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HomeMy WebLinkAbout1997-12-03 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room December 3, 1997 Members Present: Joseph W Lynch, Jr, Chairman, John Mabon, Deborah Feltovic, Albert Manzi, Vice Chairman and Beth Wescott Scott Masse and Robert Mansour were absent On November 24, 1997 the Board of Selectmen appointed Ms.Wescott a full member of the Conservation Commission. She has been sworn in by the Town Clerk,therefore, she is now able to vote on all matters before the Commission. Mr. Lynch welcomed Ms Wescott aboard and stated that he was sure that she would serve the Town well. Staff Present: Richelle Martin, Assistant Administrator and Karen A Fitzgibbons, Secretary were present Michael D Howard, the Administrator was absent The meeting was called to order at 7 02 PM Minutes: October 15, 1997,November 5, 1997 and November 5, 1997 Executive Session On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to approve the above listed minutes as written General Business: 242-870 COC Boston Hill Ski Area, 1275 Turnpike St(Enpro) An OOC was issued by the NACC on 7/21/97 authorizing the excavation and removal of contaminated soil within the Buffer Zone of a BVW and within the limits of the Boston Brook Riverfront Area Mr Howard was on-site while the work was proceeding and a wetland biologist was on-site at all times The OOC did not require an"as-built"plan nor did the Commission mandate two growing seasons Jim Brown from Enpro is present this evening on behalf of the applicant On a motion by Ms Feltovic, seconded by Mr Manzi, the Commission voted unanimously to issue a Certificate of Compliance and to release the bond money 242-852 Bond Reduction Lot 3D-1(fka Lot A)Rea Street, Bill Barrett An OOC was issued on 3/20/97 authorizing construction of a single family home, driveway, septic system and appurtenances within the Buffer Zone of a BVW and the Outer Riparian Zone of the Riverfront Area The home is approximately 72' from flag 103, the septic has been constructed>100' from the wetland,the bond is $5000,there is a 1 Conservation Restriction in place and the site is not stable Ms Martin inspected the site and has no issues Ms Martin recommends releasing $3000 thereby retaining $1000 for stabilization and $1000 for the Conservation Restriction Mr Manzi expressed concern that the site is not stable and he is concerned about rain and sheet flow in the winter months Mr Lynch stated that the as-built plan has no topo information on it, but from his recollections the area is flat Mr Manzi reiterated that the original bond was put in place to assure compliance and to address any potential damage caused by an unstable soil condition. He further stated that since the site remains unstable he could not consider a bond reduction to the extend suggested by Staff Mr. Lynch asked if the Applicant or his representative was in the room to offer any further comment on the Bond Reduction Request There was nobody present in the room on behalf of the Applicant On a motion by Mr Manzi, seconded by Ms Wescott, the Commission voted unanimously to release $1500 from the bond money being held by the Town 242-759 COC 94 Fla sg_hip Drive (Development Assoc) Ken Vincunas An OOC was issued on 8/22/95 authorizing expansion of a paved parking lot area in the Buffer Zone of a BVW The interceptor drain was shown on the Plan of Record,but did not need to be constructed at the site which is why it is not shown on the as-built plan Ms Martin inspected the site, it is stable, the office is in receipt of a stamped as-built and a letter from a P E certifying compliance with the OOC On a motion by Ms Feltovic, seconded by Mr Manzi, the Commission voted unanimously to issue a Certificate of Compliance and release the $3000 in bond money the Town is holding 242-158 PCOC for Additional OOC Lot 18A 217 Bear Hill Rd(Morris,Rossi & Ham An OOC was issued on 9/8/92 authorizing a 77 lot subdivision including roadway, driveways,homes, etc This particular lot received a PCOC for this DEP file on 9/3/97, but there is an additional OOC that was overlooked, and the title can not be cleared until a PCOC is issued for the additional OOC Ms Martin inspected the site and there are no wetlands present This is purely administrative and Ms Martin recommends issuing the PCOC On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to issue a PCOC for Lot 18A 217 Bear Hill Road 242-742 Bond Reduction Lots 5 & 6 Boston Street(Donald Johnston) An OOC was issued on 4/25/95 authorizing filling 1,300 s f of BVW for the driveway crossing, and one dwelling within the Buffer Zone of a BVW The replication area has been constructed accordingly and seems quite successful as addressed in Steve D'Urso's status report The replication area has to complete one more growing season The septic is> 100' from the wetland, the office is in receipt of a letter from a R P L