpiling area anddewatering area needs to be shown on the revised plans. The applicant requests a continuance to the February 9, 2011 meeting. A motion to grant the request for a continuance totheFebruary 9, 2011 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Revised NOI with a revised project narrative and revised plans dated January 10, o 2011, Photos taken 12/10/10, 2005 and 2008 GIS aerials. o 242-1491, 1003 Osgood Street, (Osgood Properties, LLC) (MHF Design Consultants, Inc.) (cont. from 12/15/10) (Request to cont. to 2/9/11) The administrator states thatEggleston Environmental reviewed the project and that the applicanthassubmitted new materials on January 20, 2011 which have not yet been reviewed. The applicant requests a continuance to the next meeting. Amotion to grant the request for a continuance to the February 9, 2011 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Request for continuance o 242-1492, 1679 Osgood Street (GMZ Realty Trust) (Jones and Beach Engineers, Inc.) (cont. from 12/15/10) (Request to cont. to 2/23/11) The administrator states that revised plans and a response letter were received prior to the submission deadline. The changes included revisions to stormwater documentsandtothe O&M Plan. Eggleston Environmental has not yet had time to review the changes. The applicant requests a continuance to the February 23, 2011meeting. A motion to grant the request for a continuance totheFebruary 23, 2011meeting is made by Mr. McDonough, secondedMs. Feltovic. Vote unanimous. 242-1479, 15 Lorraine Avenue (Breenmore Realty Trust) (The Neve-Morin Group, Inc.) (cont. from 10/13/10) (Request to cont. to 2/9/11) The administrator states that the abutters have not yet been re-notified.The applicant requests a continuance to allow time for the abutter notification. A motion to grant the request for a continuance totheFebruary 9, 2011 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. 242-1480, 14 Lorraine Avenue (BreenmoreRealty Trust) (The Neve-Morin Group, Inc.) (cont. from 10/13/10) (Request to cont. to 2/23/11) The administratorstates thatthe alternativesanalysis still being completed.The applicant requests a continuance. A motion to grant the request for a continuance totheFebruary 23, 2011 meetingismade by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. 242-1503, 1857 Great Pond Road (Galizio) (The Neve-Morin Group, Inc.) (cont. from 12/15/10) The administratorstates thatthis was continued administratively for 4 weeksdue to the holiday meeting gap. A motion to closethe public hearingand issue a decision within 21 days is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. NACC#80, 1801 Turnpike Street (Genesis Health Ventures, Inc.) (Land Planning, Inc.) (cont. from 12/15/10) NormanG. Hill of Land Planning, Inc. is present. The administrator briefly discusses the changes that have been made and states that a stamped copy of the plan is needed. Mr. Hill states that the parking area has been reduced and is not outside of the 75’ No-Build Zone to the Vernal Pool. He states that roof runoff will be infiltrated. A motion to close the hearing and issue a decision within 21 daysismade by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Mr. Hill stamped the plan at the meeting. Documents: Plans for Facility Expansion of Sutton Hill Center last revised 12/8/10 o 242-1506, Railroad Corridor (Massachusetts Electric Company) (AECOM) (cont. from 12/15/10) The applicant Joshua B. Holden of National Grid, Alicia Robinson of Seekamp Environmental Consulting, Inc., Dagher Fouad of National Grid, Siona Patisteas of AECOM, Thomas Keouch of AECOM, Paul Carroll of MBTA andScott Darling of MBTA are present. The administrator states that therequired documentation has been submitted and the wetland delineation has beenreviewed and several changes were made. The plans have been updated.NHESP has also issued letter determining no adverse impacts from the project. Mr. Holden and Mr. Fouad discuss the need for the project and detail the electrical issues and the interference that is occurring. Mr. Manzi questions the need for the lines. Mr. Fouad discusses in detail the need for the lines and states that there are no plans to add additional or new cables or to replace poles. Ms. Robinson discusses the review of the wetland delineation, which was completed by Michael Seekamp, and the changes that have been made. She states that there were additional areas seeping from the hill and that AECOM has agreed with the second review of the wetland areas for this project. There will be no additional impacts despite the additional resources. Mr. Mabon discusses thedigging along the railroad tracks and how they will handle the wetland crossing areas. Mr. Manzi states that this is a large project and the need for it is complex and that he will need to have some time to take the information home and review it closely. The applicant requests a continuanceto the February 9, 2011 meeting. A motion to grant the request for a continuance totheFebruary 9, 2011 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: Delineation Review Letter from Seekamp Environmental Consultants, Inc.dated o December 15, 2010 Division of Fisheries & Wildlifeletter dated December 17, 2010 o AECOM cover letter dated December 21,2010 o Alternative Analysis dated December 21, 2010 o Wetland DelineationReview dated December 15, 2010 o Counterpoise Project Plans sheets G-1, C-1, and C-4-10, sheets 8-10 of 16 o Decisions NACC#80,1801 Turnpike Street The administrator reviews the drafted Order of Conditions. The commission discusses having the applicant certify the vernal pool, using a qualified monitor. A motion to issuethe Order of Conditionsas draftedand amendedismade by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. 242-1503, 1857 Great Pond Road The administrator reviews the drafted Order of Conditions. The commission discusses the waiver of the 50’ No-Build Zone to allow for the porch. Amotion to issuethe Order of Conditions as drafted and amended ismade by Mr. Mabon, seconded by Ms. Feltovic Vote 4to 1 (Mr. McDonough opposesthe project) A motion togrant toadjourn the meeting at: 9:30PM made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous.