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HomeMy WebLinkAbout1999-01-06 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room January 6, 1999 Members Present: Albert P Manzi, Jr , Chairman, Scott Masse, Vice Chairman, Beth Wescott, Robert Mansour and John Mabon. Joseph Lynch arrived at 7:10 p m Deborah Feltovic was 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 m Minutes: October 21, 1998 November 4, 1998 November 4, 1998 Executive Session November 18, 1998 December 9, 1998 On a motion by Mr. Masse, seconded by Ms Wescott, the Commission voted unanimously to approve, as amended, the above listed minutes General Business (7:00 p.m.) 242-721 Modification to OOC Pinewood Estates (Evergreen Management) The applicant has requested, in writing, a continuance to the 1/20/99 meeting On a motion by Mr. Masse, seconded by Ms. Wescott, the Commission voted unanimously to grant the request for a continuance until the 1/20/99 meeting. 242-721 Extension Permit — Pinewood Estates (Evergreen Mgmt) The applicant has requested, in writing, a continuance to the 1/20/99 meeting. On a motion by Mr. Masse, seconded by Ms Wescott, the Commission voted unanimously to grant the request for a continuance until the 1/20/99 meeting. 242-899 COC 122 Boxford Street (Fred Chaput) An OOC was issued on 3/19/98 authorizing replacement of a septic system and construction of a retaining wall within the Buffer Zone of a Bordering Vegetated Wetland (BVW). 14750' setbacks were mandated and met, the office is in receipt of a letter from a P.E. and stamped as-builts certifying compliance with the OOC. The bond is $2,000, the site is stable, Ms Martin stated she visited the site and has no issues, therefore, she recommends the Commission issue a COC. On a motion by Mr Masse, seconded by Ms. Wescott, the Commission voted unanimously to issue a Certificate of Compliance for DEP file #242-899. A 242-060 PCOC Lot 30/127 Olympic Lane (Berluti & McLaughlin, LLC) An OOC was issued on 5/1/79 authorizing construction of Olympic Lane and necessary appurtenances. Individual homes were not included in this filing, as- builts and certification were not required. The title is clouded and Ms. Martin recommends a Partial Certificate of Compliance be issued. On a motion by Ms. Wescott, seconded by Mr. Mabon, the Commission voted unanimously to issue a Partial Certificate of Compliance for DEP #242-060. 242-792 Enforcement Order — Woodlea Village Subdivision (Jim Grifoni) Atty. Dom Scalise, Jim Grifoni and Steve D'urso are present this evening. Mr. D'urso stated that on December 14`h he prepared a restoration plan and on December 22"d & 23`d he supervised the portion of the plan that could be completed. Five nurseries were contacted, however, their stock has been laid away for the winter months. Mr. D'urso stated there is stability now and the property is in substantial compliance. The Commission agrees it is hard to plant in January and can understand the nurseries have their stock laid away. Mr. Howard stated that as of December 24`h the Enforcement Order was in substantial compliance. The additional fines from December 3`d to December 23rd total $4200 and that figure was given to Mr. Grifoni, in writing, on January 6`h. The December 14`h report by Mr. D'urso shows areas of violations. (It is 7.10 and Joseph Lynch has arrived) The Commission has no as-built plan, but it wasn't requested by Mr. Howard. Mr. D'urso stated that based upon a visual inspection everything appears in substantial compliance. Mr. Grifoni stated that he sold lots 1 and 3 and there is a deposit on lot 10 Mr Howard wants new Form U's done. Mr. Grifoni stated he already has Form U's and Mr. Howard is not happy about this Mr. Howard stated that Mr. Grifoni agreed to pre-construction meetings that were never held, so how can we believe him now?! Mr. Grifoni stated he put the footing in the ground, pinned it and can have as-builts tomorrow Mr Howard to give Mr. Grifoni a shopping list. Lots 7 through 11 have Mr. Howard's signature but no foundations have been poured yet. Mr. Masse made a motion that lots 7 through 11 will require a pre- construction meeting with Mr Howard and the Commission is granting him the authority to lift the Cease & Desist on a lot by lot basis It was mentioned that the as-builts the building office receives do not show the wetland line Mr. Mansour made an amendment to the motion that as-builts given to the Conservation Department must be at the requirement of the Commission. Mr. Masse seconded the amendment to the motion Mr. Howard stated the as-builts should show lots 1 through 6 and the subdivison The vote on the motion and amendment was 5-0-1 (Mr. Lynch abstained). Mr Howard recommends the Commission lift the Cease and Desist for lots 1 through 6 and issue an Enforcement Order mandating an as-built plan be provided to the Commission at 7.00 p.m. on January 20, 1999. Ms. Wescott moved Mr. Howard's recommendation in the form of a motion and now we are waiting for a second. Mr. Masse made an amendment to the motion to remove the Cease & Desist and as-bunts be provided by January 201h or, if not, do not suspend the Cease & Desist, reinstate it Mr. Mansour seconded the amendment and the vote of the Commission was unanimous. Steve D'urso will be the new Environmental Monitor for the project and will appear before the Commission on a monthly basis Mr Grifoni was told the Order of Conditions will expire on June 20, 1999 Public Hearings (8:00 p.m.) Continued Discussions. 