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HomeMy WebLinkAbout1999-05-19 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room May 19, 1999 Members Present. Albert P Manzi, Jr., Chairman, Scott Masse, Vice Chairman, Joseph Lynch, John Mabon and Deborah Feltovic. Beth Wescott arrived at 9:00 p.m. and Robert Mansour was absent. Staff Present• Richelle L Martin, Conservation Administrator, Brian LaGrasse, Conservation Associate and Karen A Fitzgibbons, Secretary Minutes: March 24, 1999 April 7, 1999 April 21, 1999 There were no minutes ready for approval this evening. General Business: 242-885 Forest View Subdivision Mod/Amendment Request (Mesita Dev) 242-893 Sewer Line Installation to Forest View Mod/Amendment Request (Mesita) Tom Laudani is present this evening representing Mesiti Development and stated he is requesting a Mod/Amendment to the Forest View Subdivision and sewer line installation to Forest View There was a meeting between some of the Commission members, DPW and the applicant where the issues were discussed and agreed upon On a motion by Mr. Masse, seconded by Mr Lynch, the Commission voted unanimously to accept, as drafted, the Amendment to the OOC for DEP file #242- 885 and 242-893. 242-784 Ratification to Second Amendment OOC Atty Howard Speicher is present this evening representing Abbott Village and Atty Joel Bard is present representing the Town. Mr Masse stated this is just a procedural mechanism to ratify the Abbott Village Subdivision second amendment to the OOC dated May 10, 1999. Atty Bard stated this action is to make the record clear, that the Commission is rescinding the OOC dated March 3, 1999 Mr. Masse made a motion, seconded by Ms. Feltovic, to ratify the second amendment to the OOC as proposed and drafted The vote of the Commission was unanimous. To make the record clear, Atty Bard stated the vote was to rescind the OOC and ratify the Amendment. 242-784 Discussion Abbott Village Sub (No Andover Land Corp) cont fr 4/21/99 i Atty. Speicher is present this evening and stated he was present about a month ago to discuss the cost of building a bridge across Thistle Road. Atty. Speicher stated Judge Kilborn was asked to nullify condition #15. The applicant's hired the firm of Fay, Spofford & Thorndike to prepare a cost breakdown of the bridge needed to service five lots. The cost breakdown showed the bridge to have a cost of $820,000 Atty. Speicher stated that in a document dated 5/18/99 the retail value of the lots is shown to be $170,000 each. After the expense of developing the lots there will be $86,000 left, if the bridge is not built. If the bridge is built it would leave the developer $70,000 in the red per lot. Atty. Speicher stated he feels the applicant has proven the bridge does not make economical sense If the Commission would like time to review the document and figures, the applicant will request a continuance Mr Manzi polled the Commission and they do not have any specific questions tonight and need time to review the document. The applicant is requesting a continuance until the June 2, 1999 meeting. On a motion by Mr. Masse, seconded by Mr. Lynch, the Commission voted unanimously to continue the public hearing until the June 2, 1999 meeting. 242-143 PCOC Lot #3, 5 VillageWay (Todd McCabe) Miraghotta Law Office An OOC was issued on April 7, 1982 authorizing construction of Village Way Subdivision, roadway, homes and necessary appurtenances. Ms. Martin stated the OOC is so old, this is more of an administrative issue. Brian did an inspection on May 18, 1999 and there are no violations on site The site is stabilized and Ms. Martin recommends the Commission issue a PCOC On a motion by Mr. Mabon, seconded by Mr. Lynch, the Commission voted unanimously to issue a PCOC for DEP #242-143. 242-792 Extension Permit Woodlea Village Subdivision (Carl Kasierski) Carl Kasierski is present this evening seeking an Extension to the OOC for Woodlea Village Mr. Kasierski stated the restoration area is complete in the cul-de-sac and the site will be stable. Ms. Martin stated she is satisfied with the conditions at Woodlea Village and recommends a one year extension until June 20, 2000 On a motion by Mr Masse, seconded by Ms. Feltovic, the Commission voted unanimously to allow a one year extension to the OOC for Woodlea Village to expire on June 20, 2000 Decisions: 242-956 Campbell Rd (West Env) Webster Woods Lane (aka Joanne Drive) Ms. Martin had a draft OOC prepared for the Commission members. On a motion by Mr. Lynch, seconded by Mr. Masse, the Commission voted unanimously to approve, as drafted, the OOC for DEP #242-956. Open Space & Trails Plan Ms. Martin read her memo addressed to the Open Space & Trails Committee which stated what they need to provide to the Commission at the meeting of July 21, 1999 Mr Manzi stated there is not a lot of progress being made with the two committees and he is looking for the Commission to ratify the memorandum which outlines the expectations of the Commission. Mr. Lynch stated he realizes there are good, well- intentioned people on the committees and he does not want to alienate them. Mr. Masse stated the Open Space Committee was created by the Commission and they seem to need direction from the Commission. Mr. Manzi stated there is a definite lack of direction and actually confrontations are taking place at some of their meetings Mr. Manzi stated we need people who are productive and can move things through government and are dedicated and who must provide a viable document and be