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HomeMy WebLinkAbout1997-01-22 Conservation Commission Minutes Conservation Commission Minutes Senior Center January 22, 1997 Members Present: Joseph W. Lynch, Jr., Chairman, Albert Manzi, Jr., Vice Chairman, George Reich and Scott Masse. Deborah Feltovic, Joseph Mottola and Robert Mansour were absent. Staff Present- Michael D. Howard, Richelle Martin and Karen A. Fitzgibbons. The meeting was called to order at 7:03 p m. Minutes: On a motioW by Mr. Reichthseconded by Mr. Manzi, the minutes of December 4 and December 18 , 1996 were unanimously approved and accepted General Business: Filing Fee Expenditure - MACC Conference Mr Howard stated to the Commission that on March 1, 1997 there will be a conference at Holy Cross College and part of the conference will include a workshop on the Riverfront Area andlor Storm Water Management Policy Mr Howard strongly urged members of the Commission to sign up and attend Filing Fee Expenditure - Field Equipment Mr Howard stated to the Commission that he needs new equipment (field tape & field books) and is asking the Commission to expend the money to purchase these. On a motion by Mr Manzi, seconded by Mr Reich, the Commission voted unanimously to expend $100 from the Filing Fee Account to cover the cost of Mr Howard's supplies 242-634 Extension Request to DOC - (Brad LathamlA Cormier) Aurele Cormier, Steve Stapmski and Dave Zaloga were present The applicant is again requesting an Extension Permit for the above referenced Order of Conditions (Having been denied an extension at the last hearing) The 0 C C is scheduled to expire on January 26, 1997 The Commission issued an Enforcement Order on December 12, 1996 mandating that the applicant re-locate the dwelling on Lot 8 outside the No-Construction Zone no later that February 1, 1997. A $50 per day fine shall accrue if the lot is not in compliance by said date ($50 x 60 days = $3,000 on February 1, 1997) Mr Stapmski stated that the building on Lot 8 is scheduled to be moved on Monday (January 27, 1997) to another site The foundation at lot 8 will be saw-cut and a new rear wall poured to accept another home built in accordance with the Order of Conditions Mr Stapinski stated that if allowed the applicant will provide daily communication with the Conservation Office during the move For carrying out the building move Mr Cormier • M requests a 30 day extension to allow him time to move the building bring the lot into compliance Mr. Manzi stated that he doesn't think the Commission can extend the Order of Conditions again, even if they wanted to Mr Manzi cited the rules and regulations of the bylaw as to why an extension can not be granted Mr Howard stated that if you interpret the bylaw literally, the Commission can only permit two extensions without waivers Mr Masse stated the Enforcement Order was dated December 4, 1996, it is now January 22, 1997 and the applicant has faded to take any substantial action in complying with the OCC or the Enforcement Order Mr Masse stated that he agrees with what Mr Manzi said, and further stated that the applicant has not taken any substantive efforts to move the home with on�9 days left until the deadline If by February 1, 1997 the home is not moved, Mr. Masse would consider a 2 Enforcement Order, but not at this time Mr Lynch suggested that the Commission try to find some middle ground in this issue He stated that an expired DOC does little in upholding the interests of the Wetlands Protection Act Rather, Mr. Lynch stated, it is clearly within the interests to allow the work to continue in accordance with the original DOC with appropriate added conditions and stipulated penalties for repeated past violations Mr Lynch invited the Commission to debate the concept of allowing construction to continue under an Enforcement Order, that in every way echoes those provisions cited in the Order of Conditions Mr. Masse suggested that amending the Enforcement Order to allow for the moving of the home by February 5, 1997 Mr Reich stands by the intent of the bylaw which he believes gives the applicant 5 years to complete a project Mr Manzi stated that to minimize the impact on the wetland, the Commission should mandate that the applicant move the house as soon as possible Mr Howard stated that on February 1, 1997 a $3,000 fine will be imposed if the home is not moved as mandated by the Commission Mr. Manzi thinks an Enforcement Order is the way to proceed Mr Manzi made a motion to issue a new Enforcement Order allowing for the move by February 5, 1997 and extending the deadline of the fine from February 1, 1997 to Noon on February 6, 1997 1 seconded by George Reich Discussion ensued Mr Lynch wants the Commission and the applicant to be sure they understand that if on February 5, 1997 the foundation is not in compliance, the full fine will be imposed Mr Masse stated that the Order of Conditions expires on January 27, 1997 and if there is no extension this eveninghthe permit will be invalid by the next public hearing and Mr Howard will have to shut them down on the 27 . The motion by Mr. Manzi was seconded by Mr Reich and unanimously approved by the Commission Mr Reich made a motion, for discussion only, to extend the Order of