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HomeMy WebLinkAbout1997-05-07 Conservation Commission Minutes r Conservation Commission Minutes Senior Center May 7,1997 Members Present Joseph W Lynch,Jr, Chairman, Albert Manzi,Jr,Vice Chairman, Joseph Mottola, Robert Mansour,John Mabon,Deborah Feltovic and Beth Wescott Scott Masse arrived at 7 10 p in The meeting was called to order at 7 09 p in Minutes:, No action was taken on the minutes of April 2, 1997 On a motion by Mr Manzi,seconded by Mr Mansour,the minutes of April 16, 1997 were approved General Business: DISCUSSION-Warrant Articles(Albert Manzi,III) Mr Manzi stated that he attended a Selectman's meeting and spoke regarding the warrant article on Osgood Hill and the article on Town Farm The Selectmen are looking for support from the Open Space Committee Mr Manzi handed out literature regarding the warrant articles and stated he is looking for Conservation Commission endorsement Ms Feltovic stated she feels the Commission should endorse the articles,Mr Lynch stated he doesn't necessarily disagree,however, he is concerned about the timing of the articles Mr Manzi III is concerned about the Town selling the Estate and what will happen to the surrounding land Mr Manzi,Jr stated that the Town residents voted overwhelming to purchase Osgood Hill for protection, it is in the watershed,and we should protect it Mr Mabon stated he feels it is consistent with management plans to control the open space in Town Mr Mottola agrees,and feels the warrant articles deserve the Commission's support Ms Feltovic made a motion, seconded by Mr Masse, for the Conservation Commission to endorse Article 41,and the Commission voted unanimously in favor Ms Feltovic made a motion,seconded by Mr Masse,for the Conservation Commission to endorse the Article 42,and the Commission voted unammously in favor DISCUSSION-Wetland Filing Fees Discussion of this agenda item was tabled FILING FEE EXPENDITURE(S): S200 RAM upgrade for the Administrators PC S275 Plant ID Wetlands& Their Borders seminar S300 for new chair for Secretary On a motion by Mr Mansour,seconded by Mr Manzi,the Commission voted unanimously to expend $775 for the above listed items Although this was not an agenda item,Mr Manzi made a motion to expend$160 for each member of the Commssion to have an Environmental Handbook The motion was seconded by Mr Masse and the vote of the Commission was unanimous Expend Conservation Filing Fees for 2"d legal opinion This agenda item was not discussed CONSERVATION RESTRICTION-Lot 9 Sharaners Pond Road At the last meeting the Commission signed the restriction,however,there was one more part of it that needed signatures Mr Howard passed the form out to the Commission members and they signed it 1 T 242-845: MODIFICATION-Brookview Estates(D. Kindred/Marchionda&Associates). Dave Kindred and Mike Rosati were present The NACC issued an Order of Conditions several weeks ago and Mr Kindred is back seeking permission,as a minor modification,to construct a small trail/bridge across a stretch of BVW Mr Rosati stated that when the subdivision was first brought to the Commission,the trail/bndge was on the plan At that time the abutters,Mr &Mrs Seeley,were not in favor of the bridge They were unable to attend tonight's meeting,however,Mr Howard and Mr Kindred stated the Seeley's are in favor of the bridge now The Planning Board is also in favor of the bridge Mr Mabon asked what is the purpose of the footbridge and Mr Rosati stated it is to cover the intermittent stream when children walk over it Mr Howard again stated the Seeley's are now in favor of it Mr Manzi stated he was the most opposed to the footbridge and he still feels it is a bad idea His concern is that debris and clutter will find its way into the resource area,and actually stated that children won't go there in the first place Mr Howard stated he feels it is important for the youth to be in the resource area as it is an educational tool for them Mr Mansour wondered who will repair the bridge when it falls into disrepair in a couple of years Mr Masse stated he sees no basis for the Commission to take any action Mr Lynch stated that we need to give the applicant some direction so he can,go back to the Planning Board On that note,Mr Lynch polled the Comiission asking the question on desirability, do