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HomeMy WebLinkAbout1999-11-17 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room November 17, 1999 Members Present: Scott Masse,Vice Chairman, Deborah Feltovic, Beth Wescott and John Mabon Joseph Lynch arrived at 8 15 p in Robert Mansour and Albert P. Manzi, Jr., were absent Staff Present. Richcllc 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: October 20, 1999 On a motion by Ms Feltovic, seconded by Ms Wescott,the Commission voted unanimously to approve, as amended,the minutes of October 20, 1999 General Business: Discussion Maritimes &Northeast Pipeline,L L C (John Habib) Atty John Habib is present this evening to present the Commission with a certificate of insurance for Foster Farm addressing any liability concerns and asking the Commission to re-consider their denial of permission to survey Foster Farm. Atty. Habib stated they would like to begin surveying properties in December and going through February, weather permitting. They are hoping to file their application with the Federal Government in March of 2000 Mr Masse asked if federal law would supersede our local bylaw and the Wetlands Protection Act and Atty Habib replied a lot of deference is given to the local cities and towns and we consider our applications serious and comply with the local bylaws It was suggested to Atty Habib that he work closely with Ms Martin and he stated he has been and they also plan to have local neighborhood meetings with homeowners to keep them up to date and answer any concerns Ms Wescott made a motion, seconded by Ms Feltovic, to grant permission for the survey of Foster Farm The vote of the Commission was unanimous 242-600 COC Lot 8,#108 Rosemont Drive (Shivram Shetty) (Seekamp Env) An OOC was issued on 9/10/92 authorizing five houses in a previously approved subdivision 4 of the lots have PCOC's and this last one would make it a full COC. This was only being held up because of a wetland restoration started in October 1997,and needed to complete 2 growing seasons The Conservation office is in receipt of a letter certifying compliance along with as-builts of the property. The bond is $3,000 On a motion by Ms Feltovic, seconded by Mr Mabon,the Commission voted unanimously to issue a Certificate of Compliance for DEP #242-600. 242-783 Ratification of Enforcement Order Lot 3 Abbott Street This Enforcement Order was issued on November 4, 1999 due to the unauthorized removal of erosion control and unauthorized work within the 100' buffer zone to a BVW. The OOC has expired Brian visited the site and the owners have cleaned up and installed the hay bales to his satisfaction Mr Mabon made a motion, seconded by Ms Feltovic,to ratify the Enforcement Order for DEP #242-783. The vote of the Commission was unanimous Ratification of Enforcement Order 1025 Forest Street And Ratification of Enforcement Order 1005 Forest Street The homeowners were found to be re-grading in the backyards within 100' of wetlands with machinery directly in the wetlands. Brian spoke with and educated them about the process, they have been very cooperative and will install the erosion control and hay mulch by the end of the week The Commission expressed concern about work being done without a RDA filing, but Brian assured them the homeowners were genuinely ignorant of that The Commission instructed Brian to be sure the homeowners understand the process On a motion by Mr Mabon, seconded by Ms Feltovic, the Commission voted unanimously to ratify both Enforcement Orders. Ratification of Enforcement Order 120 Holt Road Joseph Cristaldi has expanded his parking lot into the No Disturbance Zone Airport personnel called the Commission office to report the violation A small area of BVW was disturbed A restoration report, completed by Randy Christiansen, will be given to the Commission office by the 19`h of November. Brian stated to the Commission that he expects full compliance with the Enforcement Order On a motion by Mr Mabon, seconded by Ms Wescott,the Commission voted unanimously to ratify the Enforcement Order Open Space Committee The first meeting will be held on Monday,November 22, 1999 and Jack Mabon has offered to attend Mr Masse offered to call Alison Lescarbeau in an effort to recruit someone from the Planning Board John Thompson is the chairman and there are seven members Ms. Martin stated that we need the Open Space and Recreation Plan revised by March 2000 Mr Masse stated that restructuring of the committee is needed and feels the vice chairman of the Conservation Commission should be the chairman of the Open Space Committee Ms Martin and Mr Mabon will suggest the restructuring, however, getting the plan revised will take up the whole meeting—it is a pretty big agenda item all by itself Mr Mabon volunteered to make the commitment through March and maybe through June, depending on soccer Ratification of Enforcement Order—Mass Electric Co Brian stated that Mass Electric Co took full responsibility and stated the airport had no knowledge of the violation On a motion by Ms Wescott, seconded by Ms Feltovic,the Commission voted unanimously to ratify the Enforcement Order Ratification of Enforcement Order—George Farr An Enforcement Order was issued mandating Mr Farr to remove the trees by November 26, 1999 The Commission discussed how they can reference back to the original letter if they decide to issue fines On a motion by Mr Mabon, seconded by Ms Wescott,the Commission voted unanimously to ratify the Enforcement Order to Mr. Farr As it is not yet 8:00 p.m. the Commission took a five minute recess. Decisions: 242-989 52 Laconia Circle (Bruce Letwin) Neve Associates Ms Martin had a draft Order of Conditions prepared for the Commission's review. On a motion by Ms. Feltovic, seconded by Mr Mabon,the Commission voted unanimously to approve, as drafted,the OOC for DEP #242-989 Mr Masse stated to the Commission that he was approached by a resident to become an associate member of the Conservation Commission, and Mr. Masse suggested when Mr Manzi returns the Commission interview the candidate and possibly put his name forward to the Board of Selectmen The members who were present agreed with this Public Hearings (8:00 p.m.) Request for Determination of Applicability There are no RDA applications to be heard this evening Notice of