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HomeMy WebLinkAbout1999-05-05 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room May 5, 1999 Members Present Albert Manzi, Jr., Chairman, Joseph Lynch, John Mabon, Deborah Feltovic and Robert Mansour Beth Wescott and Scott Masse, Vice Chairman were absent. Staff Present: Richelle L. Martin, Conservation Agent and Karen A. Fitzgibbons, . Secretary. The meeting was called to order at 7 00 p m Minutes: March 24, 1999 April 7, 1999 April 21, 1999 No action was taken on the above listed minutes. General Business: 242-792 Environmental Monitor Report — Woodlea Village (Leah Basbanes) Leah Basbanes and Carl Kasierski are present this evening and Ms. Basbanes stated the driveway on lot 6 has been brought down to the proper grade. The restoration area is all ready to go when the plants come in. The silt fence has been replaced on lots 7 through 11 and the hay bales are in the proper place. The foundation has been poured on lots 8 and 10. The replication areas look good, the plants are thriving. Mr. Kasierski stated that when they were preparing to install the foundation on lot 8, there was a 2 foot discrepancy therefore, they "chomped off" A 2 foot section of the house and a 4 foot section of the garage in order to meet the 50'. Mr. Manzi stated we've had discrepancies in the past and wants to know if there is a problem in the design, a defect in the plan? Mr. Kasierski had a letter addressing the problems and stating how they have corrected them. Ms. Basbanes stated they have staked out the plans to be sure and seem to be catching everything. A foundation as-built will be available tomorrow on lots 8 and 10 and the applicant will deliver it to the Commission Office The OOC is due to expire on 6/20/99 and the applicant will be requesting an extension. Ms. Basbanes to appear at the June 2, 1999 meeting for another update. 242-887 COC 369 Salem Street (New England Engineering) Ben Osgood, Jr is present this evening with a letter requesting to withdraw his request for a COC and is asking instead for a bond reduction The erosion control is down and the area needs grass seed and fertilizer. On a motion by Mr Lynch, seconded by Mr Mabon, the Commission voted unanimously to reduce the bond by $700 Mr Mansour made an amended motion, seconded by Mr. Lynch, to release $500 because of dumping in the wetlands. The vote of the Commission was unanimous 242-863 Bond Reduction 362 Berry Street (New England Engineering) Ben Osgood, Jr. is present this evening requesting a bond reduction. The project was constructed last summer, loamed, raked and ready to be hydroseeded. The applicant is requesting $1,000 back, the erosion control is still in place and working. The as-built reflects the correct lot lines per Ben. The lot lines on the design plans were not correct, but they have been corrected on the as-built plans per Ben, Jr Mr Manzi stated the area hasn't been hydroseeded yet. Mr. Mansour made a motion, seconded by Mr. Lynch, to deny the bond reduction until the property has been hydroseeded The vote of the Commission was unanimous. 242-696 COC Great Pond Rd & Marbleridge Rd (Evergreen Management Corp) Geoff Andrews and Tom Hurley are present this evening Ms. Martin stated she was waiting for water quality analysis which the applicant has given to her. Mr. Andrews stated there is no difference in the post construction analysis and the samples were from three locations The remaining bond is $6,000 On a motion by Mr Mansour, seconded by Mr Lynch, the Commission voted unanimously to issue a COC for DEP #242-696 Appropriation of remaining Wetland Filing Fee Funds Mr. Manzi stated he requested this item be placed on the agenda. The Town Manager has not signed the Conservation Associate's contract as of this date. Ms. Martin stated there is currently $4,525 available in the filing fee account and she is asking the Commission to encumber all of it referencing this breakdown: • $3,361.78 for the Conservation Associate position • $1,163.22 for Bylaws to be printed, MACC annual dues and misc. supplies Mr. Lynch made a motion, seconded by Ms Feltovic, to encumber the funds as requested The vote of the Commission was unanimous. Mr. Lynch made a motion, seconded by Mr. Mansour, to recess until 8.00 p.m. Public Hearings (8:00 p.m.) Request for Determination of Applicability 60 Hillside Road, Map 98C, Lot 14, Joel E Hohenberg Mr. Hohenberg is present this evening to discuss his resolution to the drainage problems on his property. His proposal is to built a boulder wall along the grass area in order to retain the soil. The drainage will run behind the wall. By using a boulder wall no foundation will