HomeMy WebLinkAbout1998-11-04 Conservation Commission Minutes Conservation Commission Minutes
DPW Conference Room
November 4, 1998
Members Present: Albert P Manzi, Jr , Chairman, Scott Masse,Vice Chairman, Joseph
Lynch, Jr , Deborah Feltovic and Robert Mansour John Mabon and Beth Wescott were
absent
Staff Present: Michael D Howard, Conservation Administrator, Richelle L Martin,
Conservation Associate, Karen A Fitzgibbons, Secretary and Richard Paquette, Intern
The meeting was called to order at 7 00 p in
Minutes:
September 16, 1998
October 7, 1998
On a motion by Mr Mansour, seconded by Mr Lynch,the above listed minutes were
approved, as amended, and the vote of the Commission was unanimous
General Business (7:00 p.m.)
Discission DPW regarding status of west side sewer interceptor(B Hmurciak)
Mr Howard stated that Mr Hmurciak made a presentation a couple of weeks ago to the
Community Development staff regarding the west side interceptor He has invited Mr
Hmurciak to give the same presentation to the Commission this evening Mr Hmurciak
stated that since June 8, 1998 the Town has been under an order to repair the problem and
towards that goal they have submitted 50% design plans to DEP in order to obtain the
loan A 12" force main connecting to a pump in Lawrence,then an 8" force main to a
second pump is being used There was a problem with a willow tree, the roots had to be
cut out, and the bypass was used proving it does work As of July 1, 1998 the private
removal inflow plan was in place and 200 people have been notified to remove their
problem and the Town has had 100% compliance from the residents Mr Hmurciak
stated that DEP is very pleased with the project and the contract was awarded to Guertin
Associates and they must submit the plans to DEP by February '99 The Town is eligible
for a revolving loan for the whole project Mr Manzi asked if a pump alarm system was
installed and Mr Hmurciak replied"yes," and it calls 10 different phones Mr Howard
suggested he and Ms Martin walk the route with Mr Hmurciak Mr Lynch stated he
publically wanted to express his appreciation and thanks to Mr Hmurciak for doing an
exemplary job in taking the bull by the horns and going forward with the project The
other Commission members agreed and also expressed their appreciation
242-783 PCOC Lot 1 Abbott Street(Mesita Development)
An Order of Conditions was issued on February 8, 1996 authorizing construction of four
dwellings, utilities, driveways and grading within the 100' BZ of a BVW 25/50'
setbacks were mandated and met, the deck is 51' from the closest wetland flag, the bond
is $3,000, the foundation dram is> 25' and the site is stable The office is in receipt of a
letter from an RPLS certifying compliance with the Order along with stamped as-builts
The landscape wall was constructed along the 25' No Disturbance Zone Ms Martin
stated she has visited the site several times, has no issues and recommends issuing a
Partial Certificate of Compliance On a motion by Ms Feltovic, seconded by Mr
Mansour,the Commission voted unanimously to issue a Partial Certificate of Compliance
for DEP#242-783
242-783 Bond Reduction Lot 2 Abbott Street(Mesrti Development)
An Order of Conditions was issued on February 8, 1996 authorizing construction of four
dwellings, utilities, driveways and grading within the 100' BZ of a BVW 25/50'
setbacks were mandated and met, the deck is 93' from the closest wetland point,the bond
is $3,000 and the foundation drain is> 25' from the wetland The office is in receipt of a
letter certifying compliance with the Order along with stamped as-builts The landscape
wall was constructed along the 25' No Disturbance Zone Ms Martin stated the site is
not stable enough and has pictures taken on 11/2/98 for the Commission's review Mark
West and Ken Ahearn are present this evening and Mr West began to clarify the issue of
stabilization He didn't get too far when Mr Howard stated the lot is either stable or not
and if Ms Martin states it is not stable then that's it Mr Ahearn stated that the loam is
6"thick,the homeowner never watered and we've seeded three times and it is very hard
to meet the Commission's standards if the homeowner doesn't water Mr Howard stated
you could sod and offered to send the homeowners a letter on behalf of the Commission
The applicant is looking for a bond reduction of$2000 on each lot On a motion by Mr
Masse, seconded by Mr Mansour, the Commission voted unanimously to release $1500
of the bond money for Lot 2 Abbott Street
242-783 Bond Reduction Lot 3 Abbott Street(Mesiti Development)
An Ordcr of Conditions was issued on February 8, 1996 authorizing construction of four
dwellings, utilities, driveways and grading within the BZ of a BVW 25/50' setbacks
were mandated and met, the bulkhead is 53' from the closest wetland point, the bond is
$3,000 and the foundation drain is> 25' from the wetland The office is in receipt of a
letter from an RPLS certifying compliance with the Order along with stamped as-builts
