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HomeMy WebLinkAbout1999-03-24 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room March 24, 1999 Members Present: Albert P. Manzi, Jr , Chairman, Scott Masse, Vice Chairman, and Robert Mansour Deborah Feltovic and Beth Wescott were absent. John Mabon arrived at 7.45 p m. and Joseph Lynch arrived at 8:10 p.m. Staff Present Richelle L. Martin, Conservation Associate and Karen A. Fitzgibbons, Conservation Secretary Due to the lack of a quorum the meeting was not called to order until 7.45 p.m. Minutes: There were no minutes ready for approval this evening General Business• 242-792 Environmental Monitor Report — Woodlea Village (Leah Basbanes) Leah Basbanes is present this evening and stated nothing has been going on since the February 17, 1999 meeting Ms. Basbanes stated there is a problem with the cul-de-sac being off by 4 feet and a new plan was submitted to Ms. Martin and the Planning Board The line was re-surveyed back in the field. The driveway on lot 6 is too high and they want to take the grade down to prevent erosion into the resource area. The applicant will begin staking out the houses on lots 7 through 11 Mr. Manzi stated that Ms. Martin has the full authority to lift the Cease and Desist on a case by case basis. Ms Basbanes will attend the Arpril 7, 1999 meeting. 242-856 Modification to OOC 200 Chickering Road (MHF Design Cnstls) Mark Gross from MHF is present this evening requesting a Modification to the OOC due to the fact the property has been re-zoned and now they want to re-site the building. Mr. Gross stated they have the approval of the Planning Board. Mr. Gross stated the underground system for drainage is on the old plans, but now they are proposing a detention basin which was reviewed by John Chessia through the Planning Board. Mr. Manzi stated it appears you are placing the building exactly 50' from the wetland line and the detention pond exactly 25' The applicant was warned to be careful so close to the Conservation lines. Mr. Gross stated they will certainly be careful and fully understands the implications. On a motion by Mr Masse, seconded by Mr Mabon, the Commission voted unanimously to grant the Modification as requested referencing plans dated 6/19/98, 8/6/98 and 11/4/98. 242-749 Discussion Harold Pkr State Forest/Berry Pd Rd (Stuart Weinreb-DEM) Stuart Weinreb is present this evening on behalf of DEM. Ms. Martin stated she searched everywhere and cannot find any other plans She also spoke to Mr. Howard and he doesn't recall the plans that Mr Weinreb is stating they have. Mr Manzi stated he also spoke with Mr Howard and he said the plans in the file are the plans of record Mr. Weinreb is very upset regarding this and pointed out that items on his plan are referenced in the Notice of Intent In the OOC on the document page Mr. Manzi pointed out to Stuart that they are not referenced and furthermore, the Commission would never condition a point source discharge! Mr. Manzi pointed out to Mr. Weinreb that his plan is not referenced in the OOC Once again, the Commission compared the plan of record with Mr. Weinreb's plan and Mr. Masse stated that the Commission can only act on the OOC. Mr. Lynch stated the Commission would never approve a point source discharge! Mr. Weinreb stated that both Mr. Howard and Ms. Parrino were on site frequently during the work. Mr. Manzi stated this can be remedied through an Enforcement Order as the OOC is expired. Mr Masse made a motion, for discussion only, that the applicant remove the pipes and submit a buffer zone restoration plan (Mr. Masse referenced Mr. Howard's recommendations items 1 through 7 also). The motion for discussion only was seconded by Mr Lynch who then made an amendment for re- consideration and wants a date certain and attach a mandatory fine of $100 a day. Mr. Weinreb is very upset at this and is asking the Commission to allow him to obtain the plans they filed from DEP regional. Mr. Masse stated that maybe some of the Commission members would accept the plans from DEP and if that is the case then he is going to withdraw his motion. Mr. Masse made a motion to withdraw his motion based on the fact that the Commission members will allow the plans to be obtained from DEP Mr. Lynch seconded the motion and the vote of the Commission was unanimous. On a motion by Mr Lynch, seconded by Mr. Masse, the Commission voted unanimously to have the applicant appear at the April 7, 1999 meeting 242-928 Modification to OOC Lot 1 N Berry Street (One Hundred Fourteen Trust) Patrick Garner and Peter Hingorani are present this evening. After receiving final approval from DPW for the sewer line location, a modification to the OOC is needed. The sewer line, with this approved modification, will be further away from the BVW On a motion by Mr. Masse, seconded by Mr. Lynch, the Commission voted unanimously to issue a Modification to the OOC referencing plans dated 2/5/99 Revised 3/8/99. 