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HomeMy WebLinkAbout1997-09-03 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room September 3, 1997 Members Present: Joseph W Lynch, Jr , Chairman,Deborah Feltovic, Joseph Mottola and Scott Masse Albert Manzi, Jr, Vice Chairman arrived at 7 15 pm and John Mabon arrived at 7 20 pm Beth Wescott and Robert Mansour were absent Staff Present: Michael D Howard, Conservation Administrator, Richelle Martin, Conservation Assistant and Karen Fitzgibbons, secretary The meeting was called to order at 7 11 p in Minutes: August 6, 1997 On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to approve the minutes of August 6, 1997 as drafted August 20, 1997 No action was taken General Business: 242-792 Enforcement Order Woodlea Village Steve Stapmski and James Grifom were present This is a status report of the Enforcement Order issued on this property Mr Howard stated that the issues have been resolved and he has given the applicant permission to begin work Due to the holiday and recent weather conditions the work has not begun again There are no outstanding issues The NACC reiterated its displeasure with the Developer's repeated and willful disregard for the OCC and the NACC The NACC let the developer know how lucky it was that a more severe environment event had not occurred and"there will be no more warnings or leniency", any further violations on this project or by this developer will most certainly result in criminal charges being filed NACC# 3 Extension Permit Great Pond Estates (Marilyn Elias) NACC# 3 authorizes construction of a roadway, stormwater management system (including two detention ponds) and subsurface utilities The OOC is due to expire this month and the applicant has failed to request an extension within 30 days prior to the date of expiration Mr Howard stated the site is stable and in good shape Impacts to the wetlands are not evident at this time and the Environmental Monitor is doing a good job The scope of remaining work is significantly less than that of Gunya's and not likely to 1 impact adjacent wetlands On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted 4-1-0 (Scott Masse opposed) to grant a one year extension until September 10, 1998 242-713 Extension Permit Andover Sportsman's Club(Tom King) This is the 15`extension request and it was made greater than 30 days from the date of expiration Mr Howard recommends granting the extension for a period of one year with an expiration date of 10/14/98 On a motion by Mr Manzi, seconded by Mr Masse, the Commission voted 5-0-1 (Mr Mabon abstained)to grant the extension for a period of one year with an expiration date of 10/14/98. 242-700 Modification to OOC Meadowood III (Mark Snowden) Mr Snowden is before the Commission tonight requesting a modification to allow a 10' x 16' deck to be constructed on his property Mr Snowden handed out plans to the Commission and stated there are no impacts to the wetlands Ms Martin did a site inspection and verified there would be no impact to the wetlands and there is a silt fence present Mr Lynch stated that he has become very concerned with the repeated request for decks on this project He noted that the issue of closeness of buildings to resource areas was hotly debated during the public hearings under which this project was reviewed and ultimately approved During that debate the NACC was adamant that future modification requests allowing building closer to wetlands than that shown would be denied A number of good honest homeowners have requested modifications of the NACC In almost every instance the homeowners were encourage to request permission of the NACC to build decks on the new homes Not a single homeowner was specifically told they could not build a deck upon there homes Mr Lynch also noted that this dwelling is built closer than that allowed by the OCC and that this itself is a violation He wants the developer to provide the Commission with as-built plans,these lots are cookie cutter boxes and stairs, back porches, and other features required under the Building Code are never shown thus resulting in an"impossible to build scenario"I Any applicant can request a modification at any time Mr Lynch concluded in noting to Mr Snowden that the issues he just described speak to the displeasure he has with the performance of the developer and not a slight upon Mr Snowden He did point out to Mr Snowden that the apparent"Violation"at his home, and other homes in the development could potentially cloud clear legal title to his property As the Commission viewed the plan handed out by the applicant, Mr Manzi stated that all he sees are more requests for modifications coming before the Commission in an already congested areal The applicant stated that his neighbor directly next