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HomeMy WebLinkAboutCCMeetingMinutes_03.09.11 Conservation Commission Meeting Minutes March 9, 2011 Members Present: Louis A. Napoli, Chairman, John J. Mabon, Vice Chairman, Joseph W. Lynch, Jr., Deborah A. Feltovic(arrived at 7:40p.m.)Sean F. McDonough(arrived at 8:05p.m.) Douglas W. Saal. Members 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: 7:05PMQuorum Present. General Business 242-1410, Modification Request 129 Berry Street (Lot 1N-A) (One Hundred Fourteen Trust) (cont. from 2/23/11) The applicant Pribhu Hingorani of One Hundred Fourteen Trust, Patrick Garner of Garner Company, Inc, Kanayo H. Lala P. E., and Timothy Barlow, Builder are present. The administrator states thatthis modification should be for the deck and driveway. Mr. Garner presents the modification and reviews the square foot numbers and states that there is an overall reduction in impervious area. Mr. Lynch discusses the need for applicants to notify the conservation commission of any changes in the project before the changes are implemented. Mr. Garner states that the applicant now understands the need to notify the commission of even minor changes in the plans. Mr. Mabon discusses the issue of after-the-fact changes and that this is not the way things should bedone. Mr. Saal agrees with Mr. Lynch and Mr. Mabon’s comments. Mr. Napoli states that he is not pleased with how the driveway has been constructed so differentlyfrom the approved plans and would propose that it be removed and installed according to the original plans, but states that other commission members can weigh in. Mr. Garner discusses the driveway and how it was built different from the plans, and discusses the mitigation plan that has been done for the entire project and also states the project is a 40B. The administrator states thatthe driveway is 35-feet from the wetland resource area. The commission discusses the modification. A motion to grant theafter-the-factmodification for the deck and drivewayismade by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. Document: E-Mail submission detailing an overall decrease in impervious area on Berry Street o lots dated 3/9/11 Plan sheet with an analysis of the reduction in lot use, dated 3/9/11 o 242-1428, Modification Request, Lot 4N-A Turnpike Street (One Hundred Fourteen Trust) (Patrick C. Garner of Garner Company, Inc.)(cont. from 2/23/11) The applicant Pribhu Hingorani of One Hundred Fourteen Trust, Patrick C. Garner of Garner Company, Inc., Timothy Barlow,BuilderandKanayo H. Lala,P.E.are present. The administrator reviews the project changes. Mr. Garner reviews the need for the changes and discusses how they came about. Mr. Lynch questions the congested nature of the area and discusses snow, trucks and other items. The commission reviews the plans. Mr. Garner states that there is a net reduction in impervious area. Mr. Mabon states that he is ok with the changes. Mr. Napoli discusses that the decks would not ever be allowed to be enclosed because it would change the drainage of property. Mr. Napoli discusses the need for stabilization if the work is not going to progress at this time. The commission discusses the need for wetland markers behind buildings L & M. A motion to grant the modification is made byMr. Mabon, clarified by Mr. Lynch to state what the modification is forand states that there will be a covenant requiring the decks to remain open and that only gravel will be permitted to be underneath the decks, while the front porches will remain covered with roofs, seconded by Ms. Feltovic. Vote unanimous. Document: E/Mail dated 2/16/11 from Eggleston Environmental o Request for Determination of Applicability (RDA) 75 Johnson Circle (Actis/Blint) (cont. from 2/9/11) (Request to cont. to 4/13/11) The administrator states thatthe applicantrequestsa continuance to the April 13, 2011 meeting. A motion togrant the request for a continuance totheApril 13, 2011 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Document: E/Mail from the applicant requesting a continuance to April 13, 2011meeting dated o 4/13/2011 Public Hearings: 8:00 PM Notice of Intent (NOI) 242-1509, 858 Great Pond Road (Tracy) (Sullivan Engineering Group, LLC)(cont. from 2/9/11) Jack Sullivan of Sullivan Engineering Group is present. The administrator reviews the project. Mr.Sullivan discusses the projectand the proposed drywell.Reviewed by Planning Board consultant. A motion to close the public hearing and issue a decision within 21 daysismade by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Revised plandated2/23/11 242-1479, 15 Lorraine Avenue (Breenmore Realty Trust) (The Neve-Morin Group, Inc.) (cont. from 2/23/11) John Morin of the Neve-Morin Group, Inc is present. Abutter Michelle Saracusa of 210 Andover Street is present. The administrator reviews the project and states that the commission hasreceived a letter from abutter John H. Lennon of 30 Carty Circle. The commission reads the letter from abutter Lennon. Mr. Lynch states he understands the abutters concern and maybe he has not seen the drainage changes? The commission reviews the plans and states they are satisfied with the changes. Discussion of the sump outlet and the No-Disturb wall requirement Ms. Saracusa states she is concerned that there has not been more water table testing and discusses her concerns about the water. Mr. Lynch states that the water table is not the commission’s jurisdiction. Discussion of jurisdiction over sump pump location. Mr. Lynch states a slab would be a solution, but that it is beyond what the commission can require. Mr. Napoli states the house has been elevated above the water table. Mr. Napoli and Mr. Lynch state that the applicant has done everything hecan to meet all the requirements necessary to permit the project. A