Loading...
HomeMy WebLinkAbout2005-07-27 Conservation Commission Minutes Conservation Commission Meeting Minutes July 27,2005 Members Present: Scott Masse, Chairman, and Joseph W Lynch, Jr ,John J Mabon, Deborah Feltovic, Sean F McDonough and Louis Napoli Members Absent: Albert Manzi, Jr , Vice Chairman Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, and Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:05pm - Quorum Present. Pledge of Allegiance General Business 242-885, COC Request & Bond Release, Forestview Estates (Pulte Homes of New England, LLC.) (Marchionda)(cont. from 6/29/05) No one was present Ms Merrill stated that the applicant was working out the final details with the attorneys and the Homeowners Association The Homeowners Association had not signed the affidavit yet A motion to continue to the August 10, 2005 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1266, COC Request, 1094 Salem Street(Stringer) (New England Engineering Services, Inc.)(cont. from 7/13/05) No one was present Ms Merrill stated that the new homeowner had submitted a signed affidavit acknowledging the outstanding Order of Conditions The homeowner had also posted six wetland markers along the edge of the BVW New England Engineering had also submitted the monitoring reports, as required by the Conservation Commission during the June 29, 2005 public meeting No further issues A motion to issue the COC and release the bond was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1273, COC Reguest, 113 Bridges Lane (Kitchen) (New England Engineering Services, Inc.)(cont. from 7/13/05)(Reguest to cont. to 8/10/05) No one was present Ms Merrill stated that the applicant is working with the new homeowners to see if the shed could be moved without falling apart A motion to continue to the August 10, 2005 meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-115, PCOC Request,Lot 11 Carlton Farms- # 125 Johnnycake Street(Lunt) No one was present Ms Merrill stated that the purpose of the request was to clear the property deed, as the Order of Conditions was still outstanding on the house lot An inspection was conducted on Friday, July 22, 2005, at which time it was noted there were no wetlands within 100-ft of this lot A motion to issue a partial COC for Lot 11, 125 Johnnycake Street only was made by Mr Lynch, seconded by Ms Feltovic Unanimous 1 242-158, PCOC Request, Lot 24A Bear Hill Subdivision-# 55 Blue Ridge Road (Lombard) No one was present Ms Merrill stated that the purpose of the request was to clear the property deed, as the Order of Conditions was still outstanding on the house lot An inspection was conducted on July 25, 2005 The wetlands were greater that 100-feet away A motion to issue a partial COC for Lot 24A, 55 Blue Ridge Road only was made by Ms Feltovic, seconded by Mr Mabon Unanimous Enforcement Order Ratification - 46 Raleigh Tavern Lane—(242-1316) No one was present Ms McKay stated that the Commission issued a denial to the Order of Conditions because the house had been razed while the Open Public Hearing was going on and without a valid Order of Conditions No raze permit was on file Mr Mabon stated that over the weekend he spotted a large mound of soil on the site Mr Lynch requested that staff speak with the Building Inspector, Mr McGuire and send another Enforcement Order to the contactor to shut them down Mr Lynch felt that if Mr McGuire did not support this decision, that Conservation should override it with a stop work order Mr Lynch further stated that there could be damage in our jurisdiction if this project was not watched closely The Commission needed to make sure the job is done right The applicant needs to file a new Notice of Intent A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Lynch Unanimous Agricultural Lease Update -Half Mile Hill Ms Merrill stated that she received an e-mail from Albert Manzi, Jr , stating he could not attend the meeting but suggested seeing if the Commission could get somebody else to hay the area Ms Merrill stated that David Davidowic sent in the signed lease agreement, but did not send in the fee to hay the field He thinks the fee of $ 25 00 per acre is too much and he stated the only charges $ 10 00 per acre Pam stated that Mr Manzi indicated that there should be no negotiation on the fee Ms Merrill stated that the field had not been mowed She also indicated that she spoke with Steven Young to see if he could hay the field and he said that he would be able to hay the field in a pinch No Recess Public Hearings: 8:14pm 242-1304, 249 Marbleridge Road (Belford Construction, Inc.)(New England Engineering Services, Inc.)