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HomeMy WebLinkAbout1999-12-15 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room December 15, 1999 Members Present- Albert P Manzi, Jr, Chairman, Scott Masse, Vice Chairman, Deborah Feltovic, John Mahon, Beth Wescott and Robert Mansour. Joseph Lynch was 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: September 15, 1999 November 3, 1999 November 17, 1999 On a motion by Mr. Mansour, seconded by Mr Masse, the Commission voted unanimously to approve, as amended,the minutes of September 151h and November 17, 1999 General Business Circuit Rider- Discussion of Riverfront Act(DEP) (Michael Abell) DEP-NERO is making its way to all of the Con Comm's in the NER to educate them on any unfamiliar or new regulations Mr Abell gave Ms Martin the Riverfront workshop plans and stated there are two circuit riders on board now and they are setting up networks and will be available to Conservation Commissions It was discussed that maybe a workshop meeting at 27 Charles Street would be a good idea. Mr. Abell will contact Ms Martin 242-460 COC 895 Forest Street(Jean Morin) (Neve Assoc)cont from 12/l/99 This was continued from the previous meeting in order for Brian to visit the site and take a measurement of the driveway Brian stated his measurements correspond with the proposed plan,there are no violations on site On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unammously to issue a COC for DEP#242-460 242-057 PCOC Lot 6A #92 Bonny Lane(Antico, Barrett, Burke& Kornitsky, LLP) The filing under DEQE#242-057 dated 5/7/79 was denied by the NACC and appealed to DEQE, who issued a superceding OOC and had jurisdiction Brian visited the site on December 10, 1999, found no violations and the site is stable Brian stated PCOC's for lots 4, 10, 11 & 14 have previously been issued and he recommends the commission issue one for lot 6A On a motion by Mr Masse, seconded by Mr Mabon, the Commission voted unanimously to issue a PCOC for Lot 6A DEP#242-057 Memorandum of Understanding—Heritage Estates(Brookview Country Homes, Inc.) Dave Kindred, Mike Rosati, John Barrows and Gary Kelloway are present this evening. They were present before the Commission about a month ago and received tentative approval for the revised plans as they met all of the requirements outlined in the Memorandum of Understanding (MOU) signed by the Con Comm and the Planning Board The MOU mandated that the Town advertise for a public meeting and notify all legal abutters, which Con Comm complied with The applicants are present this evening seeking endorsement of the Agreement of Judgement and they successfully appeared before the Planning Board on December 7th Also, abutters may be present and have questions for the applicants Tom Urbelis, Town Counsel, is also present and he have a brief history of the project Ed Burenson, an abutter on Salem Street, asked if someone could summarize what happened in the past and what's different now, it would be helpful Mr Rosati stated that the Commission issued a denial OOC and the Town entered into an agreement with the Parker's that would be acceptable. There will be no driveway within 100' of wetlands and the 25' no cut zone will be upheld except in one spot The bylaw today calls for 25/50 and the applicant is upholding that and more An abutter on Salem Street asked about the property being in the watershed district and was told that the zoning bylaws are different than the wetland bylaws and the Commission has no jurisdiction over the Planning Board Mr Rosati stated a new OOC must be issued, but no Notice of Intent is necessary Atty Urbelis stated that the project never went to trial, everyone entered into a MOU noting that new plans will be drawn up. Mr. Manzi stated that from a Con Comm point of view this project does not impose any problem with the water supply of Lake Cochichewick Mr Masse made a motion to authorize Atty. Urbelis to sign the MOU and file it with the court and the Commission will issue an OOC The motion was seconded by Ms Feltovic and the vote of the Commission was unanimous. 