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HomeMy WebLinkAbout1998-01-07 Conservation Commission Minutes T Conservation Commission Minutes DPW Conference Room January 7, 1998 Members Present: Joseph W Lynch, Jr Chairman, Beth Wescott, John Mabon and Scott Masse Albert Manzi, Jr , Vice Chairman, arrived at 7 40 pm Deborah Feltovic and Robert Mansour were absent 6:30 PM Discussion -Toll Brothers, Inc. (Atty. John Shea) Atty John Shea, Bruce Pitts and Curt Young all representing Toll Brothers, were present Atty Peter Feuerbach from Town Counsel was present Atty Shea began the discussion by stating that his firm, McGregor& Shea, is an environmental law firm and has done a lot of work with the MACC and also a lot of bylaw work They have been working for Toll Brothers for one year He stated that Toll Brothers took the project over from Elm Company and brought control to a project that could have been a lot worse Mr Pitts is the last project manager hired and has taken some heat over the project Part of the problem arose when Toll Brothers took the engineer's certification that the plans were in compliance for gospel when that was not the case Atty Shea further stated there was no attempt by Toll to slip something by the Commission Toll Brothers has a different understanding than the Commission of what constitutes substantial compliance, but they have learned a lesson from this regarding what constitutes substantial compliance Atty Shea gave a letter to Mr Lynch from Land Planning, Inc , for the Commission to review He also distributed a two page document listing the timeline of letters, telephone calls, fines, meetings and enforcement orders, from their point of view Atty Shea stated when Toll Brothers was told they were in violation, due to the tenor of the hearing, Mr Pitts "lost heart" Toll completely relied on their engineer and didn't plan to hide any incursions When the fine was levied Mr Pitts called Land Planners to see who was wrong—Toll Brothers or the Commission Toll did call the homeowners regarding permission to enter their property This was done without informing the Commission Mr Pitts has paid dearly for his lack of communication to the Commission Toll hired WPI in an effort towards a mitigation plan Upon approval of the mitigation plan, Toll thought the fines would terminate and they are asking the Commission to take into consideration the different responses to what took place Atty Shea stated that after the plans were approved Toll had to seek permission from the homeowners to do the work Most of the homeowners were not agreeable and one even hired an attorney, Atty Shea stated that by 11/24/97 the final plantings were completed and he feels the fines would have ceased at that time The cost of restoration is estimated at $25,000 Atty Shea stated he does a lot of penalty work with DEP and other Commissions and feels there is not a pattern of deliberate non-compliance in this case He further stated there is a difference to impacts in the buffer zone vs the BVW These impacts were in the buffer zone not the BVW. Toll has learned a number of lession that don't need to be driven home by Draconian fines Toll will never again rely on their experts without questioning them In the future they will make the Commission aware of an immediate response from the "get go " Atty Shea stated is it equitable to keep fines running when you know it is 1 f f possible restoration will take longer due to weather, plants available? Toll Brothers starting point to negotiate a settlement is $8,000 Mr Lynch stated the Commission's appreciation for Atty Shea's time and effort, but pointed out that Atty Shea may not be aware of the Commission's past history with their client Mr. Lynch further stated that at this time the Commission has no questions, they would like to talk amongst themselves Atty Fuerbach asked what comprises the $25,000 figure and Mr Young replied the cost of plants, plantings came to roughly $17,000 to $18,000 and the remaining $7,000 to $8,000 for physical barriers, fences, sprinkler systems and the testing and flushing of them Atty Shea, Curt Young and Bruce Pitts departed and the meeting was called to order at 7 20 pm Minutes: November 19, 1997 and December 3, 1997 and December 17, 1997 On a motion by Mr Masse, seconded by Mr Mabon, the Commission voted unanimously to approve the above listed minutes General Business: 242-387 COC Lot 10A, 150 Old Farm