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HomeMy WebLinkAbout2000-04-19 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room April 19,2000 Members Present: Scott Masse, Vice Chairman, John Mabon, Beth Wescott and Deborah Feltovic Absent were Albert Manzi, Chairman, Robert Mansour, Joseph Lynch and James Demotses, Associate Staff Present: Richelle L Martin, Conservation Administrator, Brian J LaGrasse, Conservation Associate and Germaine L Ouellette, Secretary The meeting was called to order at 7 p in by Scott Masse, Vice Chairman Minutes: No minutes were accepted General Business: 242-158 PCOC - 324 Bear Hill Road Lot#67 (Pravin B Shah) This Order was issued on 10/12/82 authorizing the construction of Bear Hill Lot#671s a non jurisdiction lot and is administrative Brian LaGrasse visited the site on April 5, 2000 and had no issues The site is stable A motion was made by Beth Wescott and seconded by Deborah Feltovic to accept this PCOC The vote was unanimous 242-816 Extension to OOC - Campbell Forest Subdivision(Mesrti Dev) Brian LaGrasse presented and stated that this Order was issued on 5/8/97 authorizing construction,of Campbell Forest Subdivision and is set to expire on 5/8/00 This will be the first extension extending the Order of Conditions through 5/8/01 A letter dated April 12, 2000 was sent mandating the replacement of erosion control in a few areas and hydroseedmg Brian inspected the site on 4/19/00 and had no issues The erosion control was replaced and fixed The site has not been hydroseeded as of this date due to the weather Brian spoke with the hydroseeder who stated they are going to start up in two weeks Brian discussed this with Alan Russell and determined that the subdivision will be hydroseeded by no later than May 10, 2000 There are no violations on site Everything complies with the Order of Conditions A motion was made by John Mabon and seconded by Deborah Feltovic to issue the Extension to the Order of Conditions through 5/8/2001 The vote was unanimous 242-871 Amendment to OOC - Berrington Place Subdivision(Erik Heyland) This was continued from our last meeting on 4/5/00 Joseph Lynch wanted to review the Amendment to see if abutters needed to be notified or if a new filing was necessary The supercedmg Order was issued on 10/7/98 authorizing the construction of a seven lot residential subdivision including portions of the roadway, grading,utility installation and stormwater management systems within the 100' Buffer Zone of a BVW The October 7, 1998 Order of Conditions would be governed by the old Bylaws per the Commission. The amendment request is for the redesign of the subdivision from eight lots down to 4 lots with one remaining unbuildable The roadway length has been shortened with less impervious area,the number of houses has been decreased from 7 to 3 and the location of the detention basin has been changed The only things in our jurisdiction are the entrance roadway and the detention basin The emergency spillway of the detention basin is proposed 85' from the wetland basin Beth Wescott felt the changes presented were extensive Beth was looking to know what the square footage approved versus square footage proposed was It was determined that the approved s f was 25,600 versus 35,000 s f proposed now It was felt that the plan needed to show how it will impact the wetlands A motion was made to grant a continuance to our next meeting on 5/3/00 in order to show project changes to be considered minor project changes as opposed to a moderate change in plans Otherwise it would have had to be re-opened as a public hearing if changes were moderate A motion was made by John Mabon and seconded by Beth Wescott to continue this to our next meeting of 5/3/00 so that applicant can submit revised plans showing this project to be only a minor project revision The vote was unanimous Ratification of Enforcement Order—46 Shannon Lane (James Burnham) Brian LaGrasse received an anonymous call stating there was a backhoe in the wetlands at 46 Shannon Lane Upon site inspection, Brian found a backhoe digging out the wetlands to make a skating pond Brian informed the owner to seize and desist immediately and that he would be fined $200 a day until the wetlands were restored to the Commission's satisfaction Scott Masse requested Brian to go back again on 4/20/00 to make sure the backhoe and work had been stopped Scott also suggested we follow this up with a formal letter to the homeowner informing him of the above. A motion was made by Beth Wescott and seconded by Deborah Feltovic to accept this course of action The motion was unanimous 242-857 Violation Lot Al