S. and as-builts certifying compliance with the OOC Ms Martin performed a site inspection, the site is stable and she has no issues Ms Martin recommends releasing $6500 leaving a balance of$3500 to be held by the Town Mr Lynch read a letter from Steve D'Urso regarding the replication area and how it is difficult to evaluate Mr Manzi made a motion to 2 release $4,000 retaining $6,000 pending the next inspection Ms Feltovic seconded the motion and discussion followed Mr Manzi stated that a$3,000 release for the home is appropriate, however, given Mr D'Urso's letter regarding the replication area he feels a $1,000 release for that is in order Mr Lynch agrees and the vote of the Commission to release a total of$4,000 was unanimous 242-705 COC Lot 3 Turnpike Street(Gunya Cojp) King Weinstein and 242-706 COC Lot 2 Turnpike Street(Gunya Corp,) King Weinstein The above referenced OOC have been superseded by new NOI filings DEP#'s 242-880 and 242-881 As such, and as a means of clearing up old files, Mr Howard instructed the applicant to request COC's and a release of the bond money The current OOC's establish a new bond amount This is administrative, and the office is in receipt of bond money from the new filings On a motion by Mr Manzi, seconded by Mr Mabon,the Commission voted unanimously to issue Certificates of Compliance and to release the bond money for Lots 2 & 3 (242-705 & 242-706) Turnpike Street 242-691 PCOC Seven Oaks Subdivision Roadway (P St Hilaire) Christiansen& Sergi An OOC was issued on 4/8/94 authorizing construction of a subdivision This is the applicant's second request for a PCOC The first was denied due to the fact that there was an unapproved discharge pipe into the wetland in the cul-de-sac The office is in receipt of a letter from Phil Christiansen explaining the logic behind this discharge pipe It is the applicant's position that the Dept of Public Works required them to construct the pipe as an emergency overflow The applicant should have come before the Commission for a modification and didn't Paul St. Hilaire is present this evening. Mr Lynch stated that a point source discharge has been created here, how do we deal with it now,the pipe is already in' Mr Manzi wondered how you issue a PCOC on something that is not in compliance? There is no modification request, right? Right Mr Lynch stated that he would like to speak with Bill Hmurciak and also see the pipe for himself Mr St Hilaire stated that even during the 100 year ram storm in October `96 no water came out of the pipe On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to DENY the PCOC for DEP#242-691 Mr Lynch will coordinate inspection with Mr Howard and Mr Hmurciak and offer a recommendation at a later date Decisions: 242-889 427 Winter Street(Jeffrey Isquith)New England Engineering Mr. Howard had a draft OOC prepared for the Commission's review. On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to approve the draft OOC as read this evening 3 242-882 Stevens St Map 96/Lot 36 (Flintlock. Inc ) Marchionda&Assoc. Mr Howard had a draft OOC prepared for the Commission's review The Commission wants a condition added stating that a construction sequence of the box culvert is to be given to Mr Howard prior to any construction activity On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to approve the draft OOC as amended this evening NACC #7 Lot 3 Saile Way (Eight Meadows Realty Trust) Dennis Quintal Mr Howard had a draft OOC prepared for the Commission's review On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to approve the draft OOC as read this evening Public Hearings (8:00 PM) Request for Determination of Applicabihty RDA 12 Farnum Street(New England Eng Services)Anthony Randazo The applicant has filed an RDA seeking authorization to install a replacement septic system approximately 70' from an isolated freshwater wetland, grading is proposed within 40' The wetland delineation was inspected on 12/3/97 and approved as shown Waivers have not been requested The site is not located within the limits of a Zone A Floodplain Ben Osgood, Jr. was present and gave the Commission proof of mailings Mr Osgood stated this is a failed system which calls for a new tank There is an isolated wetland on rear of the property which we don't intent to disturb. Erosion controls will be used The flags have been confirmed in the field There will not be much material to stockpile Mr Howard recommends issuing a Negative Determination of Applicability with a pre-construction meeting requirement to inspect erosion control measures On a motion by Mr Manzi, seconded by Ms Feltovic,the Commission voted unanimously to issue a Negative Determination of Applicability with a pre-construction meeting to inspect erosion control measures Notice of Intent(s) 242-883 1635 Osgood St (Tyler Munroe)Marchionda&Assoc cont fr 11/5/97 This agenda item was continued from 11/5/97 in order to afford more