HomeMy WebLinkAbout1998-12-02 Conservation Commission Minutes Conservation Commission Minutes
DPW Conference Room
December 2, 1998
Members Present Scott Masse, Deborah Feltovic, Joseph Lynch, John Mabon and
Beth Wescott Robert Mansour and Albert Manzi, Jr , were absent
Staff Present Michael D Howard, Conservation Administrator and Richelle L Martin,
Conservation Associate Karen A Fitzgibbons and Richard Paquette were absent
The meeting was called to order at 7 00 p in
Scott Masse served as chairman
Minutes:
October 21, 1998
The minutes were not ready for approval tonight
General Business (7:00 p.m.)
242-676/724 PCOC Wetland Rep Area Nadine Lane Subdivision (West Environmental)
Mr Howard stated he was awaiting the replication area, which is now complete, and he
has no further issues On a motion by Mr Mabon, seconded by Ms Feltovic, the
Commission voted unanimously to issue a Certificate of Compliance for 242-676 and a
Certificate of Compliance for 242-724
242-236 PCOC 410 Pine Ridge Road (John&Marsha Pliakas) Berger& Hyde, P C
An OOC was issued on October 12, 1984 authorizing construction of roadways, drainage
facilities and utilities associated with Appleton Street, Stagecoach Road, Pine Ridge Road
and High Plains Road This lot was considered non jurisdictional and was not required to
file a permit for the home There are no wetlands on or within 100' of the property Ms
Martin stated she visited the site and has no issues, therefore, she recommends issuing a
PCOC On a motion by Ms Feltovic, seconded by Ms Wescott, the Commission voted
unanimously to issue a Partial Certificate of Compliance for 10 Pine Ridge Road
242-792 Violation/Enforcement Order—Woodlea Village Subdivision (Jim Grifom)
Richelle Martin, Conservation Associate, made the initial presentation Present on behalf
of the applicant was Atty Dom Scalise
On November 2, 1998 Pam Merrill and Ms Martin inspected Woodlea Village to be sure
it was in compliance with the OOC Field measurements indicated that there were
possible violation on lots 5 &6 Most of the flags were up, but some were pink, some
were orange and the writing had worn off Ms Martin followed up with a letter to Mr
Grifom requiring him to submit as-built plans and attend the November 18th meeting to
discuss the matter Mr. Grifom called and stated he would be out of town and could not
attend the meeting and he could not get Merrimack Engineering to complete the as-builts
by the deadline The Commission Office was concerned about possible encroachment
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into the No Disturbance Zone, therefore Mr Grifom was instructed to have the flags re-
established by November 19th or 20th On November 19th Ms Martin, Mr Howard and
Mr Paquette inspected Woodlea Village and found the flags had not been re-established
yet Mike and Rick were able to approximate where the wetland line was and where the
flags should go There are No Disturbance Zone violations on lots 5 and 6 There were
also silt breakthroughs in areas and the erosion control needed to be repaired An
environmental monitor(Steve Stapinski) has been submitting monthly reports to the
Commission Office,however,they are lacking in detail and have not indicated any
problems on site Ms Martin stated she sent Mr Grifom a letter dated November 24th
instructing him to submit a Buffer Zone Restoration Plan prepared by a qualified biologist
by December 7th,remove the subject silt by hand by December 7th replenish the entire
erosion control on lots 5 & 6 by December 71h and to replenish the flags by today
(December 2°d) Furthermore, he was instructed to appear before the Commission this
evening to discuss these matters Ms Martin recommends designating a new
environmental monitor and he or Mr Grifom should appear before the Commission on a
monthly basis with detailed reports
Atty Dominic Scalese was present on behalf of Mr Grifom, who was out of town The
April 8, 1997 letter from Mr. Howard to Steve Stapmski was read into the record noting
history of violations to the present date The following condition numbers have been
violated 4, 21, 30, 31, 38
Atty Scalise is present with plans and stated the siltation problem will be taken care of
Flags have been re-established and Atty Scalise submitted plans drafted today by
Merrimack Engineering Mr Lynch suggested that Merrimack Engineering be removed
as the environmental monitor Ms Wescott seconds Mr Lynch's opinion Ms Feltovic
stated Mr Lynch's opinions are appropriate and Mr Grifom's actions are unacceptable
Fines were levied in accordance with the old and new bylaw Mr Mahon suggests any
encroachment be verified by an engineer/surveyor hired by the Commission and to be
paid through the bond money
Mr Howard stated a new environmental monitor be assigned and that person and the
applicant should appear before the Commission Mr Howard stated that according to
section 178 10 fines can be levied from 11/2/98 to 12/2/98
1 alteration of the wetland area$100 per day
2 violation of OOC $100 per day
3 silt in the resource area$100 per day
In addition he noted the following
1 buffer zone report to Commission Office by 12/7/98 and site stabilized by 12/14/98