door received a modification from the Commission recently On a motion by Mr Manzi, seconded by Mr Masse, the Commission voted unanimously to DENY the request for a modification 2 242-867 Modification to OOC Boxford Street—Gas Utilit�Pipeline (Wetlands Pres ) The NACC issued an OOC on 8/21/97 authorizing construction of a gas line down Boxford Street A typo error was made regarding condition#7 and condition#15, therefore,the Commission needs to modify the OOCs On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to approve a minor modification for 242-867 242-716 Bond Reduction Lot 4 # 1080 Turnpike Street(Merrimack Engineering) An OOC was issued on 11/7/94 authorizing construction of a SFH with all utilities Ms Martin performed a site inspection on 8/28/97 and the replication area looks great, no evidence of siltation, the site is stable, the office is in receipt of a letter certifying compliance and a stamped as-built plan Ms Martin stated she has no issues The total bond is $6,000 and Ms. Martin recommends releasing $4500 and retaining $1500 for the last growing season of the replication area Mr Sturdivant, homeowner, stated he moved in in May, and the area is now fully engulfed in grass Mr Manzi asked Mr Sturdivant why not wait until the end of the growing season(October 15`h) and apply for a full bond release instead of doing it piecemeal? Mr Sturdivant asked Mr Manzi "who made you my banker?" A motion was made by Mr Mottola, seconded by Mr Mabon, to release $4500 and retain$1500 The vote of the Commission was 3-3-0,therefore,the motion failed due to a tie Mr Masse made a motion to reduce the bond to $3,000 holding the balance until the final growing season Mr Lynch asked if there was any discussion and Mr Masse made a request that his original motion be withdrawn The request to withdraw the original motion was seconded by Ms Feltovic and the Commission voted unanimously in favor Mr Manzi made a motion to deny any request for a bond reduction which was seconded by Mr Masse The vote of the Commission was 2-4-0 and the motion failed Mr Mabon made a motion, seconded by Ms Feltovic,to reduce the bond to $3,000 The vote of the Commission was 4-2-0, therefore, the motion passed 242-729 Bond Reduction Lot 3AA Winter Street(Steve Doherty) An OOC was issued on 2/6/95 authorizing construction of 2 homes, detention pond, drainage improvements, septic systems and driveway The bond reduction request is for the roadway and the wetland crossing, which have both been completed accordingly The replication is doing well as observed and confirmed in Steve D'Urso's progress report The office is in receipt of a stamped as-built for the roadway and crossing Ms Martin inspected the site on 8/28/97 and has no issues Ms Martin recommends releasing $11,500 from the $20,000 bond the Town is holding On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to release $11,500 of the bond money being held by the Town 242-292 COC Lot 16, 23 Carriage Chase (New England Engineering) 3 Mr Follansbee appeared before the NACC earlier this year seeking a COC for the above referenced parcel As the NACC is aware,the applicant constructed a"wildlife pond" within the limits of a BVW some time ago There has been an outstanding Enforcement Order and Order of Conditions recorded against the property The Commission requested that a wildlife habitat study be performed and submitted to the Conservation Administrator for review and subsequent approval The study finds that the existing pond has resulted in an increase in wildlife diversity, specifically providing breeding habitat for fish and amphibian species The Department is in agreement with these findings Mr Howard recommends granting the COC as evidence has been submitted to the NACC verifying that wildlife habitat values have not been lost thus bringing the site into substantial compliance On a motion by Mr Mottola, seconded by Mr Mabon, the Commission voted unanimously to issue the Certificate of Compliance 242-827 COC Lot 952, 282 Blue Ridge Road(Scott Giles)Mary Tyrrell An OOC was issued on 9/19/96 authorizing removal of vegetation, excavation and regrading within the Buffer Zone of a BVW The lawn is stabilized,the office is in receipt of a stamped as-built plan and a letter certifying compliance The Town is holding a$1500 bond Ms Martin recommends issuing a COC On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to issue a Certificate of Compliance 242-842 COC Lot#8 Sugarcane Lane (Bill Barrett) An OOC was issued on 11/26/96 authorizing construction of a SFH,retaining wall and associated grading within the Buffer Zone of a BVW Ms Martin performed a site inspection and stated the site is stable,the office is in receipt of a stamped as-built plan, a letter certifying compliance and she has no issues. The Town is