242-887 COC 369 Salem Street(Amrt& Sandhana Banerli)New England Eng An OOC was issued on 11/6/97 authorizing the replacement of a septic system within the 100' Buffer Zone of a BVW A waiver was granted for the erosion control to be located 23' from wetland flags A-1 and A-2 The 25 and 50 were mandated and met in all other locations The office is in receipt of a letter from a P E certifying compliance with the OOC Brian visited the site on December 101h and found a violation—there was a leaf pile between flags Al and A2. The pile was cleaned up and Brian visited the site on December 14`h, it is stable and he has no issues,therefore he recommends the Commission issue a COC On a motion by Mr Masse, seconded by Ms. Feltovic, the Commission voted unanimously to issue a COC for DEP#242-887 242-959 Amendment to Lot 4N Berry Street(Peter Hingoram) r Peter Hingoram is present this evening requesting an Amendment to an OOC that was issued a few months ago Mr Hingoram wants to cut 34' of guard rail without posting any bond money The OOC mandates that a$10,000 bond be posted prior to construction He is in a bit of a bind because he has a permit from the state to cut the guard rail and the permit expires in March of 2000 Mr Hingoram has not received approval from the Planning Board and Zoning Board yet Mr Manzi suggested posting a portion of the bond money just to cover the guard rail. Mr. Hingoram is in agreement with that suggestion and stated it would be a one day job and the closest he will be to the wetland line is 26 feet Mr Mansour made a motion, seconded by Ms. Wescott,to allow the applicant to post$500 of the bond money for the removal of the guard rail and the remainder, $9500 00, to be posted before any other work is to be done The vote of the Commission was unanimous 242-721 Bond Reduction Pinewood Subdivision(Evergreen Mgmt Corp) Tom Hurley and Atty Mark Johnson are present this evening requesting a bond reduction for the Pinewood Subdivision An OOC was issued on 1/23/95 authorizing construction of a roadway and subdivision along with underground utilities, affecting BVW The OOC expires on 1/23/00 and since they have already had two extensions they are not eligible for another extension The original bond was $60,000,two releases were approved, and the balance of the bond is $40,000 A compliance inspection was performed on 12/14/99, some wetland flags are missing and need to be re-established There is a 100 sq ft area of exposed soil between the replication area and the stone retaining wall adjacent to lot 3 There is also approximately 4"of sediment at the flared end of the out flow pipe leading into the retention area behind lot 3 No sediment has impacted the wetland,however,the detention pond and outflow pipe need to be cleaned. The strip of grass between the sidewalk and the roadway is not stabilized, the yews have been planted but the plaques have not been placed yet Brian recommends the Commission release $10,000 The Commission agreed an Enforcement Order is the appropriate mechanism to finish the work Mr Hurley stated they can take care of the exposed soil on lot 3, and regarding condition#13 the yews have been planted and the placques ordered. Mr Hurley further stated they will re-seed and re-fertilize lot 2, unfortunately some homeowners are not as diligent as others at watering and maintaining their lawn Mr Manzi was on site today and stated the project is not stable yet, replication on lot 2 is not complete and has side slope failure as of 3 00 p m today The Commission discussed what the cost of repairing would be if the slope failed and wiped out the replication area $12,600 at$3 a sq ft In a effort to be fair to the applicant and to move the discussion forward, Mr Manzi suggested a$25,000 release and the balance of the bond would not be eligible for release until next spring Mr Mansour stated that on large bond amounts we usually have breakdowns, however, we don't on this one and the as-built plan is dated differently than the plan of record Mr Manzi stated he was looking at what it would cost to fix if the applicant walked away Mr Mansour suggested releasing$15,000 due to the issues Brian raised and the plans and revisions Ms Martin stated the strips parallel to the roadway do need work Ms Wescott made a motion to release $20,000 and it was seconded, for discussion, by Ms. Feltovic. Mr. Masse asked if there were any other issues to deal with and was told the detention ponds need to be f cleaned, exposed soil to be removed by Friday, stabilize the grass strip parallel to the roadway, wetlands flags to be re-established,placards to be placed and revise the as- builts showing the amendment Mr Masse stated he has spoken to Mike Phillips and feels they are responsive Ms Wescott withdrew her motion. This item will be placed on the Janura 19, 2000 agenda to discuss the Enforcement Order Mr Masse made a motion to reduce the bond to $15,000 thereby releasing $25,000 and by agreement the applicant will not seek any further bond reduction until the spring of 2000 Also, signs, catch basins and loose loam to be done by Christmas The motion was seconded by Ms. Feltovic and the vote of the Commission was 4-2-0. 