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HomeMy WebLinkAbout2000-05-03 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room May 3, 2000 Members Present: Albert P Manzi, Chairman, Scott Masse, Vice Chairman, Joseph Lynch, John Mabon, Robert Mansour, Beth Wescott and James Demotses, Associate Deborah Feltovic was absent 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 Minutes: February 16, 2000 March 1, 2000 March 15, 2000 April 5, 2000 April 19, 2000 On a motion made by Mr Albert Manzi and seconded by Beth Wescott, the Commission unanimously approved, as amended,the minutes of February 16, March 1 and March 15, 2000 The minutes of April 5 and April 19 were not ready for approval General Business: 242-792 Extension to OOC-Woodlea Village Sub. (Ashwood Companies) This Order was issued on 6/20/96 authorizing the construction of a cul de sac, 11 lots, utilities and associated grading The Order of Conditions was extended through 6/20/00 The second extension will extend the Order of Conditions through 6/20/01 Brian LaGrasse performed a full site inspection on May 1 st and has no issues There are no violations on site A motion was made by Scott Masse and seconded by Joseph Lynch to extend the Order of Conditions for one year through 6/20/01 The vote was unanimous 242-978 COC—50 Wild Rose Drive(Susan Blane)(Meisner Brem Corp.) This Order was issued on 8/18/99 authorizing the expansion of a deck within the buffer zone to a BVW 25/50' setbacks were mandated and met The deck is 70' from wetland flag X-9 We are in receipt of a stamped letter and As-Buil_ts Brian LaGrasse visited the site on May 1, 2000 to verify field measurements and has no issues. There are no violations on site The site is stable. The Bond is $500 00 A motion was made to issue a COC by Joseph Lynch and seconded by Beth Wescott The vote was unanimous 242-871 Amendment to OOC-Berrington Place Subdivision (Erik Heyland) This was continued from our last meeting of 4/19/00 The applicant submitted the comparison for the changes today(5/3/00)which is not in compliance with the 7 day deadline Scott Masse asked that applicant submit reasons why this should be considered a minor change rather than a moderate change Scott Masse moved to continue this Order of Conditions to our next meeting of 5/17/2000 and this was seconded by Beth Wescott The vote was unanimous 242-857 Lot Al Concord St.—Revocation of Bond (Doug Ahern) At our last meeting on 4/19/2000 the NACC voted to place the above referenced item on this agenda for the purpose of initiating revocation of the bond A letter was sent on April 20, 2000 stating our intention to do so (Via Certified Mail) Richelle Martin checked today and we have yet to receive the green card back in the mail provmy that he did receive it, therefore, we faxed it to him today at 11 30 a in On May 2" Brian LaGrasse performed a site inspection to see what work(if any)had been done on site Nothing to date Richelle Martin received a phone call from Michelle Yore who resides at 59 Concord Street, stating that her husband returned from work to find the pile in the No Disturbance Zone removed The pile was removed sometime after 11 30 a in on 5/2/00 Brian LaGrasse and Richelle Martin visited the site on 5/3/00 and outstanding issues are as follows The wetland line needs to be re-flagged by Merrimack Engineering to determine if the deck is indeed in violation The problem is that Doug Ahern hired Leah Basbanes to "re- delineate"the wetland line and her flags indicate a 2 foot violation of the 50' No Construction Zone. The wetland line needs to be re-surveyed in the field(not re-delineated) for accuracy in order to determine if the deck is in violation Richelle does not believe that it is The homeowners (at their own expense) seeded their yard approximately 3 weeks ago The yard is so rocky that Richelle does not think the area will fully restabilize itself Only sections of grass have grown Richelle Martin recommends loammg and hydroseeding which needs to be done The file pile has been removed as previously stated However,this area also needs to be stabilized with a conservation mix or equivalent The bulkhead on the Yore's side (it is a duplex) is in violation Again, the wetland line needs to be re-established to confirm this,however,Richelle believes it is in violation approximately 2 feet. The Yore's like the bulkhead and do not mind if it stays Richelle spoke to someone who says it is feasible to remove the bulkhead if we would like to and re-seal it up (a carpenter would have to re-seal it up) Pine trees also need to be planted in front of the No Disturbance Zone Mr Manzi asked if the amount of the Bond is adequate to take care of the restitution? Richelle Martin said yes it would be Mr Ken Ahern, Doug Ahern's brother,asked for a continuance of this matter and this request was denied by Scott Masse and seconded by Joseph Lynch The vote was unanimous Michelle and Michael Yore, owner of the house, were present this evening and were not aware of any violations until