Loading...
HomeMy WebLinkAbout1999-09-01 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room September 1, 1999 Members Present: Albert P Manzi, Jr, Chairman, Scott Masse, Vice Chairman, John Mabon, Joseph Lynch, Beth Wescott, Deborah Feltovic and Robert Mansour. Staff Present: Richelle L. Martin, Conservation Administrator, Brian LaGrasse, Conservation Associate and Karen A Fitzgibbons, Secretary Minutes: May 19, 1999 June 2 & June 16, 1999& ex sessions July 7, 1999& executive sessions July 21, 1999 & executive session August 4, 1999 On a motion by Mr Masse, seconded by Ms Wescott, the Commission voted unammously to approve, as drafted and amended,the above listed minutes General Business: 242-820 Modification to OOC Lots 1 & 5 Salem Forest IV(Coolidge Const) J McGarry This item was continued from the last meeting because of a discrepancy in the lot numbers which has since been cleared up The changes did not result in a waiver request and on a motion by Mr Mabon, seconded by Ms Feltovic,the Commission voted unanimously to issue the Modification to DEP #242-820 242-820 Bond Release— Salem Forest IV(Coolidge Const) John McGarry Mr. McGarry is present this evening asking the Commission to release $9,000 since the road to finish grade is done now Brian stated the road is not all paved, 200 to 300' out of 800' still needs to be done There was some discussion about hazmat. Mr Lynch stated the impacts of an oil release can effect not only the jurisdiction area. Mr Manzi expressed concern about a hard rain and the impacts The balance of unpaved road has impacts to the catch basins Ms Martin stated the replication area is coming along nicely Mr Mansour asked when the road will be completely paved and Mr McGarry stated in about a year Mr Lynch made a motion, seconded by Mr. Masse,to deny the request for a bond reduction The vote of the Commission was unanimous 242-574 COC Lot 7A 240 Candlestick Road(James Grifom) An OOC was issued on 5/15/92 authorizing construction of a single family dwelling within the Buffer Zone of a BVW and BLSF The bond was $5,000 and was posted on 11/24/92 $3,000 was released on 12/15/93. The $2,000 bond was returned by Mr. Grifoni 20 Highbush blueberry plants were planted for compensation of a 7' encroachment The site is stable, the office is in receipt of a letter from a P.E. and stamped as-builts that also include the new plantings Brian visited the site on 9/l/99, there are no violations and he has no issues Mr Grifom and Phil Christiansen are present this evening and there is some concern regarding a date on the plan of record. Ms Martin is to repair the date and mark the plan"the plan of record" and Mr Christiansen will initial the change of date on the record plan A question arose regarding a line on the plan of the 50' no construction zone being moot and Mr Christiansen will cross will cross off and initial that also Mr Lynch made a motion, seconded by Ms Wescott,to issue a COC Mr Masse wanted it stated for the record that it is not the policy of the Commission to change the plan of record Mr. Masse added an amendment to the motion that the COC will be issued pending the ratification of the Enforcement Order and "letter of stipulation"being executed and the settlement proceeds are handed over to the Commission Ms Feltovic seconded the amended motion and the vote of the Commission was unanimous to issue the COC The bond money to be released is $2,399 59 242-935 Minor Modification 69 So Bradford Street(Cuscia) Hancock Env Ms Parrino is present this evening and stated the proposed stairs are now on the plan along with the 12' x 19' deck Mr Lynch stated it looks very close on the plan Ms. Martin to keep an eye on the 50' line Ms Parrino will take the message back to the homeowners that it cannot be closer than 50' Mr Lynch made a motion, seconded by Ms Feltovic, to issue a minor modification to DEP#242-935 The vote of the Commission was unanimous 242-840 Partial Bond Release—Lot 1A Rocky Brook Rd(Ogunqurt Homes) S Breen An OOC was issued on 2/21/97 authorizing the construction of a single family dwelling, driveway, septic tank, soil absorption system,utilities and re-grading within the Buffer Zone of a BVW The house is complete and the driveway was just paved The Town is holding $5,000 in bond money and the applicant is looking for$3,000 to be released. On a motion by Mr. Lynch, seconded by Ms Feltovic, the Commission voted unanimously to release $3,000 to the applicant 242-829 Extension to OOC Holt Road Landfill (Mike Rostkowski) An OOC was issued on 10/17/96 authorizing a LIMITED PROJECT—Phase I closure of Holt Road Landfill including side slopes and construction in 1997 Phase