242-929 Modification to OOC Lot 2N Berry Street (One Hundred Fourteen Trust) Patrick Garner and Peter Hingorani are present this evening. After receiving final approval from DPW for the sewer line location, a modification to the OOC is needed. The sewer line, with this approved modification, will be further away from the BVW. On a motion by Mr Masse, seconded by Mr Mabon, the Commission voted unanimously to issue a Modification to the OOC referencing plans dated 2/5/99 Revised 3/8/99. 242-930 Modification to OOC Lot 3N Berry Street (One Hundred Fourteen Trust) Patrick Garner and Peter Hingorani are present this evening. After receiving final approval from DPW for the sewer line location, a modification to the OOC is needed. The sewer line, with this approved modification, will be further away from the BVW The temporary basin is > 25' from the BVW and the pump house location is > 50' from the BVW On a motion by Mr. Masse, seconded by Mr. Mabon, the Commission voted unanimously to issue a Modification to the OOC referencing plans dated 2/5/99 Revised 3/8/99. 242-104 COC — Fellowship Bible Church (Atty Mark Johnson) This OOC was issued on December 4, 1980 authorizing construction of a bedroom parsonage with associated driveway and grading The church was relocated to Merrimack College for an office building. Cisco Drug occupies the site now and also has not received a COC Ms. Martin stated the OOC is old, not specific and her recommendation is for the Commission to issue a COC On a motion by Mr. Masse, seconded by Mr Mabon, the Commission voted unanimously to issue a Certificate of Compliance for DEP #242-104. 242-114 COC — Fellowship Bible Church/School (Atty Mark Johnson) This OOC was issued on April 3, 1981 authorizing construction of a classroom building with related site improvements. The church has been relocated to Merrimack College. Ms. Martin stated the OOC is old, not specific and her recommendation is for the Commission to issue a COC. On a motion by Mr Masse, seconded by Mr Mabon, the Commission voted unanimously to issue a Certificate of Compliance for DEP #242-114. 242-683 Discussion — Foxwood Detention Pond (Evergreen Management) Tom Mannetta and Tom Hurley are present this evening. John Chessia is looking for more information on where the water goes. Mr. Manzi and Ms. Martin stated they visited the site today and it needs to be cleaned. Mr. Lynch stated a revised hydraulic analysis of existing conditions needs to be done Mr Mansour made a motion, seconded by Mr. Mabon, to issue an Enforcement Order mandating a revised hydraulic analysis of existing conditions. The vote of the Commission was unanimous. Mr Manzi and Ms Martin want the applicant to investigate the presence of a black pipe that they have no idea about Public Hearings (8:00 p.m.) Request for Determination of Applicability 110 Russett Lane (Joseph Morra) Curro Construction Co, Inc. The applicant is in India and won't be back until April 8, 1999. We had to hold this hearing within 21 days of submittal The office is in receipt of a letter from Anthony Curro requesting a continuance until April 21, 1999. On a motion by Mr. Masse, seconded by Mr. Lynch, the Commission voted unanimously to grant the continuance until April 21, 1999. 