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Home My WebLink About1998-03-18 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room March 18, 1998 Members Present: Joseph W Lynch, Jr , Chairman, Albert Manzi, Jr ,Vice Chairman, Robert Mansour, Scott Masse, Beth Wescott and John Mabon Deborah Feltovic arrived at725pin Staff Present: Michael D Howard, Conservation Administrator, Richelle L Martin, Conservation Associate and Karen A Fitzgibbons, Secretary The meeting was called to order at 7:00 PM Minutes: February 18, 1998 February 18, 1998 Executive Session On a motion by Ms Wescott, seconded by Mr Mabon, the Commission voted unanimously to approve, as amended, the above listed minutes General Business: Emergency Certificate DPW/James Rand Mr Rand,Town Engineer, is before the Commission this evening seeking an Emergency Certificate for the repair of a sewerage pipe break at 601 Chickering Road Mr Rand stated that as of 2 00 pm today an 8" bypass was put in place to stop the discharge This is only a temporary solution An 18" clay pipe was installed in 1923 and the edge of the wetlands, in some areas, is within 5' of where the piping is There is evidence of collapsing of an area of Route 125 due to the break in the line Roots, rocks and bricks were found The water table is above the pipe and Mr Howard stated the state has issued an Emergency Certificate already The pipe has collapsed causing a large sink hole in the area Mr Rand stated it is not practical to repair,the only solution is to install a permanent parallel pipe Mass Highway has given Mr Rand a verbal ok to work on Route 125 Equipment is coming from Connecticut and New York and the Town will literally be running 700' of line, bridging a low spot at Route 125 Mr Rand stated this has been declared an emergency by the Town Manager and it will be a 24 hour a day operation maintaining the pumps Mr Rand stated he will have proposals from the contractors by 10 00 am on Friday and work will begin by Wednesday or Thursday at the latest Mr Lynch stated he's hearing the bleeding has stopped and that's good Mr Rand stated they will be working away from the wetlands Mr Howard stated there is a swarth that will require some restoration, and he stated to the Commission that they must formally declare the situation an emergency then issue an Emergency Certificate for 30 days Mr Howard stated outstanding issues are dewatering, stock piling and erosion control which Mr Howard will resolve in the field On a motion by Mr Manzi, seconded by Ms Wescott, the Commission voted unanimously to declare the situation an emergency and to issue an Emergency Certificate dated 3/19/98 1 242-806 Violation Lot 14 Sherwood Drive (B Janusz) Due to a death in the family, Thomas Neve could not attend the meeting this evening Mr Lynch read into the record an undated letter from Mr Neve to Mr Howard regarding lot 14 (Deb Feltovic just arrived) The Commission agreed they could not make much sense out of the letter and decided to table discussion until the April 1, 1998 meeting On a motion by Mr Masse, seconded by Ms Wescott, the Commission voted unanimously to continue the public hearing until the April 1, 1998 meeting 242-769 COC Lot D #759 Dale Street(AnthonyDidio) Scott Giles An Order of Conditions was issued on 9/15/95 authorizing construction of a single family home and necessary appurtenances within the buffer zone of a BVW The Commission Office is in receipt of a letter from an RPLS certifying compliance, and stamped as-builts certifying compliance with the OOC Ms Martin states the site is not stable and has photos dated 2/12/98 Ms Martin recommends the Commission deny the COC request, but recommends a partial bond release 242-850 Enforcement Order Lot 12 Beaver Brook Rd Ms Martin stated she conducted a site inspection on March 6, 1998 and as a result of the violations found, sent a letter to the applicant stating an Enforcement Order has been issued and requiring the applicant's appearance before the Commission at the March 18,1998 public hearing The violations include deteriorated haybales, inadequate silt fence and lack of written progress reports Ms Martin performed a-site inspection today and stated some of the haybales were replaced, but the silt fence is still not adequate Also,the Conservation Office still has not received a progress report Al Couillard is present this evening and stated he has sent a contractor out to the site to do the work mandated by the Enforcement Order, however, a lot of the area is ledge Mr Couillard stated he will submit a progress report to Ms Martin tomorrow Mr Manzi asked if the haybales