HomeMy WebLinkAbout1997-03-19 Conservation Commission Minutes 7
Conservation Commission Minutes
Senior Center
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Members Present Joseph W Lynch,Jr Chairman,Albert Manzi,Jr Vice Chairman,Scott Masse,
Deborah Feltovic,Joseph Mottola,John Mabon and Beth Wescott,Associate Member Robert Mansour
was absent
The meeting was called to order @ 7 00 PM
Minutes:
No action was taken on the minutes of January 8`h and 22°d,February 19`h and March 1211, 1997
General Business:
Filing Fee Expenditure: U Mass 2 day course in Hydric Soils-$395.00
Mr Howard stated to the Commission he would like to attend a 2 day course in Hydric Soils Assessment
at Umass,Amherst in May On a motion by Mr Mottola,seconded by Mr Manzi,the Commission voted
unanimously to expend the$395 from the Filing Fee Account to allow Mr Howard to attend the course
Filing Fee Expenditure: Cellular Telephone for Conservation Department-$300.00
On a motion by Mr Manzi,seconded by Ms Feltovic,the Commission voted unanimously to expend$300
from the Filing Fee Account to purchase 2 cellular telephones and a pager
Massachusetts Aeronautical Commission-Emergency Certification(R.Doucette)
Mr Doucette was present and stated he is looking for an Emergency Certificate permitting the applicant
(MAC)to cut approximately ten(10)acres of trees and three(3)acres of wetlands in order to improve site
distance from the control tower It will take about one week to do the work Dennis Rand,low bidder on
the project,will do the work and he stated there are two wetland areas where a"John Deere"will be used
to mitigate erosion impacts Temporary roads in and out of the property will be clearly defined The work
will be done by hand in all wetland areas No equipment will be utilized within 25 feet of any wetland
Mr Howard is upset but an agreement to stay out of the disturbance zone was clarified There will be an
environmental monitor and Mr Rand will supervise Re-fuelmg will take place greater than 100' from
any wetland
DEP#242-133: COC Lot 105A/#448 Boxford Street(Attu.Paul Moronev)
An Order of Conditions was issued by the NACC on 8/18/81 authorizing construction of a single family
dwelling and associated structures,including a subsurface disposal system on an undeveloped lot On
8/18/97 a site inspection was performed by the Conservation Department and everything was constructed
as permitted and is working accordingly The house and driveway were also constructed as planned,the
site is stable and the rest of the lot is free of wetlands Ms Martin recommended issuing a Certificate of
Compliance
On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to issue a
Certificate of Compliance for Lot 105A/#448 Boxford Street
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DEP#242-444/445/446& 447: COC Woodlea Village(James Grifoni)
Mr Howard stated these COC's are purely administrative(the work was never carried out and the site was
superseded by the Woodlea Village decision) M D Howard recommends issuing a COC for each
respective file
On a motion by Mr Manzi,seconded by Ms Feltovic,the Commission voted unanimously to issue the
Certificates of Compliance for 242-444&445 &446&447
DEP#242-441: MODIFICATION- Lot 7&8 Long Pasture Road(S.Crowley)
The applicant has requested a Minor Modification from the NACC to regrade Lots 7&8 while
maintaining the 25'No-Disturbance Zone
On a motion by Mr Manzi,seconded by Ms Feltovic,the Commission voted 5-1-0(Mr Masse opposed)
to grant the modification for#242-441 Lot 7&8 Long Pasture Road as depicted on the plan entitled
"Modification Plan/Grading Plan lots 1,2,3,7&8"dated REV 3/18/97
DEP#242-441: MODIFICATION-Long Pasture Road(S.Crowley)
The applicant has requested a Minor Modification from the NACC to perform wetland replication out of
sequence
On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted 6-0-0 to grant the minor
modification
DEP#242-728: PCOC-Lot 3A Hawthorne Place(Coolidge Const. Co.)
The Department is in receipt of a letter from a professional engineer stating that the work performed is in
substantial compliance with the Order of Conditions with the following exception dwelling and driveway
were constructed differently than on the approved plan,and decks have been constructed to the rear of
each of the houses Ms Martin performed a site visit and since all construction is outside the 25'/50'
setbacks,she recommends issuing a Partial Certificate of Compliance On a motion by Mr Manzi,
seconded by Ms Feltovic,the Commission voted unanimously to issue a Partial Certificate of Compliance
for Lot 3A Hawthorne Place
DEP#242-728: PCOC Lot 4A Hawthorne Place(Coolidge Const.Co.)
