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HomeMy WebLinkAbout1999-03-03 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room March 3, 1999 Members Present Albert P. Manzi, Jr., Chairman, Scott Masse, Vice Chairman, Deborah Feltovic, John Mabon, Joseph Lynch and Beth Wescott Robert Mansour was absent. Staff Present. Richelle L. Martin, Conservation Associate and Karen A. Fitzgibbons, Secretary. The meeting was called to order at 7:00 p.m. Minutes: There are no minutes ready for approval this evening. General Business: Filing Fee Expenditure/Printing of 25 Wetland Protection Bylaws (Sir Speedy) $314 On a motion by Mr Masse, seconded by Ms. Wescott, the Commission voted unanimously to expend $314 from the Filing Fee Account to pay the invoice from Sir Speedy Printing. Filing Fee Expenditure/plaque for M. Howard (Award Specialties) $75 On a motion by Mr. Masse, seconded by Mr. Mabon, the Commission voted unanimously to expend $75 from the Filing Fee Account to pay the invoice from Award Specialties 242-721 Bond Reduction Lots 2,8,9,10,1 1,12,13,14,15,16,17 & roadways Pinewood Estates (Evergreen Management)(Atlantic Engineering) Tom Hurley, Evergreen Management, is present this evening asking for all but $10,000 in bond money to be released. Mr Manzi stated that lots 8 through 17 are not jurisdictional but were considered as part of the bond because of the Paxton soils and the steep slope making this area difficult to stabilize, and that's why the bond was set so high. Mr. Manzi stated he visited the site today and does not think the area is stable enough yet and it is premature in requesting a bond reduction. Also, Mr Manzi expressed concern regarding lot 2 not being stable. Ms. Martin stated replication area "B" has completed two growing seasons, but we need a final assessment from Geoff Andrews, WPI, concluding its % of wetland plants and their survival rate before we can release money for this replication area. Lots 8 through 17 are not jurisdictional and the Commission did not bond them. The roadway has not been coated with a final binder and is not complete. There are unstable areas on either side of the street that need to be seeded in the spring Lot 2 is jurisdictional, but is not stable Ms Martin's recommendation is that no money be released at this time as the request is premature On a motion by Mr. Lynch, seconded by Mr. Masse, the Commission voted unanimously to deny the bond reduction request. 242-749 Discussion Harold Parker State Forest-Berry Pond Rd (Stuart Weinreb-DEM) Dave Johnson, the field engineer is present this evening along with Mr. Weinreb, the project manager The OOC was issued on May 19, 1995 authorizing construction efforts to be undertaken to re-establish a "day-use facility" at and adjacent to Berry Pond A request came in from Mr Weinreb for a Certificate of Compliance. Ms Martin wrote a letter back to Mr Weinreb outlining additional information needed and discrepancies comparing the as-built to the Plan of Record. Ms Martin issued a deadline of February 2, 1999 for Stuart to submit a detailed report to her outlining the areas of concern. The deadline was not adhered to and Ms Martin was not contacted Therefore, a second letter was written requiring DEM to appear before the Commission this evening with a status report. Mr. Weinreb presented an as-built plan to the Commission, however, it did not match the plan of record in the Commission's files. The Commission reviewed the plan and the file and stated their plan matches the Order of Conditions in the file. There was never a modification or amendment filed with the Commission. The date on the applicant's plan of record was 2 weeks after the public hearing was closed! Mr. Weinreb will take another look around his office for more plans and he and Ms. Martin will stay in touch. Mr. Masse asked the secretary to pull the minutes of April 26, 1995 for review. 