Concord Street(R Martin) Richelle Martin informed the Commission that the owner had made no attempt to bring the property into compliance and that owner was being fined $200/day since February 17, 2000. Scott Masse made a request that we seize the$3,000 bond being held It was further requested that we notify the owner in writing that we would be revoking the bond on 5/3/00 and this would be put under General Business at our next Con Corn Meeting of 5/3/00 Beth Wescott made a motion to take action to revoke the bond on 5/3/00 and this was seconded by John Mahon The vote was unanimous Decisions: 242-1006 125 Rea Street(Joseph G Anderson) This NOI was presented at our last meeting on 4/5/00 and a motion was made at that meeting to issue an Order of Conditions in 21 days Richelle Martin prepared a decision for the Commission's review A motion was made by John Mabon to ratify the decision and this was seconded by Deborah Feltovic The vote was unanimous 242-829 Amendment to Order of Conditions -Holt Rd Landfill (DEP) Richelle recommended we deny this request for an amendment to the Order of Conditions A motion to deny was made by Deborah Feltovic and seconded by John Mabon to deny the Amendment to the Order of Conditions The vote was unanimous The Committee recessed at 7:35 p.m. Public Hearings (8 p.m.) Request for Determination of Applicability 262 South Bradford Street(John Zahoruiko)(Michael Howard) Richelle Martin informed the Commission that this RDA is for confirmation of a resource area only No work is proposed Richelle met with Michael Howard on site and walked the wetland line It is accurately depicted on the plan and Richelle had no issues Richelle recommended we issue a positive determination of applicability referencing plans dated 1/3/00, REV 3/17/00 A motion was made by John Mabon and seconded by Deborah Feltovic to issue a positive determination The vote was unanimous. Abbreviated Notice of Resource Area Delineation 242-1001 Greene Street Wetland Confirmation(WPI)cont fr 4/19/00 Richelle Martin informed the Commission that this was continued from our last meeting so they could revise the plans to suit our consultant's recommendations They revised the plans,however, they were not submitted in accordance with our Bylaw(7 days prior to the meeting) so we must continue In addition, Richelle Martin had two issues with the revised plans and believe they should be revised again The revised Bank delineation was supposed to follow contour 20 and it doesn't appear as though contour 20 is appropriately depicted on the plan In addition and comment#2 is the area they are showing as previously disturbed The Commission should not entertain this request at this time, because section 10 58 (5)(Riverfront Area in the Wetlands Protection Act) specifically states that redevelopment provisions allow for the restoration or mitigation of degraded riverfront areas provided the proposed work improves existing conditions As we all know no work is proposed at this time We should continue the public hearing to 5/3/00 with the following instructions Revise the plans redefining elevation 20 (it doesn't appear to be accurately depicted) Take the"limit of previously disturbed area"off of this plan We want to be able to reference the plan as our Plan of Record and we shouldn't until it is removed The plans are not stamped by a Surveyor(RPLS) and need to be A motion was made by Deborah Feltovic to continue to our 5/3/00 meeting and this was seconded by Beth Wescott The vote was unanimous 242-1008 Kenwood Street& Mass Ave (Richmond Realty Trust)cont fr 4/19/00 This was continued from our last meeting They submitted revised plans, but didn't comply with our 7 day submittal policy before the meeting (in the Bylaw) Richelle Martin recommended we continue this to our next public hearing on 5/3/00 with the following instructions The plans need to be revised again eliminating the"limit of previously disturbed area", plans need to be stamped by a RPLS, and the bank on the intermittent stream needs to be labeled (the flags) A motion was made by Deborah Feltovic and seconded by Beth Wescott to continue to our 5/3/00 meeting The vote was unanimous Notice of Intent(s) 242-999 1679 Osgood St (Richard Kaminski &Assocs )cont fr 4/19/00 Mr Kaminski spoke and requested a continuance to our 5/17/00 meeting He wants to wart to go before the Zoning Board on 5/9/00 He is still working with Coler& Colantomo on the drainage issues and everything should be resolved by then He stated the size of the ' building is too large and it would be appropriate to scale down original size of building by 4,000 feet less This would increase