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Home My WebLink About1999-02-03 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room February 3, 1999 Members Present: Albert P. Manzi, Jr., Chairman, Scott Masse, Vice Chairman, John Mabon, Joseph Lynch and Beth Wescott Robert Mansour and Deborah Feltovic were absent. 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 p.m. Minutes: December 16, 1998 January 6, 1999 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.) Status/Schedule — Conservation Administrator Mr. Howard informed the Commission that this evening would be his last meeting, however, he will be working in the Conservation Office the Wednesdays of February the 101h, 17`h and 24`h 242-441 Extension to OOC Long Pasture Estates (Crowley Construction) An OOC was issued on March 25, 1996 authorizing construction of an 8 lot subdivision including homes, roadway and necessary appurtenances The project is currently in compliance and the permit is due to expire on March 25, 1999. On a motion by Mr. Mabon, seconded by Ms. Wescott, the Commission voted unanimously to issue the extension permit with a date of expiration to be March 25, 2000 242-780 COC Lot 15A Forest Street (Tricia & Jim Santoianni) Mr Howard recommends the Commission issue a Certificate of Compliance on this project. On a motion by Mr. Lynch, seconded by Mr. Masse, the Commission voted unanimously to issue a Certificate of Compliance for DEP #242-780. 242-844 COC 25 Mill Road (David Mermelstein) Damarc Design An OOC was issued on January 9, 1997 authorizing construction of a SFH, driveway, subsurface disposal system, utilities and related site grading within the Buffer Zone of a Bordering Vegetated Wetland. Ms. Martin inspected the site on January 28, 1999 and has no issues, the site is stable, therefore she recommends the Commission issue a COC On a motion by Ms. Wescott, seconded by Mr Mabon, the Commission voted unanimously to issue a Certificate of Compliance for DEP #242-844. 242-839 COC Lawrence Municipal Airport (King Air Charters) An OOC was issued on 11/7/96 authorizing construction of a bituminous concrete apron within the Buffer Zone of a BVW There was an error in the field and the apron extended into the No Disturbance Zone and into a small area of the wetland. The paved area has been removed and restored to the Commission's satisfaction. The No-Disturbance Zone has been restored, loamed and seeded. Jim Baker was on site Monday when Ms Martin was doing her inspection and he informed her that the area was seeded on December 2"d Ms Martin stated that grass does not grow in December and the growing season typically ends in October, therefore, the applicant is not eligible for a COC per conditions #37 of the OOC. The grass did not reach full potential growth and the site is unstable Ms. Martin recommends the Commission deny the COC request, and the applicant should re-seed come springtime and allow the area to reach full stabilization before requesting a COC. Atty Doug Deschenes is present this evening representing King Air Charters and stated they are well aware they should wait until spring for a full Certificate of Compliance Mr Howard recommends the Commission release $4500 of the bond money. Mr. Lynch made a motion, seconded by Ms Wescott, to issue a Partial Certificate of Compliance and release all but $1,000 of the bond money Discussion: Mr. Masse asked why issue a PCOC instead of making the applicant return? Mr. Lynch stated that the applicant is bringing another project forward and feels they should receive a PCOC since they have in good faith been working towards compliance. The vote on the motion was unanimous 242-806 COC Lot 14A/#83 Sherwood Drive (Frank Fradela) Neve Associates An OOC was issued on June 7, 1996 authorizing construction of a home, driveway, foundation drain and regrading within 100' of a BVW The site is stable and the Town is holding a $3000 bond John Morin, Neve Associates, is present this evening and stated that he went to the site and could not locate the foundation drain. Mr Morin contacted a Mr. Innis who stated the drain was installed upslope of the 25' limit of work line and is hoping the Commission will understand this. Mr. Howard visited the site, has no issues and recommends issuing a COC. On a motion by Mr Masse, seconded by Mr Mabon, the Commission voted unanimously to issue a Certificate of Compliance for DEP #242-806 242-807 COC Lot 2/#44 Sherwood Drive (Laura Khmas) Neve Associates An OOC was issued on 6/7/96 authorizing a house, driveway, foundation drain and regrading within the Buffer Zone of a BVW. There was a previous encroachment into the No Disturbance Zone, that has been restored, and the site is stable. The bond is $3,000, the septic system is outside the Buffer Zone and Ms Martin visited the site and has no issues. Her recommendation is to issue a COC. On a motion by Mr. Lynch, seconded by Ms. Wescott, the Commission voted unanimously to issue a Certificate of Compliance for DEP #242-807 242-392 PCOC Rocky Brook Road (Peter Breen) Neve Associates An OOC was issued on April 13, 1987 authorizing construction of Rocky Brook I including drainage facilities, roadway, utilities and necessary appurtenances. The roadway was constructed quite some time ago per Mr. Howard's review. All septic systems are outside the Buffer Zone, all lots are stable, replication areas are successful and everything is in compliance with the exception of lot 18 Lot 18 had a minor encroachment into the No Disturbance Zone at 22' and the stairs and concrete pad are in the