time for the stormwater management review through the Town's consultant. Mr. Chessia submitted his final comments in a letter report dated 11/24/97 indicating that there are no further issues The plan has been revised substantially and waivers have not been requested. A couple of test pits were performed in Mr Howard's presence The leach pit has been designed in accordance with the obtained data Mr Rosati was present and stated the 4 r building has been moved to the rear of the lot,the entrance turned a little The limit of work was pointed out on the plan by Mr Rosati Since there are no further issues, Mr Howard recommends closing the public hearing and issuing a decision within 21 days On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-8901100 Salem Street(James Higgins) New England Eng Services cont fr 11/19197 This agenda item was continued from the previous meeting due to the lack of a DEP file number DEP has since issued a file number,therefore, Mr Howard recommends closing the public hearing and issuing a decision within 21 days On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242- Sewer Intl between Harold Pkr Rd& Hillside Rd(MHF Design) Mesitt Dev The applicant has filed an NOI seeking authorization to construct a three (3)mile sewer force main on Route 114 from Hillside Road to the proposed "Forest View Subdivision" The delineation has been approved and is accurately depicted on the plan of record Mark Gross and Mark West were present along with Roger Norton from Camp, Dresser& McKee. Proof of mailing was given to the Commission Mr Gross stated that the project is three miles of gravity and force main sewer with two pump stations There will be an 8"force main from Berry Street to just before Brook Street In a couple of areas they will be crossing Turnpike Street The applicant was told the wetland filing fee they submitted is incorrect The firm of Camp, Dresser and McKee have been hired to design the plan The wetlands delineated on the plan was performed by Mr Gross Mr Norton stated that the LEA group did a report and CDM's task was to design the sewer with that report in mind There is a wet pit,dry pit station into an 8"force main, and the applicant will pump up to the low points Gravity sewer was designed where possible to allow for existing homes to connect up In terms of wetlands, hay bales and erosion controls will be used The force main will be 4' deep, the pump station 25' deep and gravity sewer 8 to 10' deep Not a lot of trench de-watering will be needed. Regarding Boston Brook, the 31/2 to 41/2' culvert will not be exposed The entire project will be in the state ROW There will be no direct invert conflict Mr Manzi asked if provisions are being made for people on Route 114 to tie in to sewer Mr Norton replied you cannot tie in to a force main Mr Laudam stated there will be only 1,000' of gravity sewer available for the homeowners to tie in to Mr Norton stated at least 4 homes will be able to tie in near the gravity sewer. There will be stubs left for future development sites i e the Farnum property Mr Laudam stated he met with Bill Hmurciak regarding the sewer design for the master plan According to Mr Laudam, Mr Hmurciak feels from a DPW standpoint the plan is complete Mr Lynch stated the Commission is concerned about the wetlands and sewer installation for homeowners. Mr Laudam stated they are providing residual benefits to the Town at the same time as they are building the subdivision Guertin Associates(Ben Feehan in particular) is the engineer of record Mr Lynch stated that the Commission needs to be sure that the engineering consultant has reviewed the design and 5 that it meets the sewer master plan and that this is the best possible plan for the area Mr Laudam stated that 39 homes will be able to tie in to sewer Mr Lynch stated he would like Mr Hmurciak's input as far as the master plan for the Town is concerned Also, a letter from Ben Feehan stating that he reviewed the project and the plans are to show where the open stretches are,there the pipes will be placed in regards to the wetland areas, a list of properties that will tie in and identify Boston and Mosquito Brook on the plan Mr Howard is to firm up a punch list in writing to the applicant The applicant has not submitted an application for highway access corridor to Mass Highway yet Mr Manzi stated that in addition to the revisions in the plan,please indicate the nverfront resource area on page 3 of the plan. Henry Fmk was present and stated regarding the pump station#2 on page 16. he is concerned about the dimensions and contour near the property Mr Fmk was told these plans are schematic Mr Lynch stated that in any area where work is proposed within 100 feet of a resource area the plans need to be definitive, not schematic Mr Manzi stated the flags need to be confirmed in the field by Mr Howard Mr Laudam stated they have been identified Mr Laudam requested