Loading...
HomeMy WebLinkAbout1999-10-06 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room October 6, 1999 Members Present: Albert P Manzi, Jr, Chairman, Scott Masse, Vice Chairman, Joseph Lynch, Deborah Feltovic and John Mabon Beth Wescott and Robert Mansour were absent Staff Present: Richelle L Martin, Conservation Administrator, Brian J LaGrasse, Conservation Associate and Karen A Fitzgibbons, Secretary The meeting was called to order at 7:00 p.m. Minutes: August 18, 1999 September 1, 1999 No action was taken on the above minutes General Business: 242-952 Amendment to OOC—GLSD (Mike Walsh) cont fr 9/15/99 This item was continued from the last meeting to afford the Commission time to review GLSD's proposed amendment to the Order of Conditions Mr Walsh and Richard Hogan are present this evening and stated the conditions they are looking to amend are numbers 31, 48, 52, 55, 64, 66, 67, 68, 69, 70, 72 & 73 The proposed amendments were discussed and Mr Masse asked if there was a Superior Court appeal, Mr Walsh stated no, and on approval of this amendment the appeal to DEP will be dropped Mr Masse made a motion, seconded by Ms Feltovic,to adopt the Amendment to the OOC and said Amendment will take effect when the Commission is notified that the DEP appeal was withdrawn The vote of the Commission was unanimous 242-461 PCOC Lot 16 Jerad Place Road (Mark B Johnson) An OOC was issued on 5/31/88 for lots 14—44, subdivision and the roadway It is stated in the Order that any work done on Lot 16 will be filed under another Notice of Intent or RDA Lot 16 construction was filed under DEP #242-575 and has received a COC, 25/50' setbacks were mandated and met Brian stated he visited the site on October 5, 1999, has no issues,there were no violations and the site is stable On a motion by Mr Masse, seconded by Mr Mabon,the Commission voted unanimously to issue a Partial Certificate of Compliance 242-071 COC Lot C #337 Hillside Road(Mark B Johnson) An OOC was issued in August of 1979 authorizing the construction of a single family dwelling within the 100 year flood plain 25/50' setbacks were not necessary Brian visited the site on October 5th, there are no violations and he has no issues There is no bond money being held by the Town and Brian 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 242-755 COC Edgewood Retirement Community (Flansburg & Associates) This OOC was issued on 8/4/95 authorizing the construction of a 250 unit retirement center, appurtenances, roadway and associated grading within the 100' Buffer Zone of a BVW A wetland crossing was required at the entrance drive, 25/50' setbacks were mandated and met except during the sign installation and crossing Brian visited the site on October 6th , it is stable, there are no violations,the bond is $5,000 and he recommends the Commission issue a COC On a motion by Mr Masse, seconded by Mr Mabon, the Commission voted unanimously to issue a Certificate of Compliance 242-721 Discussion of Condition 13 of the OOC Pinewood Sub (T Mannetta)fr 9/15/99 Tom Hurley is present this evening looking for direction from the Commission regarding the stone wall Mr Manzi stated that he and Ms Martin visited the site during the ram on Monday in order to view the cliff The OOC mandated a stone wall and the applicant requested the Commission look at the property because they don't think the stone wall is necessary There is a steep retaining wall and a fence at the top of it The purpose of a stone wall is so that no further encroachment will take place on the lots Mr Manzi and Ms Martin stated it would seem virtually impossible for any encroachment to take place due to the drop off created by the retaining wall The fence itself does act as a permanent barrier and prevents children from venturing down the hill They suggest maybe signs be posted on the existing fence at the applicant's expense, of course Mr Masse suggested an amendment to the OOC and the property owners should be notified Mr Lynch expressed concern that private homeowners may be upset that the Commission is allowing the developer to change their backyards The Commission gave direction to Mr Hurley that a higher fence with signs is the way to go Atty Don Borenstem is present and wanted to discuss the height of the fence It was decided it would be as high as zoning would allow The applicant was told to contact Ms Martin, to involve the abutters and to send them a certified letter 242-721 Partial Bond Release Pinewood Subdivision(Evergreen Mgmt) An OOC was issued on 1/23/95 authorizing construction of a roadway and subdivision along with underground utilities, affecting BVW The bond was $60,000, $15,000 was released on February 18, 1999 the $45,000 is still being held by the Town Replication area A was replanted in 11/98 and has not been through 2 growing seasons A compliance inspection was performed on 10/6/99 and the grass clippings that Brian asked them to clean up were found at the culvert Also, wetland flags were missing and the shoulder and the center of the cul de sac are unstable It is Brian's recommendation that the Commission deny the partial bond release Tom Hurley is present this evening Mr Manzi stated that the system appeared to be working,but a substantial amount of silt and stormwater is making its way into the detention basin Mr Hurley stated we cleaned it up and there is no silt Mr Manzi stated it is there, I saw it and I need to see it working better it seems you are a little premature in requesting a partial bond release Mr Hurley stated he had a letter from Atlantic Engineering certifying compliance Mr Manzi stated he read it and it applies to the Planning Board, not Conservation Ms Martin stated she spoke to Tom Mannetta,Atlantic Engineering, and he stated to her that he could not write a letter certifying compliance with the OOC Mr Hurley asked can't some money be released? Mr Lynch stated without certification the project is not in compliance, therefore no money can be released Mr Lynch made a motion, seconded by Ms Feltovic,to deny the partial bond release request The vote of the Commission was unanimous 242-898 Amendment to OOC Lot 4/5 Willow St South Ext (Channel Bldg ) An OOC was issued on May 7, 1998 authorizing construction of a commercial building which consists of a 32,220 s f research and development facility, driveways, vehicle parking and circulation and utilities Greg Wiech from Channel Building and Andy from MHF Design are present There are no abutters present Mr Wiech stated the OOC issued in 5/98 was intended for a spec building, but did not work out The new tenants want a different building and need more ground floor area With this request to modify the Order, the applicant proposes to increase the building footprint totaling 31,111 s f (0 floor=24,081 s f, 2"d floor=7,030 s f) (still complying with the 50' No Construcrton Zone), and reduce the parking area(impervious surface) Ms Martin stated the proposal has less environmental impact now Chief Dolan and Heidi Griffin both approve the changes Mr Lynch expressed concern regarding the transformer pad and Mr Manzi suggested a 2' concrete pad around it Mr Lynch suggested maybe just a curb The applicant was told to find a way to capture the oil Mr Lynch made a motion, seconded by Ms Feltovic, to approve the Amendment to the OOC citing plans entitled Map 25 lots 83 & 84 dated 12/19/97 Revised 9/29/99 containing 8 sheets and a building elevation sheet, on sheet 4 of 8 the transformer must be contained to hold at least double the amount of oil Filing Fee Expenditure— Sir Speedy—Bylaws Printed Ms Martin is asking the Commission to expend $313 50 from the Filing Fee Account in order to pay for the printing of 25 Wetland Bylaws Mr Masse-made a motion, seconded by Ms Feltovic, to expend the $313 50 from the Wetland Filing Fee Account The vote of the Commission was unanimous Discussion of Open Space (R Martin) This item will be placed on an agenda when there is a re-structuring plan ready 242-818 Ratification of Enforcement Order— 197 Bridges Lane On a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to ratify the Enforcement Order Ratification of Enforcement Order—58 Osgood Street On a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to ratify the Enforcement Order Public Hearings (8:00 p.m.) Request for Determination of Applicability 300, 312& 322 Andover Street(Je ffCo Co) Leah Basbanes cont fir 9115199 William McCloud, Andover Consultants, is present this evening There are also many abutters present stating they weren't notified of this meeting It was stated to the abutters that, by law, there was no need to notify them An attorney, hired by an abutter, was present and disagrees The attorney was told he is incorrect It was discussed whether a wetland line can be appealed There are 10 business days in which to appeal an RDA Ms Martin stated that at the last meeting it was stated the area is not jurisdictional, but the Commission asked for soil borings Mr Lynch wants to do a site visit Mr McCloud stated they are only looking at the site, have hired an independent soil scientist and it is not a wetland A few abutters want to attend the site walk and were told to call Ms Martin at the Conservation Office for the date and time The abutters were told the owner has the right to deny access to the property One abutter expressed concern about water after heavy rams and was told that Conservation is not involved in regards to the water table Mr Lynch made a motion, seconded by Ms Feltovic, to continue the discussion at the October 20, 1999 meeting 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 cont fr 9115199 Ms Martin stated that she has received confirmation, in writing, from John Chessia that his review is complete, and since there are no further outstanding issues Ms Martin recommends the Commission close the public hearing and issue a decision within 21 days The recommendation was moved by Mr Lynch, seconded by Ms Feltovic and the vote of the Commission was unanimous 242-981 Lot 18 #805 Forest Street Map 105D (J Marchand)And Cnstls Fr 9115199 Jacques Marchand and William McCloud are present this evening Mr McCloud gave proof to the Commission that the two remaining abutters were notified and revised plans were submitted depicting a stone wall detail and erosion control in the appropriate location The applicant does have BOH approval for the system Mr McCloud asked the Commission if they would consider the applicant not installing the stone wall since there are no wetlands on the property Mr Manzi stated that when we've done that we've been bittenf Mr Lynch stated he has a lot of years of experience and could not support a waiver request either Ms Martin stated we do have a DEP number, she has no further issues and recommends the Commission close the public hearing and issue a decision within 21 days The recommendation was moved by Mr Mabon, seconded by Mr Lynch and the vote of the Commission was unanimous 242-968 740 Turnpike St(Atlantic Realty Trust) Merr Eng cont fr 9115199 Ms Martin stated the Conservation Office is in receipt of a letter from an abutter(Kenny Rea) testifying to the fact that Chestnut Street does not overflow John Chessia's review is complete and satisfied, there are no abutters present and Ms Martin recommends the Commission close the public hearing and issue a decision within 21 days The recommendation was moved by Mr Masse, seconded by Ms Feltovic and the vote of the Commission was unanimous 242-983 Map 65 Parcel 22 Summer& Salem St (Messner Brem Corp) cont fr 9115199 Keith Murray is present this evening and stated revised plans were dropped off at the Commission's Office per their request The foundation dram outlet has been moved away from the 25' Ms Martin has no more issues and recommends closing the public hearing and issuing a decision within 21 days (There is a decision prepared for later this evening) The recommendation was moved by Mr Masse, seconded by Ms Feltovic and the vote of the Commission was unanimous 242-9?? Lot 7 Chestnut St(Ralph Joyce) Wetlands Preservation cont fr 9115199 Ms Martin stated that DEP called late this afternoon and stated that we should use the same DEP file numbers used for the previous filing on this lot There are no outstanding issues left, and, 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-???Lot 8 Chestnut St(Ralph Joyce) Wetlands Preservation cont fr 9115199 Ms Martin stated that DEP called late this afternoon and stated that we should use the same DEP file numbers used for the previous filing on this lot There are no outstanding issues left, and, 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 242-982 47—SI Equestrian Drive (Wilfried Welsch)Merrimack Eng cont fr 9115199 Les Godin is present this evening and Ms Martin stated that he has provided revised plans that accurately depict the information that was requested She wanted it verified that no deck is being requested and Mr Godin verified that There are no abutters present Mr Lynch stated he wants a rail of some sort to prevent cars going to the right Ms Martin stated she will condition that Mr Lynch made a motion, seconded by Mr Masse, to close the public hearing and issue a decision within 21 days The vote of the Commission was unanimous 242-985 Lots A &B Forest St Map 106A Parcels 81, 82 & 83 (Wetlands Pres)fr 9115199 Curt Young is present this evening and Ms Martin stated that the site walk was cancelled due to the ram,however, Mr Manzi and she visited the site and he is comfortable with the waiver request with respect to the 25' No Disturbance Zone and the existing gravel driveway The revised plans were submitted at Ms Martin's request, however, they were not submitted in accordance with the Bylaw's 7 day requirement so the Commission can not close the public hearing tonight On a motion by Mr Lynch, seconded by Ms Feltovic,the Commission voted unanimously to continue the public hearing until the October 20, 1999 meeting 242-980 332 Hillside Road(Peter Calderazzo) Mr Calderazzo is present this evening and since there are no abutters present he stipulated to the reading of the legal notice Proof of mailing was given to the Commission The applicant is proposing to add a deck to the home and West Environmental flagged the wetlands The proposed deck is right on the 50' No Construction Zone mark, but the sono tubes are further away (closest one is 56') Erosion control is depicted on the plan Brian discovered a violation of grass clippings being dumped in the wetland back in July He visited the site today and they have not been cleaned up yet Mr Calderazzo stated that he didn't realize he had a deadline and he will certainly clean up the violation Brian did not do a follow up inspection nor issue an Enforcement Order at the time, therefore, it will be a pre-construction requirement The hay bales are in place 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 Decisions: 242-979 Map 105C/Parcel 9 next to 501 Boxford St(M Pouliot-Coulouras) Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to approve, as drafted, the OOC for DEP #242-979 242-983 Map 65 Parcel 22 Summer& Salem St(Messner Brem Corp) Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to approve, as drafted, the OOC for DEP #242-983 242-975 Lot 7 Chestnut St (Ralph Joyce) Wetlands Preservation Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to approve, as drafted and amended this evening, the OOC for DEP #242-975 242-976 Lot 8 Chestnut St (Ralph Joyce) Wetlands Preservation Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr Lynch, seconded by Ms Feltovic, the Commission voted unanimously to approve, as drafted and amended this evening, the OOC for DEO #242-976 Adjournment On a motion by Ms Feltovic, seconded by Mr Lynch,the Commission voted unanimously to adjourn the meeting