February A motion was made by Scott Masse to revoke the Bond and bring the property into compliance This was seconded by Robert Mansour The vote was unanimous It was further agreed that Richelle Martin, Conservation Administrator would initiate this process 242-891 COC—282 Blue Ridge Road (Peter Tyrrell) Brian LaGrasse presented and informed the Commission that this order was issued on 1/22/98 authorizing the construction of a pool within the Buffer Zone of a BVW 25'/50' setbacks were mandated The pool is 66' from the closest wetland flag B5 We are in receipt of stamped As-Builts and a letter certifying compliance with the Order of Conditions by a RPLS Brian visited the site on May 1", 2000 and has no issues There are no violations on site The site is stable The bond is $500 00 John Mabon questioned the discharge of the pool filter and pool chemicals This was in the Order of Conditions originally Robert Mansour asked if we were looking for an original signature on at least one set of plans when they're submitted It was brought to the Commission's attention and we will be sure at least one set of plans for each project has an original signature A motion was made by Scott Masse to issue the COC and this was seconded by Beth Wescott The vote was unanimous 242-972 Modification to Sewer Line- Chestnut St. (Ralph Joyce) Brian Lagrasse presented and advised Commission this is a modification request for the addition of an 8" gas main extension from Woodlea Road to Lot 12 Chestnut Street There are some differences on the plan relative to the sewer line The water main approximate location was added to the plan REV 4/18/2000 A few of the elevations have minor adjustments and the location of sewer manhole 42 has been relocated 198 Linear feet from SMH#1 instead of 300' About 2/3 of the sewer has already been installed and the remainder will be installed this summer after the children are out of school Brian recommended they reinstall all necessary erosion control and schedule a preconstruction inspection prior to work He recommended issuance of Modification and accept plans dated 4/18/2000 Scott Masse made a motion to issue the Modification and accept the plan of June 16, 1999, REV 4/18/2000 and this was seconded by John Mabon The vote was unanimous 242-998 Amendment to OOC-Harkaway Rd. Sewer Replacement(Guertin & Assocs.) This was presented by Brian LaGrasse This is for a modification request for the replacement of an existing stone and steel plate culvert with a precast concrete one They are also replacing two catch basins and the existing fence along the roadway There will be approximately 16 s f of temporary wetland impact. James Rand from DPW stated there will be no change in size, they will replace in kind Mr Rand informed the Commission that there would be a new culvert with a full bottom The trenched bottom will have gravel in it The stream will be sandbagged at both ends to stop siltation. Right now the stream is about 18" deep due to the heavy rains The sandbag work and repumping of water will take a half a day to do. The Environmental Monitor will be present through the duration of this procedure Scott Masse stated it was not necessary to reopen public hearing and made a motion to accept the Amendment to the Order of Conditions and accept additional sheet 6 dated 4/1/00 and additional sheet 9 dated 4/20/00 The motion was seconded by John Mabon The vote was unanimous 242-1006 Amendment to Order of Conditions- 125 Rea St. Richelle Martin advised the Commission that she had received a call from the Anderson's (the property owners) after they received their OOC in the mail Condition#47 reads"Prior to construction, the applicant shall remove the existing shed to be relocated outside the 50' No Construction Zone" Mr & Mrs Anderson were under the impression that it only had to be relocated outside the No Disturbance Zone as discussed at the meeting Richelle checked the minutes and they are right Richelle is requesting the amendment for them as an administrative oversight when she was drafting the OOC To move the shed 35' would cause rt to fall apart This shed was put up before it was considered wetlands The laws have changed around the shed Mr Manzi, chairman,recommended to take this under advisement pending a site visit Joseph Lynch made a motion to continue to our next meeting of 5/17/00 and this was seconded by Beth Wescott The vote was unanimous Ratification of Enforcement Order- 72 Sutton St. Richelle Martin received correspondence from Guertin& Associates regarding the westside interceptor sewer relief project that the NACC allowed to be done via an Enforcement Order Basically the DPW wanted to reconstruct an existing headwall, clean out debris and stabilize the area upon completion behind 72 Sutton Street. Richelle spoke with Scott Masse regarding their request to do the work via an Enforcement Order as he was acting chairman at the time and he did not have a problem with their request nor did Richelle Therefore Richelle issued an Enforcement Order referencing