the impervious area slightly and he would be adding more parking on the revised plans A motion was made by Beth Wescott and seconded by Deborah Feltovic to continue this to our 5/17/00 meeting The vote was unanimous 242-1003 Eagle Tribune (Vanasse Hangen Brustlin, Inc)cont fr 4/19/00 The Conservation Commission has received a letter from the State Ethics Committee stating there is "no conflict of interest on behalf of VHB" and this letter dated April 13 should be incorporated into our files Richelle Martin stated that we have a reviewed outline by John Chessia They(Coler& Colantomo) conducted a site visit with VHB, DPW and one of the abutters last week to address the drainage concerns There are several outstanding issues specific to the Stormwater Management Policy that Mr Chessia is currently addressing with them Mr Chessia did state to Richelle Martin over the phone today,that they are trying to classify their proposal as a re-development project under the Stormwater Management Policy, but Mr Chessia disagrees since they are adding impervious area(new pavement) They are going to have to perform some work in the wetland to improve current drainage issues and bring the property into compliance with the Stormwater Management Policy The way the parking lot is pitched now, sand enters the wetland as a result of snow stockpiling and rain(sheet flow) during the winter and spring months Lisa Stanley, Managing Director for VHB spoke and advised the Commission that they are looking into bio-engineering techniques to control erosion They are also looking into off-site drainage problem solutions No abutters had any questions. A motion was made by Deborah Feltovic and seconded by Beth Wescott to continue until 5/3/00 The vote was unanimous Lisa Stanley from VHB asked the Commission to consider closing and making a decision at the 5/3/00 meeting. Scott Masse said that the Commission would try to accommodate this project, however, final plans need to be submitted to the Conservation Commission 7 days before the next hearing. 242-1004 30 Sherwood Drive(Merrimack Engineering) Richelle Martin presented and advised the Commission that this was continued from our last meeting in which we requested revised plans showing the proposed retaining wall outside the 100 yr floodplam We are in receipt of revised plans and they were submitted in accordance with our Bylaw Ms Martin made a recommendation to close the public hearing and issue a decision in 21 days A motion was made by Beth Wescott and seconded by Deborah Feltovic to close and issue a decision in 21 days The vote was unanimous 242-1007 1370 Turnpike St(Benjamin Farnum)(Thomas Neve)cont fr 4/19/00 This was continued from our last meeting Revised plans were submitted, but not in accordance with our 7 day policy Richelle Martin made a recommendation that we continue to our meeting of 5/3/00 A motion was made by Deborah Feltovic and seconded by Beth Wescott to continue to our next meeting on 5/3/00 The vote was unanimous Richelle Martin stated that she would try to get a decision ready for this meeting also 242-1010 Abbott St (DEP)(Hancock Environmental Consultants) This NOI is for a proposal to construct sidewalks on Abbott Street in compliance with ADA requirements, roadway widening, grading and headwall construction within the Buffer Zone to a BVW Brian LaGrasse and Richelle Martin walked the wetland lines with Julie Parmo and they are accurately depicted on the plan Roadway improvements are considered limited projects under the Act 44 s f of BVW will be temporarily altered and will be restored in kind 70 s f of BVW will be permanently altered as a result of the headwall reconstruction 4 linear feet of Bank will be temporarily impacted from the footings and will be restored in kind The only concerns that Richelle had are that any stockpile areas must be located outside the 25' NDZ and should be depicted on the plan and their dewatering plan addresses bypassing the water after damming it up,but does not show a dewatering basin in the event that they encounter groundwater they need to have a plan approved and in place Scott Masse questioned the ADA requirements Jim Rand, Director of Engineering, informed the Commission that it was mandated to make the sidewalks handicap accessible The Commission also requested that each individual property owner sign a document stating they are in agreement with the installation of these sidewalks If any owners say "no"the DPW would be very limited in the amount of work they could do The owners already approached seemed to be agreeable to the sidewalks Joseph Sarcia, 61 Abbott St ,-was present and asked