be necessary. He is trying to eliminate soil erosion and wants to keep everything looking as is. The work will be done underground, covered with loam and seeding. Mr Manzi asked if he had a contractor, he does, and his name if Riefel Trucking who does this kind of work with light weight equipment. Mr. Manzi stated the Commission is familiar with the house, site and the soils. They are Paxton soils, very easily moved and eroded. Mr. Hohenberg stated his proposal is to take the water from the downspouts, sump and direct it under Hillside Road into the culvert. Mr. Manzi stated the location of the sump is to keep soils away from your neighbors yard. Mr. Lynch complimented the applicant on his plan stating that it is very good for a layman, but there is an issue with the house placement and the land was hotly discussed when the house was built. The landscaped wall is very close to the no-disturbance zone. Mr. Manzi expressed concern that the sump has the ability to handle the water the applicant proposes to put in it. The Commission is very concerned about this, and the grounds ability to absorb the water Mr Hohenberg stated he has lived in the house for 2 years, the Town gave an occupancy permit for it. The as-built does not show a foundation drain Mr Lynch stated he recollects the upper part of the yard is impervious and he would like to look at the older file to see if the calculations are there Mr Hohenberg stated with heavy rains the soil will wash away. Steve Jones, 75 Hillside Road, stated the culvert is behind his property and he does not want Joel's water problems, he has his owns He has wet land behind his house and water seeping into his basement. He doesn't feel it's right to give away someone's water problem to a neighbor! Mr Mabon wants a sketch of the boulder wall. There is no sketch, but it's in the narrative. Phil Busby, Hillside Road, stated there are 2 watersheds in the area one to the Shawsheen River and one to the Ipswich River. In his opinion it would take a hydrolic man to come to a decision regarding this filing Mr Busby went on to say that in 1953 he built a pond on his property, there were 5 springs present then and there still are! Mr Busby is a certified arborist and is concerned about possible contamination of his pond and named the wildlife he sees there on a daily basis. Mr. Hohenberg stated he planted about 100 trees trying to hold the water. Mr. Mansour expressed concern about the increase in water into the sump and where is it going? There is a lot of information here for an RDA and the Commission stated it may need an engineer or a hydrologist to review the filing. Mr. Manzi asked the Commission if the applicant were to provide the information from a hydrologist would the Commission be satisfied with an RDA? Mr. Mansour questioned whether the Commission could do that? Mr. Lynch stated he thinks the application is appropriate. The Commission stated they need more information before going any further and they would like to review the original filing on the house. Mr. Mabon stated to the applicant he wants the size of the stones in diameter and a picture would be good also. The Commission wants a signed copy from Riefel Trucking stating they will be responsible. On a motion by Mr. Mansour, seconded by Mr. Lynch, the Commission voted unanimously to continue the public hearing until May 19, 1999. 1160 Great Pond Rd (Brooks School) Rist-Frost-Shumway Engineering John Scott, Mike Farnola and Bruce Wallin are present this evening Mr. Scott stated that Brooks School is planning a significant building program over the next few years They are proposing a campus center project, dining hall, athletic facility, maintenance facility, manual training building and replacement of electric and telephone underground. This will all take place in the next five years. The wetland line has been confirmed and is accurate per Ms. Martin. No work is proposed within 100"except for electric and telephone to be placed underground. The utilities lines come from the service road off Great Pond Road and will be placed underground. The campus drains in three directions. A detention area needs to be built and the applicant is asking the Commission to allow them to construct a detention pond later in the construction schedule. Mr Mansour is not quite convinced about when to construct the detention pond, but will defer to Mr Lynch Mr. Manzi, Ms. Feltovic and Mr. Mabon stated they have no problem allowing the detention pond to be built later in the construction sequence and expect the applicant to be back with a Notice of Intent filing. There are no abutters present this evening. Ms. Martin stated she wants erosion control information and a pre- construction meeting with her. On a motion by Mr. Lynch, seconded by Ms. Feltovic, the Commission voted unanimously to issue a Negative Determination of Applicability for the purpose of installing the underground utilities and the applicant is to. 1 Submit revised plan with wetland flags depicted. 