the letter received 4/26/00 by Adam Scott of Guertin& Associates and further instructed DPW to install erosion control around the outlet pipe down gradient, set up a pre-construction inspection with this Department and to have an Environmental Monitor present on site during all of the above activities The Enforcement Order needs to be ratified by the Commission Scott Masse made a motion to ratify the Enforcement Order to 72 Sutton St and this motion was seconded by Beth Wescott The vote was unanimous Ratification of Enforcement Order—93 Rocky Brook Road Brian LaGrasse informed the Commission that he had received an anonymous phone call informing him that the owner of the above property was clearing out a wetland area to put up a swing set By the time Brian had gotten there three maple trees had already been cut down in the No Disturbance Zone Brian served Enforcement Order to the owner and he anticipates compliance with the owners regarding this matter. Mr. Manzi recommended we ratify the enforcement order Beth Wescott brought up the question if there is no compliance with the Enforcement Order by the owner what are ramifications? Scott Masse recommended we issue a fine retroactive to May 1 st if owners do not comply by May 15'h of $100/day When Enforcement Order is complied with, all fines will be considered waived. A motion to ratify this Enforcement Order with the above stipulation was made by Scott Masse and seconded by Beth Wescott The vote was unanimous Decisions: 242-1004 30 Sherwood Drive(Subhas Mukher_iee)(Merrimack Engineering) The Commission had closed the Public Hearing at our last meeting of 4/19/00 with a decision to be made in 21 days Revised plans have been submitted and everything is in order A motion was made by Joseph Lynch to ratify this NOI as drafted and this was seconded by Beth Wescott The vote was unanimous 242-1009 22 Raleigh Tavern Lane (Joseph & Theresa Harb)(Merrimack Eng.) This NOI was presented at our last meeting of 4/19/00 with a decision to be made in 21 days It is for the replacement of a failed septic system within the Buffer Zone to a Bordering Vegetated Wetland(BVW) A motion was made by Scott Masse to ratify this NOI as drafted and this was seconded by John Mabon The vote was unanimous Public Hearings (8 p.m.) Notice of Intent(s) 242-1010 Abbott Street(DPW)(Hancock Environmental Consultants) Julie Parino from Hancock Environmental Consultants submitted all of the information regarding the concerns Richelle Martin raised at the last meeting in accordance with our Bylaw(7 days) She did not, however, get the agreements from the homeowners as of today Therefore she is requesting a continuance to our 5/17/00 meeting Joseph Lynch questioned the viability of this project and that the abutters need to be notified in writing about the proposed sidewalks James Rand from the DPW was present and stated that a letter will be sent out to the abutters explaining the project Mr Rand verbally informed the Commission that there would be a 2 1 replication,however, the Commission requested that this be presented in writing Julie Parmo stated only about 12 s f and 130 s f of replication would be necessary A motion to continue until 5/17/00 was made by Beth Wescott and seconded by Joseph Lynch The vote was unanimous 242-1011 Boston Ski Hill(Mesiti Development) Richelle Martin met with Mike Rosati on site on Monday, April 241' She asked that he revise the plans to suit her recommendation in the field regarding restoration and the wetlands across the street They have requested a continuance to our 5/17/00 meeting Richelle has the 2 files (#242-20 and 242-90)that Mrs Fmk raised at our last meeting and she is currently reviewing them to see if and how they may relate to this project(they were issued in 1977) Marchionda and Associates will have revised plans to us by 5/10/00 A motion was made by John Mabon to continue to our meeting of 5/17/00 and this motion was seconded by Joseph Lynch The vote was unanimous 242-9961812 Turnpike St. (The Equestrian Shop)(Allen & Major) Richelle has not received any new information since March After speaking with Sandra Starr(Board of Health), the testing was complete on site (in April) and she believes that the areas will have to be re-tested John Chessia has not received any new information either Richelle needs to be kept informed as to what is going on Gary Scola was present representing Allen& Major The Commission informed him that he needs to send information to John Chessia with a CC to Richelle Martin, Conservation Administrator A motion was made by Scott Masse to continue this NOI to our meeting of 5/17/00 The motion was seconded by John Mabon The vote was unanimous Abbreviated Notice of Resource Area Delineation 242-1001 Greene Street Wetland Confirmation Richelle Martin advised the Commission that the revised plans were submitted by WPI in accordance with our Bylaw(7 days) and they depict everything as outlined in the NH Soils review They also removed the"area of previous disturbance" as well