Rd (Kenneth A Sundberg) An OOC was issued on 3/27/87 authorizing construction of a single family home with necessary appurtenances 25/50' setbacks were mandated and met The site is stable and violations were not observed on site The bond is $2,000 and the office is in receipt of a letter from a P E certifying compliance with the Order Ms Martin recommends issuing a Certificate of Compliance On a motion by Mr Masse, seconded by Ms Wescott, the Commission voted unanimously to issue a Certificate of Compliance and release the $2,000 bond for DEP #242-387 242-783 PCOC Lot#4 Abbott Street (Mesita Dev)MHF Design Consultants An OOC was issued on 2/8/96 authorizing construction of 4 homes, utilities, driveways and associated grading within the 100' Buffer Zone of a BVW 25/50' setbacks were mandated and met The deck was an in house modification, and is exactly 50' away from the closest wetland point The applicant constructed a landscaped wall 30" in height, 10' and 20' in length in separate locations This wall has been constructed accordingly, the home is on Town sewer and the site is stable The office is in receipt'of a letter from an RPLS and stamped as-builts certifying compliance with the Order The bond is $3,000, Ms Martin inspected the site, has no issues, and recommends the Commission issue a PCOC. On a motion by Mr Masse, seconded by Ms Wescott, the Commission voted unanimously to issue a Partial Certificate of Compliance and reduce the bond by$3,000 for DEP#242-783 2 242-691 MOD to OOC/PCOC Seven Oaks Sub (P St Hilaire) Christiansen& Sergi This request has twice been denied by the NACC because the applicant constructed the stormwater management system in a manner which differed from the approved plan This action resulted in a new point source discharge into the 25' No-Disturbance Zone Phil Christiansen is present this evening and stated regarding the infiltration system, during the storm of 10/96, there was no water whatsoever coming from the pipe Mr Howard and Mr Lynch visited the site, spoke with Bill Hmurciak, and are now satisfied with the overflow pipe location There was some discussion whether a modification was needed orjust a PCOC Since our Town Counsel was in attendance on another matter, the question was posed to him Atty Feuerbach stated it is his opinion just a PCOC is needed On a motion by Mr Masse, seconded by Ms Wescott, the Commission voted unanimously to issue a Partial Certificate of Compliance for the roadway and subdivision stormwater management system for DEP #242-691 It is now 7 33 pm and since public hearings do not begin until 8 00 pm the Commission is agreeing to be polled to enter Executive Session for the purpose of discussing the Toll Brothers fine The result of the polling is as follows Mr Lynch yes Mr Masse yes Mr Mabon yes Ms Wescott yes The Commission has agreed to enter into Open Session once Executive Session adjourns The room was cleared, the door shut and Executive Session began Public Hearings (8:00 PM) Request for Determination ofApplicabahty Lot #13 Hatching Post Road(Neil Patnaude)S Gales This delineation was originally approved under the Hitching Post Subdivision file which has subsequently expired The applicant has filed this RDA asking the NACC to approve this new delineation Mr Howard walked and subsequently approved the wetland line on Tuesday, January 6, 1998 The delineation was primarily determined by soils which were also reviewed and approved by Mr Howard Proof of mailings were given to the Conservation Office during the week and are in the file On a motion by Mr Mabon, seconded by Ms Wescott, the Commission voted unanimously to issue a POSITIVE Determination of Applicability referencing flags A-1 through A-6 only 187 South Bradford Street (Margus & Cameron Deery) Neve Associates The applicant has requested that the NACC issue a Positive Determination of Applicability approving the limit of BVW as depicted on the submitted plan Mr Howard walked and subsequently approved the wetland line on Tuesday, January 6, 1998 The site features included steep slopes, two ditches and some roadway culverts It is Mr 3 Howard's opinion that the ditches are not jurisdictional wetlands under the act Their - juxtaposition on the side of the hill and the lack of bordering wetland vegetation excludes them Furthermore,they are not a primary hydrologic input as this wetland is groundwater driven versus through surface runoff John Morin was