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HomeMy WebLinkAbout1999-01-20 Conservation Commission Minutes 5Conservation Commission Minutes DPW Conference Room January 20, 1999 Members Present: Albert P Manzi, Jr., Chairman, Scott Masse, Vice Chairman, John Mabon and Robert Mansour. Joseph Lynch, Beth Wescott and Deborah Feltovic 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 m Minutes: December 2, 1998 On a motion by Mr Masse, seconded by Mr. Mabon, the Commission unanimously approved, as amended, the minutes of December 2, 1998. General Business (7:00 p.m.) 242-742 COC Opposite 305 Boston Street (Donald F Johnston) This OOC was issued on 4/25/95 authorizing filling 1,300 s.f. of BVW for the driveway crossing and one dwelling within the Buffer Zone of a BVW. A bond reduction was granted in December of 1997 and as-builts and a letter certifying compliance were submitted at that time. The house is 77' from the closest wetland flag and the foundation drains are > 25'. Ms Martin stated she visited the site on January 14th and has no issues, therefore, she recommends the Commission issue a COC. On a motion by Mr Mansour, seconded by Mr. Masse, the Commission voted unanimously to issue a Certificate of Compliance for DEP #242-742. 242-698 COC Lot #1, 1014 Turnpike Street (Merrimack Engineering) Mr. Howard stated an OOC was issued in June 1994 for a single family home. The setbacks have been mandated and met and Mr Howard recommends the Commission issue a COC. On a motion by Mr. Mansour, seconded by Mr. Masse, the Commission voted unanimously to issue a Certificate of Compliance for DEP #242-698 242-830 Modification — Salem St/Abbott St Sewer Ext (West Environmental) Mr. Howard stated the Commission previously denied a COC request and after that meeting Mr. Howard met with the applicant and suggested they file a Modification Request The sewer is outside the no disturbance zone except for a small section, but no trees were lost. Mark West was present and stated the water main was added to give more width, it is a wet meadow situation. Mr.-Manzi stated there was and is vegetation along the wall and if the water pipe was not there, could the sewer line have gone closer to the wall? Mr. West replied that adjustments were made in the field, so it is hard to say. Mr. Howard recommends granting the Modification. Mr Mansour wants to know who gets the violation, DPW or the contractor? Mr Howard stated the burden is on the applicant to be sure they are in compliance with all the boards Mr. Mansour sees this as being precedent setting. Mr. Manzi stated he was very upset with DPW at the last meeting and the message here to the applicant tonight is this is your one mistake Mr Mansour expressed concern about another board or department overruling the Commission and he's tired of it! The Commission voted 2-1-1 (Mr. Mansour abstained and Mr. Masse voted in the negative) to grant the Modification. Mr. Masse stated he feels the request should be for an Amendment to the OOC, not a Modification. 242-830 COC Salem St/Abbott St Sewer Extension (West Environmental) Mr. Howard stated the site is now in compliance and he recommends the Commission issue a Certificate of Compliance. On a motion by Mr Masse, seconded by Mr. Mabon, the Commission voted unanimously to issue a Certificate of Compliance for DEP #242-830 242-721 Extension Permit — Pinewood Estates (Evergreen Management) Mr. Howard stated this is a second request, the applicant`paid the $50, and the site is 95% developed and currently in compliance with the Order of Conditions. On a motion by Mr. Masse, seconded by Mr. Mansour, the Commission voted unanimously to grant the extension request for one year 242-802 Extension Permit to OOC Lot 3 Sherwood Drive (William Barrett) and 242-805 Extension Permit to OOC Lot 12 Sherwood Drive (William Barrett) and 242-809 Extension Permit to OOC Lot 11 Sherwood Drive (William Barrett) Bill Barrett is present this evening and stated that he is now in control of the three lots. Mr. Janusz is no longer in charge and will not be doing any work out there. Mr. Howard stated he inspected the wetland line and the lots are in compliance, therefore, he recommends the Commission issue Extension Permits for the three lots. On a motion by Mr Mansour, seconded by Mr. Masse, the Commission voted unanimously to issue one year Extension Permits for the following. DEP #242-802 to expire May 6, 2000 DEP #242-805 to expire June 21, 2000 DEP #242-809 to expire June 7, 2000 242-804 Bond Reduction Lot 6C Turnpike Street (Mark Ruggles) Neve Assoc An OOC was issued on June 7, 1996 authorizing construction of a single family home, well, garage, septic system, driveway which crosses a stream, and regrading within the Buffer Zone of a BVW. Ms Martin stated that last summer she discovered two slight encroachments into the No Disturbance Zone and she had Mark Ruggles re-plant those areas The site has been seeded, but never reached full stabilization and it will need to be re-seeded come spring The Conservation Office is in receipt of stamped as-builts and a letter certifying compliance. There is a replication area that needs to go through one more growing season. The bond is $5,000 and Ms Martin recommends releasing an appropriate amount leaving enough money for one more growing season and site stabilization. On a motion by Mr. Mansour, seconded by Mr Masse, the Commission voted unanimously to reduce the bond to $1,000 thereby releasing $4,000 to the applicant. 