2324 Turnpike Street, Rte 114 (A F Pacillo) West Environmental Mark West is present this evening looking for a Negative Determination of Applicability for this property Mr. Howard had recommendations prepared for the Commission's review and suggested the Commission issue a Negative Determination as the area is non-jurisdictional On a motion by Mr. Masse, seconded by Mr. Mansour, the Commission voted unanimously to issue a Negative Determination of Applicability for 2324 Turnpike Street 492 Sutton Street — U S Post Office (Dames & Moore) Two gentlemen are present this evening one from Dames & Moore and one from the Post Office The Commission members took a few moments to review the filing The U.S. Post Office will never own the land just the building and the development The Lawrence Municipal Airport owns the land and they are not exempt Mr Manzi stated that the Commission would require that the entire bylaw be incorporated into the filing There is the possibility that an ephemeral pool is present Mr Masse agrees with Mr Howard's recommendations that the applicant is not subject to the local bylaw. Mr Lynch wants an opinion from Town Counsel and Mr. Masse offered to facilitate that The applicant is requesting a continuance until the April 7, 1999 meeting On a motion by Mr. Lynch, seconded by Mr Mabon, the Commission voted unanimously to grant the continuance until April 7, 1999. Notice of Intent(s) 242-949 Sutton St Map 7511 (N E Storage Corp) Christiansen & Sergi cont fr 2117199 Gene Willis is present on behalf of Christiansen & Sergi asking for a continuance until the April 7, 1999 meeting. There are no abutters present. On a motion by Mr Masse, seconded by Mr. Mansour, the Commission voted unanimously to grant the continuance until the April 7, 1999 meeting. 242-945 Salem St, Map 65, Lot 14 (The Sanctuary) Merrimack Eng cont fr 2117199 John Soucy is present this evening and stated they are close to getting a clean bill of health from DPW and John Chessia and they will be meeting with DPW in a couple of days. The wall on lot 5 has been moved and one installed on lot 2 The detailed plan of the wall is currently being produced and they will have it soon. The question came up as to whether soil testing is necessary and the Commission stated to Mr. Soucy that if John Chessia recommends it then do it. Test pits would be acceptable on all lots. A planting plan will be submitted and Mr. Soucy stated that Mr Chessia thinks the detention pond isn't aesthetic. The Commission stated they are not concerned about aesthetics, just install the detention pond. Mr Soucy stated there aren't any decks on the plans. The applicant is requesting a continuance of four weeks until the April 21, 1999 meeting. On a motion by Mr. Masse, seconded by Mr. Mabon, the Commission voted unanimously to grant the continuance until April 21, 1999. 242-948 500 Great Pd Rd(No And Country Club) Dewsnap Eng cont fr 2117199 Paul Dewsnap and Richard Hornidge are present this evening. Mr. Dewsnap stated they plan to install a catch basin with a 3' sump and a hood at the outlet pipe. Mr. Lynch stated that as long as we now know where the water table is, the Planning Board now has jurisdiction On a motion by Mr. Masse, seconded by Mr. Mabon, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-953 2 Clark St (Lawrence Municipal Airport) King Air Charters cont fr 313199 Jeffrey Morrissette is present this evening and stated he met with the Planning Board and has a meeting scheduled with John Chessia this Friday. The applicant plans to relocate the gas and electric lines into the private drive and up, create an easement, test alarms and install exterior lighting They are waiting for a letter from the Fire Department The applicant is requesting a continuance until the April 21, 1999 in order to address some issues. On a motion by Mr. Masse, seconded by Mr. Mabon, the Commission voted unanimously to grant the request for a continuance until the April 21, 1999 meeting. 242-931 Lot 4N Berry Street (One Hundred Fourteen Trust) cont fr 313199 Patrick Garner and Peter Hingorani are present this evening Ms Martin stated that John Chessia's review is complete, there are no outstanding issues and she recommends the Commission close the public hearing and issue a decision within 21 days There are no abutters present this evening. On a motion by Mr Masse, seconded by Mr Mabon, the Commission voted unanimously to close the public hearing and issue a decision within 21 days. 242-951 492 Sutton Street (Dufresne-Henry) Lawrence Municipal Airport Richard Doucette, Mass Aeronautics and Randy Christiansen, Dufresne-Henry are present this evening. Proof of mailing was given to the Commission. Mr Manzi stated that this filing was mandated by an Enforcement Order due to a violation. Mr Manzi and Ms. Martin visited the site today and pointed out that in Section 2 of the NOI it describes what has occurred. At the direction of the Commission, Ms Martin read the list of violations that has occurred over the years at the airport. Mr. Lynch stated this shows clear, repeated