Loading...
HomeMy WebLinkAbout1995-01-04 Conservation Commission Minutes NACC January 4, 1995 Senior Citizens' Center Present George L Reich Bob Mansour Joe Lynch Al Manzi Deborah Feltovic Michael Howard, Natural Resource/Land Use Planner Julie Parrino, Conservation Associate Minutes Motion by Al Manzi to accept the minutes of December 21 1994 as written, seconded by Joe Lynch Unanimous New Business Lot 4 & 6 Rocky Brook Estates (DEP #242-392) Partial Compliances Ben Osgood Jr present requesting partial compliances for lots 4 & 6 of Rocky Brook Estates subdivision Lots 4 and 6 were part of a group of lots that did not need additional filings because they were not located in 100 ft buffer zone to the wetland resource areas A site visit by Conservation personnel confirmed this Motion by Al Manzi to grant a partial compliance for lots 4 & 6 seconded by Deb Feltovic Unanimous Lot 9 Old Cart Wav (DEP #242-593) Modification Wayne Perkins present requesting a modification for lot 9 Old Cart Way Mr Wayne Perkins presented a new set of plans displaying the minor change of the house location Motion by Joe Lynch to accept the plans dated December 31, 1994 as a minor modification seconded by Deb Feltovic Unanimous Laconia Circle (DEP #242-288) Certificate of Compliance & Bond Release Peter Shaheen present requesting a Certificate of Compliance and Bond Release for lot 27 Laconia Circle This lot is also filed under the Equestrian Estates file #242-257 The subdivision file noted that compensatory wetlands would be mitigated on lot 27, however the indi zidual lot filing (242-288) did not address the need for replication The present condition of the lot does not indicate replication The $20 000 bond for the subdivision has been released but the replication area was never constructed The owner of the home Vin Helfrinch, is now seeking a Certificate of Compliance and a $1 000 bond release Is the owner responsible for replicating wetlands on his property even though the original subdivision bond guaranteeing compliance was releasedl' George Reich is uncomfortable placing the 1) burden of replication on the homeowner 3 820SF of replication is required George suggested that the Commission seize the $1 000 bond, acquire an easement to enter upon the owner's property and properly mitigate as much area as possible The wetland area would have to be delineated and mapped so that a proper boundary could be established A Notice of Intent for replication would have to be filed by the Town in the spring for purposes of replication Peter Shaheen feels his applicant would not object to releasing his bond to the Conservation Commission for purposes of proper mitigation No formal request for Compliance has been submitted by the representative, Attorney Shaheen who wanted to discuss the situation with his client Motion by Al Manzi to hold a public hearing to seize the $1 000 bond for purposes of delineating and mapping the wetland boundary seconded by Joe Lynch Unanimous Public Hearings Requests for Determinations 1600 Osgood Street A T & T Ann Marton the Environmental Planner from LEC and Art Moody were present for discussion The Request for Determination was for the verification of the flagged wetland line No work is proposed at this time Future work at the site will include the maintenance of culverts constructed in the late 1960 's An access way for maintenance will also be required On December 31, 1994 Michael Howard walked the wetland line He disagreed with the location of flag #7 however, Ann Marton agreed to the move the flag out and she noted the charge on the existing submitted plan The change was signed and dated cn the plan by the representative and Mike Howard Motion by Joe Lynch to issue a positive determination referencing the January 27 1994 wetland delineation plan seconded by Al Manz. Unanimous 550 Turnpike Street Plat 25 Lot 1 PBJ Development Peter Shaheen present Paul Marchionda the engineer on site also present for discussion A memo prepared by Michael Howard for the Commission was distributed After an inspection of the site Michael Howard the Natural Resource Planner discovered a potential wetland resource area not identified in the past A trenched ditch with standing water was present The trench appeared to be fed by water from foundation drains from abutting properties At that time Michael Howard requested the applicant to delineate the wetland subject to review The site is located at the corner of Hillside and Rt. 114 It is the original site of Kent Moving Company Future proposed work is for the construction of a retail mall Two large warehouse buildings presently exist which will be the foundations for the mall construction However, this Request for Determination is for the purpose of es-ablishing the Jurisdictional resource area only The question is whether or not the area delineated is subject to protection under state and local wetland bylaw Peter Shaheen feels the ditch is fed by sump pumps and a high water table He claims there is no flow within the channel and does not deem the ditch as a resource area Paul Marchionda displayed plans of the proposed mall and also the delineated area He explained that the area is isolated and that the ditch is manmade He believes the ditch is not a stream because there 1s no flow Flag 5 is up-gradient of flag 1 therefore there is no potential for down-gradient flow A similar situation occurred in Beverly MA A ditch with 1 foot of water was present as an isolated wetland An abutter appealed the decision by the Beverly Conservation Commission, a DEP superseding order did not recognize the area as a stream because there was no flow within the channel Bob Mansour asked if the land will be filled if not deemed jurisdictional The land will be filled for purposes of construction Filled area is between 5 000 and 6 000 SF Under the state law the area is most likely not a resource area however it might be subject to protection under the local bylaw George addressed the 1, 000 SF minimum requirement for protection under local bylaw Paul Marchionda claimed that his understanding was that the intent of the Bylaw was that the area had to be BVW not Isolated in order to be Jurisdictional under local bylaw George Reich advised Mr Marchionda not to presume what the intent of the Commission was when it drafted the Bylaw as both he and Bob Mansour were menbers of the Commission when the Bylaws were written Michael Howard feels the area is jurisdictional under local bylaw Michael is also concerned with water runoff from the site and how it will be diverted if the area is filled Paul Marchionda claimed water diversion is a simple engineering task The designed drainage system