The landscape wall was constructed along the 25' No Disturbance Zone Ms Martin
stated the site is not stable enough, there are still areas of exposed soil and she has
pictures taken on 11/2/98 for the Commission's review On a motion by Mr Masse,
seconded by Ms Feltovic, the Commission voted unanimously to release $1500 of the
bond money for Lot 3 Abbott Street
242-715 PCOC Lot 16 959Sunset Rock Road (Zolot)Neve Associates
This Order of Conditions was issued on 11/7/94 authorizing construction of a roadway
and single family homes on lots 1,2,12,13,14,15,16 and 18 The Order was extended
until 11/7/98 and a modification was approved on this particular lot for construction of an
inground pool 25/50' setbacks were mandated and met,the pool is 51' from flag B7 and
the home is 51' from flag B10 The office is in receipt of a letter from a P E certifying
compliance with the Order along with stamped as-builts No bond money is being
released, there is only $5,000 for the entire subdivision Ms Martin stated she visited the
site on 11/2/98, it is stable, she has no issues, therefore she recommends issuing a Partial
Certificate of Compliance On a motion by Mr Mansour, seconded by Mr Masse,the
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Commission voted unanimously to issue a Partial Certificate of Compliance for DEP
#242-715
242-795 COC Lots 1 &2 Berry Street(P Hmgoram) P Garner
Peter Hingoram and Patrick Garner are present this evening Mr Howard stated the
applicant has re-filed with the Commission Office and he is requesting a COC in order to
close out this filing Mr Mansour made a motion, seconded by Ms Feltovic,to issue a
Certificate of Compliance for DEP #242-795 Before a vote was taken Mr Lynch made
an amendment to the motion to insert the wording"work has not begun under this
Order" The vote on the motion, including the amendment, was unanimous
242-782 COC 158 Forest Street (Nicholas P Triano, III)
Mr Howard stated the lot is stable, in compliance, and there is no request for the bond
money to be released Mr Howard recommends the Commission issue a Certificate of
Compliance On a motion by Ms Feltovic, seconded by Mr Mansour,the Commission
voted unanimously to issue a COC for DEP #242-782
242-850 COC Lot 12 Beaver Brook Road (Christiansen& Sergi)Babu Patel)
An Order of Conditions was issued on 2/21/97 authorizing construction of a single family
dwelling within the BZ of a BVW 25/50' setbacks were mandated and met, the house is
51' from the closest flag and the bond is $3,000 The office is in receipt of a letter from a
P E certifying compliance with the Order along with stamped as-builts Ms Martin
stated the site is stable, she has no issues,therefore, she recommends issuing a Certificate
of Compliance Mr Howard stated he would like to applaud Phil Christiansen for ajob
well done On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted
unanimously to issue a Certificate of Compliance for DEP #242-850
242-851 COC Lot 19 Beaver Brook Road (Christiansen& Sergi)
An Order of Conditions was issued on 3/13/97 authorizing construction of a single family
home, driveway and septic system within the limits of the Riverfront Area and the Buffer
Zone of a BVW 25/50' setbacks were mandated and met, the deck is 88' from the
closest wetland flag and was approved by Mr Howard The foundation drain is outside
the No Disturbance Zone and the bond is $5,000 The office is in receipt of a letter from
a P E certifying compliance along with stamped as-builts The site is stable and Ms
Martin recommends issuing a Certificate of Compliance On a motion by Mr Masse,
seconded by Ms Feltovic,the Commission voted unanimously to issue a Certificate of
Compliance for DEP #242-851
Master Plan meeting with Commission members 12/9/98 k, 7 00 pm DPW (M Howard)
The Master Plan is set to meet on 12/9/98 at DPW and is looking for some members from
the Commission to attend It was discussed and a couple of members volunteered to
attend along with Mr Howard
Bylaw Meeting November 10, 1998 DPW (M Howard)
Mr Howard stated he has scheduled the final public hearing on the regulations for
November 101h and he asked the Commission members to review his draft on the
regulations prior to the meeting Mr Manzi and Ms Feltovic stated they cannot attend
on the 101h The other members agreed to attend
Decisions:
242-933 Campbell Rd/Lyons Way Sub (West Environmental)MPG Realty
Mr Howard had a draft Order of Conditions prepared for the Commission's review On
a motion by Ms Feltovic, seconded by Mr Mansour,the Commission voted unanimously
to approve, as amended this evening,the Order of Conditions for DEP#242-933
242-935 #69 So Bradford Street (Cuscia) Hancock Env Services
Mr Howard had a draft Order of Conditions prepared for the Commission's review On
a motion by Ms Feltovic, seconded by Mr Mansour,the Commission voted unanimously
to approve, as amended this evening, the Order of Conditions for DEP #242-935
Public Hearings (8:00 p.m.)