motion to close the public hearingand issue a decision within 21 daysismade by Mr. Mabon, seconded by Mr. Lynch. Vote unanimous. Discussion of ground water. A motion tore-open the public hearing is made by Mr. McDonough, seconded by Mr. Lynch. Voteunanimous. A discussion ensues withabutter Michelle Saracusa of 210 Andover Street regarding keeping the hearing open and requiring more groundwater testing. Mr. McDonough discusses where the commission’s jurisdiction lies and what they can and cannot require of the applicant. Mr. Saal suggests getting rid of the basement. Discussion of where sump pump will flow. Mr. Morin discusses cutting off the drain/berm. A motion to close the public hearing and issue a decision within 21 daysismade by Mr. McDonough, seconded by Mr. Mabon. Vote unanimous. Documents: The revised plans showing relocated sump pumps outlet dated 2/24/11 o Letter from abutter John H. Lennon of 30 Carty Circle dated 3/2/11 o 242-1504, 140 Academy Road (Patenaude) (Andover Consultants, Inc.) (cont. from 12/1/10) (Request tocont. to 3/23/11) The administratorstates thatthe applicant requestsa continuance totheMarch 23, 2011 meeting. A motion to grant the request for a continuance to the March 23, 2011 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Document: E/Mail from Thomas Patenaude for request for a continuance to March 23, 2011 o meeting dated 3/9/11 242-1510, 707 Turnpike Street (Kmiec) (Christiansen & Sergi, Inc.) (Request to cont. to 3/23/11) Ms. Feltovic readsthe legal notice. The administrator states thatthe applicant requestsa continuance to the March 23, 2011 meeting. A motion to grant the request for a continuance totheMarch 23, 2011 meetingis made by Ms. Feltovic, seconded byMr. Mabon. Vote unanimous. Document: E/Mail dated 3/9/11 from Christiansen & Sergi requesting a continuance to March o 23, 2011 meeting. 242-1511, 80 Dale Street (Massachusetts Electric Company) (VHB) Theapplicant Joshua Holden of National Grid, George Danek of National Grid, Eamon Kerrigan of National Grid and Marc Bergeron of VHB are present. Mr. Saal readsthe legal notice. Mr. Bergerondiscusses the project, timetable for work and the net decrease in impervious area. The commission discusses the comments from DEP and the changes that have been made due to DEP comments as well as the administrator’s comments. Mr. Lynch asks aboutSPC containment area. Mr. Holden states that containment area will contain 1.5 times the amount of mineral oil in the transformerif it were to leak.The containment is designed to pass water but not oil. Mr. Lynch discusses with the designer about any alternatives to get the structure outside of the 25’ or possibly even the 50’ zones. Mr. Kerrigan explains the new control house cannot go under the lines. The administrator states that an alternatives analysis was completed and is included in the NOI. Mr. McDonough states that the building is a 4x increase and the commission needs a more detailed Alternatives Analysis. Mr. Lynch asks if the building can be made taller. Mr. Kerrigan describes what is contained in the new control house. Mr. McDonough askswhen this site wasbuilt on Dale Street. Mr. Holden discusses this building was built between 1962 and 1964. The applicant requests a continuance. Mr. Napoli suggests the applicantrevisit moving or re-orienting the structure. A motion to grant the request for a continuance totheMarch 23, 2011 meetingismade by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Document: Marc Bergeron of VHB, Inc requesting a continuance toMarch 23, 2011 meeting o made verbally at the meeting By-law regulation changes –discussion of after-the-fact filing fees and monitoring Mr. Saal readsthe legal notice. The administrator discusses the recommended changes to the fees to add after-the-fact fees and to addadditional language in the regulations regarding monitoring. The commission discusses the changes at length and that it is not fair that honest people pay the same fee and go through the same process as someone filing after starting work without a permit. The commission comments that payment of the fees is no guarantee that the project will be approved, and that all applications are considered based upon their merit. Mr. Saal discusses his concern about penalizing the honest homeowner. The administrator states thatthe increased fees would keep people more honest. Discussion ensues about double vs. triple fees. A motion to adopt the filing fees as drafted, discussed and amended with double fees and edited language for modifications in accordance with MA law is made by Mr. Lynch, seconded by Mr. Mabon, but triple the fees. Mr. Lynch withdraws his motion. A motionto adopt the filing fees as drafted, discussed and amended with triple fees for after- the-fact filings and edited language for modifications in accordance with MA lawis made by Mr. Lynch, seconded by Mr. Mabon. Vote 5 to1 (Mr. Saal opposed) Monitoring Permitted Work The administrator reviews the prepared wording to update the regulations with the new section 9.0 about monitoring permitted work. Mr. Mabon states that he likes the proposed wording. A motion to adopt the language as drafted and amended and add to the regulations as section 9.0 is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. A motion to close the public hearing on the fees and regulations andtoamend the regulations in the bylawismade by Mr. Lynch, seconded by Mr. Saal. Vote unanimous. Decision 242-1479, 15 Lorraine Avenue The administrator reviews the drafted Order of Conditions. The commissionamends the Order of Conditions. A motion toacceptand issuethe Order of Conditions as drafted and amendedis made by Ms. Feltovic, seconded by Mr. Lynch. Vote unanimous. A motion to adjourn the meeting at: 10:15PM made by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous.