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HomeMy WebLinkAbout1999-09-15 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room September 15, 1999 Members Present Albert P Manzi, Jr, Chairman, Scoti-Masse, Vice Chairman, Deborah Feltovic and Beth Wescott Joseph Lynch arrived at 7 10 p in Robert Mansour and John Mabon were absent Staff Present: Richelle L Martin, Administrator, Brian LaGrasse, Conservation Associate and Karen A. Fitzgibbons, Secretary The meeting was called to order at 7:10 p.m. Minutes: August 18, 1999 No action was taken on the minutes General Business Discussion—Lots 1N, 2N and 3N Berry Street(Patrick Gamer) Peter Hingorani and Patrick Garner are present this evening. Mr. Garner stated these lots have been before the Commission in the past and have received permits for single family homes Mr Garner and Mr Hingorani are looking for a consensus from the Commission regarding combining the lots to one parcel and constructing plus 55 housing with open space, recreation and a nature observatory area with a bridge to access Mr Garner stated they had a meeting with Bill Scott and Mr Scott suggested the upland area on Berry Street would need a 115 foot bridge crossing for a nature trail Mr Manzi stated he's not grasping 1t and Ms Wescott stated she isn't either Mr Garner stated that Mr Scott feels it is important to access the upland area Mr Lynch stated if this were to tie something together he could see it Ms Wescott stated it is only a self-enclosed entity for the elderly There would be approximately 1000 sf of replication. Mr Garner stated we have permits for three houses, and a small footbridge is a small tradeoff and there is a huge demand for plus 55 housing. Mr. Masse recommended the Commission not be polled for their opinion of the project Mr Lynch stated he would consider the proposal in conjunction with a Conservation Restriction Ms Wescott stated there are a lot of alternatives to the crossing Mr Manzi stated he would need to see an alternative analysis, a span not a bridge and a Conservation Restriction is a good idea Mr Masse and Ms Feltovic had no comment 242-952 Amendment to OOC—GLSD (Mike Walsh) Mr Walsh is present this evening and stated that a couple of weeks ago he and Rick Hogan had an informal meeting with two of the Commission members and Ms Martin which has resulted in this Amendment Request It appears that Mr Hogan needs some clarification on what the Commission considers boilerplate conditions Mr Walsh has a proposal that he wants to go over item by item and if the Amendment is granted they will drop their appeal Mr Manzi stated he wants more time to study the proposal Mr. Lynch also stated he needs to review the proposal Mr Masse asked if the Superior Court appeal was filed and Mr Walsh stated "no " Mr Walsh stated they are looking for the past practice of the Commission Mr Masse stated he feels the Commission already told GLSD what actions • would be taken under some circumstances Mr Walsh stated they are looking to see what could happen that could cost GLSD extra money Mr Manzi explained a Cease&Desist is always a last resort after numerous requests Mr Walsh is requesting a continuance until the 10/6/99 meeting On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to grant the continuance at the 10/6/99 meeting 242-792 Modification to OOC Lot 6 Woodlea Subdivision(Carl Kasierski) This OOC was issued on June 20, 1996 authorizing construction of a cul de sac, eleven lots, utilities and associated grading within the Buffer Zone of a BVW, BLSF, LUW, Bank and freshwater wetland The modification request is for the approval of front stairs and a deck which do not require any waivers or changes to the limit of work Carl Kasierski is present this evening and stated the house is under a P & S Agreement and they are looking for approval of front stairs and a deck Ms Martin stated that Leah Basbanes' status reports say the lot is in compliance Mr Masse made a motion, seconded by Ms Feltovic,to grant the modification referencing the plan dated 9/8/99 as the record plan The vote of the Commission was unanimous 242-868 COC Lot 1 #50 Brookview Drive (David Kindred) This OOC was issued on 7/21/97 authorizing the construction of a single family dwelling within the 100' Buffer Zone of a BVW Brian visited the site on 9/8/99,there were no violations,the site is stable and he recommends the Commission issue a COC On a motion by Mr Masse, seconded by`Ms Feltovic,the Commission voted unanimously to issue a Certificate of Compliance for DEP#242-868 242-869 COC Lot 13 #100 Brookview Drive (David Kindred) This OOC was issued on 7/21/97 authorizing the construction of a single family dwelling within the 100'Buffer Zone of a BVW Brian visited the site on 9/8/99,there were no violations, he has no issues and he recommends the Commission issue a COC On a motion by Ms Feltovic, seconded by Mr