(cont from 7/13/05) The applicant Mark Rea of Belford Construction, Inc and Ben Osgood, Jr of New England Engineering Services, Inc were present Ms McKay stated that the escrow was set up and Lisa Eggleston conducted her first review The response comments from Ben Osgood, Jr were also received A second review from Ms Eggleston had been submitted She still had a few concerns The revised plans depicted modifications to the grading around the infiltrators to conform to the breakout requirements of the infiltrator system when used for septic systems The revised plans also depicted inspection ports infiltrators Details of these ports where provided on the detail sheet The revised plans were not sent to Lisa Eggleston for final review Ms McKay said she spoke with Ms Eggleston who recommended that the infiltrators be moved at least 15- feet from the slopes to avoid breakout, but that she would leave it up to the Commission to decide if necessary Ms McKay indicated that Ms Eggleston was satisfied with the fact that the 2 infiltrator ports have been added A motion to close and issue a decision in 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1304, 509 Waverly Road (Highview, LLC.)(Seekamp Environmental Consulting)(cont. from 6/29/05) Anthony Donato of Merrimack Engineering Services, Inc and an Abutter Christopher Waszczuk were present Ms McKay stated that the revised plans were just received by Merrimack Engineering on Friday 7/22/05 But, the included response letter was dated 7/11/05 Ms McKay reminded the applicant's Engineer to send any new information at the same time it is sent to the consultant Ms McKay also indicated that the consultant requested giving her a heads up prior to sending any new information to her Ms McKay indicated that the second review from Ms Eggleston was just received that day The review had indicated a few outstanding concerns but an overall good redesign of the project She requested that particularly comment# 1 be brought to the Commission's attention (Soil Testing/Test pits-at least one-in the D basin to demonstrate that the bottom of the basin would be above the maximum least seasonal high groundwater elevation) She also mentioned that the Bylaw requires this testing to be witnesses by the department Another,concern of hers was safety around the detention basin, being that the basin is now proposed 2-feet deeper to accommodate the flows and would require a 5-foot retaining wall on one side She recommended that the Commission require a fence around the basin for safety reasons Ms McKay indicated that a continuance would be more appropriate at this time to adequately review and finalize responses The abutter Christopher Waszczuk stated that he had been following the project for 2 '/z years and would like a copy of the most recent set of plans Mr Donato gave a set of plans to Mr Waszczuk A motion to continue to the August 10, 2005 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1321, 0 Methuen Avenue (Giovanni)(Merrimack Engineering Services,Inc.)(cont. from 7/13/04) Robert Daley of Merrimack Engineering Services, Inc was present Ms McKay stated that at the last meeting,the Commission requested more time to review the plans and the drainage calculations as well as the Planning Boards reviews from VHB The Commission will set up a site walk before the next meeting A motion to continue to the August 10, 2005 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1324, 11 Appleton Street (Heinze)(West Environmental, Inc.)(cont. from 7/13/05) No one was present Ms McKay stated that the file number has been issued A motion to close and issue a decision in 21 days was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1320, 35 Holly Ridge Road (Sachs)(Giles)(cont. from 7/13/05)(Repuest to cont. to 8/10/05) No one was present Ms Merrill stated that the Timothy Willett would have the DPW plug up the pipe,which was, suppose to be done a while ago before the roadway acceptance This would let the water flow into the Mosquito Brook which is where the water should be going, then the lawn would not be flooded. The water causes a fingertip wetland on the applicant's lawn area Ms. Merrill stated that revised plans have not been submitted (i e showing the patio, etc) as requested by the Commission Mr Masse stated that he felt that the patio would need to go if it was never permitted and a violation Mr Lynch agreed Mr Masse felt that if the patio stayed 3 than the project could be denied A motion to continue to the August 10, 2005 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1322, 246 Candlestick Road (Young)(The Neve-Morin Group, Inc.)