you believe this is an appropriate use of the property? The results of the poll are as follows Ms Feltovic no Mr Lynch no Mr Mabon no Mr Manzi no Ms Wescott no Mr Mansour no Mr Masse yes Mr Mottola yes Public Hearings(8:00 PM) 242-698/705/706: Enforcement Order Lots 1,2,3 Turnpike Street(K.Weinstein) Atty Jeff Renton representing Gunya Corp was present and stated that tremendous progress has taken place on the property Extensive environmental testing was performed and the ground water is completely clean Erosion and sediment controls are in place Atty Renton stated that Gunya Corp has done everything they said they would do and has paid out of their pocket Atty Renton stated that Mr Weinstein has proven his trustworthiness,and they are looking for the cease and desist to be lifted on lot 3,it is now time to move on Mr Howard stated that he has no further issues for Lot#3,the soil is gone, the material removed,the shipping logs are accurate and everything went smoothly A clay material was found and 150 cubic yards are being analyzed As to lot 2,the stumps have been removed,the water clean As to lot 1,the plan shows encroachment into the 25'No Disturbance Zone Mr Howard asked Geoff Andrews if he thought mitigation is warranted in the No Disturbance Zone Mr Andrews stated he feels it should be looked into Tim Stone, Stone Hill Environmental,stated he feels there was always a plan to keep a no-build zone of only 43 feet Mr Howard stated to Tim Stone that the ConCom asked for some testing to be done on lot 1,was that done? Mr Stone replied that it didn't seem necessary to do the testing Mr Manzi stated isn't that what I asked for at the last meeting? At y Renton stated there is no reason to test lot 1,and Tim is not going to dig for testing Mr Mansour asked if testing can be done with soil bonngs7 Tim Stone replied"yes" Mr Howard stated that lot 3 has no further issues except an invoice that has not been paid Lot 2 will likely be in compliance by the May 5, 1997 meeting Lot 1 is not ready for the lifting of the cease and desist yet Mr Manzi stated to Atty Renton that a couple of minutes ago you said everything was all set and we should move on I was out there today and it certainly is not all set Atty Renton stated the cease and desist order for lot 3 should be lifted now,lot 2 by the next meeting,and maybe lot 1 after the next meeting Atty Renton further stated that Simmons Environmental has signed off on lot 3 Mr Manzi stated that the Commission should view the site before 2 lifting the cease and desist order Mr Manzi suggested maybe a motion should be made that the cease and desist should remain in place until the site is remediated and the Con Com has inspected it Steve Stapinski,Merrimack Engineering,was present in the audience and at this time he interjected with some information on lot 1 Turnpike Street He stated that regarding lot 1,there were originally two contractors involved,the first one was responsible for 90%of the backfill Mr Stapmski stated that he personally was out at the site many times and someone from his office was also out there It is all clean fill,and after the second contractor was fired McDonough was brought in for the septic system and driveway and the material was clean,he saw it Mr Stapmski suggested that when Con Coin does the site walk they look at lot 1 also and determine where the samples(if any)should be taken Mr Manzi stated that he spoke to Sandy Starr and she stated that McDonough does not have a license to install septict Ms Wescott asked if soil sampling has been done post excavation and Tim Stone replied"yes,and we are awaiting the results" On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to continue the public hearing until 5/21/97 Request for Determination of Applicability: RDA: Lots 2,3,7,8,9& 11 Brookview Drive(D.Kindred/Marchionda&Assoc.) Dave Kindred and Mike Rosati were present and presented the Commission with proof of mailings Mr Rosati stated that the lots listed are lots that involve the Rivers Zone with a running tally of Outer Riparian Zone alteration of less than 10% On lot 2 the grading is into the buffer zone a bit,the dwelling is outside the buffer zone On lot 3 the dwelling and driveway are outside the buffer zone The septic system is outside of the riparian zone except for some grading Lot 7 will have some