about the telephone pole that needs to be moved Mr Rand advised Mr Sarcia that it may need to be moved approximately 2 feet Another owner, Mr David Craven of 76 Abbott St stated that he would be giving up about 14 feet of his property There is also a large sugar maple tree on his land and was wondering what would happen with 1t Would the tree be removed9 Mr Rand stated that they may be able to get an easement in order to save the cutting of trees Mr Craven asked how long the project would take9 Mr Rand stated they would get in and out as soon and as fast as possible Mr Rand would need to get a full construction schedule in order to answer this question Mr Craven also asked about property restoration Mr Rand said that he would work with the owner for property restoration. Beth Wescott asked how far up Abbott St. would the sidewalks go9 Mr Rand stated it would go right up to the Sargent School A motion was made by Deborah Feltovic and seconded by John Mabon to continue to our 5/3/00 meeting with the condition that Richelle Martin put together a punch list for this project and that letters be sent out to all property owners The vote was unanimous 242-1012 357 Dale St(Frederick McCarthy)(N E Engineering)cont. fr 4/5/00 This was continued from our last meeting of 4/5/00 The plans have been revised to suit A-2 wetland flag that needed to be changed in the field The garage is 30 to 32 feet from the wetlands now The revised plans and the proposed addition does meet our 50' No Construction Zone, but were not submitted in a timely manner(didn't meet our 7 day policy) A question was raised if homeowner could start demolishing the garage all by hand at this time? Scott Masse stated homeowner could"go at his own peril." Homeowner must also keep the dumpster greater than 50' from the wetlands A motion was made by Deborah Feltovic and seconded by Beth Wescott to continue this to our 5/3/00 meeting with a decision to be made that evening The vote was unanimous 242-1009 22 Raleigh Tavern Lane(Joseph& Theresa Harb)(Merrimack Eng)cont fr 4/5/00 This NOI is for the replacement of a failed septic system within the Buffer Zone to a Bordering Vegetated Wetland(BVW) The wetland line has been confirmed by Richelle Martin in the field Erosion control is accurately depicted on the plan. They are going before the Board of Health on April 27 h of this month for a waiver They meet the 25'/50' setbacks Proof of mailings were presented A motion was made by Deborah Feltovic and seconded by Beth Wescott to close and issue a decision in 21 days The vote was unanimous 242-1011 Boston Ski Hill(Marchionda& Associates) This NOI proposal is for removal of the existing shed and ski lodge which are both currently located in the 25' NDZ Therefore, they will need a waiver to do so, and will need to prepare a restoration report Richelle Martin spoke with Mike Rosati on 4/19/00 and they both agreed to meet on site and evaluate the existing conditions to see if there is a cellar and how many feet below grade the foundation exists They will develop a restoration report thereafter This NOI is also for the construction of one townhouse within our jurisdiction The building is proposed exactly 50' from the isolated wetland. Grading is also proposed, but will take place outside the 25' NDZ Stockpiles will be located outside the Buffer Zone Wetland resource areas have already been confirmed under an RDA They are exempt from the Riverfront Act and the Stormwater Management Policy as confirmed in a letter included in the NOI from Michael Howard The only issue Richelle has is the restoration of the NDZ and that can be addressed after Mike Rosati and she meet on site next week John Mabon wanted to know if the utilities are shown on the plan9 All utilities are outside the Buffer Zone and the development will be on sewer Mrs Bernice Fink, an abutter to this development, presented a letter dated 4/19/00 to the Commission Scott Masse informed Mrs Fink that he would only address the conservation issues and not the Zoning laws The detention pond area is of great concern to Mrs Fmk This detention pond is very close to the wetlands on Mr & Mrs Fink's land The detention pond needs to be shown on the plan Mike Rosati and Mr Henry Fmk should talk further about this Mrs Fmk also stated that there is a conflict as to who owns this property now Mike Rosati stated he would research the owners of this property A motion was made by Deborah Feltovic and seconded by Beth Wescott to continue this to our 5/3/00 meeting The vote was unanimous A motion to adjourn was made by Beth Wescott and seconded by Deborah Feltovic at 9 3 5 p in The vote was unanimous I