The Department is to receipt of a letter from a professional engineer stating that the work performed is in
substantial compliance with the Order of Conditions with the following exception dwelling and driveway
was constructed differently than on the approved plan,and decks have been constructed to the rear of each
of the houses Ms Martin performed a site visit on March 171`and found that the house&driveway differ
from the"As-Built"when compared with the"Plan of Record" She was unable to verify flags D7 and D8
or any other flags in the field Per the As-Built,the driveway=46' from flag D7,the corner of the deck=
48' from flag D8 Ms Martin recommends denying the PCOC request On a motion by Ms Feltovic,
seconded by Mr Mottola,the Commission voted unanimously to deny the request for a Partial Certificate
of Compliance for Lot 4A Hawthorne Place
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Public Hearings(8:00 PM)
Request(s)for Determination ofApplicability:
RDA: #1070 Osgood Street(Rudolph Neve)
Mr Howard inspected the property and re-delineated with an additional two wetland flags There were no
additional outstanding issues from the prior public hearmg On a motion by Mr Manzi,seconded by Mr
Masse,the Commission voted unanimously to issue a Positive Determination approving the delineation
and a Negative Determination for proposed work
RDA: Dale Street Map 37B,Parcel 1 (Smith Property)
The applicant made a request to the Commission to waive the filing fee as this is the second filing for the
same project On a motion by Mr Manzi,seconded by Mr Masse,the Commission voted unanimously to
deny the applicant's request and post the filing fee again Abutter Daniel Takesian was present and stated
the stream flows year round He demonstrated on a map his concerns and again stated the stream flows
all year long
Adele Fiorello,Wetlands Preservation,Inc made a presentation regarding the stream She claims it has
groundwater during wet weather but does not flow year round Abutter Terry McCollister,#206 Dale
Street,expressed his concerns with the survey and felt it was incorrect in some locations,particularly
water levels Mr Stapinski justified the survey Mr Lynch stated"we are here to confirm the wetland
delineation only " Mr McCollister stated that he doesn't think the wetland line is accurate Abutter
Dave Rand stated that in 1955 there was a serious bog fire that burned for 4 weeks The fire engine was
caught m the bog Beavers constructed a dam near Rand's house The water level has risen to a point
where it floods adjacent properties Mr Manzi stated that no matter what happens with this property the
beavers will still continue to raise the water level Ms Fiorello conducted a stream evaluation report on
the area(ditch)that Mr Rand is referencing
A discussion ensued regarding the present property owner The applicant's representative stated that Mr
Smith died in 1990 and his widow,Gwendolyn Smith,was not notified of this proposal Mr Lynch asked
if we had any instrument showing who the current owner was? Mr Masse asked do we have any legal
documentation stating that Geoffrey Smith is the legal owner and can account for this proposal? Ms
Fiorello to request legal documentation stating that Geoffrey Smith can act on behalf of Gwendolyn
Smith A site walk will be conducted after the April 2°d meeting
It is now 9 40 p m and Al Manzi left the meeting to go to work
Notice of Intent(s)
DEP#242 816• Joanne Drive/Donna Drive(Merrimack Ens=,Inc)(coat from 3/19/97)
Steve Stapinski was present and submitted revised plans for Campbell Forest Subdivision Wetlands
Preservation,Inc submitted information on the bypass culvert Mr Howard stated he would like the
Commission to focus on his letter to Mr Stapinski dated 2/9/97 A lenghty review and discussion ensued
regarding this correspondence
Abutter Paul Hudson, 1850 Salem Street,stated that the proposed by-pass culvert will be in his backyard
He suggested lining the embankment with gravel to protect the stream Abutter Judy Goodwin again
reiterated her concerns with the water problems in Middleton Mr Stapinski stated he has already looked
into her concerns and the drainage as proposed will significantly mitigate her problem Abutter Debbie
Accica addressed wildlife concerns to the Commission
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On a motion by Mr Masse,seconded by Ms Feltovic,the Commission voted unanimously to continue the
public hearing until April 16, 1997
DEP#242-856:200 Chickering Road(NI[HF Design Consultants)(cont.from 2/19/97).
Mark West was present and requested, in writing,a continuance until the April 2, 1997 meeting Mr
Howard stated that he had spoken with DEP and John Chessia and they both felt that the current proposal
may not be in conformance with the Stormwater Management Policy Mr Howard strongly suggested
that the detention structure outlet be pulled out of the 100'Buffer Zone,this would eliminate the need for
a stormwater review
On a motion by Mr Masse,seconded by Ms Feltovic,the Commission voted 5-0-1 (Mr Mottola
abstained)to grant the continuance until the April 2, 1997 meeting
Decisions:
DEP#242-857: Lot A-1 Concord Street(Comet Realty Trust)
Mr Howard had a draft decision prepared for the Commission to review On a motion by Mr Masse,
seconded by Ms Feltovic,the Commission voted unanimously to approve the draft Order of Conditions
for Lot A-1 Concord Street
DEP#242-852: Lot A Rea Street(R.Romano)
Mr Howard had a draft decision prepared for the Commission to review On a motion by Ms Feltovic,
seconded by Mr Mottola,the Commission voted unanimously to approve the draft Order of Conditions for
Lot A Rea Street
DEP#242-853: Lot C Rea Street(R.Romano)
Mr Howard had a draft decision prepared for the Commission to review On a motion by Ms Feltovic,
seconded by Mr Masse,the Commission voted unanimously to approve the draft Order of Conditions for
Lot C Rea Street
Adjournment:
On a motion by Mr Masse,seconded by Ms Feltovic,the Commission voted unanimously to adjourn the
meeting
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