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HomeMy WebLinkAbout1992-09-16 Conservation Commission Minutes r Conservation Commission Minutes • September 16, 1992 Present George Reich, Chairman Paul Tariot Al Manzi Richard Milliard Vice Chair Alison Brewster Richard Doucette, Administrator Karen Nelson, Division Director MINUTES P Tariot motioned to adopt minutes of 9/3/92 as amended Seconded by A Frewster Motion passed OLD BUSINESS Woodchuck Grove - Extension Jay Willis appear and requested an extension Paul Tariot motioned to grant a one year extension to 10/12/93 Richard Milliard seconded Motion passed Lot 24 Candlestick Rd - Compliance Jack McGee requested a certificate of compliance Alison Brewster motioned to issued a partial Certificate of Compliance Seconded by R Milliard Motion passed • Lot 27 Vest Wav Jay Burke requested a Certificate of Compliance Motion by P Tariot and seconded by R Milliard to issue a Compliance after paving of driveway and satisfactory inspection Motion passed Hickory Hill Lot 16A - Compliance Tom Zahoruiko requested a compliance Motion by Richard Milliard seconded by Al Manzi to issue a certificate of compliance Motion passed Joint Board Meetings Discussion of policy to hold joint meetings with the Planning Board on special permits October 14th date acceptable North Andover Estates - Violation R Doucette detailed apparent violations roadway cut too wide has impacted wetlands and buffer zone Motion by P Tariot seconded by R Milliard to ratify violation Notice Motion passed DECISIONS Lot 52 Blue Ridge Rd Motion by R Milliard seconded by A Brewster, to issue decision as amended Yotion passed Lot 1 Lyons Way Motion by R Milliard seconded by A Brewster to issue decision as amended Motion passed Lot 112 Fuller Rd Motion by B Tariot, seconded by R Milliard to issue the decision as amended Motion passed #476 Great Pond Rd Discussion of septic system Motion by P Tariot, seconded by A Brewster, to issue the decision as amended Motion passed PUBLIC HEARINGS Lot 7 Lyons Way - Continued Dave Jordan presented (but did not submit) a revised plan showing a smaller house R Doucette stated that an independent RPE had stated that a 30 ' turnout was not necessary for a SFH only 24 ' was needed D Jordan stated that 30 ' was necessary P Tariot wanted to see a greater setback from wetlands G Reich stated that he plans to condition the work with a 25 ' setback Motion by P Tariot, seconded by A Brewster to close the public hearing and issue a decision within 21 days Lot 2 Joanne Drive - Continued • Revised plans submitted This now meets the 25/50 zones Motion by P Tariot seconded by A Brewster to close the public hearing and issue a decision within 21 days Lot 9 Joanne Drive - Continued Revised plans presented (but not submitted) showing an increased wetland setback The still does not meet the 25/50 zones A retaining wall at the driveway would increase the setback but the applicant does not feel that a buffer zone pro]ect should require such a wall Motion by P Tariot seconded by R Milliard to close the public hearing and issue a decision within 21 days Lot 21 Joanne Drive - Continued Revised plans submitted showing a downsized house and the 25/50 zones have now been met Motion by P Tariot seconded by R Milliard t close the public hearing and issue a decision within 21 days Lot 27 Donna Drive - Continued Revised plan submitted Dwelling downsized and no cut zone is now 17 ' in one area Motion by R Milliard seconded by A Brewster to close the public hearing and issue a decision within 21 days Lot 9D Old Cart Way Ron Pica, engineer representing the landowner presented plans • for a SFH in an existing subdivision This home requires moving a stream and BVW filling/replication R Milliard questioned the lack of a driveway K Foley asked about the location of the wetland P Tariot asked about the delineation Mr Pika did the delineation himself There is no need to fill BVW to access the lot, but to construct on the lot itself A Brewster questioned the need for a variance for the SSDS R Doucette stated that the delineation was inaccurate in the one area he has reviewed There is no flagging in the field Filling of wetlands is not generally allowed, particularly when the landowner recently owned the entire subdivision and chose to draw the lot lines leaving this poorly designed lot P Tariot stated that the project may have surpassed the 50 ' of bank which would then require a wildlife habitat assessment Abutters Mr Howard - ditch is a stream where will the utilities go subdivision plan does not show a SSDS Mrs Howard - Why should they be allowed to fill wetlands when the current homeowners couldn't fill any Mrs Lepke - concerns about flooding Ms Peroki - concerns about flooding the developer said they wouldn't fill any wetlands when the subdivision was approved Mr Peroki - lack of hydrologic analysis there is more flow than the applicant states flooding concerns Mr Patterson - covenant requires a larger house • Mr Pika and Mr Moss requested a continuance to October 7 Information needed Quantify Bank impacts Flag wetland in the field show on plan Shaw driveway, grading utilities on plan Show house that meets the covenants Present hydric soils info present hydrologic calcs Motion by P Tariot and seconded by G Reich to continue to 10/7 Motion passed Lots 23A, 26A, 28A So Bradford - Notices Lot 24A - Determination Curt Young presented plans for SFHs in the buffer zone The plan has been revised due to a revised wetland line Lot 24A - P Tariot motioned to issue a negative determination with erosion controls on lot 24A Richard Milliard seconded Motion passed Lot 23A - R Doucette discussed soils data submitted Plans show smaller houses on 2 lots due to changes delineations Motion by R Milliard seconded by K Foley, to close the public hearing and issue a decision within 21 days Lot 26A - Motion by G Reich seconded by A Brewster to close the public hearing and issue a decision within 21 days Lot 28A - Discussion of culvert Motion by R Milliard seconded • by P Tariot, to close the public hearing and issue a decision within 21 days OLD BUSINESS New Castle - Bond Discussion of disposition of seized bond. R.Doucette provided an overview of the process to this point. Motion by P.Tariot, seconded by R.Milliard, to utilize funds seized by the NACC from NewCastle Estates to pay $40, 000 for wetlands restoration / replication to bring the project into compliance with the order of Conditions (#242-385) and the enforcement order issued bythe NACC after approval by Town Counsel. Motion passed. Motion by A.Manzi, seconded by R. Milliard to direct counsel to obtain the remaining interest from the bank. A.Manzi withdrew motion. DECISIONS #476 Great Pond Rd. Motion by P.Tariot, seconded by G.Reich to issue the decision as written. Vote 4-0-2 . A.Manzi and G.Reich abstained. Lot 4 Joanne Drive Motion by P.Tariot seconded by A.Brewster to issue the decision as written. Vote 5-0-1. R.Milliard Abstained. Lot 5 Joanne Drive Motion by P.Tariot, seconded by A. Brewster, to issue the decision as written. Vote 5-0-1. R. Milliard abstained. Lot 10 Joanne Drive Motion by P.Tariot, seconded by A.Brewster, to issue decision as written. Vote 5-0-1. R.Milliard abstained. Lot 17 Joanne Drive Motion by P.Tariot, seconded by G.Reich, to issue decision as written. Vote 5-0-1 R. Milliard abstained. Lot 23 Pine Ridge Rd. Motion by P.Tariot, seconded by K.Foley, to issue the decision as written. Motion passed. NEW BUSINESS Hamblet violation Motion by P.Tariot, seconded by G.Reich, to ratify enforcement order. Motion passed. Motion to adjourn at 11: 02pm by P.Tariot, seconded by K.Foley. .............. JACeorge Reich, Chairmah ...........