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HomeMy WebLinkAbout1997-09-17 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room September 17, 1997 Members Present: Joseph W Lynch, Jr, Chairman, Scott Masse, Deborah Feltovic and Joseph Mottola Albert Manzi, Jr, Vice Chairman, arrived at 8 15 pm,Robert Mansour, John Mabon and Beth Wescott were absent Staff Present: Michael D Howard, Conservation Administrator, Richelle Lee Martin, Assistant Administrator and Karen A Fitzgibbons, Secretary Minutes: August 20, 1997 no action taken September 3, 1997 no action taken General Business: Discussion of Forest View Estates Subdivision(Salem Turnpike/Rt 114) Mark Gross, MHF Design, was present for this informal discussion Mr Gross stated the proposal is for a 95 lot conventional subdivision on 70+ acres of land There will be one roadway crossing of 1200 to 2000 sq ft and to minimize the impact the applicant is proposing to use an arched concrete structure The width of the road will be minimized to 22' and a waiver for the shoulder width will be asked for from the Planning Board There will be an open space area for possible recreational use For the narrow wetland crossing a 4' wide pedestrian foot bridge is proposed using pressure treated wood Mr Gross stated they will be asking for waivers from the Commission The buffer zone impacts appear to be minimal and the project will be on sewer Mr Howard stated this proposal is a significant improvement from the previous filing that was rejected by the Planning Board 242-593 PCOC Lot 5 Old Cart Way (New England Engineering) Ben Osgood, Jr and Len Getty were present An OOC was issued on 6/20/94 authorizing construction of a 12 lot subdivision within the buffer zone Two extension permits have been granted and have expired The 25'/50' setbacks have been met and the home has been constructed accordingly A retaining wall has been constructed on the property which was not indicated on the Plan of Record This wall was constructed 26' from flag B6, and at its highest point, is approximately 8' high The site is stable and the Town is holding a bond in the amount of$3,000 The Conservation Office is in receipt of a letter and a stamped as-built certifying compliance although the retaining wall was not accurately detailed on the plan Ms Martin inspected the site on 8/28, 9/16 and 9/17 and since has asked Mr Osgood to submit as-builts tonight with the retaining wall properly detailed Mr Osgood stated he has brought as- built plans with him and he distributed them to the Commission The as-built plan does depict the stone wall, however, Mr Howard stated the plan of record does not show a retaining wall Mr Howard asked Mr Getty when the wall was built and Mr Getty replied about a year and a half ago Mr Howard then asked Mr. Getty "you did not feel the need to check with my office" and Mr Getty replied"no" Mr Lynch stated that Mr Getty is darn lucky that something proposing a greater impact did not happen here, Ms Feltovic agrees it does not comply Mr Masse asked Mr Howard what he needs for the file and Mr Howard replied a cross section of the wall certified by a P E Mr Mottola feels the Commission should issue the PCOC Mr Howard stated he is not passionate about it, it is up to the Commission Mr Masse pointed out that lately there seems to be a lot of disregard shown when it comes to plans Mr Masse made a motion to deny the PCOC pending receipt of a cross section of the stone wall The motion was seconded by Ms Feltovic and discussion followed Mr Lynch is inclined to accept the plan as is The vote was taken on the above motion and it was 2 (Ms Feltovic & Mr Masse) to 2 (Mr Lynch& Mr Mottola) As the vote was a tie,the motion failed Mr Osgood then asked the Commission if he presented three cross sections of the wall, gave the plan to Mr Howard, would that be acceptable'? Mr Lynch stated we have to decide on what's before us tonite Ms Feltovic made a motion that pending Mr Howard's approval of the three cross sections we would give him the authority to issue a PCOC The motion was not seconded Mr Lynch stated we are not granting conditional PCOC'sl Denied, 242-824 COC 300 Granville Lane (Steve Mason) Scott Giles An OOC was issued on 9/19/96 authorizing construction of a deck, grading, landscaping and the widening and paving of an existing gravel driveway all within the buffer zone of a BVW The original bond was for $1,000 and was reduced to $500 in December 1996 Ms Martin performed a site inspection on 9/11/97, the lot is stable, the Conservation Office is in receipt of stamped as-built plans and there are no outstanding issues Ms Martin recommends issuing a COC