were installed correctly and he was told yes Ms Martin suggests double hay bales be installed if the area can't be trenched and also stated again the lack of progress reports Mr Manzi made a motion, seconded by Ms Wescott, to fine the applicant$100 a day from the date of March 9, 1998 and to cease when compliance is given Mr Masse stated the Commission doesn't have the authority to assess fines in this case Mr Lynch agreed Mr Howard suggested the applicant come before the Commission every month with a progress report Mr Manzi doesn't like this idea, doesn't want the agenda tied up for that Mr Masse asked Ms Martin if she received a status report today and she replied "no " Mr Masse made a motion, seconded by Mr Mabon, that the applicant be required to submit status reports on the 25th of every month or the Commission will revoke the Order of Conditions Before a vote was taken Mr Manzi stated he wanted to add the Commission will issue a Cease & Desist on the project if the Commission doesn't get compliance Mr Masse stated he accepts Mr Manzi's amendment The vote of the Commission was unanimous Mr Howard stated this is the 3`d time we've had problems with this lot and Ms Martin should receive status reports and anything else she asks for! Mr Lynch stated Ms Martin is an agent of the Commission and should be treated as such 2 242-851 Lot 19 Beaver Brook Rd Enforcement Order Ms Martin stated the DEP sign is not up, no extra haybales are on site, no progress reports have been received and there is trash everywhere on the lot Ms Martin stated the developer hired Dave Maynard and the site looks great now, but there are not 20 extra haybales on site Ms Martin stated a progress report was given today, however it is very brief Mr Manzi stated to the applicant that the progress reports need to have more substance to them and be more thorough The applicant claims he now understands and will comply Mr Masse stated he is not satisfied with the progress report, but will consider accepting it Mr Masse made a motion, seconded by Ms Wescott, that the developer be held to the same motion as lot 12 above The vote of the Commission was unanimous Mr Howard stated to the Commission that he is very displeased with the way John Benedetto has been treated in the newspapers He would like to go on record with this comment and also to write a letter to the editor on behalf of the Commission explaining the entire situation The Commission members suggested Mr Howard use all their names in signing the letter Mr Manzi asked if there was a judges appeal pending and was told"yes " On a motion by Ms Wescott, seconded by Mr Manzi, the Commission instructed Mr Howard to write a letter on their behalf stating the Commission publically supports Mr Benedetto The vote of the members was unanimous Public Hearings (8:00 PM) 242-898 Willow Street South Ext (Channel Bldg) MHF Design cont from 3/4/98 Greg Wiech, Channel Building, is present this evening requesting a continuance, in writing, until the April 1, 1998 meeting On a motion by Ms Wescott, seconded by Ms Feltovic, the Commission voted unanimously to grant an extension until the April 1, 1998 meeting 242-897 So Bradford Street(C Deery)Neve Associates cont fr 2/18/98 Mr Howard stated that the Commission Office received, in writing, a request to continue the public hearing until April 1, 1998 Mr Neve had a death in his family and is unable to attend this evening On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to grant the continuance Request for Determination of Applicability Boston Hall Ski Area (Colonial Vlg Dev) Seekamp Environmental cont fr 314198 Patrick Seekamp was present and stated at the site walk we identified areas that we took a second look at Mr Seekamp passed out revised plans showing the offset wetlands beyond the edge of the scrub line In one area the groundwater breaks out near the bus company and ends at the gravel parking area There is an upslope area from the B wetland flag area that drains to a large maple swamp The area between the two just mentioned areas doesn't make it on vegetation or soils, it is non-hydric The A flag line includes an area of breakout Mr Howard recommends issuing a Positive Determination 3 of Applicability referencing the plan of record On a motion by Ms Feltovic, seconded by Mr Manzi, the Commission voted unanimously to issue a Positive Determination of Applicability referencing the plan of record Lot ff16 next to 115 Dale Street (Leonard Saltzman) Scott Gales Scott Giles was present and proof of mailings were in the file Mr Howard walked the wetland line and recommends issuing a Positive Determination