242-839 Seizure of Bond Kingsberry Building Technologies
The Town is holding $5,000 in bond money posted by Charles Martin for work done at
the Lawrence Airport by King Air Charters Mr Martin has agreed that the bond money
is King Air Charters Mr Masse made a motion, seconded by Ms Feltovic, to seize the
bond money and post it in an escrow account to pay for the work to be done through an
Enforcement Order The vote of the Commission on the motion was unanimous Mr
Lynch made a motion, seconded by Ms Feltovic,to grant Mr Masse the authority to act
on behalf on the Commission The vote of the Commission was unanimous
Request(s) for Determination of Applicability
437 Summer Street, Joseph Scandore (New England Engineering) cont fr 10121198
Ben Osgood, Jr is present this evening seeking a Negative Determination of
Applicability Mr Osgood stated the proposal is for a mounded system with 600' of loam
to be used The area will be seeded in the spring An additional row of hay bales will be
used Mr Howard stated he visited the site and approved the wetland line and he
recommends issuing a Negative Determination of Applicability with a pre-construction
meeting On a motion by Ms Feltovic, seconded by Mr Mansour, the Commission
voted unanimously to issue a Negative Determination of Applicability with a pre-
construction meeting to be held with the Conservation Department
Notice of Intent(s)
242-931 Lot 4N Berry Street, east side, (One Hundred Fourteen Trust) cont fr 1017198
Peter Hmgoram is present this evening and is requesting a continuance until the
November 18, 1998 meeting On a motion by Mr Lynch, seconded by Ms Feltovic,the
Commission voted unanimously to grant the continuance
242-937 Boxford Street&Duncan Drive (Kathleen Garon) Scott Giles cont fr 1017198
Mr Howard stated the foundation drain has been added, no waivers are requested and the
remaining issues have been addressed There will be a restriction on the use of pesticides
placed on the deed Mr Howard read a letter into the record from the Division of
t
Fisheries and Wildlife Mrs Garon stated this is a retirement home they are planning to
build and do not plan to disturb trees Mr Manzi stated the Commission is not trying to
reduce your yard,just to protect the resource area The applicant will talk to Mr Howard
regarding an appropriate fence for the yard On a motion by Mr Mansour, seconded by
Ms Feltovic,the Commission voted unanimously to close the public hearing and issue a
decision within 21 days
242-940 400 Osgood Street(Wm Bannister)Keach-Nordstrom Assoc cons fr 10121198
Mr Howard stated there is no new information from John Chessia yet and suggests a
continuance until the November 18, 1998 meeting On a motion by Mr. Lynch, seconded
by Ms Feltovic,the Commission voted unanimously to grant a continuance until the
November 18, 1998 meeting
242-941 227 Berry Street (John Brunette)New England Engineering
Ben Osgood, Jr is present this evening Mr Howard stated this property is tangent to the
Stack property and has been in litigation with the Town, however, the applicant has every
right to bring a filing forward For the record, Mr Howard stated to Mr Osgood that he
did not appreciate him using his wetland in this manner and Mr Howard further stated
that Mr Osgood owes the Town $50 more Mr Manzi wanted it clarified that the
application is for the Brunette property only and Mr Osgood replied yes, that's correct
Mr Manzi asked if there was any reason the Commission can't go forward and Mr
Masse replied"no " Mr Osgood stated that a plan was produced that was not acceptable
to Mr Brunette, so he went forward with his own plan It is a 200' x 100' lot with
wetlands in the back and a well inside the house The proposed project is replacement of
the septic system, well and regrading in the buffer zone The applicant would like to re-
grade the lawn so it drains away from the house Mr Howard stated that some wetland
flags seem to be missing and told Mr Osgood that he needed a more detailed plan Mr
Howard will give Mr Osgood a list of deficiencies in the plan and Mr Osgood is
requesting a continuance Atty Langone and Mr Stack were present and Atty Langone
stated that until last Wednesday Mr Stack thought they were working together to clear
this up, and based on what he thought was good will Mr Stack stayed away from court
The Town seemed to be co-operating with manpower and equipment Mr Osgood stated
'he did not do a full fledged survey,just had the property surveyed and pins put in Mr
Brunette stated it was done within 6 months of Mr Stack's survey Mr Osgood stated
the Board of Health agreed with the 50' Mr Howard stated the design of the system
does not fall in the Commission's jurisdiction The new leach fields meets the wetland
bylaw Mr Osgood to maximize the setback and variances have been approved by the
BOH, but not the system yet Mr Stack stated that under these circumstances DEP states
the leach field must be removed Mr Howard will speak to Sandy Starr regarding this
Mr Manzi stated the plan should be stamped by an RPLS Mr Osgood stated he can
submit a survey plan by an RPLS if that will satisfy the Commission It will Mr Stack
stated he was willing to absorb the cost of most of this and doesn't think Mr Brunette
knows this Sandy Starr donated a lot of her time also Mr Osgood stated that Ms Starr
said the information was obtained by the Town and it was free for anyone to use Atty
Langone stated he thought we were going forward with a dual system Mr Lynch stated
the Town did everything they could to try and settle thisf Mr Stack stated he gave Mr
Brunette his phone number and said if talks break down please call him, he didn't On a
motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to
continue the public hearing at the November 18, 1998 meeting
On a roll call vote the Commission voted as follows to enter into Executive Session and
then re-convene in regular session, for the purpose of discussing the Stack/Brunette
situation(227 Berry Street)
Mr Manzi yes
Mr Masse yes
Mr Lynch yes
Ms Feltovic yes
Mr Mansour yes
Adjournment:
On a motion by Mr Mansour, seconded by Ms Feltovic, the Commission voted
unanimously to adjourn the meeting