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HomeMy WebLinkAboutCCMeetingMinutes_11.16.11 Conservation Commission Meeting Minutes November 16, 2011 Members Present: Louis A. Napoli, Chairman; John T. Mabon, Vice Chairman; Joseph W. Lynch, Jr.; Deborah A. Feltovic; Sean F. McDonough (arrived at 8:02 PM); Douglas W. Saal. Member Absent: Albert P. Manzi, 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: 8:00 PM Quorum Present. Public Hearings: 8:00 PM Request for Determination of Applicability 200 Sutton Street (In-Laws Inc., DBA Sutton Street Service) (Giles Surveying) Chip McAllister of In-Laws, DBA Sutton Street Service is present. The legal ad is deemed to be read. The administrator states that the applicant proposes to remove the existing gas tanks and dispose of them off site and no new tanks will be installed, the hole will be backfilled. The work is within Riverfront and within buffer zone to Bank. Mr. McAllister states that there will be an LSP on site during the tank removal and that the soil will be stockpiled on a plastic tarp and then removed off site. The administrator discusses the previous expired Order of Conditions, (DEP File # 242- 1015) and states that the infiltration trench that was to be installed under that OOC was not installed and Mr. McAllister wishes to install it now. Mr. McAllister discusses the previous Order of Conditions and the infiltration trench. Mr. McAllister states that he will need to follow the DEP and federal rules and regulations for the tank removal and that it will only take one day for the work to be done. Mr. Lynch discusses the infiltration trench. Mr. Mabon reviews the project and states that Mr. McAllister will need to have good erosion controls and monitoring. Mr. McDonough discusses why this filing is an RDA and not an NOI. The administrator states that the project has a limited scope and the work itself will only take one day to complete. are going to be stockpiled at all. e contractor. Soils need to be tested before removal. Mr. Lynch states that the tanks were installed around 1992 and the soils are not likely to be contaminated. Mr. McAllister states that the fire chief will be on site. A motion to issue negative determination #3 for the work as described including the installation of an infiltration trench as originally proposed under DEP# 242-1015, with pre and post construction meetings is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Request for Determination of Applicability and associated documents including a o hand sketch by the applicant DEP File #242-1015 (shows the detail of the construction of the infiltration trench o proposed to be completed under this RDA filing) Aerial photo o Proof of mailing received o 83 Olympic Lane (Golini) (Hancock Associates) The applicant Christopher Golini of 83 Olympic Lane and Alan D. Roscoe of Hancock Associates are present. The legal ad is deemed to be read (no abutters present). The administrator briefly reviews the project. Mr. Roscoe presents the project and states that it is for a deck replacement and enlargement. The administrator discusses the history of property development. Mr. Lynch states that it appears to be a net gain with the mitigation as proposed. Mr. Mabon asks about the pool filter and where the backwash discharges to and states that he would like to see a greater buffer zone between the pool backwash and the wetland. Mr. Roscoe states the deck could be cantilevered within the 50-foot No-Build zone to keep the buffer zone. The administrator states that the applicant will need to submit a landscape planting plan, and that the applicant should consider planting down the side as well. Mr. Mabon states the applicant should install a pipe to direct the chlorine backwash water away from the resource areas. The commission discusses the buffer zone possibilities and what to do with the pool backwash water. A motion to issue a negative determination #3 with the conditions of the applicant submitting a landscape planting plan, a detail of how he will address the pool backwash water and pre and post construction meetings is made by Mr. Lynch, seconded by Ms. Feltovic. Vote 5 to 1 (Mr. Mabon opposed) Documents: Application - Request for Determination of Applicability and associated documents o including a waiver request Sketch plan o Associates, dated 11/4/11 Photos dated 11/10/11 o Proof of mailing received o Notice of Intent (NOI) 242-1533, 16 Berry Street (Fiore) (Goldsmith, Prest & Ringwall, Inc.) (cont. from 11/2/11) (Request to cont. to 12/7/11) The administrator states the applicant is requesting for a continuance to the December 7, 2011 meeting. A motion to grant the request for a continuance to the December 7, 2011 meeting is made by Ms. Feltovic, seconded by Mr. McDonough. Vote unanimous. Documents: Request for continuance o 242-1537, 50 Johnnycake Street (McElroy) (LJR Engineering) The John McElroy of 50 Johnny Cake Street and Luke J. Roy of LJR Engineering are present. A motion to waive the reading of the legal ad is made by Mr. McDonough, seconded by Mr. Lynch. Vote unanimous. The administrator states the proposal is for replacement of a failed septic system and that the reviewed wetland line appears to have been flagged conservatively. Mr. Roy presents the project, discusses the plan and the proposed location of the septic system. Mr. Lynch questions the placement of the system in relation to the groundwater. The commission discusses the system location. it could be located outside of the buffer zone. The administrator discusses that the wetland line is quite high and correcting the line will change how far the system encroaches on the buffer zone. Mr. Napoli states that there are alternatives to the proposed location of the system that need to be looked at. The commission discusses the location of the system and that there are potential alternatives. Mr. Roy reviews several alternatives and states that the water table plays a large role in the design of a system. Also they are trying to avoid a pump system. It is possible to get a variance to the water table. The administrator states there is brush pile that has to be removed and that the wetland is about 81-feet away and all work is outside of the 50-foot No-Build zone and the 25-foot No- Disturbance zone. The applicant requests a continuance to the December 7, 2011 meeting to review the alternatives. A motion to grant the request for a continuance to the December 7, 2011 meeting is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Application - Notice of Intent and associated documents o Plan o Engineering, dated 