Loading...
HomeMy WebLinkAbout1999-10-20 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room October 20, 1999 Members Present: Albert P Manzi, Jr , Chairman, Scott Masse, Vice Chairman, Joseph Lynch, John Mabon and Robert Mansour Deborah Feltovic and Beth Wescott were absent Staff Present: Richelle L Martin, Conservation Administrator, Brian 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 September 15, 1999 No action was taken on the above listed minutes General Business: 242-589 Memorandum of Understanding—Heritage Estates (D Kindred, Marchionda) Dave Kindred, Mike Rosati and Gary Kelloway are present this evening A Memorandum of Understanding was drafted as a litigation settlement for the above referenced subdivision off of Salem Street. The document involves the Parkers(owners), the Conservation Commission and the Planning Board Ms Martin stated she has reviewed the document and compared it to the revised plans submitted by Marchionda and her review is complete Town counsel has reviewed it and is satisfied. John Chessia has completed his drainage review and he is satisfied. The subject revised plans meet the standards of performance as outlined in the Memorandum of Understanding Since all reviews are complete and satisfactory, Ms Martin is asking the Commission to tentatively approve the plans dated May 28, 1999, REV 9/28/99 Once the applicant has tentative approval, the Town shall notify the abutters of a public meeting within 5 business days of the approval giving 14 days written notice by first class mail Mr Manzi asked if there were any waivers and Ms Martin replied yes and Mr Rosati sated we need a 25' no disturbance zone waiver for the roadway Merrimack Engineering did the first plan Mr Rosati stated they pulled everything back so they are not near the wetland, and some modifications to the house need to be made to make it all work. The buffer zone to the east of the roadway will be increased trying to keep as many trees as possible The applicant has proposed a comprehensive fazing plan to help with erosion control Ms Martin stated there is a 50' no cut, 100' no build zone because the property is in the watershed Mr Rosati stated a geo-technical firm is being consulted due to Planning Board concerns about ground water seeps, same concerns as the Commission has The cul-de-sac will remain as is and not connect to another subdivision Mr Rosati stated the Planning Board is looking for an easement for water and possible sewer. Mr Kindred stated that John Chessia reviewed the proposal for the Planning Board and the Commission at the same time The Planning Board is concerned about"sluffing" therefore a geo-technical review will be done The Commission expressed concern about North Andover Estates and what happened there and Mr Kindred stated we have lessened the soil cuts and we feel North Andover Estates happened because the slopes were overdone, larger and 1 1,while we are proposing 2:1 and have added retaining walls Mr. Lynch made a motion, seconded by Mr Masse,to continue the discussion at the November 3, 1999 meeting The vote of the Commission was unanimous 242-223 COC Lot#13 Bridges Lane (Atty John Fitzgerald, Jr) This OOC was issued on 4/24/84 authorizing construction of a single family dwelling within 100' of the Buffer Zone of a BVW Brian visited the site on October 18, 1999, it is stable, there are no violations and since he has no issues he recommends the Commission issue a COC On a motion by Mr Lynch, seconded by Mr Mabon, the Commission voted unanimously to issue the Certificate of Compliance 242-852 Conservation Restriction—Lot A Rea Street Ms Martin stated the Commission had previously signed this document as did the Selectmen and then it went off to Joel Lerner for review Joel (EOEA)requested additional information and wanted some revisions and this document supports his request Tom Urbelis has reviewed this and is satisfied Once the Commission approves it,Ms Martin will forward it to the selectmen and again to Joel Lerner for final approval Mr Masse made a motion, seconded by Mr Mabon,to adopt and sign the Conservation Restriction for Lot A Rea Street 242-441 Modification to OOC Lot 7 Long Pasture Road (Christiansen& Sergi) An OOC was issued on March 25, 1996 authorizing construction of 8 residential lots, a roadway and utility installation affecting the Buffer Zone of freshwater wetland, BLSF and a BVW The 25/50 were mandated and met on this lot and the modification request is for the approval of an in ground pool and a patio behind the house No waivers are being requested with this modification request Steve Crowley is present this evening The Commission reviewed the plans and Mr Lynch stated the discharge from the filter should be shown The Commission expressed concern regarding a potential for the chlorine from the pool being backwashed into the resource area Also, it should be marked on the plans where the chemicals are to be stored Mr. Lynch suggested the applicant deal with'the concerns administratively then come back to the Commission Mr Lynch made a motion, seconded by Mr Mansour, to table this item for now and the applicant should deal with Ms. Martin. The vote of the Commission was unanimous Mr. Crowley stated that he thought Phil Christiansen would be present tonight Mr Mabon stated the wetland flags should be on the plans and Mr Mansour expressed concern as to why this was presented by the administration and not