violations. Mr. Doucette stated that Mass Aeronautics issued a grant to the airport to clear the vegetation. He agrees the violations are unfortunate and he will let the Airport Commission speak for themselves Some Commission members were concerned about exactly who did the violation and Mr. Doucette stated the airport maintenance staff did the violation Mr. Manzi expressed concern that since the airport has been before the Commission in the past, why now did they bypass the Commission and not tell us of the violation. Mr. Manzi stated he doesn't think this violation was an accident) The Commission agreed with this and Eileen Bernal, the chairman of the Airport Commission, spoke up and stated she is very upset at that statement and doesn't feel it is proper for a professional board to speak that way in public) Mr. Manzi replied that his intention was not to offend her, but he stands by what he said. Ms Bernal stated the safety ways are to be kept clear and in July the area does not look like a wetland Mr Lynch stated that someone underneath you in operation and maintenance is doing this on purpose! Ms Bernal is outraged at that idea. It was stated that all wetland areas at the airport will be delineated. Mr. Doucette stated he knows the history of the airport and doesn't think someone who drives a backhoe plows through wetland on purpose) Mr Manzi stated a violation notice was issued back to 12/29/98 for alteration of a wetland area and putting debris in the wetland. Mr. Masse asked who decided to do this work and then stated he has a problem that no one contacted Mr. Howard! Mr Masse further stated that this is a really significant violation and he's not too pleased. Mr. Doucette stated that this is part of the airport that no one goes to and the airport maintenance staff did it. Mr. Christiansen stated that 15' to 20' tall trees were cut and shrubs will be planted in the restoration area Mr. Manzi stated that when planes land there is no way they are anywhere near those treesi Mr Christiansen stated that wetland boundary areas are complete and biodegradable netting will be used. The restoration plan will begin by June 1, 1999 and it will be supervised. Mr. Manzi stated that an environmental monitor will be a sure thing and many reports will be necessary. Mr. Mansour asked who will be doing the work and Mr Christiansen stated the airport maintenance staff with direct oversight probably by him Mr Manzi stated the violation is under the Bylaw and not the Act. There are no abutters present this evening and Mr Masse made a motion to close the public hearing and issue a decision within 21 days. The motion was seconded by Mr. Lynch and unanimously voted by the Commission. Mr. Masse made a motion, seconded by Mr. Lynch, to ratify the enforcement order and fines. The vote of the Commission was unanimous 242-950 48 Paddock Lane (Mary Ellen Whalen) Merrimack Eng Services Bill Dufresne is present this evening and pointed out on the plan a 16' window area where the septic will be installed The system is 51' from the wetlands. There are no abutters present and Ms Martin stated no waivers are requested There is a violation consisting of yard waste in the No Disturbance Zone and Ms. Martin stated she will condition removal of this yard waste as a "Pre Construction" requirement. Ms. Martin has a draft decision prepared for later in the evening as the owners are closing on the property tomorrow and it is a health hazard There are no abutters present. 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. 242-952 240 Charles St, Map 75, Parcel 1 (GLSD) Camp, Dresser & McKee Proof of mailing was given to the Commission. Ms Martin stated that the Town of North Andover is a legal abutter and we received a notice stating the meeting was for 2/17/99 and to be held at Town Hall! The Commission discussed this and asked if there were any abutters present There are no abutters present and the Commission wonders if that is because the notice sent out gave the incorrect date and location of the meeting A copy of the NOI should be sent to Natural Heritage and they have thirty days to review Mr. Mansour pointed out that the names and parcel numbers on the abutters list do not match The applicant is requesting a continuance until the April 7, 1999 meeting. The applicant was told they must re- advertise and re-notify the abutters. On a motion by Mr. Masse, seconded by Mr Mansour, the Commission