present and proof of mailings were given to the Commission Mr Morin stated the plans show the wetland line as determined by Steve D'Urso Mr Howard had pictures of the property,taken with the new digital camera,to show the Commission Mr Howard recommends issuing a POSITIVE Determination of Applicability referencing only those flags on the subject lot (N-1, A-1 through A-7,N-5) On a motion by Mr Mabon, seconded by Ms Wescott, the Commission voted unanimously to issue a POSITIVE Determination of Applicability referencing only those flags on the subject lot (N-1, A-I through A-7,N-5) Notice o Intent(s) 242-893 Sewer Instl between Harold Pkr Rd&Hillside Rd(MHF Design) cont fr 121,3197 This matter was continued from the 12/3/97 public hearing Mr Howard has received a memorandum from CDM in response to the issues raised by the NACC at the 12/3/97 meeting The memorandum was copied and is in the member's packets for review this evening Mark West, Mark Gross and Dick Pelletier are present this evening Mr Gross stated that on 12/29/97 he submitted plans for the off site sewer along with additional fees The plans depict the buffers near Mosquito Brook Mr Howard was supplied with a copy of the master plan for sewer work Information was sent to him regarding the properties that would benefit from sewer tie-in along with a list of streets to be sewered in the future The sewer extension permit will be submitted pending a final meeting with DPW Mr Lynch stated he became aware of the surcharging issue in the Shawsheen River only this momingf The problem has been neglected for 20 years, The Commission is charged with protecting the Shawsheen River and every sewer discharge would effect that, but is it encumbant upon this applicant to correct it? Mr Lynch stated he doesn't think so DEP has been permitting sewer tie in all along, for every permit applied for there is a donation made to an I and I fund Ms Wescott asked what is an I and I and was told"Inflow and Infiltration" Funds are going out to revamp some I& I's now Mr Lynch stated the Commission needs to digest this information, they are hearing about it for the first time Ken Boland, an engineer from CDM, doesn't see any problems with the permit going through Mr Howard asked "even though there is some back up?" Mr Boland replied that a donation is usually made to the fund Mr Manzi stated'you've made us aware of a problem that has a detrimental effect on the Shawsheen River, and I, for one, won't be too quick to make a decision Mr Laudam stated he met with Bill Hmurciak and there has been a problem since 1978, a letter was drafted to the Town Manager in 1997 From '78 to '87 nothing was done Since then a tremendous amount of building has been done in Town Mr Laudam stated two million dollars has been appropriated to be used to mitigate the sewer infiltration, and he feels he probably contributed $300,000 himself'! Mr Laudam stated it is a state jurisdictional issue, and if the state thought it was detrimental they wouldn't have given out permits He is requesting of the Commission that it not be a problem in permitting this project as many 4 projects have been approved and there is a plan being done to correct the problem Mr Manzi stated he appreciates Mr Laudani's position, but the Commission wasn't aware of the problem in the past Mr Boland stated there would be no effect on the system , it only shows up during a 100 year storm event Mr Laudani stated it would be a precedent setting situation if you stopped the development, and when we, as the applicant, apply to the state for a permit they wouldn't issue the permit if they weren't agreeable Mr Lynch stated the mechanism to provide the remediation is 2 to 1 and DEP's tolerance is quite high Mr Gross stated it is not known how much sump pumps are contributing to the problem Mr Howard stated this is an unacceptable situation and not something the Commission should walk away from) Mr Laudam stated a study was done, DPW instituted a plan and is addressing the problem) Mr Manzi stated neither the state or the Town DPW has done anything yet to remediate the problem) Mr Laudam stated this has been blown out of proportion, only in a 100 year storm event does it show up, Ms Wescott stated the funds may be in a budget to remediate, but doesn't feel that a resolution is possible tonight Mr Boland stated that it has been implied here this evening that DEP has kind of dropped the ball, but DEP `s