8/26/11 Photos dated 11/10/11 o Proof of mailing received o 242-1538, 622 Salem Street (Swimm) (Waypoint Surveying Services) The applicant David Swimm of 622 Salem Street is present. Reading of the legal ad is waived (no abutters present). The administrator reviews the filing and discusses the history of the site and the violations that currently exist. Mr. Lynch states that he does not like to see a violation on a fairly new house, when the homeowner is aware of the wetlands and the regulations, and states that the fill that was placed must be removed. Mr. Mabon states that the fill must be removed and the stone wall needs to be continued in this are to prevent future encroachment. The administrator states the applicant has paid the triple filing fee for an after the fact filing. Mr. Saal states remove the fill extend the boulder/field stone wall and add plantings in the field. The applicant requests a continuance to the December 7, 2011 meeting. A motion to grant the request for a continuance to the December 7, 2011 meeting is made by Ms. Feltovic., seconded by Mr. Lynch. Vote unanimous. Documents: Application - Notice of Intent and associated documents o Plan dated 5/2/11 revised 5/10/11 prepared by Waypoint Surveying Services with a o hand sketch of the new wetland line (delineated by Arrow Environmental, LLC) and the area of fill. Photos dated 3/23/11, 11/4/11 & 11/7/11 o 242-1480, 14 Lorraine Avenue (Breenmore Realty Trust) (The Neve-Morin Group, Inc.) (cont. from 8/11/11) The applicants Peter Breen & Kerry Breen of 770 Boxford Street, and John Morin of The Neve-Morin Group, Inc., as well as abutters David P. Merritt of 15 Hood Farm Road, Ipswich, MA 01938, and Michele Saracusa of 210 Andover Street are present. Mr. Morin reviews the comments from DEP and discusses the plans and the three proposed alternatives that have been submitted. Mr. Morin discusses alternative access options to back lot that were explored. Option A: proposes the house and driveway in same location as the original proposed o plan. The proposed wetland alteration has been reduced from 3,015 s. f. to 1,880 s. f. by incorporating a retaining wall as part of the wetland crossing. The wetland replication areas which result in a 2:1 total replication ratio. The relocation of the wetland replication area frees up upland area can be used for drainage systems that will be designed to mitigate for the proposed lot development to ensure that there is no increase in rate of runoff leaving the site after the lot is developed. The existing structures on the property are proposed to be razed under this option. Option B: involves the reconstruction of the existing dwelling, removal of existing o detached garage and the construction of an attached garage onto the existing dwelling the same size as the as the existing detached garage. The project also involves the reconfiguration of the existing driveway. A permit from the Zoning Board of Appeals will be required for the construction of the dwelling and proposed garage since structures do not comply with the required front setback. We would propose to alter wetlands to provide the required 50-foot setback from the structures to the wetland edge. This would result in a proposed wetland alteration of 4,850 s. f. with two proposed wetland replication areas totaling 9,720 s. f. 2:1 replication ratio. Option C: is the same proposal as design B with the exception the there is no o proposed wetland alteration. The dwelling would remain 18-feet from edge of the wetland, but the garage would be further from the wetlands than current garage. Option D: would involve placing dwelling on the large upland portion of the land o located on the easterly side of the wetland as proposed in Option A. The change is that the proposed drive would access the upland by traveling through 15 Lorraine Avenue and then crossing the wetlands in the vicinity of flags WF 78-WF-83. The driveway would continue to the proposed dwelling site approximately 25 feet from the wetlands. This option has already been determined to not be feasible. The Conservation Commission was poled to which option they preferred with a mix of preferences resulting in a hybrid between Options B & C. Mr. Saal prefers option A stating that it provides for the best house with less potential for impacts to wetlands by future homeowners. Mr. Mabon states that a comparison of wetland impacts and waiver requests for each option would be helpful. Mr. Lynch states the drainage ditch needs to be maintained to keep the water flowing naturally so there is no flooding on Carty Circle. The administrator discusses a hybrid option between B & C and asks Mr. Morin about the culverts proposed under Option A. Mr. Morin requests a continuance to the December 21, 2011 meeting. Mr. Breen asks if he has a right to do Option A, and if he proposed to reduce the house size and eliminate the pool if he could do Option A. The commission, Mr. Breen and Mr. Morin discuss the options further. A motion to grant the request for a continuance to the December 21, 2011 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Documents: Letter from The Neve-Morin Group, Inc. dated 11/4/11 o Plan of Land Showing Proposed site Development Option A, Option B, Option C o revised date 10/31/11 Proof of mailing received o 242-1531, 315 Turnpike Street (Merrimack College) (VHB, Inc.) (cont. from 10/26/11) (Request to cont. to 12/7/11) The administrator states that a site visit was conducted with Conservation Commission Members present and that the applicant requests a continuance to the December 7, 2011 meeting. A motion to grant the request for a continuance to the December 7, 2011 meeting is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Request for continuance o 242-1526, 285 Holt Road (Wheelabrator Technologies, Inc.) (Brown and Caldwell) (cont. from 9/14/11) (Request to cont. to 1/25/12) The administrator states that the applicant is requesting a continuance to the January 25, 2012 meeting. A motion to grant the request for a continuance to the January 25, 2012 meeting is made by Ms. Feltovic, seconded by Mr. McDonough. Vote unanimous. Documents: Request for continuance o Decision 242-1534, 500 Great Pond Road The administrator reviews the drafted Order of Conditions, the commission agrees that condition #58 requiring an interim as-built can be removed and reviews the remainder of the OOC. A motion to approve and issue the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. A motion to adjourn the meeting at: 10:30 PM made by Ms. Feltovic, seconded by Mr. McDonough. Vote unanimous.