2 expiration of OOC—suggests no extension be given in the future
The total fine that Mr Howard is suggesting totals $9,300
Mr Lynch made a motion, seconded by Ms Feltovic,to remove Merrimack Engineering
as the environmental monitor Discussion Mr Masse suggests the Commission issue a
cease and desist until the environmental monitor has been approved by the Commission
Before a vote could be taken, Mr Lynch made an amendment to his motion that a cease
and desist be issued on DEP 4242-792 stating that all construction activity, except that
associated with stabilization, be stopped and a restoration plan and report will be due in
the Commission's Office by 12/7/98 and site to be stabilized by 12/23/98 The vote on
the motion and amendment was unanimous Ms Wescott expressed concern regarding
the survey issues Mr Lynch disagreed with Mr Howard's calculation of the fine and
wanted to go back to the first date the applicant was made aware of the fine and made a
motion, seconded by Ms Wescott,to levy a fine of$50 a day from 4/8/97 to 10/20/98 and
$300 a day from 11/2/98 to 12/2/98 The vote on the motion was unanimous
Filing Fee Expenditure - $5 364 50 (Conservation Assoc Position 12/18/98 thru 2/26/99
On a motion by Ms Feltovic, seconded by Mr Lynch, the Commission voted
unanimously to expend $5,364 50 from the Conservation Filing Fee Account to fund the
Associate's position through 2/26/99
Court Date—RE Timberland Builders, Inc (12/18/98 g 2 00 p in )
Mr Howard reminded the Commission members of the upcoming court date with Robert
Janusz of Timberland Builders
Public Hearings (8:00 p.m.)
Request(s) for Determination of Applicabilrty
Lot#14 Candlestick Road
Ben Osgood, Jr is present this evening representing Belford Construction Mr Osgood
stated that Lot 14 is a vacant parcel of land that has never been built upon Mr Osgood
stated that on the there is a knoll on the left side of the lot which has an isolated
depression Mr Osgood stated that there are three possible classifications one is an
ephemeral pool, ILSF or a freshwater wetland The ILSF area is just below 1/4 of an acre
foot of water with m7" Mr Osgood stated that Title V regulations are 7"of water for a
100 year storm Afresh water wetland has no vegetation and the soils indicate non-
hydric conditions An ephemeral pool has seasonal flooding with 6" over 200 SF with
staining of leaves and no evidence of flooding or fish There is no leafy litter supporting
wetland organics Mr Howard asked what watershed flows into ILSF Mr Osgood '
stated that it is about an acre less than three acres Mr Osgood stated that the state
regulations now calculate runoff to use in a 100 year storm Mr Howard stated that there
are escrow account issues Mr Howard stated that the government needs to ratify
changes made by the Attorney General Mr Lynch stated that it is a simple calculation
and there is no need for Mr Chessia to review this Mr Lynch stated that Mr Howard
can review the calculations
Bill Davidson, 365 Candlestick Road, stated that the area is heavily flooded by his
observation
Tom Williams, 151 Candlestick Road, stated that he thinks it may be an ephemeral pool
because he has seen standing water every spring
Mr Howard stated that he would like to continue this Public Hearing until December 16,
1998
On a motion by Ms Wescott, seconded by Ms Feltovic, the Commission voted
unanimously to continue the Public Hearing until December 16, 1998
Notice of Intent(s)
#242-941 #227 Berry Street(Joan Brunette)New England Engineering cont fr 1]/]8198
Ben Osgood Jr. is requesting a one month continuance Mr Osgood stated that Ms
Brunette has hired Appleton Land Surveying to produce a plan,but didn't produce a
mylar recordable plan
On a motion by Ms Feltovic, seconded by Mr Lynch,the Commission voted
unanimously to grant a continuance until January 6, 1999
9242-942 Bradford Street, Map 62/Lot 23 (Robert Brown) Graham Boston Group
Manny Rabbrtt, Mr O'Day and Domenic Scalise were present representing Bradford
Street The wetlands were approved through an RDA and are accurate There is a sewer
easement proposed through Mr Christie's backyard The 25/50' setbacks have been met
The limit of work is defined by haybales There is a post and rail fence on the plan to
prevent encroachments There is a 60' limit of work line The only item in the 100'
buffer zone is the roof drains, erosion control and the fence A special permit was
granted by the Planning Board
On a motion Ms Feltovic, seconded by Mr Lynch,the Commission voted unanimously
to close the Public Hearing and issue a decision within 21 days
Decisions:
#242-9391NACC#10 Lot #14 Chestnut Street (Acorn Realty Trust) N E Engineering
On a motion by Ms Wescott, seconded by Mr Mabon, the Commission voted
unanimously to deny Lot#14 Chesnut Street
#242-940 4400 Osgood Street(Wm Bannister) Keach-Nordstrom Associates
On a motion by Ms Feltovic, seconded by Mr Mabon, the Commission voted
unanimously approve the draft decision as amended for#400 Osgood Street
Adjournment:
On a motion by Ms Feltovic, seconded by Ms Wescott, the Commission voted
unanimously to adjourn the meeting