Masse,the Commission voted unanimously to issue a Certificate of Compliance for DEP#242-869 242-845 Partial Bond Release Brookview Estates (David Kindred) An OOC was issued on 4/3/97 authorizing construction of a roadway providing access to a planned residential subdivision along with underground utilities, affecting LUW, BLSF, Riverfront area and BVW Single family dwelling construction was not proposed under this NOI 5,900' of wetland replication was created as compensation Mr Kindred stated the lawns are grown in, the replication area is 2 years old and there is only one house left to be built The original bond was for$28,000 with$1,800 being released 11/6/97. Mr Masse made a motion to release $20,100 and Ms Feltovic seconded The vote of the Commission was unanimous 242-963 COC 433 Marbleridge Road(Richard Querci) This OOC was issued on 6/16/99 authorizing the construction of an inground pool, concrete patio, chain link fence and associated grading within the 100' Buffer Zone of a BVW Brian visited the site on 9/13/99, has no issues,there are no violations and recommends issuing a COC Mr Lynch made a motion, seconded by Ms Feltovic,to issue a COC for DEP #242- 963 The vote of the Commission was unanimous 242-721 Discussion of Condition#13 of the OOC Pinewood Sub(T Mannetta) Tom Mannetta is present this evening asking the Commission for clarification of Condition #13 There is a rip rap wall present and Mr Mannetta is concerned that they can't put a wall on top of the rip rap wall There is a wooden fence present also Mr Manzi suggested replacing it with a stone wall, since the Commission is looking for permanence Tom Hurley is present and expressed concern that some homeowners may not like it and he is suggesting that a site walk would be helpful. He sees Meadowood III all over again, Mr Masse stated the OOC should be followed Mr Lynch wants to see it in the field Mr Masse stated that regarding Foxwood, Evergreen Management will provide the analysis by next Friday 242-921 Modification to OOC Brook Farm Estates (Robert Maida) Mr Maida is present and stated he has a signed Purchase and Sale, but the proposed owners would like to see a larger backyard and are looking for approximately 12 more feet The OOC calls for a 3 1 slope and a 2' high rock wall is proposed instead and to fill in and level the back yard. The area is outside of the No-Construction Zone, but inside the Buffer Zone The house is under construction and is water tight Mr. Lynch expressed concern about the floodplain and after some discussion he was satisfied it is okay Mr Lynch made a motion to site the plan dated 10/2/98 now revised dated 9/9/99 as the record plan specific to lot 5 The motion was seconded by Mr Masse and the vote of the Commission was unanimous to issue a Modification to the OOC for DEP #242-921 242-982 47—51 Equestrian Drive (Wilfried Welsch)Merrimack Eng cont fr 9/l/99 This was taken out of order to give the abutters notification that the applicant is requesting a continuance until the 10/6/99 meeting. 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 10/6/99 meeting Public Hearings (8:00 p.m.) Request for Determination of Applicability 135 Raleigh Tavern Lane—Robert&Jo-Ann Swajian Bill Dufresne is present this evening and gave proof of mailings to the Commission Mr Dufresne stated that the septic system has failed Title 5 and needs replacement The proposal is for a gravity system using erosion control on the right side of the driveway Regarding sanitary controls, the system will be pumped at the beginning and during if necessary Ms. Martin checked the line Mr Lynch made a motion to issue a Negative Determination with hay bales at flag 16 through 21 A and be parallel to contour 94 and stockpile locations be worked out with the Conservation Agent The motion was seconded by Ms. Wescott and the vote of the Commission was unanimous 300, 312 & 322 Andover Street (JeffCo Co) (Leah Basbanes) This filing is for the confirmation of the wetland line only with no work proposed,therefore, no abutter notification was necessary Ms Martin stated she and Brian met Leah Basbanes at the site on 8/20/99 and the area does not constitute a wetland Bill McCloud is present as are many abutters Once again it was stated the site is not jurisdictional The abutters questioned the drainage ditch and were told it does not meet the standards which are soils, vegetation and hydrology Mr Lynch stated he would like to see soil boring location on the plan The applicant is requesting a continuance until the 10/6/99 meeting in order to revise the plans Mr Masse made a motion, seconded by Ms. Feltovic, to grant the applicant's request to continue until 10/6/99 The vote of the Commission was unanimous Notice of Intent(s) 242-973 Lot D Mill Road(J T & C Const Corp)N E Eng cunt fr 911199 Ben Osgood, Jr is present along with Helen Kellner This item was continued from the 