useful to us. On a motion by Mr. Lynch, seconded by Mr. Masse, the Commission voted unanimously to ratify Ms. Martin's memorandum. At this time, the Commission welcomed Bran LaCrasse as the Conservation Associate Bran lives on Dale Street and stated he is looking forward to working with the Commission and Ms Martin The Commission members told him to seek out and bring violations forward Mr Lynch stated it is his feeling that the Commission should take firm action regarding the letter from the Town Manager to Atty Vanderpool regarding the Carter-Renshaw property Mr Lynch volunteered to draft a response to the letter, have the Commission members review it, and send copes to all the pertinent people involved Ms. Martin brought to the Commission's attention that an Enforcement Order was issued to Mr. Hongland Zhang regarding a deck he installed without a building permit or a permit from the Commission Mr. Zhang is to appear before the Commission at the June 2, 1999 meeting Mr Lynch made a motion, seconded by Mr. Mabon, to take a recess until 8:00 p m. The vote of the Commission was unanimous. Public Hearings (8:00 p.m.) Request for Determination of Applicability 60 Hillside Road, Map 98C, Lot 14 Joel Hohenberg cont from 5/5/99 Mr. Hohenberg is present and, as required at the last meeting, gave the Commission a signed letter from his contractor. Ms Martin stated she checked the original filing and the down gradient sump was designed to hold runoff from the perimeter drain and roof runoff. Ms Martin also stated she doesn't feel the stone wall is necessary, but doesn't think its presence will impact the wetland should the applicant go forward with its installation. Ms Martin does feel, however, that the erosion control should extend along the limit of work due to the nature of the paxton soils. Mr. Lynch reviewed the original filing and the calculations done on May 30, 1995 from Christiansen & Sergi are present. The perimeter and roof drains were never installed and the filing before the Commission actually brings the lot into compliance. Mr. Mabon stated the design looks adequate and the applicant showed pictures of the wall which he wants to continue One set of pictures are for the record file Mr Manzi read into the record a letter from the abutter at 65 Hillside Road expressing his concerns about water being deviated onto his property. Mr. Lynch stated those are the exact concerns raised at the old public hearing and is the reason why the sumps were necessary in the first place The sumps hold the water back. The applicant stated he has a claim in against the home builder! Mr Manzi stated the Commission could actually issue and Enforcement Order for the work to be done, Mr Hohenberg stated in heavy rains the soil runs off and that's why he wants to continue the stone wall. Mr. Mabon stated that vegetation prevents erosion also. The applicant stated that he attempted to install plantings, but since the area faces north everything died so he really needs the wall to prevent erosion. There were no more abutter comments. Ms. Martin stated the erosion control should be extended along the entire limit of work Mr Lynch made a motion, seconded by Ms. Feltovic, to issue a Negative Determination of Applicability with the following conditions 1. Applicant to schedule a pre-construction inspection with the Conservation Administrator and contractor. 2. Install trenched silt fence and double staked haybales along entire limit of work as revised in green on Plan of Record. 3. Stone wall to be constructed with no encroachment into the NoDisturbance Zone as originally approved under DEP #242-733. 4 Roof drain and perimeter drain to be installed as designed and approved under DEP #242-733. The vote of the Commission was 3-1-1 with Mr. Mabon opposing and Mr. Masse abstaining. Notice of Intent(s) 242-953 2 Clark St (Lawrence Municipal Airport) King Air Charters cont fr 4121199 Atty. Doug Deschenes is present this evening and stated he has not received a letter from John Chessia yet, but is sure he found nothing wrong! There are no abutters present and the applicant is requesting a continuance until the June 2, 1999 meeting On a motion by Mr Masse, seconded by Ms. Feltovic, the Commission voted unanimously to grant the continuance until the June 2, 1999 meeting 242-949 Sutton St Map 75/1 (N E Storage Corp) Christiansen & Sergi cont fr 4121199 Ms Martin stated that the Commission office is in receipt of John Chessia's comments dated May 14, 1999 and his review is not yet satisfied Mr Chessia is requiring more information be presented, but Mr. Christiansen does not agree with that request, is looking for some direction, and is ready to make a presentation this evening Mr. Christiansen updated the Commission regarding the proposed work. the property is located at the airport, four metal buildings are proposed two story and one story, the site is on sewer, the wetland line is accurate and shown on the plan and the stormwater calculations are done and accepted by the Commission. Mr. Christiansen stated that comments have been going back and forth between him and John Chessia The recharge calcs and where the flood zone is are in question. Mr Christiansen stated there is no flood zone and he wants the Commission to agree that he doesn't need to show the flood zone since there isn't anyl Also, Mr Christiansen stated the stormwater management standards don't make sense, they can only be done on "B" soils and only on a small amount of them. Mr. Christiansen also pointed out that perk tests should not be done for permeability results and it seems to him that a lot of John Chessia's comments are very insignificant Ms Martin was instructed by the Commission to get in touch with Mr. Chessia and clarify these comments Mr. Masse instructed Ms. Martin to contact Mr. Chessia, bypass Jason Loisselle, and instructed Mr. Chessia to handle the remainder of the project himself Mr. Manzi instructed Ms Martin to obtain an accounting of how much the applicant has spent thus far for the review, and he wants it in detail. On a motion by Mr Masse, seconded by Mr. Mabon, the Commission voted unanimously to continue the public hearing at the June 2, 1999 meeting. 