voted unanimously to grant the continuance until April 7, 1999 with the understanding that if the abutters are not notified properly the Commission will close and issue a decision within 21 days 242-954 Lot D Mill Road(J.T & C Construction Corp) New England Engineering Ben Osgood, Jr is present this evening and proof of mailing was given to the Commission. The proposed project is for the construction of a driveway, water line and landscape wall within the Buffer Zone of a BVW. The driveway is proposed > 25' from the wetland and the home will be constructed outside the Buffer Zone Mr. Osgood stated the main issue is siltation during construction and double staked hay bales with a silt fence is proposed. Hay bales will be installed every night across the driveway until it is paved Soil samples were done in the wetland and the slopes will be hay mulched It is an 11% to 12% slope Mr. Lynch stated he would like to see check dams done in the driveway. Mr. Osgood stated he would entertain constructing a stone filter berm and that this is they type of drainage ditch that is cleared by DPW with a permit. He doesn't classify it as a "wetland wetland." Mr. Lynch would like to see some sort of treatment swale. Mr Osgood stated they will mulch every night to stabilize and keep after the slopes. Ms. Martin recommends the Commission establish an escrow account and a vegetated analysis by Mr. Osgood is necessary. Also the wetland line needs to be reviewed. On a motion by Mr Masse, seconded by Mr. Lynch, the Commission voted unanimously to establish an escrow account in the amount of $1,000. The applicant is requesting a continuance until April 21, 1999. On a motion by Mr Mabon, seconded by Mr Mansour, the Commission voted unanimously to grant the continuance until April 21, 1999. Helen Kellner, 920 Turnpike Street, is present and stated she is very opposed to this plan and expressed concern regarding water and wetlands 242-955 Forest St Lots 81, 82 & 83 (Ralph Joyce) WPI, Inc Mr. Joyce is present this evening and proof of mailing was given to the Commission. Ms Martin stated to the Commission that she wrote a memo to the applicant rejecting his NOI submittal under the Bylaw Ms. Martin stated the application was woefully incomplete and he is still submitting information that should have been submitted originally As of yesterday, he was still dropping supplemental information off. In Ms Martin's memo she recommended that Mr. Joyce withdraw, but he would not! Ms. Martin recommends closing the public hearing and issue a decision within 21 days. Mr. Masse made a motion, seconded by Mr. Mabon, to close the public hearing and issue a decision in 21 days. Before a vote could be taken, Mr. Joyce interjected and was very upset) He claimed this was a big surprise to him, he thought that Curt Young cleared everything up with Ms Martin! Ms. Martin stated she faxed the same memo to Mr Young, he called, but was definitely told some issues were outstanding Mr Joyce stated in a very loud voice how distressed he was and began yelling that this is costing him money' He and Ms. Martin had a loud discussion over the incomplete submittal and finally he quieted down Mr. Joyce is requesting the Commission allow him to withdraw his application. The Commission allowed this. Decisions: 242-950 48 Paddock Lane (Mary Ellen Whalen) Merr►mack Eng Serv►ces Ms Martin had a draft Order of Conditions prepared for the Commission's review. On a motion by Mr. Masse, seconded by Mr. Lynch, the Commission voted unanimously to approve, as drafted, the Order of Conditions for DEP #242-950. 242-941 227 Berry Street (John Brunette) New England Eng►neer►ng Ms Martin had a draft Order of Conditions prepared for the Commission's review They reviewed and discussed the draft decision and on a motion by Mr. Mansour, seconded by Mr. Lynch, the Commission voted unanimously to approve, as amended this evening, the Order of Conditions for DEP #242-941 242-947 W►nter St, Br►dle Path, So Bradford St, T►mber Ln (Cuert►n) Ms Martin had a draft Order of Conditions prepared for the Commission's review. They reviewed and discussed the draft decision for some time and, on a motion by Mr Mansour, seconded by Mr Masse, the Commission voted unanimously to approve, as amended this evening, the Order of Conditions for DEP #242-947. Adjournment: On a motion by Mr. Mabon, seconded by Mr Lynch, the Commission voted unanimously to adjourn the meeting.