9/1/99 meeting because the applicant was still wrangling with John Chessia's comments Mr Osgood stated he received a call from Ms Martin today stating that he's all set Mr Osgood stated the co-efficient was brought down, re-calculated and rip rap was added in a very conservative way There will be a grass swale along the driveway and check dams. Ms Martin spoke to John Chessia late today and he feels the proposal will work if it is strictly adherred to his review is satisfied Mr Osgood stated he will not strip the whole site at once,will do it in increments Environmental monitor daily reports will be submitted. Mr. Lynch stated he is glad an environmental monitor is being offered because how it gets built is the key. Mrs Kellner asked how the project will be checked as it progresses and was told that Brian LaGrasse will be present Mr. Lynch made a motion to close the public hearing and Ms Feltovic seconded it Before a vote was taken,Mr Masse stated he felt the Commission should wart for a formal letter from John Chessia Mr Lynch withdrew his motion. On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to continue the public hearing at the 10/6/99 meeting 242-???Lot 18 #805 Forest Street Map 105D (Jacques Marchand)Andover Consultants Bill McCloud is present and stated the proposal is for a new septic system A foundation drain and a row of boulders have been added and hay bales will be used There are no wetlands on the lot The original filing was withdrawn by the applicant and the Commission was told the applicant did not apply again to DEP as there were no changes to the plan. This was discussed and Mr McCloud is to clarify whether they need a new DEP number Mr Lynch stated he wants a stone wall as the Commission usually requires and Mr Masse agreed. Ms Wescott stated the erosion control needs to be behind the boulders and needs to be detailed and the closest point from the deck to the wetland should be marked on the plans The applicant requested a continuance until the 10/6/99 meeting Some abutters asked questions about the plans and Mr Masse stated that in checking over the white receipts from the post office at least two abutters seem to have not been notified The applicant was instructed to provide proof of mailings or send another certified notice to them. Anna Gilbert and the owner of 171 Laconia Circle. Ms. Wescott made a motion, seconded by Ms Feltovic,to grant the applicant's request for a continuance until the 10/6/99 meeting The vote of the Commission was unanimous. 242-968 740 Turnpike St(Atlantic Realty Trust) Merrimack Eng cont fr 911199 Ms Martin stated to the Commission that the review from John Chessia is in their packets John wants an affidavit that Chestnut Street did not overflow in the October of'96 rain event There was some question regarding fossil filters and storm septors being used and Mr Stapinski stated we don't have fossil filters on the plan so we're confused that Mr Chessia would mention them Some discussion of this took place and Mr Laudam stated that as an applicant he always tries to accommodate Chessia in whatever he asks, but this project has been continued many times and it seems we always run into a problem late in a project review) Mr Laudam stated he can get a letter regarding Chestnut Street not overflowing Mr. Lynch stated the Commission has evidence to the contrary. Mr Laudani stated again a letter from an abutter or DPW will be provided Mr Lynch stated a letter from an abutter would be great, but we need an analysis John Soucy stated they continued a study that went further than FEMAI Mr Manzi stated the only issue remaining is the Chestnut Street culvert and a letter from DPW or an abutter DEP is still in approval for Vorteck systems Mr Lynch will review the O & M plan Mr Laudam stated he will be happy to provide Ms Martin information on the Stop & Shop project Mr Lynch stated that sounds good,but Stop & Shop acted very slowly even when brought to their attention many times) On a motion by Ms Wescott, seconded by Ms Feltovic,the Commission voted unanimously to continue the public hearing at the 10/6/99 meeting 242-979 Map 105CIParcel 9 next to 501 Boxford St(M Pouliot-Coulouras) cont fr 911199 Mike Rosati, Marcluonda& Associates, is present this evening Ms Martin stated that Natural Heritage has no issues, the driveway has been relocated on the opposite side now and away from the 15' barrier There are no waiver requests Mr Rosati asked if the Commission could waive the 25' stone wall as it is in front of the home and Mr Manzi stated that every time the Commission has waived it they have paid dearly for it There are no abutters present 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 242-983 Map 65 Parcel 22 Summer& Salem St(Messner Brem Corp) cont fr 911199 Keith Murray is present this evening Ms Martin stated the only issue is the erosion control location, it should