strategy is to go after developers to donate money to the I & I fund DEP is moving forward a lot better than in 1978 Ms Wescott still feels the Commission needs more time than tonight to decide Mr Laudam is in agreement with that, however, DPW has asked us to provide sewer for the Forest View subdivision and possibly future developments and we are designing and paying for future developments and Forest View will bring in more money to help the fund Ms Wescott stated to Mr Laudam the Commission has already heard this, do you have anything new to add? Mr Manzi stated his direction is going towards protecting the Shawsheen River, and suggested that Mr Howard in conjunction with Mr Lynch may want to draft a letter to the applicant stating the items that need to be addressed Mr Lynch stated that he wants to talk to people and study this further, therefore,he can't promise when the letter will be ready (It is now 9 15 pm and Mr Manzi had to leave for work) The applicant is requesting a two week continuance On a motion by Mr Masse, seconded by Ms Wescott, the Commission voted 4-0-1 (Mr Manzi abstained) to grant a continuance until the January 21, 1998 meeting 242-891 282 Blue Ridge Road(Peter Tyrrell) Scott Gales cunt fr 12117197 This matter was continued from the 12/17/97 public hearing The NACC requested the following additional information 1 Proof of mailing 2 A fence along the limit of work 3 A backwash location for the filter 4 The storage shed was to be re-located greater than 100' from the edge of the BV W The applicant requested a continuance until the January 21, 1998 meeting On a motion by Ms Wescott, seconded by Mr Mabon, the Commission voted unanimously to grant the continuance until January 21, 1998 5 242-895 34& 38 Rosemont Drive (Old Yankee Realty Trust) Christiansen &Sergi The applicant has filed an NOI seeking authorization to construct two single family dwellings within the Buffer Zone of a BVW,but outside the limits of the Riverfront Area associated with Mosquito Brook A waiver of the 25' No-Disturbance Zone has been requested in the vicinity of the existing 24" RCP in order to install a 2" PVC sewer force main Mr Howard has requested the following additional information from the applicant 1 Foundation drains need to be depicted on each lot 2 A de-watering plan specific to the culvert crossing(if necessary) 3 A detail of the retaining wall has been included in the NOI yet it needs to be stamped byaPE 4 Due to the steep slopes, soil stockpile locations should be depicted on the plan 5 Attached to the NOI is a sedimentation/erosion control plan which specs erosion control matting based on slope requirements Mr Howard has asked that the plan depict where the matting is to be installed Atty Ralph Joyce was present, proof of mailings were already in the file Atty Joyce stated the property location is on the left at the entrance of Rosemont Drive, lots 2 & 3 The wetland line is on the plans and the original flags are still present in the field Off the wetland line is the 25' no-cut zone, they have stayed out of the riparian zone Work is proposed in the buffer zone, lot 3 will be gravity fed in the existing sewer and lot 2 will have a pump Mr Howard stated foundation drains have been added to the plans Wetland flag numbers need to be shown on the plans A pressure test may be taken on the property as a pre-construction condition Atty Joyce stated that the foundation drains installed in the spring time have been high and dry since the installation Mr Howard recommends closing the public hearing and issuing a decision within 21 days On a motion by Mr Masse, seconded by Ms Wescott, the Commission voted unanimously to close the public hearing and issue a decision within 21 days Decisions: 242-894 Lot 13 Beaver Brook Rd Evergreen Estates (DECM Essex) Mr Howard had a draft OOC prepared for the Commission's review this evening On a motion by Ms Wescott, seconded by Mr Mabon, the Commission voted unanimously to approve the draft Order of Conditions for DEP #242-894 242-871 Berrmp_ton Estates Subdivision(WPI, Inc ) Mr Howard had a draft OOC prepared for the Commission's review this evening On a motion by Mr Masse, seconded by Ms Wescott, the Commission voted unanimously to approve the draft Order of Conditions for DEP #242-871 Adjournment: 6 On a motion by Mr Mabon, seconded by Ms Wescott, the Commission voted unanimously to adjourn the meeting Joseph W Lynch, Jr, Chairman 7