Conditions to February 5, 1997 Mr Manzi seconded the motion, the vote was taken, and the motion faded The vote was as follows Mr Reich yes Mr. Lynch no Mr Manzi no Mr Masse no Mr. Stapmski pointed out to the Commission that the applicant needs time with all that is involved with moving a home and bringing a lot into compliance Mr Howard stated that if the Order of Conditions is allowed to expire, a cease and desist order will be issued on January 27, 1997 Mr. Masse agrees with Mr Reich if it was a short period of time, OK, But a year to 1 '/2 years is too long Mr Stapmski stated that filing a new Notice of Intent would require a great deal of work and money and the chance for an appeal by an aggrieved abutter There is a lot at risk Mr Howard suggested granting an extension to February 5, 1997 and then to consider another one at that public hearing Mr Reich made a motion to reconsider, seconded by Mr Manzi and unanimously approved The vote in favor of granting an extension to February 5, 1997 was Mr Reich yes Mr Manzi yes Mr Lynch yes Mr Masse no As the vote was 3 to 1, the motion passed 242.776 Bond Reduction - Route 125 Andover Bypass (Evergreen Management) An Order of Conditions was issued by the Commission on 11130195 authorizing construction of 4 single family dwellings, driveways and utilities within the Buffer Zone of a BVW A $12,000 bond was established for the project ($3,000 per lot) The Planning Board issued a decision authorizing construction of three (3) dwellings versus the NACC approved four (4) Construction is proceeding well and in accordance with the Order of Conditions Since the number of lots went from 4 to 3 the $12,000 bond seems excessive, therefore, Mr Howard recommends releasing $3,000 of the $12,000 bond The Commission stated that they would prefer that a modification be issued and then a bond reduction could be considered. On a motion by Mr Manzi, seconded by Mr Reich, the Commission voted unanimously to deny the bond reduction 242-694 Bond Reduction - 115 Blueridge Road (Joanne Stewart) The Order of Conditions has been recorded, the Conservation Office has an Interim As-Built plan and the replication area is progressing well and has survived one (1) growing season Mr Howard has received reports from a Wetland Biologist at the beginning and end of the 1996 growing season documenting this fact On a motion by Mr Manzi, seconded by Mr Masse, the Commission voted unanimously to release $1,500 and retain $1,000 until the end of the 1997 growing season 242.718 Bond Reduction - Lost Pond Lane (Dave Kindred) The Conservation Office is in receipt of As-Built plans and the roadway layout and stream crossing appear to be constructed in conformance with the Order of Conditions issued by the Commission In addition, all compensatory storage areas and storm water management structures are built and functioning accordingly Mr Howard recommends releasing $17,000 and retaining $13,000 until the replication area has survived a second growing season Mr Lynch asked Mr. Howard if the as-built plan speaks to the concerns expressed by an abutter (Martineau) at a meeting in November/December. Mr Howard said it does The Culvert and stream crossing is built as designed and presumably functions as designed Mr Howard states that there he has learned of a beaver lodge and dam located just downstream of the Lost Pond development and infers that the beaver dam is affecting the flooding problem, not the construction of the culvert Mr. Howard stated that undoubtedly the presence of the dam has some upstream impact but he can not quantify exactly how much impact occurs On a motion by Mr Reich, seconded by Mr Manzi, the Commission voted unanimously to retain $13,000 and release $17,000 of the bond money the Town is holding for the project. 242.842 Bond Reduction - Lot 8 Sugarcane Lane IB Barrett) The Order of Conditions has been recorded, the septic system is not in place as of 1121197 and the site remains unstable The applicant has requested that the Commission release $2,000 of the $3,000 bond being held by the Town Mr Howard recommends that the Commission release $1,000 of the bond money On a motion by Mr. Reich, seconded by Mr. Manzi, the Commission voted unanimously to release $1,000 of the $3,000 bond money being held by the Town 242-378 Berry Street - Stack Property (M Howard) Mr Howard stated to the Commission that this topic would be brought up at the February 5, 1997 meeting during Executive Session Atty Joel Bard will be present to discuss this matter with the Commission Public Hearings (8:00 PM) Notice of Intent(s)- 242.840 Lot 1 Rocky Brook Road (Neve Associates, Inc ) cant from 118197 This item has been continued a number of times due to significant modifications to the wetland delineation and plan revisions In the time since the major roadway construction was completed an elongated "finger-like" projection of wetland has extended into the lot from the original wetland The applicant is proposing a single family dwelling with 1,040 square feet of wetland alteration (1,550 square feet of replication or 15 1) The Wetlands Protection Act allows for the loss of 500 square feet of a BVW without replication when it extends in a finger-like projection John Morin from Neve Associates