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HomeMy WebLinkAbout1997-08-20 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room August 20, 1997 Members Present Joseph W Lynch, Jr , Chairman, Albert Manzi, Jr ,Vice Chairman, Robert Mansour, Joseph Mottola, Scott Masse and John Mabon Staff Present Michael D Howard, Administrator, Richelle Martin, Associate and Karen A Fitzgibbons, Secretary Minutes July 2, 1997 and July 16, 1997 On a motion by Mr Manzi, seconded by Mr Masse, the Commission voted unanimously to approve the minutes of July 2"d and July 16, 1997 August 6, 1997 no action taken General Business: 242-792 Enforcement Order Woodlea Village Jim Grifoni, Steve Stapinski and Jack Masterson were present Mr Howard stated there have been clear violations of the OOC's on this property and the approved Wetland Restoration Plan and Construction Sequence were completely disregarded and nowhere to be found on-site The Environmental Monitor has failed to perform his function as intended and ordered under the Order of Conditions Mr Stapinski stated the violations took place during utility installation Mr Manzi noted all of the pre-construction conditions ordered under the OCC and stated the de-watering plan was not in place Mr Manzi further expressed his concern for the blatant disregard for the OCC, noting that disregard was as blatant as violating the "dry weather"provision of the OCC and that work did not commence all during a summer of very dry weather Rather the applicant commenced work during last weeks heavy rainI Mr Howard sent a letter to Mr Stapinski outlining the violations and environmental damage caused by the problems at the site A week has gone by between Ms Martin's authorization to stabilize the site and Mr Howard's follow up letter Mr Howard went on site to view the violations,no Environmental Monitor was present) Hay bales were installed improperly and in the wrong location(s) in the field Mr Manzi mentioned again about working in the ram and was concerned that silt was being carried down stream Mr Howard replied under the existing condition there is no longer concern with dowstream silt migration Mr Howard stated that silt impacts luckily had been contained thus minimizing downstream impacts Mr Howard stated the rip rap, stone bank and hay 1 bales are all in now, so there is no concern regarding tonight's forecast of ram The present status of the site is stable and all construction activities, other than protection measures, have been shut down since last week Mr Masse stated he would like to hear what excuses are to be given regarding the violations Mr Stapinski replied that he drove by the site last Monday and saw men working at the site He stated that there was "no boss present" He immediately called the Conservation Office Mr Stapinski asked for Mr Howard Mr Howard was not in Mr Stapinski did not ask for nor notify"the other Conservation person" of the violations (Note- Ms Martin is charged with proper authority to discuss matters of this nature with applicants and their reprentatives This fact is known by Mr. Stapinski I) Mr Stapinski then called Mr Grifom who was on vacation Two reports were transmitted to the Conservation Office by Mr Stapinski Jim Grifom, Steve Stapinski, Jack Masterson and Mr Howard met on site the day after Mr Grifom learned of the violations Mr Masterson implemented remedial work There is a two tenths of a foot difference in the elevation of the pipe—no pondmg occurred There are leaves present in the channel that were there two weeks ago Mr Manzi stated that in April a letter was sent to Mr Stapinski from Mr Howard, and everyone working in the field should be aware of the OOC's and they should be followed Mr Stapinski agrees the letter was very clear and no work should have been performed during a rainstorm Mr Manzi asked whose job was it to arrange a talk with Mr Howard prior to anything being done? Mr Stapinski replied"the owner" Mr Howard stated that Mr Grifom is the responsible party and Mr Stapinski failed as an Environmental Momtorl Mr Masse disagrees—once the applicant accepts the OOC's and hands it over to the Environmental Monitor he is responsible,the job should have been shutdown' Mr Stapinski very heatedly disagrees, stated that Mr Masse was not present at the site and feels that the last thing the NACC would have want was to shut the job done as shutting the job down would have increased the risk of environmental harm at that time Mr Mansour asked Mr Stapinski"isn't it one of the responsibilities of the position of the Environmental Monitor to see that the work has started and is being done in accordance with the OCC"? It seems to Mr Mansour that work was being done and that the Environmental Monitor and Mr Howard were not aware of! Mr Manzi stated that if the OOC's are not adhered to, why write them? Mr Manzi stated the Commission is frustrated with the applicant as to a repeated disregard to written OCC's and many past violations Mr Mansour stated the problem