Phil Christiansen Mr Manzi stated to the applicant that the message is the Commission feels the engineer should be present Mr Masse made a motion to deny the request for a minor modification Before the motion was seconded, Mr. Lynch withdrew his earlier motion to table and seconded Mr Masse's motion to deny The vote of the Commission was unanimous 242-255 PCOC Lot 25 Castlemere Place(Russell A Bodnar) An OOC was issued on 2/8/85 for a 15 lot subdivision and the roadway Brian visited the site on 10/18/99, the site is stable,there are no violations and he has no issues On a motion by Mr Mabon, seconded by Mr Masse,the Commission voted unanimously to issue a PCOC for Lot 25 Castlemere Place Decisions: 242-973 Lot D Mill Road(J T & C Const Corp) N E Engineering Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr. Masse, seconded by Mr Mabon,the Commission voted unanimously to approve, as drafted and amended, the OOC for DEP#242-973 242-981 Lot 18 #805 Forest Stsreet Map 105D (J Marchand)Andover Consultants Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr Masse, seconded by Mr Mabon,the Commission voted unanimously to approve, as drafted, the OOC for DEP#242-981 242-968 740 Turnpike Street (Atlantic Realty Trust) Merrimack Engineering Ms Martin had a draft OOC prepared for the Commission's review There was some discussion regarding the Operation&Maintenance Plan being a perpetual agreement Mr Masse stated he thinks it is arbitrary and capricious and the Commission can't hold money forever on something that may not ever happen Mr Masse suggested maybe holding an amount for a certain number of years then when a COC is issued we release the money Mr Lynch stated all the O & M items are doable, but he wants to be certain the applicant does them) Mr Manzi suggested that a separate bond for performance of the O& M Plan may be the way to go Since it is now 8.00 p in this discussion is table for the present Public Hearings (8:00 p.m.) Request for Determination of Applicability 300, 312& 322 Andover Street(JeffCo Co) (Leah Basbanes) cont from 1016199 Bill McCloud, Andover Consultants,is present this evening. Mr Lynch, Mr. Mansour and Brian were at the site walk and stated there was field evidence of an historical pond greater than 100' away Mr McCloud stated we are requesting a Negative Determination as there are no wetlands on site Mr Lynch made a motion, seconded by Mr Mabon,to issue a Negative Determination of Applicability The vote of the Commission was unanimous Notice of Intent(s) 242-985 Lots A & B Forest St Map 106A Parcels 81, 82 & 83 (Wetlands Pres)fr 1016199 Geoff Andrews is present this evening Revised plans depicting stockpile locations, vernal pool designation and revised flag locations were submitted The Commission office also received a DEP file number Ms Martin's only concern is that erosion control should be extended to support the proposed stockpile location and the Commission can condition a revised plan to be submitted prior to construction There was some discussion regarding the SSDS line on the plan Geoff Andrews initialed the change on the plan and Ms Martin signed and dated it Mr Lynch made a motion, seconded by Mr Mabon, to close the public hearing and issue a decision within 21 days. The vote of the Commission was unanimous 242-???Brooks School 1160 Great Pond Road(Rest-Frost-Shumway) John Scott and Mike Farnola are present this evening They neglected to bring proof of mailings to the meeting, however, Mr Farnola asked the Commission to delay the opening of the public hearing until he returned with the proof of mailing. The Commission agreed 242-??? Willow Street Map 25 Parcel 4 (Holbrook Realty Trust) Scott Gales Lenny Annaloro and Scott Giles are present this evening Proof of mailings were submitted to the Commission Office earlier and one was found to be missing Mr. Giles was directed to notify the missing name This NOI proposal is for the control of vegetation only The wetland line was established two years ago through a previous determination and is still active Mr Giles stated the applicant petitioned the Town to re- zone the property with the support of the Planning Board and they are before the Commission looking for a vegetation management plan to protect the line Ms Martin stated that C-1 flag is missing and the flood plain is not shown Mr Manzi asked when is the cutting to take place and Mr Annaloro stated probably the spring Mr Manzi stated the Commission tries to discourage cutting during the nesting season and warned the applicant that whatever equipment goes in there, care and caution must be taken Lou Kmiec, Countryside Realty, was the only abutter present, stated he had no objections just wanted to know about access. The applicant was told to notify the abutter at 8 Bucklin Road, show the flood plain and flag C-1 and show how the temporary crossing will be done The Commission also wants to see restoration when the temporary span is completed On a motion by Mr Masse, seconded by Mr Lynch, the Commission voted unanimously to continue the public hearing at the November 3, 1999 meeting 242-??? 