of Applicability On a motion by Ms Feltovic, seconded by Mr Manzi,the Commission voted unanimously to issue a Positive Determination of Applicability Notice of Intent(s) 242-901 Lot 25A Oxbow Circle (A Cormier) Merrimack Engineering Services Les Godm, Merrimack Engineering, was present and proof of mailings was given to the Commission Mr Godm stated the subdivision site has an expired Order of Conditions and to complete the lot the applicant must come before the Commission requesting a Notice of Intent The proposal is for a four bedroom house with the septic system 100' from the wetlands The no-cut, no-disturbance zones are being honored Mr Lynch asked Mr Howard if the line was accurate and Mr Howard apologized to the Commission, he did not walk the line—he forgot' The line was delineated over three years ago, therefore, Mr Howard must walk it again Mr Manzi feels the wetland line may have changed On a motion by Mr Mansour, seconded by Ms Feltovic,the Commission voted unanimously to continue the public hearing until April 1, 1998 to allow Mr Howard or Ms Martin to walk the wetland line 242-999 1600 Osgood Street Lucent Tech Sewer Line (Camp, Dresser& McKee) Proof of mailings was given to the Commission Peter Major from Lucent Technologies stated they are proposing to install a force sewer main to GLSD They have been working with Elena Proakis from Camp, Dresser& McKee and she is present this evening Ms Proakis stated there are 4 areas of wetland going thru or adjacent to the property There is a stream crossing(intermittent), two areas of BVW and another stream crossing Six inch diameter force mains are proposed to be installed The soils will be excavated and returned in the same way The stream will be dammed, banks will be seeded and an erosion control blanket placed on top Sedimentation erosion control is shown on the plan Mr Howard walked and approved the wetland line with Dwight Dunk in late '97 or early 1998 Ms Proakis stated the flag numbers have been added to the plan, riverfront area and BLSF are now shown and the 100' buffer zone is shown in yellow As to the alternative routes instead of a wetland crossing there is insufficient depth of cover and other utilities previously installed could pose a problem If installed too close to the railroad crossing there could be vibration problems Ms Proakis stated they looked into tying into Sutton Street,but DPW stated there was insufficient capacity in those pipes and they don't want industrial waste anyway There will be one stockpile location outside of the Commission's jurisdiction Mr Howard suggested he review the plan and the Commission continue the discussion at the April 1, 1998 meeting Mr Mansour expressed concern about the pipes encased in concrete and will specifications show the depth of cutting and shoring? Ms Proakis stated"yes " Mr Mansour asked if there was 4 access possible on the other side of the stream and was told yes, from Holt Road and the commission should specify the wetland crossings Mr Lynch stated about 1 to 1 1/2 years ago we looked at the master plan for the airport and does anyone remember if there was a discussion about gravity pump? Mr Howard stated this project is due north of the airport project Mr Lynch to talk with Bill Scott and see what this means in relation to the master plan Mr Howard stated with how government works the master plan has regressed Mr Manzi stated this will be done during the driest part of the year, and if you miss the window it will be too late and you'll have to wart On a motion by Ms Feltovic, seconded by Mr Masse, the Commission voted unanimously to continue the public hearing until April 1, 1998 Decisions: 242-892 Walnut Ridge Subdivision(Copley Dev)Merrimack Eng Mr Howard had a draft denial (due to a lack of sufficient information by the applicant) Order of Conditions prepared for the Commission's review On a motion,by Mr Manzi, seconded by Ms Wescott, the Commission voted unanimously to approve the draft denial Order of Conditions as drafted by Mr Howard 242-899 122 Boxford Street (Fred Chaput) S & W Landtech Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr Manzi, seconded by Ms Feltovic, the Commission voted unanimously to approve the Order of Conditions as drafted by Mr Howard 242-900 Route 495/Marston Street Interchange MA Highway Dept) LEC, Inc Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr Manzi, seconded by Mr Mansour, the Commission voted unanimously to approve the Order of Conditions as drafted by Mr Howard Before adjourning,the Commission authorized Mr Masse to deal with the Toll Brothers fine Scott Masse, Vice Chairman 5