HomeMy WebLinkAbout2008-12-17 Conservation Commission Minutes
Conservation Commission Meeting Minutes
December 17, 2008
Members Present: John J. Mabon, Chairman, Sean F. McDonough, Vice Chairman, Deborah
A. Feltovic, Louis A. Napoli.
Members Absent: Albert P. Manzi, Jr., Scott L. Masse, Joseph W. Lynch, Jr.
Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Donna M. Wedge,
Conservation Secretary.
Meeting came to Order at: 7:10 P. M. Quorum Present.
General Business
242-158, PCOC Request, 35 Blueridge Road (Lot 23-B)(Bush)(Morris, Rossi &
Hayes)(cont. from 12/3/08)(Request to cont. to 1/21/09)
No one were present. Ms. Hughes states this lot has a steep slope I have not had time to check if
this is 100-feet away from the resource area. A motion to continue to January 21, 2009 meeting
was made by Mr. McDonough, seconded by Ms. Feltovic. Unanimous.
NACC#43, Modification Request, 22 Thistle Road (Carr)(New England Engineering
Services, Inc.)(cont. from 12/3/08)
The applicant Mr. Brian Carr were present. Ms. Hughes states the modification request is for
moving the pool over 4-feet because covenants for the Abbott Village Subdivision. The
modification would move the pool closer to the vernal pool, but the patio would be smaller in
size this is actually is less impervious area of disturbance on the property. A motion to issue the
modification was made by Mr. McDonough, seconded by Ms. Feltovic. Unanimous.
242-898, PCOC Request, 400 Willow Street (Lot 4 & 5)(Dutton & Garfield)
Stephen Foster of Dutton & Garfield, Inc. and Christopher Tymula of MHF Design Consultants,
Inc. were present. Ms. Hughes states the applicant would like a letter stating that all the work for
dention basin has been completed other than the vegetation growing by next spring of summer of
2009. The wetland markers are installed and No-Snow & No-Salt Stockpiling signs have been
installed in the proper area. Mr. Foster withdraws the PCOC request. The applicant is requesting
a partial bond release. Mr. Foster states the only change on site there was guardrail installed by
the driveway instead of a fence because of the steep slope in the area that trucks could fall within
the dention basin. This requirement was never required within the Order of Conditions that the
Conservation Commission issued the applicant on 12/19/1997, revised 3/7/2000 as the new
record plan. A motion to issue a partial bond release the amount of $2,500 was made by Ms.
Feltovic, seconded by Mr. Napoli. Unanimous.
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NACC#27, COC Request, 80 Holly Ridge Road (Marroni)(Hayes Engineering, Inc.)(cont.
from 12/3/08)(Request to cont. to 1/7/09)
No one were present. Ms. Hughes states the applicant request a continuance to January 7, 2009
meeting. A motion to continue to January 7, 2009 meeting was made by Mr. McDonough,
seconded by Ms. Feltovic. Unanimous.
242-1186, COC Request, Chestnut & Rea Street (Peachtree Development,
LLC)(Marchionda & Associates, L. P.)(cont. from 12/3/08)
The applicant Brian Darcy of Northpoint Realty Development were present. Ms. Hughes states
the vegetation monitoring reports of the pocket wetland for 2007 and 2008 are not in the file and
the applicant was notified. A final monitoring report of the pocket wetland should be done in the
spring. The vegetation area has been completed and has been taken back to natural state looks
very good out in this area. Ms. Hughes states the houses have been built to code but decks were
installed in different areas things like that but there was modification done to correct this
problem. A motion to issue a partial bond release of $11,850 only was made by Mr.
McDonough, seconded by Ms. Feltovic. Unanimous.
242-1169, PCOC Request, 2357 Turnpike Street (Valley Realty Development)(Merrimack
Engineering Services, Inc.)
The applicant Anthony Mesiti of Mesiti Development Corporation and James Buchannan of
Mesiti Development Corporation and Stephen E. Stapinski of Merrimack Engineering Services,
Inc. and Brian Darcy of Valley Realty Development were present. Ms. Hughes states the
Conservation Restriction connecting this land to Harold Parker State Forest has not been done on
the property. Mr. Mesiti states the utilities, foundations stormwater structures area installed and
working. The Conservation Commission would not issue and Enforcement Order to allow
continuing to working on the site. Mr. Mabon states let me understand the completed work
includes utilities; stormwater management plan is in place, buildings between building 23 & 25
is within the location of the wetland resource area of Harold Packer State Forest. Mr. Stapinski
states the water has lever spreader has a flared end 12-feet foot flared end submerged under
water the site had to be cleaned up and with all kind of hazard waste on the property from the
original owner this took a while to remove the waste of site to make the land clean. The applicant
is requesting a PCOC for the phase one which has been completed the other phases 1 completed
there is less proposed as of foundation are there all ready in the ground just need to framing and
install decks utilities are under ground sewer all ready installed. Ms. Hughes states the
Conservation Commission is holding $70,000 bond the applicant is not requesting the bond
release. Mr. Napoli states the change in the grade of the pond on the plans that we would look for
the grades to be the same as the record plan. Ms. Hughes states the Conservation Commission
never had record plan for this project but the plan you are looking at now. The buildings between
16 thru 28 excluding building 21 driveways, parking lots, excludes all stormwater management
plan excludes restoration areas, Conservation Restriction not done. A motion to issue PCOC for
242-1169 only was made by Ms. Feltovic, seconded by Mr. McDonough. 2 to 2 vote PCOC
failed would not be issued.