is that contractors don't read the OOC's and a$100 a day fine is coffee money to them) Mr Manzi recommends not lifting the cease & desist until the flaws are taken care of Mr Manzi made a motion, seconded by Mr Mansour, to lift the cease and desist only, unless, and until the following items are satisfied to Mr Howard 1 A revised construction schedule is submitted 2 A copy of the executed contract between Mr Grifom and Masterson, Inc 3 An Environmental Monitor schedule—full time 4 Schedule a 2nd pre-construction meeting with the NACC administrator 5 A Downstream inspection of wetland resource areas 6 Appear before the NACC @ a public hearing on 9/3/97 @ 7 00 pm 2 Discussion regarding the above motion Mr Masse asked why not just wart two weeks? Mr Manzi replied that ideally,that would be a good idea, however, it's likely to ram sometime within the next two weeks and that there is too great a risk for downstream damage Since it is the end of,summer we are also losing the growing season The vote of the Commission is as follows Mr Manzi yes Mr Lynch yes Mr Mansour yes Mr Mabon yes Mr Mottola yes Mr Masse no As the vote was 5-1-0 the motion passed Discussion continued until 9/3/97 public hearing 242-705 Lot 3 Turnpike Street—Extension Permit (Gunya Corp) and 242-706 Lot 2 Turnpike Street—Extension Permit (Gunya Corp) Mr Lynch stated to the Commission the above two items would be discussed in unison Atty Jeff Renton was present on behalf of Gunya Corp and stated that the OOC's are scheduled to expire on 8/27/97 and Gunya Corp failed to file an extension request within 30 days of the established expiration date,they were "just 9 days over" Atty Renton is asking the Commission to please overlook the 9 days and grant the waiver request Because this property has been scrutinized due to the contaminated soils, and Mr Weinstein complied with whatever the Commission requested, Atty Renton is asking for some consideration Mr Manzi asked"what happened?" Atty Renton replied Gunya lost their contractor, lost money and time just went byl It's been a terrible time for Gunya and they need the Commission's mercy now Mr Masse stated that with all the meetings we've had on this property it's hard to understand how Gunya could miss this Mr Manzi stated his concern is that precedent would be set with granting the waiver and that he would not be willing to set such a precedent On a motion by Mr Manzi, seconded by Mr Masse,the Commission voted unanimously to DENY the requests for extensions to the Order of Conditions for 242-705 and 242-706 242-700 Meadowood III—Extension Permit(Hillside Realty Corp) Tom Hurley appeared before the Commission requesting a one year extension to the Order of Conditions for Meadowood III He was asked if they had requested an extension in the past, and Mr Hurley replied"no " 3 On a motion by Mr Manzi, seconded by Mr Mabon,the Commission voted unanimously to grant a one year extension to the Order of Conditions for DEP file#242-700, Meadowood III 242-627 COC Lot#15 Carriage Chase (Hayes Engineering) An OOC was issued by the NACC on 11/18/92, authorizing construction of a home and necessary appurtenances The work was continued through an Enforcement Order after the OOC had expired Ms Martin inspected the property on August 14, 1997 and stated r the site is stable and she has no issues The Conservation Office is in receipt of a stamped as-built plan and a letter from a P E certifying compliance The Town is holding $3,000 in bond money On a motion by Mr Manzi, seconded by Mr Masse,the Commission voted unanimously to issue a Certificate of Compliance for DEP file#242-627 and release the bond money 242-847 Settlers Ridge/Bond Reduction (T Zahoruiko) The applicant is building an eleven(11) lot residential subdivision including roadway design and associated utilities and appurtenances The Town is holding $32,000 in bond money for the project The applicant is looking for the Commission to release $13,500 of the bond money Ms Martin has inspected the subdivision frequently and the applicant is doing a good job with site development and adhering to the permit Mr Howard stated the bond schedule has been followed to a T and he recommends releasing $13,500 of the bond money On a motion by Mr. Manzi, seconded by Mr Masse,the Commission voted unanimously to release $13,500 of the bond money the Town is holding for DEP file#242-847 Settlers Ridge subdivision 242-818 Lot 59 Bridges Lane/Bond Reduction (New England Engineering) An OOC's was issued by the NACC on 7/24/96 authorizing a single family home, driveway and grading within the buffer zone of a BVW 25/50' setbacks were mandated and met Ms Martin inspected the property on 8/14/97 and the site is stable The Town is holding $4,000 in bond money, $3,000 for the home and$1,000 for the restoration plan The applicant is requesting a bond release of$2,000 Ms Martin recommends releasing $3,000 from the total bond, as the home is in compliance On a motion by Mr Masse, seconded by Mr Mansour, the