will address water runoff Bob Mansour addressed the drainage problems that occurred during the construction of Jasmine Plaza on Rt 114 Bob warned Paul Marchionda of the capabilities of the culverts placed under Rt 114 Phil Busby an abutter to the site, claimed the ditch was dug for a reason He claims he has seen 10-12 inches of water in the ditch in the past He claims he has seen flowing water and is concerned that water will flood adjacent properties if the area is filled Shirley Howe an abutter has observed surface water in the ditch and has also seen water flowing heavily into the catch basin near the building Tony Arcari is the abutter who has the sump pump flowing into the channel His property has been flooded and he installed the pump to drain the 4 inches of water in his basement He claims there is poor drainage on his property and is worried about where the water will drain if it rains Joe Lynch questicned if there were other resource areas nearby None have been observed Al Manzi asked Mr Busby if he could attend the site walk because of his knowledge of the area A site walk will be scheduled for the Commission to look at the property An extension agreement was signed between the Conservation Commission and Peter Shaheen Motion by Al Manzi to continue to the next meeting seconded by Joe Lynch Unanimous Notice of Intent Lot 1-6 Salem Street (DEP 242-721) Paul Marchionda Steve Stapinski, and Tom Laudani present for discussion A memo prepared by Michael Howard was presented to the Commission which addressed Marchionda's review of Merrimack's hydrologic calculations Planning Board has closed its public hearings in regards to this project and final resolutions will be resolved between Steve Stapinski and DPW Planning Board does not want to follow through with all of Marchionda's recommendations Steve Stapinski and Bill Hmurciak will meet to address the final drainage construction This site will take a similar approach to the work performed at Foxwood Steve Stapinski and Tom Laudani noted that the remaining issues are outside of the buffer zone and need to be addressed with DPW, not Conservation The subdivision has already been approved and modifications are being presented that will improve the site However the past Order of Conditions has expired Steve Stapinski claims the original discussion arose from the capability of the detention ponds which he feels are adequate and requested that the public hearings be closed Paul Marchionda stated that his concerns centered around how water would be diverted to the drainage system not the efficiency of the system Mr Hollarian, an abutter spoke of his concern about the capability of the detention ponds Al Manzi interested in hearing Ball Hmurciak's comments of the drainage system Ceorge Reich recommended continuing to the next hearing so that Bill Hmurciak's concerns could be addressed During this time an Order could be drafted and issued at the next meeting Discussions of further Conservation jurisdiction led to an agreement to close the hearing Motion by Bob Mansour to close the public hearing and issue a decision within 21 days, seconded by Al Manzi Unanimous Lot 5 Forest Bill Barret and Dan O'Connel present for discussion Lot 5 4 & 3 have been identified as potentially containing rare and endangered wetland habitat Natural Heritage Program has been notified and they have 30 days to comment and view the site A wetland habitat study may be needed as a pre-requisite for this area Lots 3 & 4 were originally to be filed as RDA's but will now require a Notice of Intent filing so that Natural Heritage can review the sites New plans have been submitted showing the wetland lines and their distances to the limit of work Lot 5 wetland lane has been verified by the Conservation Administrator Erosion controls will be installed immediately in order to protect the resource areas Motion by George Pelch to continue to the next meeting seconded by Joe Lynch Unanimous Lots 3AA and 4A Winter St Paul Marchionda present to propose the construction of two single family homes with a common driveway on Bruin Hill Twenty-five linear feet of intermittent stream and bank will be altered for the driveway crossing A Request for Determination was filed in the sprang to verify the wetland resource areas The stream has a rocky bottom and no vegetation is present The common driveway is currently undergoing review by the Planning Board Two areas will act as sedimentat_on traps during the construction of the driveway and will be removed and replaced by culverts when the slopes are stabilized The :ommon driveway will be 12 ft wide and the individual driveways will be 10 ft wide Septic systems have been approved by The Board of Health No replication has been proposed for the stream crossing because no alteration of vegetation will occur A culvert will be installed to channel the water There is no connection between the stream and the large wetland resource area Minimized tree cutting will occur to preserve the area Mr and Mrs Parker are abutters to the property A stream runs through their property and under Winter Street They are concerned about additional water flowing from the site John Leeman questioned whether or not the site was in the watershed and what impacts the site would have upon the watershed An abutter who lives on 850 Winter Street was concerned about water running off the steep slopes of the hill Joe requested that the driveway centerline be staked every 100 ft along with the corner of the houses for the the site walk that will be conducted by the conservation commission. Paul Marchionda proposed using a new product to stabilize the slopes during construction. The spray would blanket the ground similar to the hydro-seed application. George Reich requested that a specific construction sequence be submitted. Paul Marchionda also proposed submitting a detailed erosion control plan. Motion by Joe Lynch to continue the hearing to the next meeting, seconded by Deb Feltovic. Unanimous. Decisions Nadine Lane, (DEP #242-724) Motion by Bob Mansour to accept the decision for Nadine Lane as drafted, seconded by Deb Feltovic. Unanimous. Den Rock View Subdivision Motion by Joe Lynch to accept the decision for Den Rock View as drafted, seconded by Deb Feltovic. Unanimous. Lot 36/37 Sugarcane, (DEP #242-726) Motion by Joe Lynch to accept the decision for Lot 36/37 as drafted, seconded by George. Unanimous. Salem Street, Lots 1-6, (DEP #242-721) Joe Lynch will write the decision. Site Visits 8: 00 AM January 14 , 1995 - 3AA and 4A Winter Street 9: 30 AM January 14, 1995 - 550 Turnpike Motion by B. Mansour to adjourn at 11: 00 PM, seconded by Joe Lynch. Unanimous George Reich