2 Erosion control (trenched silt fence and double staked haybales) to be installed at Conservation Administrator's direction. 3 Schedule a pre-construction inspection with the Conservation Administrator. On a motion by Mr. Lynch, seconded by Ms Feltovic, the Commission voted unanimously to issue a Positive Determination of Applicability for the constructton of a detention pond, re-direct water from the campus center and all wetland areas indicated on plans dated April 1, 1999 to be revised with flag numbers. Notice of Intent(s) 242-945 Salem St, Map 65, Lot 14 (The Sanctuary) Merr►mack Eng cont fr 4121199 John Soucy is present this evening requesting a continuance due to the fact that John Chessia has not had time to review the revised plans yet. There are no abutters present. The Commission discussed whether they will continue or close and stated to the applicant that if they continue it will be the last continuance! On a motion by Mr. Lynch, seconded by Ms. Feltovic, the Commission voted unanimously to continue the public hearing until the May 19, 1999 meeting 242-954 Lot D Mill Road (J T. & C. Const. Corp) New England Eng cont fr 4121199 Ben Osgood, Jr. and Joe Contralto are present this evening and Mr. Osgood gave out revised plans depicting the mitigation of the runoff of sand and salt. They have adjusted the lineup of the driveway to install three catch basins along the side of the driveway and a 10' x 18' grass Swale also to slowdown the water flow. Mr. Manzi inquired if cascade basins would be appropriate. Mr Osgood stated he did think of that, but went no further with the idea Mr. Manzi expressed concern about protecting the property across the street during heavy, gully washing rains. Mr. Lynch stated we probably can't and Mr Manzi stated in heavy rain the driveway will act as a funnel. Mr Mansour stated the Commission needs calculations to back this up Mr Osgood stated that typically we don't do calculations on a single home lot. Mr. Mansour stated this is a non-typical lot. The Commission pointed out the revised plans are dated today and no one has had a chance to review them. The Commission stated that third party review is needed. Mr. Osgood will provide the Commission with zero post runoff and attenuate pollution On a motion by Ms. Feltovic, seconded by Mr. Mabon, the Commission voted unanimously to establish an escrow account, for third party review, in the amount of $1,000. The Commission stated to the applicant they are looking for zero post runoff and pollution attenuation is to be achieved. Also, the applicant was told the sooner the escrow is established the sooner the review can begin Helen Kellner, an abutter, is present and stated she is concerned about runoff and water ending up on her property. The Commission assured her they were concerned also, that's why a third party review is necessary. The applicant is requesting a continuance until the June 2, 1999 meeting. On a motion by Mr. Lynch, seconded by Ms. Feltovic, the Commission voted unanimously to grant the continuance until the June 2, 1999 meeting 242-952 240 Charles St, Map 75 Parcel 1 (GLSD) CDM cont from 4121199 Richard Hogan is present this evening and Ms. Martin read a letter from CDM requesting a continuance until the May 19, 1999 meeting On a motion by Mr. Mabon, seconded by Ms. Feltovic, the Commission voted unanimously to grant the request for a continuance until the May 19, 1999 meeting. 242-956 Campbell Rd (West Env) Webster Wds Ln (aka Joanne Dr) cont fr 4121199 Mark West is present this evening and stated that revised plans were given to the Commission Office on Monday They have relocated the silt fence on the down side of the stone wall and flags UU16 to 11 have been shown on the plans. Test pits and a detail of the stone wall are also depicted. Decks have been added on lots 8A and 9 Foundation drains are on the plans. Ms Martin has no further issues. On a motion by Mr Lynch, seconded by Ms. Feltovic, the Commission voted unanimously to close the public hearing and issue a decision within 21 days. 242-958 10 Campbell Rd (MPG Realty Corp) West Environmental cont fr 4121199 Mark West is present and requesting a continuance until the May 19, 1999 meeting. There are no abutters present Mr Manzi stated he understands there is some back and forth going on with the engineers, but the Commission will not be a part of it! Mr. Lynch made a motion, seconded by Mr. Mabon, to close the public hearing and issue a decision within 21 days The vote of the Commission was unanimous. 