242-818 Violation/Bond Seizure — 59 Bridges Lane (L B Getty Corp.) Atty. John Hartigan is present on behalf of Mr. Getty. Mr. Masse read the legal notice regarding the bond seizure. Ms Martin stated she wrote a letter to Mr. Manzi asking the Commission to reconsider the fine. Atty. Hartigan stated that clearly Mr. Getty received the second letter, but not the first probably due to his moving. As to the as-builts, Mr. Getty thought they were submitted, but he didn't follow through. Atty Hartigan stated that Norse Environmental is not sure what Mr. Getty wants done, the depression is similar in size and depth to other depressions. Mr. Howard stated the report dated January 2, 1997 was missing from the file Mr Howard has since received a copy and it seems the applicant was granted latitude as to when the test pits were to be restored. Atty. Hartigan stated there was a letter dated August of 1997 requesting a bond release and a week later they were only looking for a bond reduction because the applicant was aware the test pits were not completed. Mr Howard stated, according to his memory, the restoration was left open ended to be done sometime before Mr Getty gets a Certificate of Compliance There was never a deadline set. Atty Hartigan stated he doesn't know the whole history, but he doesn't think Mr. Getty received the first letter due to moving. The second one he received, and responed to by notifying Ms Martin he is working on the issues. Mr. Howard recommends the Commission not seize the bond as the site is in substantial compliance and suggests the Commission fine the applicant $100 in accordance with the bylaw. Mr. Howard will issue an Enforcement Order that test pits be restored by a date certain. Mr. Masse is concerned that Mr. Getty got the 11/27/98 notice, completely didn't show up at the meeting and is committing a violation to the Order of Conditions, condition #20. Mr. Masse made a motion to not seize the bond, fine the applicant from 12/7/98 through 1/4/99 and charge him the cost of the legal notice. Ms. Wescott seconded the motion and discussion ensued: Mr. Lynch stated he really agrees with Mr. Masse, but would support a lesser fine, even only $100 a day for two weeks. On 7/7/97 Ms. Martin reminded Mr. Getty that he must submit monthly status reports and Mr. Masse stated if Mr. Getty had addressed the items we wouldn't be here now! Mr Mabon stated that six test pits need to be restored and the danger to wetlands seems small, so I'm having a hard time with the fines and suggests maybe a $20 a day fine. Atty. Hartigan stated he doesn't see anything in either letter regarding status reports being necessary. Mr. Mansour replied it is clearly written in the Order of Conditions. Atty. Hartigan stated the as- builts were submitted on time and he suggests his client pay for the legal notice and comply with the $100 fine that was suggested by Mr Howard and Ms. Martin. Mr. Masse stated the flags were never re-established until 1/4/99. Atty. Hartigan stated they were established 12/30/98. Mr Masse offered a motion to his amendment that the original violation notice be rescinded without prejudice and the new fine be $100 a day from 12/7/98 through 12/30/98 due to condition #20 being violated. Ms. Wescott seconded the motion and the vote of the Commission was 3-2-0 (Mr. Lynch and Mr. Mabon voted no) Mr. Masse made a motion that the bond seizure action be dismissed. Ms. Wescott seconded the motion and the vote of the Commission was unanimous. Mr. Masse made a motion, seconded by Ms. Wescott, to close the public hearing for bond seizure and issue a decision that the bond seizure be denied. The vote of the Commission was unanimous. There are no Request for Determinations this evening_ Notice of Intent(s): 242-941 227 Berry Street (John Brunette) New England Engineering cont fr 1212198 The applicant has requested, in writing, a continuance until the February 3, 1999 meeting On a motion by Mr. Lynch, seconded by Mr Masse, the Commission voted unanimously to grant the continuance 242-931 Lot 4N Berry Street (One Hundred Fourteen Trust) cont fr 12116/98 The applicant has requested, in writing, a continuance until the February 17, 1999 meeting On a motion by Mr Mabon, seconded by Mr. Lynch, the Commission voted unanimously to grant the continuance The applicant must re-advertise and re-notify the abutters since the continuance is for more than 30 days. Decisions: There were no decisions due this evening. Adjournment: On a motion by Mr. Mansour, seconded by Mr. Mabon, the Commission voted unanimously to adjourn the meeting.