Loading...
HomeMy WebLinkAbout1999-06-02 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room June 2, 1999 Members Present. Albert Manzi, Jr , Chairman, Scott Masse, Vice Chairman, Joseph Lynch, John Mabon, Deborah Feltovic and Robert Mansour. Beth Wescott 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 May 5, 1999 Approval of the minutes of March 24`h, April 7`h and April 21" was tabled until the next meeting. On a motion by Mr. Masse, seconded by Ms. Feltovic, the Commission voted unanimously to approve, as drafted, the minutes of May 5, 1999. General Business: 242-792 Environmental Monitor Report—Woodlea Village (Leah Basbanes) Leah Basbanes is present this evening for her monthly appearance before the Commission to give an update of Woodlea Village. Ms. Basbanes stated an Extension Permit was granted for one year and the cul-de-sac restoration has been completed The foundations have been poured for lots 7, 9 & 11 and need to be backfilled. As-builts have been done for lots 8, 9, 10 & 11 and Carl will drop them off at the office on Thursday Due to the rain, the silt fence has been cleaned up. The lumber has been delivered on lot 6 and construction will begin soon Ms. Basbanes stated the whole area looks good. The Commission lifted the Enforcement Order and told Ms. Basbanes she does not have to appear on a monthly basis anymore so long as the project proceeds without problems. She must, however, submit monthly status reports. 242-700 Enforcement Order 35 Peterson Road (Honglan Zhang) Mr. Zhang is present this evening Brian LaGrasse stated to the Commission that the office received an anonymous call on May 17`h informing them that an unauthorized deck was installed at 35 Peterson Road. Ms. Martin, Mr. LaGrasse and Mike McGuire visited the site and confirmed there was a deck present. An Enforcement Order was issued by Mr. LaGrasse mandating the deck be removed and the property owner appear before the Commission this evening. Mr. Zhang, his wife and Christian Boysen, from Land Solutions, were calling the office all week regarding the deck and Mr. LaGrasse handled the calls. Also, Mr & Mrs. Zhang were in the office a couple of times Mr. Zhang took the deck down today and Mr. LaGrasse took pictures late in the day verifying that Mr. Zhang appeared before the Commission on June 3, 1998 and the direction given to him at that time was "no deck." Mr. Zhang stated he was advised to look into a cantilevered deck, some neighbors gave him names of people willing to cantilever a deck. Mr Manzi stated to Mr. Zhang, you were before the Commission a year ago, your request was denied, you understood that correct? Mr. Zhang answered yes Mr Zhang did not apply for a building permit, he thought a cantilevered deck was ok. Mr. Masse stated it took you 16 days to get the deck down' Mr. Manzi stated he feels the unanimous denial was not ambiguous and after ordered to take the deck down it took you 16 days! Christian Boysen, Land Solutions, advised Mr Zhang not to take the deck down until he spoke to Brian LaGrasse. Mr. Zhang stated he spent a lot of money to build and then to remove the deck and he acknowledges he did the wrong thing. Mr. Masse made a motion, seconded by Mr. Lynch for discussion only, to issue a fine of $100 a day beginning May 17th and to end June 2"d for a total of $1600. Mr. Lynch stated if the intention here is to levy a fine he wants it in the record that the builder also did not get a permit and Mr. Zhang's advisor gave him information without reading over the regs, Mr. Lynch does not support the fine. Mr. Masse stated there was never any hardship shown to him Ms. Martin stated the contractor started the ball rolling by not getting a building permit Mr. Manzi stated this was no mistake—you knew. Mr Mansour made an amendment to the motion to reduce the bond to $50 a day and it was seconded by Ms. Feltovic The vote was 2 yes, 3 opposed and 1 abstained, therefore, Mr. Manzi had to vote and he voted to oppose, the motion failed. Mr. Lynch made a motion to set the fine at $25 a day, it was seconded by Ms. Feltovic and as the vote was 2-2-1 Mr. Manzi voted to oppose and the motion failed The vote was taken on the main motion made by Mr Masse to issue a fine of $100 a day beginning May 