Intent(s) 242-???Brooks School 1160 Great Pond Road(Rest-Frost-Shumway) cont fr 10/20/99 John Scott is present tlus evening and stated the consultant reviewed the stormwater management details and they Just received the comments back today,therefore,they are asking for a continuance in order to have time to address the comments Also, there is no DEP number issued yet. Mr Scott stated there seemed to be some confusion regarding Coler& Colantonio reviewing the project for the Planning Board and Con Comm. Ms Martin to call John Chessia for clarification that two people in the same company reviewing plans and not discussing them At this time 8 15 p in Joseph Lynch arrived Ms Martin stated that so far her concerns have been addressed and is Just waiting for John Chessia and Brooks Schools comments of John's issues After reviewing the plans Mr Lynch expressed concern about an increase in the size of a pipe discharging into the 25'. Mr Scott responded that it is possible to build a pipe that would discharge just outside the 25' zone Mr Lynch stated that Merrimack College had a filing with Con Comm and they were made to hold to the standards at every point Mr Scott stated they could build a detention pond and re-build it later. Mr. Lynch stated it is the time delay that bothers the Commission and the fact that if we exceed the stormwater management can we bring it back to zero? Mr Lynch suggested chambers instead of a detention pond and Mr Scott stated it would be a bit more expensive Mr Mabon suggested constructing a small detention area near the stockpiling area to be used temporarily Mike Farnola is looking for what they can do before the next meeting to expedite things Mr Lynch stated the Commission needs to understand if the 3 CFS is manageable or not and if it is, Brooks must meet it The Commission is in agreement with this Mr Mabon is in favor of an interim stormwater area if it is feasible Mr. Scott stated he doesn't feel that John Chessia thinks the 3 CFS is a big deal and he was a bit upset that he wasn't told about this at the previous meeting The Commission responded that they feel he was and Mr Lynch stated that if there is another area you should explore itl The Commission needs to remain consistent with all applicants There are no abutters present and the Commission discussed relaxing the 7 day rule for new plans The applicant is requesting a continuance until the December 1, 1999 meeting Mr Lynch made a motion, seconded by Ms Feltovic, to grant the applicant's request for a continuance until the December 1, 1999 meeting The vote of the Commission was unanimous 242-990 Lots 1-5 Campbell Rd Map 210 Block 106B (Eng Alliance, Inc) fr 10/20/99 Due to extenuating circumstances, Mark West could not be present to ask for a continuance,therefore, he sent a letter requesting one that was read by Mr Masse Ms. Feltovic made a motion to grant the applicant's request for a continuance until the December 15, 1999 meeting The motion was seconded by Mr Lynch for discussion he is concerned about the silty runoff down the road associated with the sewer line The Commission instructed Brian to take a ride out there tomorrow to investigate The vote of the Commission to grant the continuance was unanimous 242-988 Willow St Map 25 Parcel 4 (Holbrook Realty Trust) S Giles cont fr 1113199 This item was continued from the last meeting as we were waiting for the 7 days for revised plans in accordance with the Bylaw 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-??? 195 Olympic Lane (Jayavanth Shenoy) New England Eng cont from 1113199 Ben Osgood, Jr is present this evening and the only outstanding issue is the lack of a DEP file number The Commission office is in receipt of a letter from Natural Heritage stating the project is not in the wildlife habitat area On a motion by Ms Feltovic, a seconded by Mr Mabon, the Commission voted unanimously to grant the applicant's request to continue the public hearing at the December 1, 1999 meeting 242-9?? 105 Wintergreen Drive (Wyn Palmer) (New England Eng) Ben Osgood, Jr is present this evening and gave proof of mailings to the Commission The project is for the repair of a failed septic system and the property is the last house on the right in a cul-de-sac The septic is on the north side of the property and erosion control is proposed at 37' with the septic system 53' from the wetlands. Mr Osgood stated that Mosquito Brook bisects the lot and the property is within the 200' riverfront, however, a septic repair is exempt Mr. Osgood has not heard back from Natural Heritage yet The project has Board of Health approval, there is no breakout Ms Martin has no issues,just waiting for a DEP file number and word from Natural Heritage On a motion by Ms Feltovic, seconded by Mr Mabon,the Commission voted unanimously to grant the applicant's request for a continuance until the December 1, 1999 meeting. 242-992 Brooks School 1160 Great Pond Road(Richard Kaminski &Assoc) Joseph Cushing is present this evening and proof of mailings were given The project is for construction of a sewer line and connections to 2 staff homes within the Buffer Zone to a BVW The tanks are being pumped regularly as the systems have failed The 25' No Disturbance Zone is being upheld and no waivers are being requested The wetland line was confirmed this past summer through an RDA. Mr Cushing stated that most of the work proposed is outside the 100' and as the septics have failed they would like to begin as soon as possible According to Mr Cushing, Jim Rand has seen the plan and as long as they can open the road by December 1 sc it is ok by him There is a sleeve proposed around the sewer line where it crosses a PVC that eventually leads to Lake Cochichewick Erosion control is proposed around the catch basins, but Ms Martin would like to see it extended a bit along the road Also, she is asking if the applicant encounters ground water where does he plan to de-water. Mr Cushing stated that it is only a five foot trench with a 1 ``/2"pipe so no de-watering plan is necessary 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 242-9 9? 500 Great Pond Rd(Irrigation Systems) Note to abutters this item will not be heard this evening due to incompleteness Adjournment: On a motion by Mr Mabon, seconded by Ms. Feltovic, the Commission voted unanimously to adjourn the meeting