holding a bond in the amount of$2,000 Ms Martin recommends issuing the Certificate of Compliance On a motion by Mr Mabon, seconded by Mr Masse,the Commission voted unanimously to issue a Certificate of Compliance 242-691 PCOC Seven Oaks Subdivision Roadway (Paul St Hilaire) An OOC was issued on 4/8/94 authorizing construction of a subdivision Ms Martin performed a site inspection on 8/28/97 and stated the slopes are stabilized, the office is in receipt of stamped as-built plans, a letter certifying compliance and she has no issues The Town is holding a bond in the amount of$3,000 Mr Lynch stated there is no topography shown on the plan and there is a steep slope near lot 5 and lot 2 The Commission collectively reviewed the plan of record Mr Lynch stated this is an incomplete request On a motion by Mr. Masse, seconded by Ms Feltovic,the Commission voted unanimously to DENY the request for a PCOC 242-691 PCOC Lot#7 Sugarcane Lane(Bill Barrett) 4 An OOC was issued on 4/8/94 authorizing construction of a subdivision Ms Martin performed a site inspection on 8/28/97 and the site is stable,the office is in receipt of a letter certifying compliance and a stamped as-built plan The bond was reduced to $2,000 back in February Ms. Martin recommends issuing a PCOC Mr Masse made a motion to issue a PCOC as applied to lot 7 ONLY and does not in any way apply to the roadway Ms Feltovic seconded the motion and the vote of the Commission was unanimous to issue a PCOC for 242-691 ONLY 242-158 PCOC Lot 18A#217 Bear Hill Road(Morris, Rossi &Haves) An OOC was issued on 9/8/82 authorizing a 77 lot subdivision including roadway, driveways,homes, etc Ms Martin inspected the property on 7/30/97 and found there to be no wetlands on site She has no issues and recommends issuing a PCOC On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to issue a PCOC for 242-158 Filing Fee Expenditure $150 Account#23-1711-5316 Mr Howard is asking the Commission to expend $150 for a Town seal/decal representing the Protected Open Space in North Andover On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to approve the Filing Fee Expenditure 242-816 Modification to OOC Campbell Forest(Ken Grandstaff) Kenneth Grandstaff, Mesiti Development, was present this evening to discuss the bond schedule Mr Lynch stated that since the culvert hasn't been started yet, and was supposed to be started during the dry season, does this mean you aren't beginning work on the project until next spring? Mr Grandstaff replied "no " The Commission expressed concern that no work has started yet, and Mr Grandstaff explained that his company is having a difficult time obtaining an easement from the abutter Paul Hudson They are,however, diligently working on it and expect to have the easement very soon Mr Lynch wants the applicant to understand and the record to reflect that no work of the "development,proper"until such time as the culverts on Campbell Road and Salem Street are rebuilt in accordance with the approved plans and OCC Mr Lynch also requested that the developer submit a construction sequence and a schedule of values for proposed construct so that the NACC can review the matter of a Bond Reduction Schedule Mr Masse made a motion to determine that the modification if not minor, it is major or moderate The motion was seconded by Mr Manzi. Discussion Mr Grandstaff stated he is requesting to disburse the funds, not start work and he is not clear on this at allf He asked what determines if it is a major,moderate or minor modification and Mr Manzi stated the Commission doest Tom Laudam was present and asked if the modification is considered to be major and the request is denied, can we submit and re-advertise? The 5 Commission replied if the modification is deemed to be major,then yes If moderate, then the applicant must re-notify abutters and advertise the pertinent information regarding the proposed change but there would most likely not be a new Notice of Intent Mr Masse wants to clarify his motion—it is moderate—meaning the applicant must re- notify and re-advertise, but not a new Notice of Intent Mr Manzi seconded the clarification and the vote of the Commission was unanimous The public hearing will be re-opened on September 17, 1997 Mr Lynch re-stated to the applicant that obtaining an easement for the new/replaced culvert is crucial He further stated that if the NACC in no way is a party to negotiating or securing an easement with an abutter Mr Howard asked the Commission to allow him the authority and discretion to let the applicant begin work if the applicant posts the $90,000 bond in accordance with the OCC On a motion by Mr Masse, seconded by Mr Manzi,the Commission gave Mr Howard the discretionary authonty to allow the applicant to begin work providing he establishes the $90,000 