be on the wetland side of the stone wall The applicant is requesting a continuance until the 10/6/99 meeting and Ms Martin offered to have a decision prepared for that night Mr Masse made a motion, seconded by Ms Feltovic,to continue the public hearing at the 10/6/99 meeting The vote of the Commission was unanimous 242-975 Lot 7 Chestnut St(Ralph Joyce) Wetlands Preservation cont from 911199 Curt Young and Ralph Joyce are present this evening and Mr Young stated the foundation dram is now shown on the plan Mr Lynch stated that the construction sequencing was a question at the last meeting Mr Joyce stated they plan to access the lots from Rea Farm Mr Lynch stated a check dam is adequate in his opinion and he asked if the stilling basin will be graded over Mr Young replied yes and there are two rows of erosion control Mr Lynch stated the hillside does weep all winter and spring long and suggested maybe a site walk at the proper time Mr Manzi stated he has been by the site many times and there is no break out at all The applicant is requesting a continuance until the 10/6/99 meeting Mr. Masse made a motion, seconded by Ms Wescott,to grant the applicant's request for a continuance until the 10/6/99 meeting and the vote of the Commission was unanimous Ms. Martin will have a draft decision prepared for that evening 242-976 Lot 8 Chestnut St(Ralph Joyce) Wetlands Preservation cont from 911199 Curt Young and Ralph Joyce are present this evening and it was stated the Woodlea Village delineation was used It was discussed the conditions put on lot 7 will be the same for lot 8 The applicant is requesting a continuance until the 10/6/99 meeting 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 10/6/99 meeting Ms Martin will have a draft decision prepared for that evening. 242-984 230 Abbott Street(Manoj Manjal) New England Eng cont fr 911199 Ben Osgood, Jr is present this evening and stated this item was continued because the plans showing the 25' and 50' lines were not submitted 7 days prior to the public hearing. The plans have now been in the Conservation Office for abutter review in plenty of time, and Mr. Masse made a motion, seconded by Ms Feltovic,to close the public hearing and issue a decision within 21 days 242-985 Lots A & B Forest Street Map 106A Parcels 81, 82 & 83 (Wetlands Pres) Curt Young is present along with Ralph Joyce Proof of mailings were given to the Commission Mr Young stated that the site includes two lots with lot A being a part of a previous filing with the Commission It was never completed and the applicant proposes to clean up some of the mess The site has a BVW area and an Ephermal Pool and some excavation was done many years ago It is not a state jurisdictional area and there are all kinds of Buffer Zones associated with the lot Mr Young stated there is a waiver request for two driveways through the No-Disturbance Zone There is 2600 sf of restoration proposed in the No-Disturbance Zone The houses will be up on the hill and roof runoff will be taken care of Utilities will come through the existing driveway. Ms Martin stated the old DEP number is 242-482 and she and Brian LaGrasse visited the property last Saturday for three hours Flag 35 needs to be picked up, a stockpiling area needs to be depicted on the plan and Ms Martin suggests a site visit The mitigation plan is very good Mr Young stated he proposes to have everything stable by March and if not possible we could use traps to prohibit any migration The plan has not been filed with other boards yet Mr Joyce stated they are ready to go with the Planning Board for a common drive permit They have Board of Health approval Mr Lynch suggested the applicant exhaust an alternative analysis proving that the common drive is the only way to go Mr Joyce stated a Form A plan will be filed by Friday and the common drive by early next week Mr Lynch stated he would not be inclined to grant a COC on the old Order of Conditions until this one is done The Commission discussed a site walk and it will be coordinated with Ms. Martin On a motion by Mr Lynch, seconded by Ms Feltovic,the Commission voted unanimously to continue the public hearing at the 10/6/99 meeting Ratification of Enforcement Order—Evergreen Estates (B LaGrasse) An Enforcement Order issued to Evergreen Estates by Brian LaGrasse needs to be ratified by the Commission It was discussed whether Al Couillard should be interviewed to determine whether he was told to plant or not Ms Wescott made a motion, seconded by Mr Masse,to ratify the Enforcement Order The vote of the Commission was unanimous ............... : . Decisions: 242-984 230 Abbott Street (Manoj Manjal) New England Engineering 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 Order of Conditions for DEP#242-984 Adjournment: On a motion by Ms Feltovic, seconded by Ms Wescott,the Commission voted unanimously to adjourn the meeting