II allows for soil placement on top of the landfill in 1998, 1999 and possibly 2000 (final closure) The OOC expires 10/17/99 and the project will not be complete by then,hence the request for an extension. Mike Rostkowski is present this evening On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to issue an Extension Permit for one year to expire October 17, 2000 242-951 Amendment to OOC Lawrence Municipal Airport(Randy Christiansen) Randy Christiansen is present this evening requesting an Amendment to the OOC for the Lawrence Municipal Airport Mr Christiansen stated it is taking longer to secure the bond than originally thought Ms Martin stated the only remaining issue is the bond. Mr Masse stated that according to Tom Urbelis Carol McGravey was supposed to have the bond to Ms Martin by yesterday It will be a bonding authority bond Randy stated the stock is all set to go at the airport and he and two airport personnel will be doing the work and they are looking for an extension until 9/30/99 Ms Wescott concerned that the work still hasn't started and we're running out of growing time Mr Masse is satisfied that the bond will be coming so he suggests giving them the 30 days Mr Masse made a motion to accept as an amendment to the OOC an extension of the completion date from 8/30/99 to 9/30/99 contingent upon a satisfactory bond being in place by 9/14/99, Randy appearing before the Commission and the Commission not waiving any ability to fine $100 a day The motion was seconded by Ms Feltovic, and the vote of the Commission was unanimous Ratification of Enforcement Order—Wildrose Drive (B LaGrasse) The Commission ratified the Enforcement Order issued to Toll Brotheres. Ratification of Enforcement Order—20 Abbott Street This Enforcement Order is for an additional violation at the property for the construction of a brick patio without authorization Mr Manzi gave a brief summary of the violations that have taken place on the property over some time Mr Lynch asked if the fines were running and was told "yes, since 8/13/99,the applicant had 14 months of leniency before he is being fined" On a motion by Mr Masse, seconded by Ms. Feltovic, the Commission voted unanimously to ratify the Enforcement Order Public Hearings (8:00 p.m.) Request for Determination of Applicability 230 Abbott Street Map 38, Lot 108 (Manoj Munjal)N E Eng Cont fr 8118199 Mr Manzi read a letter from Ben Osgood, Jr requesting that he be heard later in the evening due to a conflict in public hearings The request was granted 675 Chickering Road(No Andover High School) Richard Kaminski &Assoc, Inc Joseph Cushing and Ken DiNisco are present this evening Mr DiNisco stated the purpose of appearing before the Commission tonight is to confirm the wetland line and be prepared for the future in the event a new high school is built There is no work proposed at this time Ms Martin stated the line includes the floodplain as determined by FEMA Brian and Ms Martin walked the site last week and made several changes to the line The office is in receipt of revised plans reflecting the field changes and has no issues She recommends issuing a positive determination referencing the plans dated 8/18/99, rev 9/1/99 sheet 3 of 5only Mr Cushing stated the wetland line is close to the access road, the 100 year flood plain is easy—Cochichewick Brook is at elevation 96 so there are no impacts to the floodplain There is no wildlife habitat problem anymore(the beavers) Mr. Lynch stated the embankment is very well defined Mr Lynch made a motion, seconded by Ms Feltovic, to issue a Positive Determination of Applicability that the BV W is identified by flagging,the floodplain established by FIR maps,northerly and easterly limit be defined by elevation 95 or top of bank, whichever is higher. The vote of the Commission was unanimous Notice of Intent(s) 242-968 740 Turnpike St(Atlantic Realty Trust) Merr Eng cont fr 8118199 John Soucy is present this evening requesting a continuance until the 9/15/99 meeting Ms Martin stated she is in contact with John Chessia and the project is moving forward Mr Soucy was told an Operation& Maintenance Plan must be received and bulletproof it must be On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to grant the applicant's request for a continuance until the 9/15/99 meeting 242-979 Map 105C/Parcel 9 next to 501 Boxford St (M Pouliot-Coulouras)fr 8118199 Mike Rosati is present this evening and proof of mailings were given to the Commission. The project is a five acre parcel located off of Boxford Street just past Duncan Drive It is a single family home with a septic system and BVW surrounds the upland area The septic is beyond the 