bond On a motion by Ms Feltovic, seconded by Mr Mabon, the Commission voted unanimously to continue the public hearing until September 17, 1997 Public Hearings (8:00 p.m.) Request(s) for Determination of Applicability RDA 31 Gray Street- Colonial Village Development(B Barrett) Proof of mailing was given earlier to the Conservation Office Mr Manzi made a motion that, in regards to the RDA, the Commission will hear from the applicants only The motion was seconded by Ms Feltovic and the vote of the Commission was unanimous Steve Stapinski was present and showed plans to the Commission. The garage will be removed,the driveway to be extended to the back door No waiver requests are being asked for Mr Howard recommends issuing a negative determination On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to issue a Negative Determination of Applicability with erosion control RDA Lot 12 Dale Street between 863 & 907 Dale Street(Glenn T Saba) The applicant(Glenn Saba) has filed an RDA seeking a negative determination to construct a single family dwelling in the BZ of a BVW Proof of mailing was given to the Commission The BVW delineation is approved as shown on the plan before the Commission this evening The proposed dwelling is greater than 100', grading and a retaining wall are all that is within the jurisdiction of the Commission Mr Howard requested, and received, revised plans with an appropriate stamp Waivers have not been requested Mr Howard recommends issuing a negative determination with a pre- construction meeting On a motion by Mr Manzi, seconded by Mr Masse, the Commission voted unanimously to issue a Negative Detenmination of Applicability with a pre-construction meeting to be held with Mike Howard and to include a requirement for erosion control to be installed at the direction of Mr Howard 6 RDA Map 108C Lot 44 Turnpike St, Rte 114, Harold Pkr St Forest(MHF Design Cons) Mark Gross and Tom Laudam were present Proof of mailing was given to the Commission Mr Howard stated that no work is proposed at this time, and there are no changes to the wetland line as shown on the plan Mr Howard recommends issuing a Positive Determination of Applicability referencing the plan of record before the NACC this evening On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue a Positive Determination of Applicability referencing the plan of record Notice of Intents) 242-862 Rocky Brook Est II Lots 1-6, 10A, 11A & 12B (Neve Assoc) cont from 6/18/97 This is a continuation of the public hearing The applicant re-advertised this public hearing and gave proof of mailing to the Commission John Morin from Neve Associates was present and stated that the number of lots has stayed the same, and the large upland wetland is now a jurisdictional area Mr Morin stated that Mosquito Brook and Rocky Brook were observed to be not flowing during the summer Mr Howard stated that no decision by the NACC is warranted tonight on the matter of Mosquito Brook being intermittent or perennial under the Rivers Act National Climatic Data information has been given to Mr Howard along with Wildlife Habitat information The applicant has submitted information to John Chessia, and is awaiting review and a written reply from Mr Chessier Mr Morin suggests using the old wetland as the replication area Mr Howard stated that his review of the request is still preliminary at this time and as such the NACC is not ready to accept the proposal Mr Morin asked the Commission to continue the Public Hearing the October 1, 1997 meeting. On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to continue the public hearing until October 1, 1997 242-871 Lot 1 Dale Street MPG Realty Corp (Wetlands Preservation,Inc) cont fr 8/6/97 Curt Young from WPI and Eric Hayland engineer on the project were present Mr Young had a plan for the Commission to review and stated that revisions were made to correct errors in the topo and to properly show details regarding proposed BMPs Mr Hayland stated that test pits and soil tests have now been done Pits located at the rear of the property indicate that sandy loam was found. Testing for house lots went down 6 feet and lots 1,2,3 and 4 were sandy, 5 and 6 more silty Lot 7 was nice, gravel material Mr Lynch requested that test pit logs be submitted to the commission and that they be forwarded to the Mr Chessier for use in his review of the proposed drainage system Based upon the information obtained from the test pits the detention basin has been lifted 7 2 feet The grades on the road have been changed to create a high area which will drain to the roadway Mr Howard stated that John Chessia received the information at noon yesterday The area is staked and ready for a site walk Mr Takesian, an abutter, asked if the homes within the proposed development would