a continuance until January 7, 1998 On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to continue the public hearing until January 7, 1998 242- Lot 13 Beaver Brook Rd, Evergreen Est(DECAL) Leah Basbanes The applicant has filed an NOI seeking permission to construct a single family dwelling within the Buffer Zone of a BVW The wetland in question is a certified vernal pool within the limits of a BVW The applicant has opted to re-delineate the resource area which was initially approved Mr Howard has reviewed the proposal and approved the "new"line Ms Basbanes was present and gave proof of mailing to the Commission Ms Basbanes stated there is no DEP file number because the wrong plans were sent to DEP Ms. Basbanes confirmed the lot was re-delineated and Mr Howard approved of the new line Waivers of the 25'/50' have not been requested, hay bales will be used and the foundation dram is now shown on the plan Mr Manzi inquired as to the location of the vernal pool, and Ms Basbanes pointed it out on the plan Mr Manzi asked if there was any plan to prohibit trespassing near the vernal pool, and Ms Basbanes replied yes, she has discussed that with Mr Howard and she will speak to the client regarding some sort of fencing Due to the fact of no DEP file number, the public hearing cannot be closed yet On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to continue the public hearing until December 17, 1997 242-892 Lots 1-8& 10 Walnut Ridge Sub (Copley Dev)Merrimack Eng Services At the last Public Hearing the NACC voted to close the hearing and issues its' decision within 21 days. Within 48 hours and prior to the NACC issuing its decision the applicant withdrew, in writing and without prejudice, the previous NOI Per the direction of the NACC Chairman Mr Howard accepted the applicant's request to withdraw A new NOI has been submitted seeking permission to construct and eleven(11) lot subdivision with associated appurtenances including the roadway, septic system and stormwater 6 management structures The delineation was approved through a prior RDA and is accurately depicted on the submitted plans Tom Laudam was present along with John Soucy from Merrimack Engineering Services Proof of mailing was given to the Commission Mr Soucy stated the site is mainly a series of knolls with all runoff flowing into the adjacent wetlands, not the abutters property The soil is mostly a canton base,very well drained soil Mr Soucy stated a portion of the roadway will require that a small amount of wetland will be filled and replicated All roadway drainage will be collected to stormdrains and drained to four proposed ponds with 1' of sediment pumps. There will be emergency overflows should the ponds fail The site is very good hydrologically,there is 0%runoff There has been extensive soil testing of the basins with Mr Howard present Intensive soil testing is presumed relevant by the NACC as a significant amount of stormwater management proposed for the subject development assumes infiltration/recharge to the ground 544 sf of vegetated wetland needs to be filled There will be 26' of pavement with one limited project crossing. Mr Laudam stated that regarding pre-development conditions, a zero increase in peak is not difficult to maintain An additional 20 acres of land will be acquired with no development possible Mr Lynch asked Mr Laudam to what extend will the 20 acres be protected from future development, Would there be Deed Restrictions, Conservation Restrictions, or Dedicated Open Space Restrictions?Will the 20 acres be conveyed to the Town as Open Space?Mr Laudam stated that the development has not decided which mechanism might be used Mr Laudam stated that the open space is low utility land and was unlikely to be developed at any time in the future Mr Robbins, an abutter stated that the same position was stated when Cricket Lane was first developed and that as the supply side of the real estate market increase so does the need for use of low utility land and so goes the empty promise that the surplus land will not be developed Mr Lynch pointed out that, according to the plan, the lot configuration at three to four lots along the northwest sector of the project would easily facilitate a future right of way to access additional lands for future development Mr Laudam stated the Planning Board is desirous to right-of-ways to other properties,however, the applicant is not proposing that for this subdivision 25'/50' buffers will be maintained throughout and the applicant has hired a landscaper and plans extensive plantings. Mr Laudam stated he wishes to waive the three bid process for an outside consultant and go with Coler& Colantomo instead On a motion by Mr Manzi, seconded by Mr Mabon, the Commission voted unanimously to approve $3,000 to start with for the outside escrow account Ms Wescott asked if there will be any decks on the homes and Mr Laudam replied"yes " Mr