alteration of the River Zone but the septic system is outside of the Outer Riparian Zone There will be 2,100 sq ft of alteration if the Outer Riparian Zone On lot 8 the grading is spilling into the River Zone,consequently there will be some encroachment into the buffer zone On lot 9 there will be no alteration of the buffer zone On lot 11,regarding the Rivers Zone,there will be minor alterations for grading in the yard On a motion by Mr Manzi, seconded by Mr Mansour,the Commission voted unanimously to issue a Negative Determnation with erosion controls for Lots 2,3,7,8,9& 11 Brookview Drive RDA-Lot 9 Pheasant Brook Road A Evergreen Estates(Christiansen&Sergi). Jeremiah Cronin was present on behalf of the owners and presented proof of mailings to the Commission He stated work will be in the 100'buffer zone but not within 50' of the resource area Mr Howard recommended a Negative Determination with erosion controls and an inspection prior to construction On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to issue a Negative Determination with erosion controls and an inspection prior to construction RDA-Hydro-Rake(a,Stevens Pond(Bill Hmurciak North Andover DPW) Bill Hmurciak was present and presented the Commission with proof of mailings The pond was last Hydro-Raked in 1993 and the problem is now resurfacing The area beyond the ropes needs to be done Mr Manzi asked when the pond is being Hydro-raked, is there a process to prevent any turbidity? Bill Hmurciak replied the hatch is closed already The material will be deposited right on shore and DPW will haul it away Mr Mottola asked Mr Hmurciak if the job will disturb the fish or spawning at all and Mr Hmurciak said"not really" Mr Howard asked about refueling the trucks and was told the job would take two"tankfuls"and they have material for gas spills Mr Howard recommended a Negative Determination with a pre-construction inspection On a motion by Mr Manzi,seconded by Ms Feltovic, the Commission voted unanimously to issue a Negative Determination with a pre-construction inspection RDA-#770 Bo:dbrd Street(Neve Associates/Peter Breen) Peter Breen was present and gave proof of mailings to the Commission The applicant is seeking permission to construct an addition onto an existing single family dwelling The BVW delineation has 3 been approved and subsequently viewed and approved by the Conservation department No work is proposed within 46' of the resource area Mr Breen stated he built the home in 1970 and after five children he needs a larger kitchen and an office Mr Howard recommended Negative Determination with erosion control On a motion by Mr Manzi,seconded by Ms Feltovic,the Commission voted unanimously to issue a Negative Determination with erosion control RDA-#757&757A Turnpike Street(WPI,Inc &Northpoint Realty Trust). Adele Fiorello was present and provided proof of mailings to the Commission An RDA was filed for wetland boundaries confirmation only Ms Fiorello pointed out the wetland flags on a map A head water stream was determined which joins with Mosquito Brook The watershed was calculated to be 83 sq miles The DEP discusses previously developed areas,which this is One other resource area is bordering land subject to flooding The calculated floodplain is 236 74 feet Ms Fiorello stated the calculations were reviewed by John Chessia Mr Howard stated the BVW and bank shown on the plan are accurate The BLSF is accurate Mr Howard stated the Riverfront information is incomplete, therefore,the applicant may want to withdraw and file an NOI with respect to the Rivers Act Ms Fiorello asked for clarification of where Mosquito Brook begins Mr Stapmski stated in the interest of moving along,even if it was found to be junsdictional we are only in five feet of the Riverfront Mr Howard recommended a positive determination on the limit of BVW,bank,BLSF and specific elevation No determination on the Riverfront was made On a motion by Mr Manzi,seconded by Ms Feltovic,the Commission voted unanimously to issue a Positive Determination on the limit of BVW,banks,BLSF and specific elevations Lou Kmiec,Countryside Offices,expressed concern abaout water under the parking lot Mr Lynch stated that will be discussed in an NOI filing RDA-Bridle Path Subdivision lot#20A.Assessor's May#104C,Parcel 82(WPI,Inc.Coolidge) The applicant has filed