be on septic The answer was"no, municipal sewer" Mr Hayland stated that no observed water was found in any of the test pits Mottling in the soil indicates that the seasonal high water is about 2' below the surface The information has been submitted to the outside consultant for review Kerry McCollister, an abutter, is concerned about water appearing on his property and asked"may we assume the detention pond will leach into the "white" area as shown on the plan9" Mr Hayland stated"yes" and Mr McCollister again mentioned his concern about water on his property Mr Howard stated the water is slowly released into the land—it is not a surface overflow The proposed detention pond is 180' long x 40' wide and situated upon relatively flat ground A site walk is scheduled for September 10" at 6 pm on Dale Street On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to continue the public hearing until September 17, 1997 242-875 Route 114 McLU's (Stop & Shop) Merrimack Eng cont fr 8/20/97 Steve Stapinski and Tom Laudam were present this evening for the continuation of the public hearing Most of the outstanding issues have been resolved with the exception of the stormwater management plan Mr Stapinski stated the USGS information he needed to properly design the infiltration system was just receive information today He is now able to design the infiltration system for water collected from the roof of the proposed building The roof drainage pipe was designed today and it should hold 100%of the volume They plan to set the elevation of the groundwater recharge device and submit to John Chessia Mr Howard stated the only outstanding issue on this project is the issue of proper design of the proposed groundwater infiltration system The NACC stated to the applicant that they should request to continue to Public Hearing until such time as Mr Chessier's review of the new stormwater recharge design is complete Mr Lynch stated that he understood that the applicant's wish was to close the Public Hearing He further stated that the Commission could not continue the hearing without a request of the applicant or his agent He cautioned the applicant that a request to close the hearing could result in a denial as all the information necessary to reach a decision was not available prior to closure of the hearing He further cautioned that a one possible condition that the NACC might require is that the stormwater management system meet certain conditions and that this condition , though appearing to be an approval, may in essence be nothing more than a"poisoned approval" should the condition be unattainable Mr Lynch concluded that the matter of continuing, or not continuing the hearing was an exclusive choice of the applicant The Order of Conditions will be conditioned regarding the infiltrators per Mr Howard 8 Lou Kmiec, Countryside Offices, stated he is opposed to the project based on the elevations Mr Kmiec distributed a letter to Commission members stating his objection Mr Kmiec wants the stormwater storage tanks located above the ground water table He has been at his location 25 years and his property is very dry Tom Laudani stated to Mr. Kmiec that you've been through the process with us,we've stated that we could have your engineer meet with our engineer Mr Kmiec said"no " Mr Manzi stated the Commission has all the data from the applicant, Mr Kmiec's letter, and with permission of the applicant Mr Manzi made a motion, seconded by Mr Masse, to close the public hearing and issue a decision within 21 days Mr Lynch asked if there was any further discussion Mr Manzi stated to Mr Kmiec that we need proof you have an engineer,but you are only providing us with a letter and if there is nothing more substantial then we may vote to close the public hearing at the applicant's request Nothing more substantial was provided The Commission voted unanimously on the above motion to close the public hearing and issue a decision within 21 days The time is 10:00 PM and Albert Manzi had to leave for work. 242-877 Lot 2A Flagship Drive (MHF Design Consultants) cont fr 8/20/97 Frank Monteiro was present from MHF Design and stated he would like to begin some site work Mr Howard stated that work outside of the buffer zone would be acceptable as long as the buffer zone is staked out in the field Mr Howard also pointed out that the stormwater management does apply to a commercial project Test pits will be needed and the applicant was told they should meet with John Chessia to speed up the process On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to continue the public hearing until September 17, 1997 242-879 Lot 7A Old Cart WE Paul& Maryann Maus (Neve Assoc ) The applicant has filed an NOI seeking an OOC to construct a single family dwelling with associated septic system and