(cont. from 7/13/05) The applicants, Mr & Mrs Young, and Greg Hochmuth of The Neve-Morin Group, Inc were present Ms McKay stated that the DEP issued a file # and had no comments At the last meeting the Commission requested alternatives and 2 1 mitigation from the impacts within the 75-foot No-Build zone to the vernal pool The Commission suggested more consideration to the layout to lessen the impacts of disturbance Revised plans have been submitted showing a revised pool, patio and spa configuration, a substantial mitigation area(6 1or 1,775 s f) and smaller concrete patio surrounding the pool Portions of the proposed work were still within the 75-foot No-Build zone to the adjacent vernal pool, but the pool and the patio had been shifted further away from the resource area decreasing the amount of work within the 75' zone to 290 s f The fence has been relocated to a more suitable location Oust upgradient to the mitigation area) A mitigation plan was included on the revised plan and is suitable Mr Hochmuth stated that the pool would have a cartridge filter and that everything was moved as much as possible without bothering the drainage from the driveway Mr Lynch stated that it was a very good project the way the disturbance/impact in the 75' No-Build zone was decreased Mr McDonough asked where the fence was going to be Mr Hochmuth explained A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous. 242- ,Route 125 at Hillside Road (Barbaro)(MA Highway Dept.)(cont. from 7/13/05) Maryann T Magner of Edwards and Kelcey was present Revised plans were submitted Ms McKay stated that at the last meeting that the Commission was concerned that the existing drainage system in the area could not handle the additional flows Therefore, the Commission requested that staff review the files on Meadowwood III and speak with the DPW director in this regard Staff and Mr Lynch reviewed record and as-built drainage plans for Meadowwood III Discussions conclude that the proposed added drainage structures on Hillside Road will not add more drainage to the system, but will just catch what already should flow to the system A site walk was conducted on 7/25/05 with MA Highway to review the site and the wetland boundaries No concerns with the boundary and the proposed work No DEP #, so the applicant has requested a continuance to the meeting of 8/10/05 A motion to continue to the August 10, 2005 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1326, 205 Dale Street(Timmons)(New England Engineering Services, Inc.) The applicants James& Sandy Timmons and Ben Osgood, Jr , of New England Engineering Services, Inc were present Ms McKay stated that the filing was for the construction of a 60' x 24' addition to an existing single-family dwelling, the installation of a sewer line, overhead and underground utilities, installation of a gravel driveway with associated grading within the Buffer Zone to a BVW The addition was proposed just outside of the 50-foot No-Build Zone at 51' from the wetland at it is closest point A 1,000-gallon roof drywell was also proposed to capture roof runoff Minor grading was proposed in several locations near the addition. The grading will be outside of the 25-foot No-Disturbance Zone The majority of the underground utility and sewer installation is proposed outside of the 100' buffer zone A soil stockpiling area is proposed and depicted on the plan behind the existing garage and the proposed addition The erosion 4 controls are proposed and are in adequate locations Ben Osgood, Jr, delineated the wetlands, and they were reviewed and approved A DEP file # was issued, but it was still under review by DEP The Commission questioned if the applicant owned both 203 & 205 Dale Street Mr Timmons stated that his daughter lived at#203 and he owned both properties Mr Lynch stated that test pits should be done due to the high ground water table An abutter, Robert Cheevers, of 106 Appleton Street stated that he had concerns when they installed the sewer line because the water level dropped He stated that the water level has increased and that this was his only concern I have no problem with what Mr Timmons wants to do with his project He was concerned about the water runoff in the area A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1325, 16 Jetwood Street(Nicolosi)(New England Engineering Services, Inc.) The applicant Mr & Mrs Dan Nicolosi and Ben Osgood, Jr , of New England Engineering Services, Inc were present Ms McKay stated that the filing was for construction of an addition to a single-family dwelling and expansion of an existing driveway with associated grading within the Buffer Zone to a BV W The addition and the driveway expansion were proposed almost entirely within the 50-foot No-Build zone and