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Home My WebLink About2002-09-12 Conservation Commission Minutes 1 Conservation Commission Meeting September 12, 2002 r 0' ^r� Board. Members Present: Scott Masse, Chairman Albert Manzi Jr., Vice Chairman Joseph W. Lynch Jr. Robert L. Mansour Deborah Feltovic Board Members Absent:. Jahn.J. Mabon Beth"Wescott Staff present: Julie Parrino, Conservation Administrator Alison McKay,Associate Donna Wedge, Secretary Meeting came to order at 7:00pm Quorum was net. General Business i Conservation Restriction, Price Property No one was present representing the applicant. Ms. Parrino stated Thomas Urbelis, Town Attorney,has reviewed and approved the restriction language. The Town of Boxford has already signed the restriction. Ms. Parrino recommended to sign restriction and municipal certificate. Joseph Lynch motioned to ratify the restriction seconded by Deborah Feltovic. Vote: Unanimous. DEP#242-964 COC & Bond Release 345 Berry Street Goudreault j Ms. Parrino left the room due to conflict of interest. Mr. Goudreault was present at meeting. Ms. McKay stated the new garage is located in accordance with the 50' setback from the new delineation approved for the project. Hancock submitted a plot plan � certifying the as-built location of the garage foundation on 5/8/00. The as-built plan submitted for the COC request does not show a distance marker showing structure setbacks to the resource area, but the as-built plan certifying the garage foundation does 1 2 show one. Ms. McKay recommended accepting the as-built plan. Changes from approved plan consisted of installation of a 2" corrugated plastic pipe to direct the garage roof drainage. The pipe permitted to collect runoff from the flagstone patio extends further on the ground than permitted. Ms, McKay stated these changes are discussed in greater detail in the letter submitted by Hancock. Ms. McKay stated the site is stable and she does not see the addition and extension of these pipes to be an 'issue. Ms. McKay suggested some kind of riprap, may be considered at the outlet of the pipes. Ms. McKay suggested to issue, COC. Motion by Robert Mansour to require the installation of 6"sized stones at the pipe outlet to control erosion, seconded by Deborah Feltovic. Vote: Unanimous, Conservation Associate Salary Motion by Robert Mansour, seconded by Albert Manzi to encumber$15,000.00 from the wetland filing fees account for the purpose of salary compensation for the associate. Vote: Unanimous. Recess for 40mins. Public Hearings 8:00 pm DEP#242-1162 10 Commerce Way (Grasso) (Hancock Enviromental) Ms. Parrino left the room per request of Scott Masse due to a conflict of interest. Alison McKay stated that Natural Heritage review and comments have been received. Natural Heritage has determined that the project occurs near or within actual habitat of the Blanding's Turtle, a state-protected rare wildlife species (status of"threatened"). They are concerned that the riprap slope and stormwater outlet proposed adjacent to the BV W boundary may adversely affect the wetland habitat for the Turtles. They recommend that a 25' vegetated buffer be provided from the wetland boundary, in order to protect the wetland from adverse effects due to adjacent construction and the new stormwater discharge. Alison McKay stated that the escrow account has not been established for Lisa Eggleston. The applicant has requested, in writing, a continuance to the meeting on September 25, 2002. Albert Manzi motioned to continue two weeks to September 25, 2002, seconded by Robert Mansour. Vote: Unanimous. DEP#242-1167 150 Old Farm Road Ravi Kan'olia (Wetland & Land Management Mr. Ravi Kanjolia was present at meeting. Ms. McKay stated that the revised plans have been submitted showing the distance of the structure to the wetland boundary. Motion by Albert Manzi to close the hearing and to issue decision in 21 days, seconded by Deborah Feltovic. Vote: Unanimous. DEP#242-1165 117 Milk Street Galaher Mr. Galaher was present at meeting. No abutters were present at the meeting. Mr. Galaher stated Rogers Pool Company from Lowell, Ma. will be installing the pool. He will be putting up a five foot fence and retractable ladder to the pool. Robert Mansour stated concerns about the filter backwash outside of the 50' setback. Commission 2 3 recommended a cartridge system for the pool be used. Robert Mansour stated he wants a site visit from Ms. Parrino in order to designate where the pool drainage discharge can be directed. Robert Mansour stated Mr. Galaher did not mail his letters to abutters certified, so he must redo the mailing using certified mail. Motion, by Albert Manzi to withdraw hearing closing seconded by Deborah