Lynch stated to Mr Laudam that if there are to be any decks you had better show them on the plan for the next hearing The applicant has filed with the BOH regarding septic, and pointed out on the plans the proposed septic locations Mr Lynch suggested to Mr Soucy that he speak with Mr Howard tomorrow regarding a listing issues that the Applicant can address before the next hearing Mel Robbins, 45 Cricket Lane expressed concern regarding clear cutting of the property to make the access easier Mr Laudam stated they try to minimize clearing, but due to Title 5 they are somewhat restricted,that is why they try to compensate by landscaping the area heavily Mr. Lynch stated that according to the plan most of the site will undergo extensive earthwork, and as such it is inevitable that the land will be clear-cut during construction Mr Lynch further stated that the NACC jurisdiction 7 ends at 100 feet from the wetland line and that clear-cutting up to a 25 foot no- disturbance zone is permitted Steve Maynard, 33 Cricket Lane, asked can the water table change as a result of regrading and Mr Soucy replied some minor fluctuations are probable The perc test results have been submitted to Mr Howard and will be forwarded to Coler& Colantomo for review Santo Bonaccorso, Cricket Lane, expressed concern regarding an easement on his property for the Town and the fact that he doesn't see it depicted on the plan After some discussion it was determined that the easement is a drainage easement He is concerned about any disturbance and water buildup affecting his property Mr Soucy pointed out the easement on the plan and how they, as part of this proposed development,plan to re-route the water from the current location to the proposed detention pond Mr Lynch wants the record to reflect that Mr Bonaccorso's concern is reflected in item#2 of Mr Howard's letter dated 11/18/97 and will specifically be an area reviewed by Coler& Colantomo It was discussed whether there will be a site visit on 12/13/97 at 8 30 a in in conjunction with the Planning Board Mr Lynch stated that a site walk, along with the Planning Board, would be beneficial and that it will be scheduled at the conclusion of tonight's meeting Mr. Maynard inquired about who would make the decision about any additional right-of-way to rear sectors of the property and abutting property, and was told the Planning Board does, however, the applicant stated that the wetland conditions in these areas are prevalent and reiterated that they (the Applicant) are not looking for any right-of-way to an adjacent project Mrs Robbins stated that 17 years ago they were told that no development would ever be built there and she has grown to not trust what she hears regarding promises regarding future intentions Mr Laudam stated to the neighbors that he has a very good reputation in building subdivisions and that when completed he is sure they will be very happy with Walnut Ridge' He also advised the neighbors to express their concerns to the Planning Board about not connecting this proposed project up to any other property Mr. Manzi stated that from his experience,there are only two ways to protect land- buy it or get a permanent restnctiont Mr Lynch stated if the Planning Board requires a roadway right- of-way to an abutting project and if wetland areas might be involved then the Conservation Commission will oppose it? Mr Lynch further stated that he would support efforts to link this project to other open space through a dedicated trail network Ms Martin asked if the foundation drains are shown on the plan9 She was told"no"but we can show them on the plan Mr Lynch instructed the Applicant to show the foundation drains on the plans On a motion by Ms Manzi, seconded by Ms Feltovic, the Commission voted unanimously to continue the public hearing until 12/17/97 242-891 282 Blue Ridge Road(Peter Tyrrell) Scott Giles The legal notice for this agenda item was never published, therefore, we could not open the public hearing Filing Fee Expenditure: On a motion by Mr Manzi, seconded by Ms Wescott, the Commission voted unanimously to approve a Filing Fee Expenditure, Account#23-1711-5316, in the 8 amount of$26,436 50 for the next calendar year for the Conservation Assistant's position On a motion by Mr Manzi, seconded by Ms Wescott, the Commission voted unanimously to approve a Filing Fee Expenditure, Account#23-1711-5316, in the amount of$2,193 88 for health insurance for the Conservation Assistant's position Decisions: 242-862 Rocky Brook Est II Lots 1-6, 1 OA, 11 A& 12B (Neve) S Breen Mr Howard had a draft OOC prepared for the Commission to review On a motion by Ms Wescott, seconded by Mr Mabon,the Commission voted unanimously to approve the draft OOC as amended this evening Adjournment: On a motion by Mr Manzi, seconded by Ms Wescott, the Commission voted unanimously to adjourn the meeting Signed: I JX. TZ Uv ep W. Lynch, r -Vhairman VS