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HomeMy WebLinkAbout1999-07-07 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room July 7, 1999 Members Present: Albert P. Manzi, Jr., Chairman, Scott Masse, Vice Chairman, Deborah Feltovic, John Mabon, Beth Wescott and Robert Mansour. Joseph Lynch, Jr was absent. Staff Present: Richelle L. Martin, Conservation Administrator and Brian LaGrasse, Conservation Associate. Karen A. Fitzgibbons, Secretary, was absent. The meeting was called to order at 7 00 p m. Minutes: May 19, 1999 June 2, 1999 June 2, 1999 ex sessions The above listed minutes were not ready for approval this evening. General Business: 242-839 COC 2 Clark Street (LMA) (King Air Charters, Inc.) An OOC was issued on November 6, 1996 authorizing construction of a bituminous concrete apron within the Buffer Zone of a BVW. A PCOC was issued on February 3, 1999, the only condition not met at that time was the stabilization of the lot. The Commission Office is in receipt of a letter from a P.E certifying compliance along with stamped as-builts Mr. LaGrasse inspected the property on June 30, 1999, the site is stable, he has no issues and recommends the Commission issue a COC. On a motion by Mr Masse, seconded by Mr. Mansour, the Commission voted unanimously to issue a COC for DEP #242-839. 242-863 COC 362 Berry Street (Elizabeth Poirier) (New England Eng) An OOC was issued on June 5, 1997 authorizing replacement of a failed septic system within the Buffer Zone of a BVW. The Commission Office is in receipt of a letter from a P.E. certifying compliance along with stamped as-builts. Mr LaGrasse inspected the property on July 7, 1999, the site is stable, he has no issues and recommends the Commission issue a COC. On a motion by Mr. Masse, seconded by Mr. Mansour, the Commission voted unanimously to issue a COC for DEP #242- 863. Decisions: 242-952 240 Charles St, Map 75 Parcel 1 (GLSD) CDM r Ms. Martin had a draft OOC prepared for the Commission's review On a motion by Mr. Masse, seconded by Ms. Feltovic, the Commission voted unanimously to approve, as drafted and amended this evening, the OOC for DEP #242-952 242-965 Lots 23B & 24B Rocky Brook Rd (TKO Dev) Neve Associates Ms Martin had a draft OOC 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 OOC for DEP #242-965. 242-959 Lot 4N Rte 114 east of Berry St (P. Hingorani) Patrick Garner Co. Ms. Martin had a draft OOC 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 OOC for DEP #242-959. Mr. LaGrasse gave the Commission an update on lot 2 Turnpike Street (242-881). He has issued a Cease and Desist with a $100 a day fine until the property is stabilized and cleaned up. He hand delivered the Enforcement Order to the site supervisor. It is now 7.40 p.m. and, on a roll call vote, the Commission voted as follows to enter Executive Session for the purpose of discussing fines. The Commission will re- enter regular session at the end of Executive Session. Public Hearings (8:00 p.m.) Request for Determination of Applicability There are no Request for Determinations this evening Notice of Intent(s) 242-954 Lot D Mill Road (J T & C Const Corp) New England Eng cost fr 612199 Mr. Osgood, Jr. was present and stated he faxed a letter requesting a withdrawal, without prejudice, and he will re-file on Friday Mr Masse made a motion, seconded by Ms Feltovic, to grant the request to withdraw, without prejudice. The vote of the Commission was unanimous. 242-949 Sutton St Map 7511 (N E Storage Corp) Christiansen & Sergi cont fr 612199 Phil Christiansen is present this evening stating the test pits have been completed, the water level is below the level of the detention pond. There is a letter from John Chessia recommending the Commission waive additional test pits and swale. There is no flood plain in the maps. Since Mr Chessia's review is complete, Ms. Martin recommends the Commission close the public hearing and issue a decision within 21 days. Mr. Masse made a motion, seconded by Ms Feltovic, to close the public hearing and issue a decision within 21 days The vote of the Commission was unanimous. 242-960 1270 Turnpike St (Greener Pastures) Neve Assoc. cont fr 612/99 Ms. Martin stated the Commission Office is in receipt of revised plans depicting and detailing the precast storage bins as requested by the Commission. The plans also depict the post and rail fence at 3' in height. The pump station is outside the Buffer Zone and the Buffer Zone is accurately depicted as requested by Ms. Martin The wetland line is accurately depicted The gravel parking lot will not require any grade changes, therefore, no increase in flow. The applicant is requesting the Commission close the public hearing. 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. 242-945 Salem St, Map 54, Lot 14 (The Sanctuary) Merrimack Eng cont fr 6/16/99 John Soucy is present this evening stating that the outstanding issues have been addressed. Ms Martin stated that John Chessia's review is complete and she has no outstanding issues left, therefore, she recommends the Commission close the public hearing and issue 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 242-968 740 Turnpike St (Atlantic Realty Trust) Merrimack Engineering Services This NOI is for construction of a commercial building, including a bank with drive up teller, associated earthwork, utilities, parking, driveway, drainage structures, wetland replication and restoration within the BVW boundaries and Riparian Zones to Mosquito Brook. The wetland lines were approved through a prior RDA. The applicant conducted an "Alternative Analysis" for the entranceway which resulted in the proposed location A gravel access roadway with a 30" RCP is existing at the entranceway proposed location. The proposed wetland filling is 2,013 sf, proposed replication area of 4,500 sf and 11,360 sf of restoration. The wetland replication report that was included with the NOI is acceptable to Ms. Martin. The site is a disturbed site and the applicant is requesting a waiver of the No Disturbance Zone and is proposing regrading and revegetation in the areas of previously placed fill. The No Construction Zone setback will be met. The dumpster is proposed within 50' of the BVW and needs to be relocated Ms. Martin stated the applicant should address and depict stockpile locations and dewatering. Snow removal needs to be addressed, there is no room on site. This filing needs to go out for review by Chessia and an escrow needs to be established. Tom Laudani is present this evening and proof of mailings were given to the Commission. There are no abutters present Mr Laudani stated the property is zoned commercial and is 170,000 s.f. The applicant has obtained a curb cut permit by Mass Highway to enter Route 114 J There are flood plain issues, the elevation is 236.1. 