Feltovic. Motion, by Albert Manzi to continue to September 25, 2002 meeting, seconded by Deborah Feltovic. Vote: Unanimous. DEP#2424 215 Old Cart Wa Checkowa env England Engineering) Ben Osgood was present at meeting. Ms McKay stated there was a previous order of conditions on the site. Ms McKay stated she had reviewed the site and her only concern would be the stabilization of the newly graded slope. Due to steep slope, a vegetation mat may be necessary for quicker stabilization. The DEP has not issued the file number, and Ms. McKay foresees no issues and recommends closing pending file number. Motion by Joseph Lynch to continue the hearing until September 25,2002 with condition of installation of a vegetation mat along slope, seconded by Albert Manzi. Vote: Unanimous. DEP#242-1168 127 Bridle Path (Chatson)(WPI) Present at meeting was Joel Bornstein, the lawyer for Mr. & Mrs. Chatson, Jeff Andrews from Wetland Preservation Inc. and King Chatson. Ms. Parrino stated and explained the history of the original filing, which approved minimal grading only. Joel Bornstein stated he had a site meeting and an office meeting with Ms. Parrino. Jeff Andrews submitted photographs of previous existing conditions. Ms. Parrino stated the applicants are,trying to mitigate and alleviate the flooding problems to the house and the neighbors, driveway. Mr. Mitro, an abutter was present and has no problem with the proposal. Ms. Parrino stated she is concerned about the drainage and the engineering design. Robert Mansour remembered that the Board members had made site visits at least two times in the past on the property. Robert Mansour stated the plans are not acceptable and they should have not been submitted. The swing set is in the middle of the wetland area. Scott Masse agreed with Robert Mansour that the plans are not acceptable as they are not complete engineering design. Joseph Lynch agreed, but understand the applicants are trying to comply with the enforcement order. Scott Masse stated and addressed the legal issues with thinking that the NOI submittal may put a stay on the accruing fines in place. Joel Bornstein stated he understands the fines are still accruing. Robert Mansour, motion to require the applicants to withdraw. Ms. Parrino recommended a continuance to October 9, 2002. Joel Bornstein stated applicants requesting to continue. Joseph Lynch stated the EO has not been met. Motion by Albert Manzi to continue to the October 9, 2002 meeting at the applicant should be denied if all plans are not submitted by the required filing date and all abutters must be re-notified, seconded by Joseph Lynch. Vote: Unanimous. DEP#242-1169 2357 Turnpike Street(Valley Realty Trust)(West Envirornental) Present at the meeting was Thomas Laudani , Gerry Lynn Darcy, and Mark West. Ms Parrino stated this is a chapter 40B filing for a 270 unit condominium complex consisting of garden style and townhouse structures on a 47.14 acre parcel with only 11 acres being developed. Previous Enforcement Order on property for restoration of wetlands on site. 3 4 Ms. Parrino recommended the large vernal pool be certified. There is a portion of the land not being developed. Ms. Parrino recommends the land be put into a Conservation Restriction/Open Space. Ms. Parrino stated she wants cleared areas within the 25' no- disturbance zone be re-vegetated. Tom Laudani stated GZA designed infrastructure and conducted soil borings, which revealed traces of lead in the soil. Thomas Laudani stated the sewage will be tied in from route 114 at Palomino Drive. Any impacts to the wetland buffer zones from sewer installation will be addressed separate filing. Scott Masse stated he wants Ms. Parrino to talk with William Sullivan about hiring Lisa Eggleston for reviewing the drainage for the ZBA and the Conservation Commission. Motion by Joseph Lynch to set-up an escrow account for the amount of$10,000.00 for Lisa Eggleston to review the plans for both Conservation Commission and the Zoning Board of Appeals. Motioned to continue for four weeks to meeting on October 9, 2002, seconded by Deborah Feltovic. Vote: Unanimous. Albert Manzi left the meeting at 9:30pm when discussions about the Meadows Project, were still in progress. Decisions DEP#242-1167 150 Old Farm Road Motioned by Albert Manzi to issue decisions in twenty-one days, seconded by Deborah Feltovic. Vote: Unanimous. DEP# 242-1165 117 Milk Street Motioned by Albert Manzi to continue for two weeks to meeting on September 25, 2002, seconded by Deborah Feltovic. Vote: Unanimous. DEP#2424 215 Old Cart Way Motioned by Joseph Lynch to continue for two weeks to meeting on September 25, 2002, seconded by Albert Manzi. Vote: Unanimous. Meeting Adjourned at 10:00pm. 4