17th and to end June 2"d for a total of $1600, the vote was 2-2-1, Mr Manzi voted in favor changing the vote to 3-2-1 and it passed A non-criminal civil citation should be issued from the Conservation Office in the amount of $1600 Mr. Zhang stated he thinks the deck wasn't finished until the end of Mayl He was told he can appeal the citation Mr. Zhang stated this is a good lesson for me and I am a smart man and think a builder should be made to tell a buyer what the rules and regulations are and to help a resident understand better Mr. Mansour stated when you bought that house your lawyer was responsible for telling you! 242-784 Discussion Abbott Village Sub (No Andover Land Corp) cont fr 5/19/99 Mr. Masse stated that there is a letter requesting a continuance until June 16, 1999, as the two counsels are involved in productive talks. Mr. Masse made a motion, seconded by Ms. Feltovic, to grant the request for a continuance until the June 16, 1999 meeting. The vote of the Commission was unanimous. 242-392 COC Rocky Brook Estates 1 (Peter Breen) Ms Martin stated everything in this subdivision has received a PCOC including the roadway, replication area, homes, etc. with the exception of lot 18. Lot 18 had a violation of the No Disturbance Zone and No Construction Zone Peter had an Enforcement Order to complete plantings by June 1, 1999 and has planted an appropriate amount of blueberry shrubs and partridgeberry. The remaining bond amount is $500. Ms. Martin inspected the site and has no issues On a motion by Mr. Masse, seconded by Ms. Feltovic, the Commission voted unanimously to issue a Certificate of Compliance for DEP #242-392. 242-781 Ratification/Enforcement Order 40 Sugarcane Lane (J. Ducey) Ms. Martin stated an Enforcement Order was issued by Brian for Mr. Ducey to appear before the Commission on June 16, 1999 and it needs to be ratified by the Commission this evening Mr Martin stated they are in compliance with the no- disturbance zone. Mr. Manzi asked if they have been told to remove the patio and he was told "no, a COC was requested and that's when the patio was discovered. Mr. Lynch stated he is concerned about the time frame of the Enforcement Order. Mr. Masse suggested no action be taken on the ratification of the Enforcement Order and Mr. Ducey should appear before the Commission on July 7, 1999. The Commission directed Ms Martin to write a letter to Mr Ducey. 242-700 Ratification/Enforcement Order 35 Peterson Rd (Honglan Zhang) On a motion by Mr. Masse, seconded by Ms. Feltovic, the Commission voted unanimously to ratify the Enforcement Order issued to Mr. Zhang by Brian LaG rasse. 242-385 Ratification of Enforcement Order Lot 32 #66 Coventry Lane Ms Martin stated that Mr. Howard had been working with Peter Tedesco and Patrick Seekamp out at Coventry Lane regarding the detention pond. It needs to be reconstructed and Mr Howard had told them to do the work under an Enforcement Order and they are ready to begin tomorrow. Patrick Seekamp will be on site to supervise the work. The EO is before the Commission tonight for ratification The Commission discussed the situation for a while and Ms Martin stated a COC was already issued. The Commission wants to bee the file and more information before they ratify the EO Mr Masse made a motion, seconded by Mr. Mabon, to take no action and table for two weeks pending further review. The vote of the Commission was unanimous. Election of Officers On a motion by Mr. Mansour, seconded by Ms. Feltovic, the Commission voted unanimously for Albert P. Manzi, Jr to remain as chairman and Scott Masse to remain as vice chairman. Decisions: 242-962 162 Abbott Street (Arthur Hanrahan) W C Cammett Engineering Ms. Martin had a draft decision prepared for the Commission's review. There is a waiver request for grading only. On a motion by Mr Masse, seconded by Ms. Feltovic, the Commission voted unanimously to approve, as drafted, the Order of Conditions for 242-962 Public Hearings (8:00 p.m.) Request for Determination of Applicability There are no RDA filings this evening Notice of Intent(s) 242-954 Lot D Mill Road (J T & C Const. Corp) New England Eng cont fr 5/5/99 Ben Osgood, Jr. is present requesting a continuance until the July 7, 1999 meeting Mr. Mansour stated