was present along with Peter Breen Mr Morin stated that the original wetland line changed substantially Mr Breen stated that developing his subdivision slowly seems to be creating a hardship on this lot Mr Breen stated that back in 1987 the Planning Board suggested he go slow on this subdivision and he did Now he feels he is stuck and he has two more lots to go Mr. Lynch stated that taking your time doesn't do the Conservation Commission any good, the wetlands change and as a result, Order of Conditions expire. Mr Morin stated that to maximize separation between the resource area and proposed septic system he has designed a leaching system with three foot trenches. The Board of Health requires 4 feet trenches The Board of Health has taken no formal action on the proposed reduction in trench separation. Mr. Morin stated that he and the applicant are waiting to see if the NACC is willing to grant waivers before going back to the Board of Health Mr Morin stated that the proposal will be able to maintain 50' separation between the proposed septic system and the finger-like wetland projection Mr. Reich asked if the home could come forward 5 feet Mr Morin stated that would cause the driveway to shift closer to the wetlands. Mr Howard suggested that a lot of issues conflict with this application First the NACC should establish exactly where the resource area is To do this the Commission should conduct a site walk and observe the "finger-like projected wetland" and make a determination as to what consideration the applicant must take regarding same Having established the limits of the resource area, and understanding how they exist in the field, will allow the NACC to more clearly rule on the proposed project Until the NACC accomplishes that it is premature to discuss how to "reconfigure" the plan to suit an assumed Board of Health criteria. The applicant verbally gave the Commission permission to continue the public hearing until 215197 On a motion by Mr Reich, seconded by Mr Manzi, the Commission voted unanimously to continue the public hearing until 215197 It was decided to conduct a site walk at 8 a m on 1125197 242-847 Settlers Ridge Road (Christiansen & Sergi) cant from 118197 This item was continued from the 118197 public hearing in order to afford more time for John Chessia to review the drainage for conformance with the Act and assure compliance with the Stormwater Management Standards Dan O'Connell of Christiansen & Sergi, was present and stated that the soil samples show a true groundwater table at 3'/: feet, so they can maintain about 1 foot Stormwater management was discussed, sediment traps were added A 50150 mixture of sand and loam will be placed in this trench in conformance with the policy Mr Howard stated as proposed the groundwater will recharge and perk down Mr Lynch asked Mr Howard if he looked at the cross country sewer line and Mr Howard replied yes Mr Lynch asked Mr Howard if any wetlands or resource areas were observed in the vicinity of the proposed cross-country sewer route Mr Howard replied no, but a full delineation was not performed Mr. Lynch noted to the applicant and his engineer that any activity within 100 feet of a resource area not specifically addressed during these NOI public hearings will warrant a separate NOI, separate filing fees and a new public hearing Mr Howard acknowledged that that is correct On a motion by Mr Reich, seconded by Mr Manzi, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-848 Lot 32A1#85 Laconia Circle (Beachwood Builders) cont from 118197 This item was continued from the 118197 meeting pending receipt of a DEP File # and review of a second wetland resource area Les Godm, Merrimack Engineering, was present and stated that the second wetland resource area is approximately 100' away and they have revised the plan accordingly Hay bales have been installed and a foundation drain was put on the plan Mr. Howard recommends closing the public hearing and issuing a decision within 21 days On a motion by Mr Manzi, seconded by Mr Masse, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242.845• Brookview Estates (Marchionda & Associates) cont from 12118196 This agenda item was continued from the December 18, 1996 meeting Mike Rosati was present along with Dave Kindred Mr Rosati stated at the site walk the water line crossing Duncan Drive was examined It is now shown on a revised plan how it will cross the wetlands Sheeting will be used and no further alteration will be necessary Mr. Rosati stated that the applicant needs approval from the Commission to temporarily alter the wetlands in order to construct to the proposed water main There was some question regarding the width of the roadway (22' vs 24') The Planning Board would like to see a 24' roadway but Mr Rosati stated that they have had discussions with the Planning Board about waiving the roadway width down to 22 feet Relative to flooding, the alteration should have no impact on the abutter's property as was shown in the site walk The drainage issues are familiar to John Chessia, the Town's consultant Mr Rosati presented a hydrograph plan of the property heading toward the watershed that showed virtually no impact on the abutters downstream This is shown on the drainage