On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue a Certificate of Compliance for 242-824 242-063 PCOC Lot 3, 29 Wildwood Circle (Linda Tremblay) An OOC was issued in 1979 (Ms Martin found it necessary to inform the Commission and audience she was a mere 6 years old thenf) and does not state what was authorized The applicant came into the office regarding a PCOC because she is likely to be selling her property Ms Martin inspected the site on 9/11/97 and found there to be wetlands in the backyard There are no setbacks mandated in the OOC There is no reason for an as- built to be submitted since we do not have an approved plan in the file Ms Martin recommends issuing a PCOC On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue a Partial Certificate of Compliance PRESENTATION—BORDERING LAND SUBJECT TO FLOODING-- R. Martin t Ms Martin gave a very informative, brief presentation to the Commission regarding the above subject She also handed out some literature to the Commission and they thanked her for her efforts in these presentations ADMINISTRACTIVE ACTIONS: Mr Howard gave an updaie to the Commission regarding Lot F Flagship Drive An Enforcement Order was issued on 9/15/97 to Mr Masseh A complaint came into the Planning Office regarding the heavy ram and silt into the wetlands The project was in violation of the Planning Board permit, in fact, it seems the permit was totally ignored by the applicant Mr Howard stated he and Ms Colwell have an appointment with the applicant tomorrow(9/18/97) and they may have to file a Notice of Intent Mr Howard will keep the Commission posted Public Hearings (8:00 PM) Request(s) for Determination of Applicability RDA Turnpike St/Rte 114 between Harold Pkr Rd& Hillside Rd(MHF Design Cnstls) Mark Gross was present and proof of mailing was given to the Commission There was a question regarding Harold Parker Road and whether it is a street or just the entry way to the forest Mr Gross stated it is a street that is the entry way to the forest almost across from Berry Street Mr Howard stated the work is limited to the roadway itself,the applicant is present to be sure the delineation is approved Mr Howard stated that Boston Brook does appear within the three miles Ms Feltovic made a motion, seconded by Mr Masse, to issue a POSITIVE determination of applicability referencing the Riverfront area,the BVW and the brook The vote of the Commission was unanimous Tom Laudam was present and Mr Howard informed him that several residents have called the Conservation Office asking if they could tie into the sewer line Mr Laudani stated that a force main trunk will be run down Route 114 and that a lateral cannot be tied into a force main Mr Lynch stated the issue of the sewer being a force main or gravity sewer is a valid issue and will be discussed in more detail when the sewer project NOI is filed Notice of Intents) 242-871 Lot I Dale Street MPG Realty Corp (Wetlands Preservation, Inc) cont fr 913197 Mr Howard stated that he received a letter today requesting a continuance until 10/1/97 in order for the applicant to clear up a few items Mr Masse was unable to attend the site walk, but Mr Lynch explained to him what was seen during it It is now 8.15 pm and Mr Albert Manzi has arrived Kerry McCollister, an abutter to the property,was present and stated he thought the site walk was beneficial to all Mr McCollister also stated he has a USGS map and it shows the elevation being different than the applicants How will that be resolved? Mr Howard stated that will be addressed in Mr Chessla's review On a motion by Ms Feltovic, seconded by Mr Masse,the Commission voted 4-0-1 (Mr Manzi abstained)to continue the public hearing until 10/1/97 242-877 Lot 2A Flagship Drive (MHF Design Consultants) cont fr 913197 Frank Monteiro and Greg Weich were present The site is being redesigned to avoid any disturbance to the 100' buffer zone The applicant is redesigning the grading and the drainage They won't be discharging into the buffer zone Mr Howard stated he agrees with Mr Monteiro to a point There is some gray area regarding the point discharge Mr Howard recommended to the applicant they file a Notice of Non-Significance and continue the public hearing until 10/1/97 On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to continue the public hearing until 10/1/97 242-879 Lot 7A Old Cart Way (Neve Assoc)Paul&Maryann Maus cont fr 913197 Mr Lynch asked if the proceedings were being taped and Mr Maus replied"yes " Mr Howard read from the minutes of 11/21/90 stating that a COC was issued. There is a history of modifications in the file,but the minutes are sketchy The question of property ownership of Lot 