utilities within the BZ of a BVW An OOC was previously issued by the NACC denying the project for numerous reasons and design inadequacies This NOI and anticipated OOC will supersede that filing Proof of mailing was given to the Commission John Morin,Neve Assoc , was present and stated the resource area was approved last fall under and RDA The closest point of disturbed area at the hay bales to the BVW is 27 feet The house at closest point to wetlands is 51 feet Waivers of the 25' no-cut and 50' no-build have not been requested The question came up regarding the foundation dram being curved as shown on the plan Mr Lynch stated the type of piping used can be easily wrapped around the foundation and curved Mr Lynch stated that a matter regarding ownership existed during the former NOI hearings and that the Commission is not present to hear about the ownership of the property Mark Bayman, 366 Boston Street, stated he does not understand where the location is, how close to the end of Boston Street is,the property? Mr Morin stated approximately 500 feet An abutter stated that a lot of building is going on in the general 9 area, what determination is there regarding the wetlands? Mr Howard stated that any work within 100' of wetland requires filing with the Conservation Commission Joan Howard (an abutter and no relation to Mike Howard, the Conservation Administrator) interrupted her husband speaking to make the Commission She asked if the Chairman, Mr Lynch and those in attendance are aware that Mr Maus is tape recording the proceedings Mr Lynch stated though such activity is inconsiderate it is perfectly legal to do so Mr M Howard read the section from Mass General Law that states audio and video taping is allowed Mr David Howard stated setting aside the issue of ownership, the lot lines are different from the first NOI Mr Morin stated the plan is not an endorsed or approved form A plan yet He also stated that the matter of a lot line adjustment and the abandonment of the former Olde Cart Way right of way would be reviewed and approved with the appropriate authorities Mr Maus stated he received a letter from the Town Manager that the Maus' own the land, not the Town Mr David Howard expressed concern that the electrical utilities are not shown on the plan Bruce Patterson, lot 8C, stated some changes on the lot lines are not restricted to Old Cart Way The existing drainage flow outlet control box is not shown on the plan Mr Patterson stated that about twice a year his cellar floods, and before the control box was installed, it never flooded. Mr Morin stated the grading of the lot was being improved and it will not increase the runoff to the low ponding area near the outlet control Roof runoff will be collected to the house foundation drain and will also intercept the groundwater coming from underneath It was designed higher than the seasonal high water therefore there will be ample capacity to accept roof drainage There is room to install a dry well in front of the property if need be Mr. David Howard again stated his concern about water on his property Mr Michael Howard stated that no work is proposed in the wetland, it is a single family home in the buffer zone Mike Howard agreed to review the proposed stormwater management area and offer comment at the next meeting George Little, lot 3, stated the existing conditions are his concern Joan Howard stated conditions specific to lot 7A are not met as far as she is concerned Ponding of the water is putting 2 driveways injeopardy On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to continue the discussion until the September 17, 1997 meeting 242-881 Lot 2 Route 114 Gunva Corp(Wetlands Preservation) and 242-880 Lot 3 Route 114 Gunva Corp(Wetlands Preservation) Mr Lynch stated these two filings will be discussed together as the issues are very closely inter-related Proof of mailing was given to the Commission for both filings 10 Curt Young, Jeff Renton and King Weinstein were present for the discussion The permits have expired and the Commission did not issue extensions due to the fact the applicant did not have a written request in to the office 30 days prior to the expiration date The applicant then filed NOIs for the projects The wetland delineation remains valid for both lots The applicant has requested waivers of the 50' no-construction zone Mr Howard stated the stone wall and wetland flags should be placed on the plan and a foundation dram could not be located. Mr Lynch instructed the applicant to put a note on the plan that there will be no decks without a permit from the NACCI Mr. Howard suggested continuing the public hearing until the issues are all resolved Mr Young stated he will have a site plan in the Conservation Office by Monday Mr Howard stated he will do his best to