242-792 Status Report Woodlea Village (lames Grifoni) Mr. Manzi stated he spoke to the applicant's counsel this afternoon and since the as- built was delivered to the Conservation Office before the deadline, Mr Manzi told the applicant's attorney he did not need to appear tonight before the Commission, as he sees co-operation between the parties Mr Howard stated that on behalf of the Commission, and with the chairman and vice chairman's approval, he recommends the Cease & Desist on lots 1 through 6 no longer be in effect As of today, Mr. Howard stated, the site is in compliance. Lots 7 through 11 are still shut down On a heads up notice to the Commission, Mr. Howard stated that people have been in to the Conservation Office stating they are taking over the project. Notice Finance Committee Meeting — February 11, 1999 7.00 p.m 04 DPW Mr. Manzi stated that it is important every member of the Commission attend this meeting. On a motion by Mr. Masse, seconded by Mr. Mansour, the Commission voted unanimously recess until 8:00 p.m. Public Hearings (8:00 p.m.) Continued Discussions: 242-784 Modification —Abbott Village Est (No Andover Land Corp) cont fr 11118198 Mr. Howard stated that Hayes Engineering, in writing, has requested a continuance until the February 3, 1999 meeting On a motion by Mr. Masse, seconded by Mr. Mabon, the Commission voted unanimously to continue the public hearing until February 3, 1999. Request for Determination of Applicability There are no filings for this evening Notice of Intent(s) 242-943 1 Clark Street Lots 14, 15 & 45 (Hancock Eng Consultants) cont fr 12116198 Julie Parrino and Brad Mezquita are present this evening. The applicant has received written information from John Chessia and Mr Howard went over 4 or 5 of the itmes on the phone with the applicant, who is working on them. The most outstanding issue is the high water table and Mr. Howard stated he wants a detailed boring of the area An Operation & Maintenance Plan and revised drainage plans were given to Mr. Howard this evening. There is no de-watering plan yet. Mr. Howard recommends continuance of the public hearing until February 3, 1999 On a motion by Mr. Mabon, seconded by Mr Masse, the Commission voted unanimously to continue the public hearing at the February 3, 1999 meeting. 242-945 Salem Street, Map 65, Lot 14 (The Sanctuary) Merrimack Engineering John Soucy is present this evening and provided proof of mailing to the Commission. Mr. Howard stated there are only a few issues to review at this time and the applicant must establish an escrow account. Mr. Soucy stated he has spent the last 4 or 5 months getting the plan in shape. The proposed plan calls for 5 homes and 2 ponds. Per the Planning Board one home has been relocated with a detention pond behind it. Riparian zones are present and there will be minor grading behind lot 4 (approximately 200 s.f) and no flood plain will be affected. A 36" culvert will be replaced. The applicant is requesting some waivers from the Planning Board that should be no problem. There will be 2.1 replacement for the replication area and a 2' high stone wall is to act as a 25' buffer. It was pointed out on the plan that the detail for the stone wall encroaches 2' into the no-disturbance zone and Mr Soucy will move it out. Mr Howard pointed out that a wall should be constructed on lots 2 and 3 also. No waivers will be requested from the Commission. Mr. Howard recommends an escrow account in the amount of $2500 be established and gave Mr. Soucy the right to request three bids from outside consultants. Mr. Soucy rejected the three bid process and stated he would like to use Coler & Colantonio. On a motion by Mr. Mansour, seconded by Mr. Mabon, the Commission voted unanimously to establish an escrow account in the amount of $2500. Mr Mabon expressed concern that some lots skirt the 50' zone pretty closely and if decks are planned he suggested they be shown. Mr. Soucy stated we don't plan to install decks and Mr. Howard stated a note regarding that will need to be placed on the plan of record. Mr Soucy stated the applicant (St Michael's church) wanted him to ask the Commission to reduce the number of stone walls by one in an effort to help keep the costs down. Mr. Manzi stated you can make the request, but you must quantify it first Mr. Howard recommended a continuance until the February 17, 1999 meeting. On a motion by Mr. Mansour, seconded by Mr Masse, the Commission voted unanimously to continue the public hearing until the February 17, 1999 meeting. 242-944 193 Foster Street (The Foster Trust) Christiansen & Sergi Gene Willis, Christiansen & Sergi, is present this evening and gave proof of mailing to the Commission The property is the yellow cottage adjacent to Foster Farm The wetland line has been delineated, verified and is accurate. The work barely encroaches into the 25'. The septic design has been approved by the Board of Health The applicant must request an easement from the Town through the Commission. Mr Howard suggested doing a retaining wall instead of encroaching into the Town property. Mr. Willis stated the system will remain on the lot, just the grading will be outside Mr Howard stated he has no problem with the easement as long as it goes to Town Counsel for review. On a motion by Mr. Mansour, seconded by Mr. Masse, the Commission voted unanimously to close the public hearing and issue a decision within 21 days Adjournment: On a motion by Mr. Mabon, seconded by Mr. Masse, the Commission voted unanimously to adjourn the meeting.