7 remains outstanding No waiver requests are asked for Mr Manzi stated that if there is a question of ownership and the title if defective,that's not our problem) John Morin handed out revised plans to the Commission members and stated at the last meeting there was a question of the existing utilities not being on the plan The telephone, electric and cable utilities are now on the plan The water stub is outside of the 25' no cut zone The drainage is shown on the plan, with the manhole across the street and the outlet structure to control runoff is shown on the plan Mr Morin stated the as-built elevations are at 202 4—six tenths lower than shown on the design The 100 year flood elevation is 203,therefore, Mr Morin stated he didn't go any further Mr Morin stated the driveway next door could have been built too low Mr Lynch asked Mr Morin if the 6" orifice was fouled with debris and Mr Morin replied no, it was clear as was the 12" one Mr Howard pointed out the orifice down the street needs cleaning out Mr Morin stated that he used a drip trench to control the roof and driveway runoff The subdivision had a large cul-de-sac which no longer exists Mr Manzi asked if the property is a proposed Form A and Mr Morin stated"yes " It has not been before the Planning Board yet It was pointed out that an ANR(Approval Not Required) is not a permit The applicant has applied to the Board of Health but does not have approval yet Mr Howard stated the Commission has exhausted those areas that are in their jurisdiction The Commission wants to be sure the letter to Mr Halpin is in the record Mr Lynch asked if there were any abutters present who wished to speak,keeping in mind we don't want to rehash what has already been discussed Joyce Perocchi, corner of Boston Street& Old Cart Way asked how many feet from Old Cart Way is the proposed dwelling and was told about 50' Mr Lynch stated if there are restricted covenants the applicant must come before us again George Lepke asked for a clarification of a drip trench, is it adequate9 Mr Morin stated a drip trench is above ground and easier to maintain Mr Lynch stated he doesn't agree, the water will find its way down to a point charge discharge Mr Morin stated if the Commission wants a dry well, I'll do it Mr Lynch stated that is what he wants Bruce Patterson, an abutter, stated that in spring, fall and winter there is water present and the control box obstructs the water Mr Lynch stated it is an existing condition that the Commission can't control, it is not this applicant's problem Mr Howard recommends closing the public hearing and issuing a decision in 21 days On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to close the public hearing and issuing a decision within 21 days 242-881 Lot 2 Route 114 Gunya Corp (Wetlands Preservation) cont fr 913197 and 242-880 Lot 3 Route 114 Gunya Corp (Wetlands Preservation) cont fr 913197 At the request of Mr Lynch these two items were discussed together Geoff Andrews, Wetlands Preservation, was present Mr Andrews stated at the last meeting several items were requested to be shown on the plan and they now are wetland flags, the stone wall along the 25' no disturbance zone,the foundation drain for lot 2, notes pertaining to no decks being built without NACC approval and all fill to be inspected by the NACC Mr Andrews stated that his client(lot 2) would like a small deck on the right hand side of the house Mr Howard stated that would hold up the public hearing Mr Andrews stated he will come back to the Commission with a modification Mr Howard recommends closing the public hearings and he has draft decisions prepared for the Commission's review this evening On a motion by Ms Feltovic, seconded by Mr Mottola,the Commission voted unanimously to close the public hearings and review the draft decisions prepared for this evening Decisions: 242-881 Lot 2 Route 114 McLay's(Stop& Shop)Merrimack Engineering and 242-880 Lot 3 Route 114 McLay's(Stop& Shop)Merrimack Engineering Mr Howard had two draft Order of Conditions prepared for the Commission's review this evening On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission approved the draft Order of Conditions as amended for DEP#'s 242-881 and 242-880 242-875 Route 114 McLav's (Stop& Shop)Merrimack Engineering Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr Manzi, seconded by Mr Mottola,the Commission voted 4-1-0 (Mr Masse opposed) to approve, as amended this evening,the Order of Conditions for DEP file#242-875 Adjournment On a motion by Ms Feltovic, seconded by Mr Manzi,the Commission voted unanimously to adjo the meeting ............... :............. . seph W Lync Jr. airman