a month has gone by and now you are requesting another continuance, why? Mr. Osgood stated in order to do calcs it takes time because of the site and we've had to expand the area we need to look at. Mr. Masse stated that when Ms Martin spoke to John Chessia he hadn't received the NOI application yet! Mr. Osgood stated that at the first meeting we weren't even talking about a consultant and we'll have to send him the information and the change of design for the driveway and meet the mandate of zero net runoff On a motion by Mr. Mansour, seconded by Ms. Feltovic, the Commission voted unanimously to continue the public hearing until the July 7, 1999 meeting and the applicant was told they must re-advertise 242-959 Lot 4N Rte 114 east of Berry St (P H►ngorant) P Garner Co., cont fr 5/5/99 Ms. Martin stated a request for a continuance was received at the office. Peter Hingorani is present and stated he sent the NOI Federal Express today to John Chessia. On a motion by Mr. Masse, seconded by Ms Feltovic, the Commission voted unanimously to grant the continuance until the June 16, 1999 meeting. 242-949 Sutton St Map 75/1 (N E Storage Corp) Christiansen & Sergi con fr 5/19/99 Gene Willis is present this evening requesting a continuance There are no abutters present. Ms. Martin stated that Brian has checked the floodplain maps and they are not in a flood hazard zone. Ms. Martin spoke to John Chessia yesterday and he still hasn't received any new information regarding the test pits. Mr. Christiansen called Mr. LaGrasse today informing him that they were doing the testing today at 11 a.m. He requested Brian's presence, but Ms. Martin needed him to prepare for the meeting tonight and to check on a potential violation elsewhere. Ms. Martin spoke with John Chessia regarding the last letter produced by his office He informed her that anything referenced in his letters was in the regs and he must remain consistent in his reviews. He stated that the Commission may want to waive some of the requirements because they are not suitable to the site, but he is merely presenting the facts in comparison with the regs and must remain consistent. Ms Martin further stated that John Chessia was told to provide the office with an itemized bill of his review on the project. Mr. Chessia has not received any new information from Phil Christiansen, therefore, his review is not satisfied. The test pits are not done yet and when done the results must be submitted to John Chessia. Ms Martin stated that a continuance until the July 7, 1999 meeting would be appropriate. At the past couple of meetings it has become apparent that there seems to be a problem with how John Chessia writes his letters. Mr. Mansour stated that he feels that Christiansen & Sergi is dropping the ball, the representative they send to the meeting can't even answer the Commission's questions! Mr. Willis expressed regret that he could not answer the questions and apologized to the Commission Mr. Masse stated that if someone is not present to ask for a continuance, and answer questions, a request for a continuance should be denied) Mr. Willis stated he understands and will carry the message back to Christiansen & Sergi On a motion by Mr Mabon, seconded by Ms. Feltovic, the Commission voted unanimously to grant a continuance until the July 7, 1999 meeting. 242-952 240 Charles St, Map 75 Parcel 1 (GLSD) CDM cont fr 5/19/99 Mike Walsh from CDM is present this evening stating that John Chessia did not respond to his letter, his fax was down. Mr. Walsh doesn't feel there is anything seriously outstanding, but Mr. Chessia wants some modeling of drainage pits done Mr. Walsh does not feel that is necessary. There are some standards that Mr. Walsh feels are not necessary and he discussed these briefly with the Commission. Mr. Manzi stated the Commission wants to be clear with the applicant on how to instruct him, therefore, some discussion with Mr Chessia appears necessary On a motion by Mr Masse, seconded by Ms. Feltovic, the Commission voted unanimously to continue the public until the June 16, 1999 meeting. 