within the 25-foot No-Disturbance zone A waiver had been submitted, but no mitigation had been proposed New England Engineering Services Inc provided a letter, which stated that the alternatives were few Ms McKay stated that although alternatives were listed, the majority of the work would still occur within the no-build and the no-disturbance zone Ms McKay said she had rejected a building permit for similar work in 2003 She indicated that the former administrator and herself spoke with the applicant on several occasions advising the applicant that the project was not likely not an approvable project The submitted plan noted that Basbanes Associates delineated the wetlands in June of 2005 The former administrator and Ms McKay reviewed the wetland boundaries in 2003 Since Ms McKay felt that the proposed as proposed was approvable, she recommended that the Commission deny the project She indicated that DEP had issued a file #but that the project was still under review Mr Osgood stated that Mr Nicolosi originally built the house in 1981 and had built the house in a way in which to accommodate a future addition He indicated that the addition was never built and the local wetlands regulations had changed He said he felt that because of these circumstances, the Commission should allow the waiver and the project The Commission questioned the applicant's waiver request and alternative analysis Mr Mabon stated asked the applicant if the size of the addition could be minimized in order to avoid, minimize, and mitigate impacts to the resource area Mr Osgood indicated that the applicant was not in favor of reducing the size of the addition Mr Lynch stated that a better alternatives analysis was needed or the engineer should not be wasting the applicant's money An abutter, Mr Sam Branco of 24-26 Jetwood Street stated that he was concerned about the impacts of the addition on the existing drainage areas, given that the water table was noted to be high in this location Another abutter, William Quarntello, of 241 Massachusetts Avenue and 0 Kenwood Street was concerned that the proposed addition would cause more runoff of water onto his property Mr Nicolosi submitted photographs of the wetland resource areas to show that the wetlands were "dry", therefore not a viable wetland resource area Ms. McKay indicated that although the wetlands may have appreared"dry", this area was still considered a viable resource area as defined by the regulations Mr McDonough felt inclined to deny the project as proposed A motion to continue to the August 10, 2005 meeting was made by Mr Mabon, seconded by Ms Feltovic 5 to 1 vote 5 There was an abutter altercation in the Town Hall Hallway. The Conservation Commission a Police officer responded to the disturbance. Christopher Tymula of MHF Design Consultants, Inc. arrived at 9:40PM. 242-1308, 1025 Osgood Street (Hearthstone Realty Corporation)(MHF Design Consultants, Inc.)(cont. from 6/8/05) Christopher Tymula of MHF Design Consultants, Inc was present Ms McKay stated that revised plans were received and were sent to Ms Eggleston for a second round of review Ms Eggleston submitted her second letter of review and although many of her previous concerns have been satisfactorily addressed, she still has several concerns Mr Lynch stated that the latest plans needed to reflect test pit locations Mr McDonough stated that the retaining wall was 33- feet high and a fence should be added at the top to catch any trash that may be blowing around on the property A motion to continue to the August 10, 2005 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous Decisions 242-1317, Lot 5-99 Ogunquit Road (Breen)(The Neve-Morin Group, Inc.) A motion to accept the Order of Conditions as drafted with a bond amount at$3,000 was made by Mr Mabon, seconded by Ms Feltovic Mr Napoli abstained 242-1323, 990 Forest Street,(Foraste)(Hancock Associates) A motion to accept the Order of Conditions as drafted with a bond amount of$500 was made by Mr Mabon, seconded by Ms Feltovic Mr Napoli abstained 242-1304, 249 Marbleridge Road (Belford Construction) (New England Engineering Services, Inc.) A motion to accept the Order of Conditions as drafted, to require wetland markers, and a$2, 000 bond was made by Mr Mabon, seconded by Ms Feltovic Mr Napoli abstained 242-1324, 11 Appleton Street (Heinze) (West Environmental) A motion to accept the Order of Conditions as drafted, install erosion controls along the sewer line connection and set the bond amount at $2,000 was made by Mr Mabon, seconded by Ms Feltovic Mr Napoli abstained A motion to adjourn the meeting at 10:30pm was made by Mr. Mahon, seconded by Ms. Feltovic. Unanimous. 6