have an OOC ready for the September 17`h meeting for a possible vote Mr Masse stated regarding the setback issue, because lot 3 is already under construction it makes no sense to enforce the setback on one lot and not the other Mr Weinstein stated I assume you mean no rear deck,but what about front decks? Mr Lynch stated we mean in the rear' Mr Howard asked about the wall at lot 1 and Mr Young stated the owners are very difficult to work with—they don't seem to want a wall or anything else I Mr Young suggested a meeting with the homeowners On a motion by Mr Mottola, seconded by Mr Masse,the Commission voted unanimously to continue the public hearing until September 17, 1997 242-878 Great Pond Road Map 35 Lot 005 Kenneth Yameen(Robert Prokop) The applicant has filed an NOI seeking an OOC to construct a driveway, utilities and wetland replication area within the Lake Cochichewick Watershed The wetland delineation was approved through a prior RDA filing and is accurately depicted on the plan Robert Prokop and Kenneth Yameen were present this evening The applicant feels as though this will be considered a"limited project"due to the fact that they can not access the upland area without the crossing of a wetland Mr Howard agrees with this Mr Howard stated there is no mention of the utility work running down Great Pond Road,no de-watering plan,no construction sequence, no erosion control and no number of culvert crossings A silt fence should be a specification for this project The drainage is to be reviewed by the Planning Board through John Chessia The applicant is expecting the sewer line to be installed by the Town Mr Lynch asked if the replication area is located in the most advantageous location where chances of survival are best Mr Howard stated it seems so Mr Lynch stated that the plan shows grades in the driveway are substantial He also notes that the plan does not propose a crown in the driveway to channel the water Mr Lynch stated that given the grades proposed in the driveway crowning and diversion of surface water to stormwater management (treatment swales) in the driveway shoulders must be shown on the plan Mr Mabon stated we need more information placed on the plan regarding the crossing of the wetland at the beginning of 11 the driveway The location of the sanitary sewer and the crossing of the culvert are essential to know Mr Prokop stated that he looked at the nearby driveways,they are straight and don't seem to have erosion problems Mr Mabon suggested slanting the bottom of the driveway a bit so the water will flow away from the lake An abutter from 75 French Farm Road asked if anyone could explain the requirements around the replication area Mr Howard stated that if you fill in wetlands, you must replicate 2 to 1 Mr Howard wants placed on the plan the line delineating the 25' no- disturbance zone Brian Webster, 87 French Farm Road, asked what about pools, can the new wetlands affect me? Mr Lynch stated the answer is"yes "there is some conceivable movement north and east Mr Howard stated, however, that your property is too far away,there will be no effect Mr Webster stated in the spring time there is lots of water and he is concerned about it Mr M Howard stated the Conservation Commission has no jurisdiction, but the Planning Board does Mr Webster stated by raising the elevation it diverts water back on to my property Mr Lynch stated"again, that is a Planning Board issue " Mr Rose, 80 French Farm, expressed concern regarding chemicals and salt going into the lake Mr Lynch pointed out chemicals and salt go into the wetlands before they find themselves in the lake He further descibed that pollution attenuation is exactly one of the functional values inherent in a wetland Mr Rose also mentioned there is wildlife in the area and he wonders if the NACC regulates that Mr Rose was told that there is very little regulation that protects wildlife habitat John Ferguson, 111 French Farm,expressed concern regarding the significant water that flows down the area Mr Prokop pointed out on the plan just where the water flows The abutters did not agree with him. The applicant requested a continuance until the October 1, 1997 meeting On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to grant a continuance until October 1, 1997 Decisions: 242-866 Lot 2, #357 Rea Street(Wetlands Preservation, Inc) M Joyce Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to approve the draft Order of Conditions for DEP file#242-866 242-874 1101 Turnpike Street(Valley Environmental) Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to approve the draft Order of Conditions for DPE file#242-874. Adjournment: On a motion by Ms Feltovic, seconded by Mr Mottola, the Commission voted unanimously to adjourn the meeting 12 �/Seph W y , Jr , Chairman 13