242-912 COC Lot 2 1 A Beaver Brook Road(DECM Essex,Inc) An OOC was issued on 7/16/98 authorizing the construction of a single family dwelling within the Buffer Zone of a BV W and the Outer Riparian Zone of the Riverfront Area 25/50' setbacks were mandated and met The house is outside the 100' Buffer Zone and Outer Riparian Zone The office is in receipt of a letter from a P E and RPLS and stamped As-Builts certifying compliance Brian did a site visit on December 10'h,there are no violations, the site is stable and he has no issues therefore he recommends the Commission issue a COC On a motion by Ms Feltovic, seconded by Ms Wescott, the Commission voted unanimously to issue a COC for DEP #242-912 Public Hearings (8:00 p.m.) Request for Determination of Applicability There are no Request for Determinations of Applicability this evening Notice of Intent(s) 242-990 Lots 1- 5 Campbell Rd Map 210 Block 106E (Eng Alliance) cont fr 11/17199 Mark West and Erik Heyland are present this evening and brought revised plans in to the meeting Mr Mansour made a motion to continue the public hearing to January 5,2000 since the applicant did not make the 7 day requirement The motion was seconded by Mr Masse and the vote of the Commission was 4-1-1 242-993 Brooks School 1160 Great Pond Rd(Rzst-Frost-Shumway) cont fr 1211199 John Scott and Bruce Wallin are present this evening Mr Scott stated they first appeared before the Commission on 10/20/99,posted a$2500 escrow account and are not happy with the unfavorable response by the consultant. The outstanding issues are. ➢ They didn't model the 1 year storm per the regs ➢ They submitted pictures in lieu of test logs for the pits ➢ They did not include manholes in their catch basin connection,they should do TSS calculation worksheet instead ➢ They are replacing the 18" existing pipe with a 24" It is up to the Commission whether they want the applicant to move the pipe back when installing it and provide r a rip rap apron between the new pipe and the wetland or if they would entertain replacing it in the same location and not creating any new disturbance Mr Scott stated that Coler& Colantomo has had our re-submission since 11/20/99 and has just now noticed a slight increase in total runoffl They did model that even though it was a tall order Mr Scott stated the incremental increase is minor and this is our fourth appearance and we feel we should have had a favorable response Mr Manzi stated he feels the Commission has been more than fair and bent over backwards for Brooks School and is surprised to hear you talking this way and doesn't see how the Commission can close the public hearing tonight Ms Martin stated you did not model the one year storm event and test logs were not submitted) Mr Scott stated RCS does not publish data for a one year storm event and Coler& Colantomo said most people use between 1 1/2 to 2 '/2 years Also,they submitted a TSS worksheet calculation but not in the form C & C might have liked A test pit was done, a photo taken with a ruler shown 4' down, soil good for leaching Mr Scott agreed that maybe they didn't meet the letter of the law exactly,but feels they have earned the approval of the Commission and would like the Commission to close the public hearing tonight Ms Martin confirmed with Mr Scott that the plans dated 11/8/99 are the most recent plans Mr Wallin stated that Brooks School is under terrible time constraints and are jeopardizing the summer day camp for 550 students of the Merrimack Valley Ms Wescott stated she is struggling with this since it appears some data is missing Mr Mansour stated the one year storm event is a requirement of the bylaw It was stated that if the Commission closes the public hearing tonight, as Brooks School would like,that would mean no more information at all can be taken in and a decision will be rendered at the next meeting with just the information at hand It was further discussed that if the applicant requested a continuance until the 115/00 meeting a draft decision could be prepared for that evening with any new information allowed in the interim The applicant is requesting a continuance until the 115/00 meeting. On a motion by Mr Masse, seconded by Ms. Feltovic,the Commission voted unanimously to grant the applicant's request to continue until 115100 and Ms. Martin to have a draft decision prepared for that evening 242-??? 105 Wintergreen Drive (Wyn Palmer) New England Eng cont fr 1211199 Ben Osgood, Jr is present this evening. Ms Martin stated DEP has not issued a number because they didn't receive proof of mailing to National Heritage. The office has not received a determination from Natural Heritage, therefore we can not close this evening. Mr Masse made a motion, seconded by Ms Feltovic,to continue the public hearing at the 1/5100 meeting The vote of the Commission was unanimous Decisions: 242-994195 Olympic Lane (Jayavanth Shenoy) New England Eng 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 OOC for DEP #242-994 Adjournment: On a motion by Ms Feltovic, seconded by Ms Wescott, the Commission voted unanimously to adjourn the public hearing