100' and the proposed dwelling is outside the 50' The garage will be under the house The septic is already approved and the delineation accurate The driveway is within 50' so a waiver will be necessary It will be a paved driveway,the lot is all woods presently Mr Lynch expressed concern about snow plowing Mr Rosati submitted an alternative analysis in the NOI application It was suggested a garage be done at the berm instead of under the house Mr Rosati stated that is much more expensive for the homeowner There has been no determination from Natural Heritage yet Ms Martin suggested a deck be shown on the plans now to avoid a modification later A grading easement will be necessary The applicant is requesting a continuance until the 9/15/99 meeting A treatment swale will be necessary and the applicant must provide some mitigation The applicant was told the plans must be in 7 days for abutter review Along the No-Disturbance Zone a permanent barrier will be necessary. There are no abutters present On a motion by Mr. Mansour, seconded by Ms Feltovic,the Commission voted unanimously to continue the public hearing, at the applicant's request, until 9/15/99 242-973 Lot D Mill Road(J T & C Const Corp) N E Eng cont fr 8118199 Discussion of this item was tabled until later in the evening 242-983 Map #65, Parcel#22 Summer and Salem St(Messner Brem Corp) This NOI is for the construction of a single family home, grading, appurtenances, etc within the Buffer Zone to a Bordering Vegetated Wetland The wetland line as shown is accurate and has been confirmed in the field by Brian and Ms Martin The home will be on town sewer and there are no waiver requests. The lot was created before August 1, 1996, thus grandfathering it from the Riverfront Act. Ms Martin stated she has asked for proof of the lot's creation to show Heidi, the new Town planner,for confirmation. The foundation drain is not shown on the plans and needs to be Keith Murray, Meisner Brem, is present this evening and gave the Commission proof of mailings Mr Murray stated that the project is a single family dwelling with associated utilities,no work except grading will be done in the 50' No Construction Zone. A deck is shown on the plan Mosquito Brook is 172 feet away and they will comply with the Rivers Act The water main is existing,they will extend the sewer manhole Revised plans were presented tonight and the applicant was told they will respectfully be rejected until a later date The Commission expressed concern about de-watering A foundation drain will need to be added to the plan Mr Murray stated the client may want to do an addition in the future and he was told if the OOC runs out before the addition is built the applicant will need to refile The phone service will be overhead Mr Murray was told the best deterrent is a free standing,dry set stone wall An abutter expressed concern about high water The applicant is requesting a continuance until 9/15/99 On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to grant the applicant's request and continue the public hearing at the 9/15/99 meeting 242-???Lot 7 Chestnut Street (Ralph Joyce) Wetlands Preservation Martha Rheinhardt is present from WPI and proof of mailings were given A letter from the applicant was received requesting a continuance until the 9/15/99 meeting. Mr Lynch expressed concern that what could the applicant possibly ad? Ms. Rheinhardt stated that the wrong site plan was submitted by accident and didn't want to submit them tonight Mr Masse made a motion, seconded by Ms Feltovic,to continue the public hearing until the 9/15/99 meeting As of this date, no DEP number has been issued. 242-???Lot 8 Chestnut Street(Ralph Joyce) Wetlands Preservation Martha Rheinhardt is present from WPI and proof of mailings were given The proposal is for a single family home with Town water and sewer. A small portion of the work will be in the Buffer Zone,but the house will be outside the Buffer Zone There will be 1378 sf of disturbance Ms Rheinhardt stated the plan from Woodlea Village was used and Mr Mansour pointed out the date and reference of plan is pertinent to the filing Ms Rheinhardt will provide the correct reference from the Woodlea plan. The elevation of the street is about 250 Mr Manzi expressed concern whether the erosion control would be sufficient if there is a 100 year or greater storm event and suggested a temporary emergency swale in front of the hay bales Mr Lynch stated that Paxton soils are present and the applicant needs to propose how to deal with them Marie O'Hagen, 455 Chestnut Street, expressed concern about erosion and are there catch basins to collect the water? Mr Manzi stated the