an RDA seeking confirmation of on-site wetland resource areas Mr Howard stated the office received a letter from the applicant requesting a continuance until the May 21, 1997 meeting to compile additional information and to re-survey the area On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to grant the applicant's request to continue the public hearing until May 21, 1997 Notice of Intent(s) 242-816:Joanne Drive/Donna Drive(Merrimack EnO cont from 4/16/97 Mr Howard stated all data has been received by John Chessia and signed off On April 26, 1997 NEMA made their recommendations for funding,was this project a candidate to FEMA? Bill Hmurciak replied "yes" Judy Goodwin,an abutter,asked what happens after the project goes thru, is it revisited again if awarded? I did not hear a reply to her question Mr Lynch stated that this project took one full year to complete and he complimented everyone involved for their hard work On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unammously to close the public hearing and issue a decision within 21 days 242-856:#200 Chickerina Road(MHF Design Consultants/Scott Companies)cont from 4/16/97 Mr Mottola excused himself from the discussion as he is an abutter to the project Mark Gross was present and stated that soil testing was scheduled for April 181s but was postponed due to Inclement weather It was re-scheduled for April 22°d and the permeability showed abnormally high ground water Two soil samples were gathered and the permeability tested Additional test pits need to be done The Commission asked for the name of the landscape company,which will be provided when one is lured Mr Howard stated that two items need to be addressed Ms Starr said to go with seven inches or you 4 must retest in her presence in the field,it will be your choice Mr Howard further stated that Mr Chessia said the drainage is close,but to keep working with him Mr Gross stated they should wrap up with John Chessia and Sandy Starr in two weeks Mr Lynch read a letter from an abutter,Thomas Bonanco, into the record stating his opposition to the project On a motion by Mr Manzi,seconded by Ms Feltovic,the Commission voted 6-0-1 (Mr Mottola abstained)to continue the public hearing until May 21, 1997 242-861• Lot 1 Saile Wav(700 Great Pond Rd)Dennis Quintal cont from 4/16/97 The discussion of this filing was continued pending receipt of a DEP file number On a motion by Ms Feltovic,seconded by Mr Manzi,the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242- :PHASE III-Sewer Inst.(DPW)Cont.from 4/16/97 Mr Howard advised the Commission that the office received a written request to continue the public hearing until May 21, 1997 On a motion by Mr Manzi,seconded by Ms Feltovic,the Commission voted i unanimously to continue the public hearing until the May 21, 1997 meeting 242-859: Coachmans Lane Pump Station(DPW)cont from 4/16/97 Mr Howard advised the Commission that the office received a written request to continue the public hearing until May 21, 1997 On a motion by Mr Manzi,seconded by Ms Feltovic,the Commission voted unanimously to continue the public hearing until the May 21, 1997 meeting 242-858: Edgewood Lifecare Osgood Street(Judith Nitsch Eno Sandy Brouck,from Judith Nitsch Engineering was present and stated that four culverts are being replaced as they are old Over time the pipes have crushed and they need to be replaced There will be no alteration of hydrology and they want to maintain what is already going on out there Mr Howard asked how will the runoff change post development,and Ms Brock stated not all the pipes are seen,we intend to restore what is there already,no extensive work will be done Mr Howard expressed concern regarding the pipe size change,and Mr Lynch stated it is of no consequence Ms Brock stated that the culvert area is all crushed down causing water to come over the street Mr Lynch stated that he doesn't see enough information on the plan to proceed with the public hearing Mr Howard asked Ms Brock can you feasibly calculate the RCP to show the ninoff will not increase? Mr Mansour recommended digging up the four areas and determining what is there The public hearing is continued until the May 21, 1997 meeting Adjournment On a tion by Mr M ,seconded by Ms Feltovic,the Commission voted unanimously to adjourn the eeti ose h L r hairman 5