No Construction Zone. Peter has agreed to plant highbush blueberry shrubs in the springtime to mitigate these violations in the area of flag Al The remaining bond is $5,000 Ms Martin recommends issuing a PCOC for the whole subdivision with the exception of Lot 18 and reduce the bond to $500. Mr Howard recommends issuing an Enforcement Order mandating the planting be done by June 1, 1999. Mr. Mabon made a motion, seconded by Ms Wescott, to issue a Partial Certificate of Compliance, with the exception of lot 18, to retain $500 of the bond money and to issue an Enforcement Order mandating the planting of highbush blueberry shrubs be done by June 1,1999. Conservation Restriction — Lot A Rea Street Mr. Howard stated an Order of Conditions was issued about 1 '/2 years ago for the construction of a single family dwelling with a Conservation Restriction placed on the property. The restriction has been approved and signed by the Board of Selectmen, the property owner and now the Commission needs to sign it. The Commission signed the restriction and Mr Howard will forward it to the State. Filing Fee Expenditure — Conservation Associate Position $22,345 94 Mr. Howard stated that the Filing Fees were never in jeopardy before, but now they can be taken by the Town Manager, therefore, if the Commission doesn't encumber the funds they may lose them. On a motion by Mr Masse, seconded by Ms. Wescott, the Commission voted unanimously to encumber $22,345.94 from the Filing Fee Account for the Conservation Associate Position. Finance Committee Meeting — 2/11/99 ( 7 00 p.m. NAFD (2"d Floor) Mr Howard wanted the Commission members to be aware that it is important for them to attend the meeting along with him Mr. Scott will be attending and has written a memo to the Town Manager regarding the Filing Fee Account. Decisions: 242-944 #193 Foster Street (The Foster Trust) Christiansen & Sergi Ms. Martin had a draft Order of Conditions ready for the Commission's approval this evening and the bond will be $2,000 Mr Masse volunteered to review and approve the temporary easement so Town counsel won't have it. Mr. Mabon made a motion, seconded by Mr. Masse, to approve, as amended, the draft OOC for DEP #242-944 The vote of the Commission was 4-0-1 (Joe Lynch abstained) • r The Commission voted unanimously to take a recess until 8 00 p m. when the public hearings open Public Hearings (8:00 p.m.) Continued Discussions 242-784 Modification —Abbott Village Est (No Andover Land Corp) cont fr 1/20/99 Atty Howard Speicher is present this evening. Mr Howard stated he has had a few meetings regarding Abbott Village and there are only 2 or 3 outstanding issues left In lieu of test pits John Chessia recommends making the detention basins larger. Dry wells are proposed for the lots. Mr. Howard stated 10 test pits will be performed on the site to determine if the dry wells will work, and the location they will be done should be added to the conditions On behalf of the applicant, Atty. Speicher thanked Mr. Howard and John Chessia for their diligence in trying to wrap this project up. It was discussed whether there was room to move the detention basin 25' away from the wetland if the Commission desires. Peter Ogren, Hayes Engineering, stated that it really needs to go close to the wetland as it works better that way and it did not figure into the calculations We could move it or change the shape of it if desired Mr Howard stated the basin should be relocated to minimize the disturbance in the Buffer Zone. Concern was expressed regarding the sumps being full and the applicant offered to increase the size of the detention basins. Mr Ogren stated the volume can be made larger in the basins rather than change the roadway. Mr. Howard recommends the information be in the Commission Office by the 10`h and the Commission should be ready to issue a Modification by the 171h Mr. Lynch expressed concern about moving the detention basin closer to the house, the house could be moved 15' or 20' over giving more room. The applicant is looking for a consensus from the Commission on the issues to be able to make changes by the 101h. Mr. Lynch suggested a vortex chamber and Mr. Ogren stated the present design is the most maintenance free. To give the applicant some consensus, the Commission was polled on whether to move it or leave it. Mr Mabon. move it Ms. Wescott. move it Mr. Manzi move it Mr Masse move it Mr Lynch leave it On a motion by Mr. Masse, seconded by Mr Mabon, the Commission voted 4-0-1 (Beth Wescott abstained) to continue the public hearing until February 17, 1999. Request for Determination of Applicability Salem Tpke, Rte 114, Map 98D (Atlantic Realty Trust) Wetlands Preservation, Inc Mr Howard stated this is just a simple delineation. Curt Young is present this evening representing the ABC/Realand parcel Mr. Young stated the applicant is not changing anything just asking the Commission to ratify the two (2) isolated wetland areas, less than 1000 s.f. Mr Howard recommends the Commission issue a Negative Determination category 1 (one) area E and F On a motion by Mr. Masse, seconded by Mr Lynch, the Commission voted unanimously to issue a Negative Determination of Applicability category 1 (one) area E and F. Notice of Intent(s) 242-941 #227 Berry Street (John Brunette) New England Engineering cont fr 1/6/99 Ben Osgood, Jr. is present this evening and apologized for the lateness in asking for a continuance for the project He would like the continuance for 4 weeks until the March 3, 1999 meeting. Mr. Lynch stated another continuance? Mr. Osgood stated there is no RPLS stamped plan on record Mr Lynch made a motion, seconded by Mr Masse, to grant a continuance until March 3, 1999 with the understanding if the applicant is not ready the Commission will close and deny. The vote of the Commission was unanimous 242-943 1 Clark Street Lots 14, 15 & 45 (Hancock Eng Consultants) cont fr 1120199 Mr Howard stated all drainage issues have been resolved, he has no further issues and feels the Commission can close and issue a decision in 21 days. Ms Wescott made a motion, seconded by Mr. Mabon, to close the public hearing and issue a decision in 21 days. The vote of the Commission was 4-0-1 (Mr Lynch abstained). 