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Enforcement Order (s)
242-1232, Restoration Plan, 1003 Osgood Street(Osgood Properties, LLC-John
Grasso)(MHF Designs Consultants, Inc.)(cont. from 12/3/08)
Mark C. West of West Environmental, Inc. and Christopher Tymula of MHF Design
Consultants, Inc. were present. Mr. West states restoration plan would not be able to be done
now because of the extreme amount of snow we received today and over the weekend there
would be fill removal and removal of the drainage pipe that was installed with out a permit to do
the work. I think the enforcement order can be done by June 30, 2009 the applicant would be
filing a Notice of Intent for the property to do some work on the property in the future. A motion
to issue a new Enforcement Order was made by Mr. McDonough, seconded by Ms. Feltovic.
Unanimous.
242-1446, Drainage Restoration 60 Willow Street (Rohm & Haas)
The applicant Philip J. Miller. Jr., of Rohm & Haas and David Biancavilla of BSC Group, Inc.
were present. Ms. Hughes states the Enforcement Order is an mechanic way for them to do work
on the property because the Conservation Commission wanted them clean up the drainage
problem on the site. The proposed restoration plan proposes cleaning of the catch basins,
dewatering and cleaning of the detention ponds, and cleaning of the drainage swale. Prior to the
completion of on the site, Rohm & Haas shall submit a detailed operation and maintenance plan
that at a minimum shall address parking lot sweeping, catch basin cleaning, and detention pond
and swale maintenance in accordance with the best management practices outlined in the
Massachusetts Stormwater Handwork (February 2008). Proof of maintenance of the stormwater
management system shall be submitted to the NACC annually. All work shall be completed by
June 30, 2009. A motion to ratify the Enforcement Order was made by Mr. McDonough,
seconded by Ms. Feltovic. Unanimous.
No Recess
Public Hearings: 9:10 P. M.
242-1446, 575 Winter Street (Lind)(Hancock Associates)(cont. from 12/3/08)
The applicant Donna Lind and Thomas J. Keough, Jr., of Hancock Associates were present. Ms.
Hughes states the addition would be 20-feet x 21-feet with a full foundation my sense this site is
in Flood Plain Area they should reconsider sono tubes less compensatory flood storage volume
also there is a lot Beaver Activity in this area because Mosquito Brook. The wavier request has
been submitted as required there should be a planting plan and wetland markers because the edge
of the lawn is up to the wetland resource line. Mr. Keough states the leanto would be removed
and the shed would be removed there would dry well installed for roof run of the addition. Mr.
Mabon states this is totally within the No-Build zone but the waiver request makes sense since
there is know other area on the site this addition could be installed. Mrs. Lind states this is for
my father because is very sick so he can live with his family I know this very close to the
resource areas but can the Conservation Commission accept the wavier request. The existing
house was built in 1983. A motion to continue to January 7, 2009 meeting for revised plans was
made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous.
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242-1445, 674 Turnpike Street (Londi)(Mistry Associates, Inc.)(cont. from
11/19/08)(Request to cont. to 1/7/09)
No one were present. Ms. Hughes states the applicant is requesting a continuance to January 7,
2009 meeting. A motion to continue to January 7, 2009 meeting was made by Ms. Feltovic,
seconded by Mr. Napoli. Unanimous.
242-1447, 2357 Turnpike Street (Valley Realty Development, LLC)(Merrimack
Engineering Services, Inc.)
The applicant Anthony Mesiti of Mesiti Development Corporation, and James Buchannan of
Mesiti Development Corporation, and Brian Darcy of Valley Realty Development, LLC, and
Stephen E. Stapinski of Merrimack Engineering Services, Inc. Mr. McDonough read the legal
notice. Ms. Hughes states the old Order of conditions has expired 242-1169, and 2 extensions
were issued this is also a 40B project, because of the bad housing market now they have not built
the second and third phase of the project. The Conservation Commission is holding a bond
amount of $70,000 for this project no money asked to be released at this time. The erosion
controls would have to be installed again there are certified vernal pools on this site also. A
landscaping plan would have to be submitted also. Mr. Mesiti states there already a landscape
plan done by Christopher Huntress of Huntress Associates was submitted when the project was
first designed. The Conservation Commission discussed there three weeks before the next
meeting because of the 21 days to make a decision so we would continue the hearing to January
7, 2009 meeting and the Order of Conditions would be ready to sign that night. A motion to
continue to January 7, 2009 meeting was made by Mr. McDonough, seconded by Mr. Napoli.
Unanimous.
A motion to adjourn the meeting at: 10:10 P. M. was made by Mr. McDonough, seconded
by Ms. Feltovic. Unanimous.
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