242-771 COC 250 South Bradford Street (Bob Innis) (New England Eng) An OOC was issued on 10/5/95 authorizing construction of a single family home within the BZ of a BVW Setbacks were mandated and met, the house is 61' from the closest wetland point and the site is stable. The bond is $3,000, Ms Martin visited the site, has no issues and recommends the Commission 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 #242-771 Decisions: 242-784 Amendment to OOC —Abbott Village Mr. Howard had a draft Order of Conditions prepared for the Commission's review. Test pits will be done on Thistle Road, Nutmeg Lane or Periwinkle Lane. The Commission needs to ratify the Amendment to the OOC. Mr. Lynch made a motion, seconded by Mr. Masse, to adopt as drafted the Order of Conditions for r e DEP #242-784 The vote of the Commission was 5-0-1, with Ms Wescott abstaining. Public Hearings (8:00 p.m.) Request for Determination of Applicability Incomplete Applications 2324 Turnpike Street (West Environmental) (Anthony Pacillo) This is an incomplete application and will not be heard this evening. Mr. Manzi asked if there were any abutters present and there were not. Notice of Intent(s) 242-941 227 Berry Street (John Brunette) New England Eng cont fr 213199 Ben Osgood, Jr is present this evening and has a plan prepared by a registered land surveyor and recorded at the Registry of Deeds. The Commission reviewed the plan to verify the property lines are really the property lines The septic tank is 40' to the wetlands, the leach bed is 50' to the wetlands. Mr. Osgood stated the existing tank will be crushed and filled with sand. There are no abutters present. On a motion by Mr. Lynch, seconded by Ms Wescott, the Commission voted unanimously to close the public hearing and issue a decision within 21 days. 242-2?? 2 Clark St (Lawrence Municipal Airport) King Air Charters cont fr 213199 Jeffrey Morrissette, H-Star Engineering, is present on behalf of King Air Charters and he stated they received comments late last week from John Chessia and they are working on them Mr Manzi instructed Mr. Morrissette to have the revisions in to the Commission Office within seven days of the next public hearing for the abutters to be able to review There are no abutters present this evening The applicant is requesting a continuance until the March 24, 1999 meeting. On a motion by Ms. Wescott, seconded by Ms Feltovic, the Commission voted unanimously to grant the continuance until the March 24, 1999 meeting 242-947 Winter St, Bridle Path, So Bradford St, Timber Ln (Guertin) cont fr 2117199 Ben Fehen is present this evening and distributed a letter to the Commission regarding the outstanding issues The applicant will have a pre-construction conference with Ms Martin to decide which trees are to be cut. Regarding the storage of pipe, Mr. Fehen stated the Town owned land on Timber Lane will be available to use. Regarding de-watering, at the end of Winter Street the contractor will pump the water. Mr. Lynch wants an environmental monitor to be present. There were no abutters present this evening On a motion by Mr Masse, seconded by Mr Lynch, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-931 Lot 4N Berry Street (One Hundred Fourteen Trust) cont fr 2117199 Peter Hingorani and Patrick Garner are present this evening. Ms. Martin stated she did a site visit and there is no heron rookery present and nothing on the Estimated Habitat Map Patrick Garner and Peter Hingorani had a meeting with John Chessia in Norwell and resolved the outstanding issues. The only issue left is item #11 on the third page of the letter. Mr. Garner is asking the Commission to condition the contour area with a plan acceptable to the Commission. Mr. Lynch wanted it made clear that the applicant wasn't going to change the 2' contour and Mr. Garner stated he wasn't going to change it. Mr Garner stated they will be taking all of the parking and driveway water and re-charging it. The Commission wants Ms. Martin to speak with John Chessia to be sure all issues are settled and she will try to draft a decision for the 24t". Mr. Manzi asked for abutter input and a Berry Street resident stated that at the Planning Board meeting two people stated that Mr. Hingorani was the absolute worst person to work with and never did anything he said he would! Mr Manzi stated the Commission can hold his bond money if there are any problems. Lena McLaughlin, Ash Street, is looking for a plan as it is difficult for her to come to the office. Mr Hingorani had an extra and gave it to her. The applicant requested a continuance until the March 24, 1999 public hearing On a motion by Mr. Lynch, seconded by Ms. Feltovic, the Commission voted unanimously to grant the continuance until the March 24, 1999 public hearing Ms. McLaughlin expressed concern regarding the submittal to the Planning Board and the fact that when she called the PB office she didn't receive any information. (I took her number down and told her she would be hearing from Amy, the PB secretary Amy called Ms. Laughlin on March 8, 1999 at 3:15 p m. and left a message) Adjournment: On a motion by Mr Mabon, seconded by Ms. Wescott, the Commission voted unanimously to adjourn the meeting.