sewer line will require the applicant to install erosion control all along Ralph Joyce stated we don't intend to cut the driveway until the end of construction,we will access the homes from Rea Farm Mr Masse made a motion, seconded by Ms Feltovic, to grant the applicant's request for a continuance until the 9/15/99 meeting The vote of the Commission was unanimous 242-982 47—SI Equestrian Drive (Wilt ied Welsch) Merrimack Engineering Les Godin is present and proof of mailings were given to the Commission An RDA was filed last fall The subdivision was created and approved in 1985 with a wetland crossing There were several areas to test for septic, but a well was constructed so the applicant needed a different location They picked another area with a wood road and not much to disrupt The proposal is for a contemporary style house. There will be 450 sf of temporary alteration Mr Howard and Ms Martin walked the line last summer and it is pretty disturbed Permanent alterations were done a while ago Mr. Manzi stated a force main is not really a temporary disturbance—it may need repairing The woods road is inundated in the wet season It was suggested to the applicant they put a deck on the plans now Karen Kenney, lot 22, stated that since 1986 there has been a drainage easement along the property She expressed concern about water near her property in a rainy spell, however, she does not have a problem with the development of the property The Commission discussed a site walk for Monday, September 13, 1999 at 6 oo p in Ms Kenny was invited to attend Jim Blackwell, 75 Equestrian Drive, expressed concern about the high tension wires On a motion by Mr Masse, seconded by Ms. Feltovic,the Commission voted unanimously to grant the applicant's request to continue the public hearing at the 9/15/99 meeting RDA: 230 Abbott Street Map 38, Lot 108 (Manoj Munjal) New England Eng cont fr 8118199 Mr Osgood,Jr is present and stated he submitted new plans at the last meeting and has filed an NOI as a back up plan Ms Martin recommends the Commission issue a Positive Determination of Applicability. Mr Masse made a motion, seconded by Ms. Feltovic, to issue a Positive Determination to confirm the wetland line only. The vote of the Commission was unanimous 242-984 230 Abbott Street(Manoj Manjal)New England Engineering Mr Osgood,Jr is present and gave proof of mailings to the Commission The erosion control is set at 25' and there is no other location to put the septic system The rear of the lot is all wetlands The applicant has Board of Health approval already. Mr Mansour stated the 25' and 50' line is not shown on the plan On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to continue the public hearing until the 9/15/99 meeting and Ms Martin to have a draft decision prepared for that evening 242-973 Lot D Mall Road(J T & C Const Corp)N E Eng cont_fr 8118199 Mr Osgood,Jr stated that comments were received from John Chessia just yesterday One comment in particular they are not in agreement on, however, his letter states that most of the comments have been addressed The calcs have been done for a rip rap and Mr Osgood will get them to Mr Chessia as soon as possible On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to grant the applicant's request for a continuance until the 9/15/99 meeting. 242-981 805 Forest Street(Jacques Marchand)Andover Consultants Mr. Marchand is present this evening Mr Masse stated there was some discussion whether the application was complete and asked Ms Martin to elaborate. Ms Martin stated she determined the application to be incomplete and notified the representative of that There is a letter in the packets dated 8/23/99 outlining her review Mr Masse asked if the Board of Health has granted approval yet and Mr Marchand replied he hasn't applied yet Mr Marchand stated he has a letter dated today from David Jordan and it is his opinion that the application is complete as of today Mr Masse is giving the applicant a chance to withdraw Ms Martin stated Mr Jordan's letter was submitted late today' Mr Lynch stated he is not sure if the applicant understands what's being offered to him here I Mr Marchand finally asked the Commission if he could withdraw his application and re-file at a later date 'The Commission granted his request Decisions: 242-966 351 Willow Street(Bake-n-Joy Foods)Neve Assoc Ms Martin had a draft OOC prepared for the Commission to review On a motion by Mr Mansour, seconded by Ms Feltovic,the Commission voted unanimously to approve, as drafted, the OOC for DEP#242-966 Adjournment On a motion by Ms Feltovic, seconded by Mr. Mansour, the Commission voted unanimously to adjourn the meeting