Commission voted unanimously to release $3,000 and retain $1,000 of the bond money being held for this project 242-600 Enforcement Order--North Andover Estates 4 Bruce Pitts was present on behalf of Toll Brothers asking the Commission to grant a 60 day extension for the installation of the gas and oil separators Mr Pitts has tried to hire three different firms to perform the installation,but it seems they don't want to do such a small job, therefore he is requesting additional time The Commission pointed out they have given Toll Brothers plenty of time and will consider extending until the 9/17/97 meeting On a motion by Mr Manzi, seconded by Mr Masse, the Commission voted unanimously to extend the time frame for the oil and gas separators installation until the 9/17/97 public hearing and Mr Pitts is to appear at that meeting 242-845 Modification to OOC Brookview Estates (Dave Kindred) Dave Kindred, Mike Rosati and Gary Kelloway were present An Order of Conditions was issued which incorporated a"jacking pit" outside the 25' No-Disturbance Zone and running the utility "under"the resource area While proceeding with the work,the contractor has run into the worse possible conditions ledge and boulders To "jack" a three foot sleeve through would be cost prohibitive There is only a certain amount of latitude to "bore"through boulders Mr Kindred has been in touch with Mr Hmurciak and he recommends trenching the water main through and using ductile-iron pipe instead of plastic Mr Howard stated that a feasible crossing can occur,Mr Kindred has always done a good job on his projects Mr Kindred stated Metcalf&Parker will be hired,the 'job will take one day and 340 sf of wetland will be temporarily altered Dual mains will be installed in case there is a problem in the future Mr Mabon asked how many trees will be lost and was told only one more than was previously thought a total of seven On a motion by Mr Manzi, seconded by Mr Masse,the Commission voted unanimously to consider the modification as minor with all work being monitored by Mr Howard and he is to have the option of an Environmental Monitor on site PRESENTATION - Bordering land subject to flooding—R. Martin Due to the length of the "General Business"discussions, Ms Martin was not able to give her presentation Public Hearings (8:00 PM) Notice of Intent(s) 242-866 Lot 2 4357 Rea Street(Wetlands Preservation, Inc)M Joyce cont fr 816197 Dan O'Connell from Christiansen& Sergi and Dr Sally Newman from Wetlands Preservation were present Mr Howard met with the applicant, Mr Christiansen, Dr Newman and Mr.Young last week to resolve outstanding issues and clarify drainage concerns There are still a few outstanding issues to be discussed tonight wildlife habitat mitigation, BVW Replication, pre-construction requirement for soil, de-watering filter and stockpile locations These items were discussed and resolved tonight Mr Howard 5 stated the only item left is for the Commission to make a determination regarding the resource area which Mr Howard feels is not subject to the Rivers Bill Mr Lynch asked if there were any comments or questions as to the status of the stream being intermittent or perennial. Mr. Howard replied that regardless as to the status of the stream there is no design impact to the project Mr Howard stated to the Commission there should be no determination made as to the"riverfront status" of Mosquito Brook The Rivers Act is unclear as to defimtionI Mr Masse asked if we consider the stream as perennial, how does it negatively impact Mosquito Brook? Mr Howard replied it is not subject to jurisdiction under the Rivers Bill, and he asked the Commission to accept his recommendation in good faith Mr Howard is strongly advising the Commission not to make a determination at this time) The Commission has agreed to make no determination Mrs Averka, an abutter to the property, is concerned about Mosquito Brook and what effect this project will have on it Mr Lynch stated that we've held many public hearings and have received much information on this project and the Commission will make the correct decision Elsie Pouliot, Boxford Street, expressed concern regarding the proposed gravel driveway and what if in 5 years the applicant paves its Mr Manzi stated that paving will require a filing with the Commission for a modification to the Order of Conditions 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 242-875 Route 114 McLay's (Stop & Shop) Merrimack Eng cont fr 8120197 Steve Stapinski and Tom Laudam were present this evening Mr Howard stated that since the last Con-Com meeting he had a meeting with Mr Stapinski and a sitewalk with several members of the Commission present Mr Howard has worked through the stormwater management issue with Mr Stapinski and now they are waiting for John Chessia's comments Mr Stapinski stated that water sample results will be forwarded to Mr Howard Snow-fighting/Anti-icing chemicals will be prohibited from the site Only sand is to be used in the parking lot