52 Laconia Circle (Bruce Letwin) Neve Associates John Morin is present this evening and proof of mailings were given to the Commission This NOI is for construction of an inground pool, encompassing screen house and grading within the Buffer Zone to a BVW and isolated wetland The 25'/50' are being met and there are no waiver requests Mr Morin stated the property is lot 1 D off Laconia Circle and the proposed work is outside the FEMA flood zone. An isolated wetland is jurisdictional The pool is a non-backwash system with a cartridge to be changed yearly The chemicals will be stored in the basement Mr. Morin will submit revised plans showing a silt fence, chemical storage and a future backwash area should it become necessary Mr Mansour suggested the applicant be careful to maintain the 50' because it is close out there Harold Rines, 90 Crossbow Lane, stated there is a maintenance road used by Mass Electric and wondered if it would be a problem He was told no. Mr. Morin was told to have revised plans in to the Commission Office 7 days before the next meeting On a motion by Mr Mabon, seconded by Mr Masse,the Commission voted unanimously to grant the applicant's request for a continuance until the November 3, 1999 meeting 242-22?Brooks School 1160 Great Pond Road(Rest-Frost-Shumway) Mr Famola has returned with the proof of mailings There are no abutters present. Mr Scott stated this is the capitol building program for the school, specifically the maintenance facility to be located at the middle entrance to the school It will be the building where the vehicles will be maintained and parking for staff It will be on a slab on grade so no cutting or need for soil stockpiling will be necessary. The applicant proposes to replace the existing storm water outfall from 12"to 18" Ms Martin wants to see a snow stockpiling area shown on revised plans Mr Lynch feels the area where snow stockpiling is planned is unrealistic Mr Farnola suggested another area across the service road Mr Mabon pointed out that the dram line seems to discharge directly into the wetlands Mr Scott replied that it will be treated in a vortex chamber and the net increase of runoff will be less when the athletic building is constructed Mr Lynch stated the issue is storm water attenuation and the Planning Board is accepting the applicant's aggregate proposal Mr Scott stated that we will be increasing the flow on a temporary basis only Mr Manzi suggested an escrow account be established for a review The applicant waived the three bid process and wants to use Coler&Colantonio On a motion by Mr Masse, seconded by Mr Lynch,the Commission voted unanimously to establish an escrow account in the amount of$2500 for an engineering review of the project The applicant must notify 5 people on the abutters list again Mr Masse made a motion, seconded by Mr Lynch, to grant the applicant's request for a continuance until the November 17, 1999 meeting The vote of the Commission was unanimous 242-???Lots 1 -5 Campbell Rd Map 210 Block 106B(Engineering Alliance, Inc) Mark West, Erik Heyland and Elmer Pease are all present this evening and proof of mailings were given to the Commission Mr West presented a handout for the Commission to follow The project will improve an existing subdivision at Campbell Forest and will create a main access road to the lots reducing the individual driveways and create a small cul-de-sac Erik Heyland did the stormwater management design and used the original plan The wetland boundary does not change and the replication area is in place and working There are no waiver requests and the detention basins are inside the no-disturbance zone It was discovered that the Commission is viewing different plans than Mark West The applicant was given a shopping list of items for the next meeting on the project foundation drains, stone wall, erosion control in some areas Mr Mansour stated that the plans are 1 to 40 and extremely crowded and he would like the applicant to submit a plan that is easier to read An abutter questioned the buffer zone location and it was explained to him The Commission discussed with the applicant setting up an escrow account for outside review The applicant waived the three bid process and selected Coler& Colantomo On a motion by Mr Masse, seconded by Mr. Mabon, the Commission voted unanimously to establish$2500 as the amount for the escrow account Mr Masse made a motion, seconded by Mr. Lynch,to grant the applicant's request for a continuance until the November 17, 1999 meeting The vote of the Commission was unanimous Decisions: 242-968 740 Turnpike Street (Atlantic Realty Trust) Merrimack Engineering This is continued from earlier in the evening Mr Masse stated that the applicant will not be eligible for a Certificate of Compliance until there is strict compliance with the Operation& Maintenance Plan for three consecutive years of each and every item of the O & M Plan There was discussion regarding the amount of the bond to be held. On a motion by Mr Lynch, seconded by Mr Masse, the Commission voted unanimously to approve, as drafted and amended this evening, the Order of Conditions for DEP#242- 968 242-982 47—51 Equestrian Drive (Wilfried Welsch) Merrimack Engineering Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr Masse, seconded by Mr Mabon,the Commission voted unanimously to approve, as drafted and amended this evening, the Order of Conditions for DEP #242-982 242-980 332 Hillside Road(Peter Calderazzo) Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr Lynch, seconded by Mr Masse, the Commission voted unanimously to approve, as drafted, the Order of Conditions for DEP #242-980 Adjournment: On a motion by Mr Masse, seconded by Mr. Mansour, the Commission voted unanimously to adjourn the meeting