242-961 326 Candlestick Road (Scott & Marlene Bowman) Scott Giles Scott Giles and Scott Bowman are present this evening. Proof of mailings were submitted to the Commission Office previously. The application is for a 17' x 37' inground pool with a concrete apron within the limits of the backyard. Mr. Giles stated the house was built around 1996 and Julie Parrino did the delineation. Ms. Martin is in agreement with the flag line. Mr Manzi stated this is substantially in the no-build zone and the Commission agreed. Mr. Mabon stated we have to stand firm on this! Mr Mansour stated we don't allow decks in the 50' The septic system is in the front of the house Mr. Manzi stated the problem is precedent setting, the Commission just does not approve these filings and expressed concern that Mr. Giles would bring it forward. Mr Giles stated that in the NOI application there is a waiver request form) Mr Bowman stated he is willing to let the concrete apron go on one side. The Commission discussed and reviewed the plan for a few minutes and Mr. Mansour suggested the applicant look at a different shape pool. The applicant requested a continuance until the May 19, 1999 meeting. On a motion by Mr. Lynch, seconded by Ms Feltovic, the Commission voted unanimously to continue the public hearing until May 19, 1999 242-960 1270 Turnpike St (Mark Walter dba Greener Pastures) Neve Associates Jim Bourgeois is present this evening and proof of mailings were given to the Commission. Mr Bourgeois stated that Mr. Walter will lease the land from Mr. Dunn of Boston Hill and they will sell nursery plants, small sheds and gazebos. Also, they are proposing a small structure to be used as a business office. The site is open and wooded around the perimeter. There will be minimal disturbance to the site and the proposed business office will have sewer service. There are no waiver requests. Mr. Bourgeois mentioned the fact that the sewer station will be moved and Mr. Manzi stated that the Commission has not seen the modification plan to move the sewer station The stockpiling area is at the 25' no-disturbance zone. Mr. Lynch stated he would want the products to be cribbed'with a concrete pad and walls to prevent them from "leaching" into the no-disturbance zone Mr. Mansour stated that is a good idea, but there are no structures allowed in the 50' Mr. Manzi suggested that maybe concrete barrier blocks is the answer. Mr. Mansour stated that along the 25' no disturbance zone there should be a barrier so no encroachment is possible Ms. Martin told the applicant with the isolated wetland you need to show the 25', 50' and 100' buffer zone. The dumpster must stay 100' from the wetland lien. Henry Fink is present and stated he is a direct abutter, was in the Commission office today for 1 1/2 hours reviewing the plan and there is a discrepancy of where the pump station should go! Henry stated he called some attorneys and there should be a copy of the lease agreement in the filing The Commission stated that that has nothing to do with this filing and the the Commission has no jurisdiction. Mr Lynch stated to the applicant they need screening and fencing around the area, a line with the isolated wetland is needed, jersey baracades and a new dumpster location. On a motion by Mr Lynch, seconded by Ms. Feltovic, the Commission voted unanimously to continue the public hearing until May 19, 1999. 242-2?? Lot 4N Rte 114, east of Berry St, (P Hingoran►) Patrick Garner Co, Inc Peter Hingorani and Patrick Garner are present and proof of mailings were given to the Commission Mr Garner stated the proposal is for 7 building, 14 duplex units. The impervious area has been cut down by 30% and there will be two infiltration areas. Mr. Garner stated that John Chessia is very familiar with the area since an OOC was previously issued on the property No waivers are being requested and the property will be on Town water and sewer. Subsurface infiltrators are proposed. Mr. Lynch stated the Commission needs to know who will maintain the infiltrators. Mr. Garner stated they anticipate the homes being sold as condos. On a motion by Mr. Lynch, seconded by Ms Feltovic, the Commission voted unanimously to establish an escrow account in the amount of $1,000. On a motion by Ms. Feltovic, seconded by Mr Mabon, the Commission voted unanimously to continue the public hearing at the June 2, 1999 meeting. Decisions: There are no decisions due this evening Adjournment: On a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to adjourn the meeting