242-945 Salem St, Map 65, Lot 14 (The Sanctuary) Merrimack Eng cont fr 5/5/99 John Soucy is present this evening requesting a continuance since John Chessia has not completed his review yet There are no abutters present. On a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to grant the continuance until the June 16, 1999 public hearing. It is 9:00 p.m. and Beth Wescott just arrived. 242-952 240 Charles St, Map 75 Parcel 1 (GLSD) CDM cont from 5/5/99 Mike Walsh and Mike Vissichelli are both present this evening along with Richard Hogan from GLSD Mr Walsh stated they had a site walk with Ms. Martin and Patrick Seekamp. The applicant has submitted a proposed revegetation plan and replication plan to Ms. Martin Mr. Lynch stated to the applicant that they must establish a containment plan: a gravity dump with a containment area and regarding the mulch biofilter, that needs to be periodically cleaned and you should establish how and when that material is contained Regarding the vegetation management plan, paragraph #4, Ms. Martin wants "early November" added to the plan, and on the wetland replication plan, paragraph #3 regarding the purple loosestrife, the applicant is proposing 400' of mitigation without any plantings. Ms. Martin asked the applicant if they would be willing to install any bird boxes. The applicant stated that would not be a problem. The applicant is requesting a continuance until June 2, 1999 On a motion by Mr Masse, seconded by Mr Mabon, the Commission voted unanimously to grant the continuance until the June 2, 1999 meeting. 242-958 10 Campbell Rd (MPG Realty Trust) West Environmental cont fr 5/5/99 Mark West is present this evening requesting the Commission allow his client to withdraw their application without prejudice. On a motion by Mr. Masse, seconded by Mr. Lynch, the Commission voted unanimously to allow the withdrawal without prejudice 242-961 326 Candlestick Rd(Scott & Marlene Bowman) Scott Giles cont fr 5/5/99 Mr Giles and Mr Bowman are both present. There are no abutters present. This was continued from the last meeting at the request of the applicant to see if he could reconfigure the size and style of the pool. Mr. Giles presented revised plans removing the concrete patio on the wetland side in an effort to pull the pool in as close as possible. The pool is now 38' from the wetland line! There is a proposed mitigation area for the waiver request. Mr. Manzi stated to the applicant the mitigation area would be better placed where the sandbox is. This was discussed for a while. Mr. Manzi recommended closing the public hearing and issuing a decision within 21 days. On a motion by Mr Masse, seconded by Ms. Feltovic, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-960 1270 Turnpike St (Greener Pastures) Neve Assoc cont from 5/5/99 The applicant is present requesting a continuance until the next meeting Henry Fink is the only abutter present On a motion by Mr. Masse, seconded by Ms. Feltovic, the Commission voted unanimously to grant the continuance request until June 2, 1999 242-962 162 Abbott St (Arthur Hanrahan) W C Cammett Engineering Fred Ford, Cammett Engineering, is present this evening along with the homeowners. Proof of mailing was given to the Commission. Mr. Ford stated the applicant is in the process of selling the house and needs to have the septic repaired. The Board of Health has approved the plans with waivers. The wetland boundary line is delineated and accurate per Ms Martin. The system itself will remain 51' from the edge of the wetland, but they will have to do minor grading in the No Disturbance Zone which is necessary for the replaced system. Ms. Martin is recommending the applicant plant 10 highbush blueberries. 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 242-122 433 Marbleridge Road (Richard Querci) West Environmental Mark West and Mr. Querci are both present this evening and proof of mailing was given to the Commission. The project is for an inground pool that meets both the 25' No Disturbance and 50' No Construction Zone. Ms. Martin stated the wetland line is accurate and there are no waiver requests. Mr. West has provided the Commission Office with a dewatering basin detail and location, and a note indicating where the pool chemicals will be stored. Ms. Martin has no further issues. The Commission wanted to close the public hearing and issue a decision within 21 days, but the lack of a DEP file number prevented them from doing so Mr Querci was quite upset regarding the lack of a DEP number holding up the issuance of a decision The process was explained to him, but he was quite irate! On a motion by Mr. Masse, seconded by Ms Feltovic, the Commission voted unanimously to continue the public hearing until June 2, 1999 Adjournment: On a motion by Mr. Masse, seconded by Ms Feltovic, the Commission voted unanimously to adjourn the meeting