85% of impervious area is in the flood plain and the applicant will have a flood storage and storm drain management plan. Mr Laudani stated snow will be removed from the site. Ms Martin to give Mr. Laudani a list of items to address. On a motion by Mr. Masse, seconded by Ms Feltovic, the Commission voted unanimously to establish an escrow account in the amount of $3,000. Mr. Mabon made a motion, seconded by Mr. Mansour, to continue the public hearing until August 4, 1999. The vote of the Commission was unanimous. At this time, on a motion by Mr. Masse, seconded by Mr. Mansour, the Commission voted, on a roll call vote as follows, to enter Executive Session for the purpose of discussing outside consultant reviews and then to re-enter regular session. Ms Feltovic yes Ms Wescott yes Mr Masse yes Mr Manzi yes Mr. Mansour yes Mr. Mabon yes 242-967 777 Great Pond Road (Stephen Scully) This filing is for construction of a common gravel drive to service three homes with associated grading, utilities, driveways, sewer, etc. 30 lineas feet of Bank an dBVW alteration (317 s.f. permanent and 173 s.f. of temporary disturbance) is proposed with the wetland crossing. 807 s.f. of replicatton is proposed and the proposed planting plan (replication) that is included in the NOI is okay An "altervative analysis" was conducted and proved this location to be best as far as alteration. Bordering Land Subject to Flooding is proposed. The area of BLSF was not approved under the previous RDA and needs technical review. An escrow account needs to be established The homes are outside the 100' and the applicant is requesting a waiver of the No Disturbance Zone for the common drive, but no mitigation is proposed. William Bergeron, Hayes Engineering, is present this evening and proof of mailing was given to the Commission. Mr Bergeron stated the proposal is for a single driveway for lot 2 and a common drive for lots 3 and 4. Crushed stone driveways are proposed to reduce the impervious area. In front of the garages will be paver blocks. The Commission discussed establishing the escrow account and Mr. Bergeron waived the three bid process and stated he would like to use Coler & Colantonio. Mr Bergeron will provide the Commission with a 1" to 20' scale plan and is asking for a continuance until the July 21, 1999 meeting. On a motion by Mr. Masse, seconded by Mr Mabon, the Commission voted unanimously to establish an escrow account in the amount of $1500 Ann Messina, an abutter who owns lot 72A Winter Street, is present and stated she is in favor of the project On a motion by Ms Wescott, seconded by Ms. Feltovic, the Commission voted unanimously to grant the applicant's request for a continuance until the July 21, 1999 meeting. 242-966 351 Willow Street (Bake 'n Joy Foods) Neve Associates This NOI is proposing to construct an addition to an existing building and increase the parking within the Buffer Zone to BVW Jim Bourgeois is present this evening and gave proof of mailings to the Commission. There are no abutters present. Mr. Bourgeois stated the applicant may want to close in the proposed addition at some time in the future Construction of a dry loading dock area is proposed. Erosion control for the construction area and the catch basin is shown on the plan. Mr. Manzi stated he wants the wetland line delineated and a stormwater review done Mr Masse made a motion, seconded by Ms Feltovic, to establish an escrow account in the amount of $1,000 to delineate the wetland. The vote of the Commission was unanimous Mr. Bourgeois waived the three bid process and stated he would like to go with Patrick Seekamp for the wetland delineation. Mr. Masse made a motion, seconded by Ms. Feltovic, to establish an escrow account in the amount of $1,000 for stormwater analysis. The vote of the Commission was unanimous. Mr. Bourgeois waived the three bid process and stated he would like to go with Coler & Colantonio as the consultant. On a motion by Mr. Masse, seconded by Ms. Feltovic, the Commission voted unanimously to continue the public hearing at the August 4, 1999 meeting. 242-969 1212 Salem Street (Ted Hanley) (Hancock Environmental) Julie Parrino is present this evening and stated the applicant is proposing a 16 x 16 addition approximately 53' from the wetland. Ms. Martin stated the wetland delineation was confirmed by her in the field No waivers are requested and the addition meets the No Build Zone. The erosion control is > 25' from the BVW and Ms Martin stated she has no issues Not all the proof of mailings were available for the Commission, and the applicant will have them for the next public hearing On a motion by Mr. Masse, seconded by Ms. Feltovic, the Commission voted unanimously to continue the public hearing until the July 21, 1999 meeting 242-970 326 Candlestick Road (Scott & Marlene Bowman) This public hearing could not be opened due to an advertising error. 242-971 15 Forest Street (J. Cassell) New England Engineering Ben Osgood, Jr is present this evening stating the proposal is for a septic repair in the Buffer Zone to BVW. No waivers are requested and the delineation was approved in the field. Dumping will be addressed in the Order of Conditions. Limit of work is 43' and the septic system will be 70' from BVW and has received a waiver from the Board of Health. Ms. Martin recommends the Commission close the public hearing and issue 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. Adjournment: On a motion by Mr. Mansour, seconded by Ms. Feltovic, the Commission voted unanimously to adjourn the meeting