242-960 1270 Turnpike St (Greener Pastures) Neve Assoc cont fr 5/19/99 Jim Bourgeois is present this evening and stated a number of items had to be dealt with since the last meeting. The dumpster has been removed from the buffer zone and the buffer zone has been adjusted. A 3' high post and rail fence is proposed The fourth item concerns bulk material cribs, but no decision has been made yet because they don't know what exactly they will sell Mr Bourgeois stated the Planning Board has a major problem with the pumping station along Route 114. His client didn't know about the station at the time of filing. The applicant is looking for a continuance until July 7, 1999. On a motion by Ms. Feltovic, seconded by Mr Masse, the Commission voted unanimously to grant the continuance until July 7, 1999 Henry Fink, the only abutter present, expressed that it was a good idea to continue 242-963 433 Marbleridge Rd(R►chard Queru) West Environmental cons fr 5/19/99 Mr. Querci is present this evening. At the last meeting the public hearing could not be closed due to the non issuance of a DEP file number The Commission Office now has that number and 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 242-953 2 Clark St (Lawrence Municipal Airport) King Air Charters cont fr 5119199 Jeffrey Morrissette and Atty Doug Deschenes are present this evening. Ms. Martin stated the review is done and the consultant is satisfied. There are no abutters present this evening 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 242-964 345 Berry Street (Daniel &leanmar►e Goudreault) Hancock Environmental Julie Parrino is present this evening with a proposal for a garage and breezeway. Ms. Parrino stated the lot is good sized, she will meet the 50', but will be close to the setback lines Ms Parrino delineated the wetland line and Mr LaGrasse is satisfied. There will be minor grading and a small outlet drain. The stockpiling area is on the plan. Soil borings were done, data sheets submitted. Mr. Mansour stated to Ms. Parrino that you are right on the 25' line are you sure you're correct? Ms. Parrino is sure It was recommended to Ms. Parrino that she rotate the driveway slightly to save a lot of problems On a motion by Mr Lynch, seconded by Mr Masse, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-957 Lots 23B & 24B Rocky Brook Road (TKO Development) Neve Assoc John Morin and Dave Kindred are present this evening, proof of mailing was given to the Commission. There are no abutters present. The proposal is for two homes off a common drive. The property is located at the intersection of Rocky Brook Road and Tanglewood on the right hand side. There was a legal problem and the project languished in land court for a while It was finally settled and the lot lines have been re-configured The proposed location is the most minimal way to go There will be 2 1 replication with a common drive The applicant is before the Planning Board for special permits The proposed homes are outside the 100' and the 25' no cut zone is met except at the beginning of the property Quite a bit of grading will need to be done A concrete culvert is proposed. Trying to span the project for a vernal pool would be expensive and the species would not get enough sunlight anyway The applicant is trying to minimize the impact by proposing only one driveway for two lots. Drainage calcs need to be provided in addition to the revised culvert design allowing sunlight through for the migration. Ms. Martin is satisfied with the replication area On a motion by Mr Masse, seconded by Ms. Feltovic, the Commission voted unanimously to continue the public hearing until June 16, 1999. Decisions: 242-961 326 Candlestick Rd(Scott & Marlene Bowman) Scott C►les Ms. Martin had a draft Order of Conditions prepared for the Commission's review. On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to approve, as drafted, the Order of Conditions for DEP #242-961. On a roll call vote, the Commission voted as follows to enter Executive Session for the purpose of discussing pending litigation with the Lawrence Municipal Airport. The vote was. Mr. Manzi yes Mr. Masse yes Mr. Mansour yes Ms. Feltovic yes Mr Lynch yes Mr. Mabon yes The Commission voted to exit Executive Session, re-convene in regular session and adjourn the meeting Adjournment: On a motion by Mr Mabon, seconded by Ms Feltovic, the Commission voted unanimously to adjourn the meeting.