calculations also Mr Lynch stated that the Commission needs to understand how the proposed project might cause impacts on upstream pondmg. Mr Rosati replied there is no measurable change between the pre-development and post- development drainage runoff Mr Rosati pointed out on the plan and indicated where there is beaver dam in the flood plain of Mosquito Brook adjacent to the proposed development Mr Rosati stated that at this point the beaver dam poses negligible impact upon the property of the development, but is all likelihood affects upstream properties Mr. Howard asked Mr Rosati if he is stating that the beaver activity is not affecting the drainage at the proposed subdivision and Mr Rosati replied that's right Mr Rosati stated that he can comply with the new Stormwater Policy and will give plans showing said compliance to John Chessia for review Mr. Rosati stated he is looking for input from the Commission regarding the new water main line through the wetland area and the concept of handling the drainage Mr Rosati stated he could "sheet" the area, but that seems excessive to him. Mr Manzi stated that it doesn't seem necessary for that area to be disturbed for a water main when wells are a feasible option. Mr. Howard asked Mr Rosati if the Planning Board could force him to install a water main, and Mr Rosati replied that it's a complicated answer Mr Manzi stated the Commission would be more likely to grant a waiver for a well than a water main Mr Lynch stated his concern that he has yet to hear a compelling argument of why the new water main must be run from Duncan Drive'to the subdivision through a wetland Mr Lynch stated that again the Public Works Department has placed a requirement upon a development through the Planning Board which simply carries over to the Conservation Commission proceedings Mr Lynch asked the applicant if his project could move forward with either wells or a water main The applicant stated that Mr Lynch's question can be answered in two ways, The project does not need to use town water; But the Public Works Department has required it through the Planning Board Mr Lynch asked if the proposed routing of a water main through a wetland appeared on the Town's Water System Master Plan There was no answer Mr Howard stated that he has not seen a Master Plan Mr. Lynch then stated that it appears that the only clear reason behind connecting the new development to the water system is to expand the towns sale of water Mr. Manzi stated that it is amazing how inconsistent the Public Works Department can be Just a couple of weeks ago we heard and read about how the towns reliable use of Lake Cochichewick as a water supply is limited The word being circulated is that with growth in town is occurring so fast that we do not have enough water to meet the projected demands. Mr Manzi stated that given concern with the demand for water he can not understand the desire to expand the system to serve this development Buzz Seeley, 166 Duncan Drive, stated that he has a well and is very concerned that disturbing the property for a water main could cause the flooding situation to become worse. He does not like the fact that the roadway is so near to his driveway He would like a consultant's report stating that the roadway will have no impact on his well Mr Manzi stated that he has a well and there is no way any surface water can get into a well Bonnie Driscoll, an abutter, stated that based upon the last water main expansion project in here neighborhood she is very concerned about trees being cut down and stated that she would like to be present when the trees are cut down for the new water main Mr Howard stated that the trees would be marked for cutting per a future Order of Conditions but it would be outside the jurisdiction of the Commission to notify her Elsie Pouliot stated to the Commission that there appears to be a beaver dam in Fish Brook located in Boxford On a motion by Mr Manzi, seconded by Mr Reich, the Commission voted unanimously to continue the public hearing until the 215197 meeting NACC #5 Lot #4 Pheasant Brook Road Evergreen Estates (Fleury) The applicant filed a N01 seeking authorization to construct a single family dwelling within the Buffer Zone of a Vernal Pool subject to protection under the Bylaw only The applicant provided proof of mailing at the meeting Mr. Howard stated no waivers are requested and the 25'150' setbacks are satisfied Mr Howard recommends closing the public hearing and issuing a decision within 21 days On a motion by Mr Manzi, seconded by Mr Reich, the Commission voted unanimously to close the public hearing and issue a decision within 21 days Decisions: 242.834 Merrimack College Campus (R Kaminski) Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr Manzi, seconded by Mr Masse, the Commission voted unanimously to approve the draft Order of Conditions 242-846• Lot 1 B Pheasant Brook Road (Christiansen & Sergi) Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr Reich, seconded by Mr. Manzi, the Commission voted unanimously to approve the draft Order of Conditions Adjournment: On a motion by Mr. Reich, seconded by Mr Manzi, the Commission voted to adjourn the regular meeting and nter Executive siU,�) 4- fJA o ti os6pli W Ly , Jr, C airman