The Commission wants a condition requiring maintenance of a list of property contacts including property owner,tenant,property manager,maintenance people, store manager, etc so Mr Howard will know who to contact under the long-term maintenance plan Mr Stapinski replied that will be no problem Mr Howard will receive a monthly report for two years to keep him updated on who the manager is Mr Stapinski stated that the store manager will be responsible for any spills in the parking lot, but the owner is the responsible party overall Material stockpiling to be 50' from the resource areas The Commission wants the identity of where the soil will be coming from They don't want another problem like lots 2 and 3 Turnpike Street Mr Stapinski stated there may end up 6 being six pits, but they will all be identified Mr Howard stated the hay bales will have to sit on the edge of the wetlands Lou Kmiec, an abutter, Countryside Realty, stated his concern that the engineering department really studies the groundwater level, he has the only building not on a slab in the area and he is concerned about water On a motion by Mr Manzi, seconded by Mr Masse, the Commission voted unanimously to continue the discussion at the 9/3/97 public hearing 242-877 Lot 2A Flagship Drive (MHF Design Consultants) Mark Gross, MFH Design Consultants, was present and gave the Commission proof of mailings Mr Gross stated the proposal is for a 30,214 sf light manufacturing facility, driveway, circulation,parking and necessary utilities The access will be from Flagship Drive This is a fairly limited area, subject to stormwater management There is a series of detention swales for the 2, 10 and 100 year storm events Regarding sediment removal all basins are oversized An escrow account needs to be established, and the applicant was given the opportunity to choose one Mr Gross stated Coler and Colantonio is fine with them, in fact,they have already sent the stormwater management report to that firm On a motion by Mr Manzi, seconded by Mr Masse, the Commission voted unanimously to establish an escrow account in the amount of$2500 On a motion by Mr Manzi, seconded by Mr Masse,the Commission voted unanimously to continue the discussion of this project until the 9/3/97 public hearing 242-8741101 Turnpike Street(Valley Environmental) Ward Smith, Valley Environmental, was present and gave the Commission proof of mailings The proposed project is to replace two 25 year old underground storage tanks with double walled tanks There is no contamination present, the tanks are just old If pumping groundwater is necessary it will be pumped into a pea gravel area A well is located in the island, the soil is unsaturated, therefore,they do not expect to find any leaks The old tanks will be removed and the holes enlarged to accommodate the new tanks At that time the groundwater will be tested for contamination, and if found to be contaminated the water will be placed into trucks and hauled out Mr Howard stated the delineation is accurate and no new impervious surface is to be added Hay bales and a silt fence will be used, and the fire department will be notified when the tanks are pulled Mr Manzi asked why not use above ground tanks and he was told there is ledge present and above ground tanks require a pit and a concrete platform Mr Manzi asked if there were any monitoring wells and was told the present ones no longer have any use, they are outdated Mr Howard asked why pull the tanks and was told just to be ahead of the game,new regulations require that unprotected UST must be removed/replaced by 1998 Bob Murray, an abutter on behalf of Trustees of Reservations, was present for this discussion He had no questions On a motion by Mr Mansour, seconded by Mr Masse, 7 ............... . the Commission voted unanimously to close the public hearing and issue a decision within 21 days Decisions: 242-872 Lot 1 Sutton Street(Lawrence Airport Comm) Merrimack Engineering Services 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 for 242-872 242-867 Boxford Street—Gas Utility Pipeline(Wetlands Preservation, Inc 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 for 242-867 242-873 706 Foster Street(Geraldine Lemoine)New England Eng Services 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 for 242-873 242-876 29 Johnnycake Street(Swaminathan)New Englandg Serevices 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 for 242-876 NACC 46 Lot 2 Saile Way (Dennis Quintal, P E ) 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 for NACC 46 Conservation Commission Filing Fee Expenditure Even though this was not an agenda item, Mr Mottola made a motion, seconded by Mr Mabon, to expend$300 from the Conservation Filing Fee Account to enable two Commission members to attend a conference on The Rivers Protection Act and Regulations to be held October 1, 1997 Adjournment: On a motion by Mr Masse, seconded by Mr Manzi,the Commission voted unanimously to adjourn the meeting 8 Joseph W k' , Jr Chairman 9