242-947 Winter St, Bridle Path, So Bradford St, T►mber Ln (Guertin Assoc) DPW Ben Fehen and Brett Berkley are present this evening with Mr. Fehen stating that he is representing DPW for contract 3c. Mr. Berkley stated there will be no direct wetland impacts, the work will be in the buffer zone and de-watering will be the biggest issue The first 150' on Winter Street will require de-watering. In the area of Bridle Path the water will discharge directly into the wetlands. A sediment trap with double hay bales and filter bags to collect the sediment will be used. Mr. Berkley stated they will be changed frequently. So Bradford Street is much higher in elevation and Mr Berkley stated they don't expect any water problems. Some of the residents expressed concern about how to connect up and the process was explained to them. Kristen Hollenbeck, 145 So Bradford Street, questioned who was awarded the contract and was told no one yet Ms Hollenbeck stated that "Andreassi Company" did the work in the surrounding neighborhood and was very sloppy and left equipment and pipes along the side of the road for a very long time! She also expressed concern about what trees would be coming down. Mr Manzi suggested Ms Hollenbeck and other residents write a letter to the Town Manager and DPW expressing their concerns regarding the contractor. Mr Howard and the Commission had a few outstanding issues for the applicant: 1 identify trees to be cut within 100' of the proposed work 2 information on stockpiling 3 pipe storage information 4 more information on de-watering On a motion by Mr. Masse, seconded by Ms. Wescott, the Commission voted unanimously to continue the public hearing until February 17, 1999. 242-946 #82 Raleigh Tavern Lane (Mary DenBoggende) Merrimack Engineering Bill Dufresne, Merrimack Engineering, was present along with the homeowner. Mr. Dufresne stated when the home was sold it passed Title 5 but has since failed. The proposal is to re-locate the system in the front of the house with a raised system. The applicant has filed with the Board of Health Mr Howard stated the line is accurate, there are no waiver requests and he recommends the Commission close the public hearing and issue a decision within 21 days. On a motion by Mr. Mabon, seconded by Ms. Wescott, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-??? #2 Clark Street (Lawrence Municipal Airport) King Air Charters Jeffrey Morrissette, King Air Charters, is present this evening along with Atty. Doug Deschenes. Proof of mailing was given to the Commission and Atty. Deschenes stated the applicant wants to construct a new hangar, an addition to the apron, construction of new water line and extension of existing utilities. No waivers are being requested and the project needs to go to an outside consultant for review. No work is proposed within 25' and the applicant will install hay bales in the area where material will be stockpiled The applicant is proposing dual detention ponds for additional protection. Atty Deschenes stated they are required to provide Town water through the center of the existing roadway and they will be cutting in the 25' no disturbance zone a little. Ken Ward stated that floor drains must be provided and he will talk to the building inspector regarding this. Ms. Wescott stated that the waterline seems to be 20' deep, which seems to be a little misleading Mr Morrissette offered to provide the correct information for the next meeting. (It is 9 40 pm and Mr Manzi had to leave for work) A construction process sheet will be provided and Mr Howard to give the applicant a punch list. On a motion by Mr. Lynch, seconded by Ms. Wescott, the Commission voted unanimously to establish an escrow account in the amount of $1500. The applicant was given the opportunity to choose from three firms, but they chose Coler and Colantonio as the outside consultant. On a motion by Ms. Wescott, seconded by Mr Mabon, the Commission voted unanimously to continue the public hearing until the March 3, 1999 meeting Fling Fee Expenditure — MACC Annual Conference On a motion by Mr Lynch, seconded by Ms Wescott, the Commission voted unanimously to expend $50 per member for those who would like to attend the Annual MACC Conference Decisions: 242-946 #82 Raleigh Tavern Lane (Mary DenBoggende) Merrimack Engineering Mr. Howard had a draft Order of Conditions prepared for the Commission's review. On a motion by Mr. Lynch, seconded by Ms. Wescott, the Commission voted unanimously to approve the draft OOC as written for DEP #242-946. 242-943 1 Clark Street Lots 14, 15 & 45 (Hancock Engineering Consultants) Mr. Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr. Lynch, seconded by Ms Wescott, the Commission voted unanimously to approve the draft OOC as written for DEP #242-943. Adjournment: On a motion by Ms. Wescott, seconded by Mr. Mabon, the Commission voted unanimously to adjourn the meeting.