Beth Wescott raised the question about the open area with 2 stormwater drainage areas underground Beth stated the delineated resource areas shown are very different on this plan presented Scott Masse asked that the plans show setbacks of the 25, 50 and 100' setbacks from intermittent stream. Denise Call of 16A Margate Road was present and asked why are there flags to Margate Road'? She was told that it was for delineation of where disturbance begins and ends She wanted to know if it would open up a paper street? The answer was that this could follow at a later time The plan now presented is strictly for delineation of wetland areas A request was made to continue to our next meeting on 5/17/00 A motion was made by Beth Wescott to continue to 5/17/00 and this was seconded by Scott Masse The vote was unanimous 242-1008 Kenwood Street& Mass. Ave. (Richmond Realty Trust) Richelle Martin advised the Commission that the revised plans were submitted by WPI in accordance with our Bylaw(7 days) and they depict everything as outlined in the NH Soils review They also removed the"area of previous disturbance"as well A request was made to continue this ANRAD to our next meeting on 5/17/00 A motion was made by Beth Wescott and seconded by Scott Masse to continue this to our meeting of 5/17/00 The vote was unanimous 242-1003 Eagle Tribune— 100 Turnpike Street(VHB) Richelle Martin presented and brought up the memo from John Chessia which stated he did not receive any new information until April 28th (which contradicts what VHB stated at our last meeting-they said they would have it out the door that Friday(April 21 St)) Jim Rand also wrote a memo addressing his concerns and he is present tonight The bottom line is that John Chessia's review is not complete due to insufficient time Also, Beth Wescott drove by the Eagle Tribune and saw that all of their equipment is stored on the property ready to go Lisa Stanley from VHB was in attendance and stated that the equipment on site is new equipment to be placed eventually in the new proposed addition Lisa also stated that everything was submitted in a timely fashion She informed the Commission that there are 2 separate issues 1) Onsite improvement to Eagle Tribune with installation of new parking area and 2) restoration of native vegetation and water quality Ms Stanley said that the project would improve water quality but they needed to extend the topographic area in order to fix drainage and water quality Ms Stanley wanted to know if bio-engineering is the way to go and if fixing of the catch basin is OK by the Commission? She stated it will take weeks to develop on site plans and she wished to proceed with the project soon The DPW has a concern with erosion and off-site drainage Jim Rand, Director of Engineering for DPW,presented and informed the Commission that VHB was made aware of problems several weeks ago The current building is the problem today Mr Rand informed the Commission that Bob Dion in 1991 attempted to take care of erosion problems and it was unsuccessful Mr Rand advised the Commission that the proposed storage project is a 25% increase and that it would cause damage to a wetland and further erosion to a ditch Lisa Stanley stated erosion problems will not increase - water will be released at a slower rate The project is a redevelopment in full compliance given a developed site already Coler& Colantomo is asking for redirection of basin from front to back Scott Masse stated that if applicant wants to continue we will continue only after we hear from Coler& Colantomo, our consultant Mr Manzi, Conservation Chairman, advised that if VHB wants to move forward now, the Conservation Commission could move for an enforcement order as we would be closing with Order of Conditions without all information being in Mr Manzi stated we needed all information and all of this information needed to be reviewed before we proceed any further Lisa Stanley asked the Commission what do you want VHB to do? Mr Manzi advised Ms Stanley again that we need all information from all sources first and then we need to review it The burden is on the applicant Scott Masse advised that if VHB has a better idea than Coler& Colantomo then by all means please submit it to them Scott recommended that VHB spend some time with John Chessia of Coler& Colantomo and then submit it Jim Rand of DPW advised the Commission he needs time to review the data he has He thought there would be a survey crew out there when they went to the site inspection and none was there at all VHB, needs to come up with new topography A motion was made by Robert Mansour to continue to our meeting of June 7, 2000 and this was seconded by Scott Masse The vote was unanimous In the meantime Richelle Martin will coordinate with all parties concerned. VHB, stated that everything will be finalized and in by May 315t which is the deadline to be on the Agenda for June 71", 2000 VHB needs to re-advertise by May 19t" in order to be placed on the June 71" agenda Abutters present had no questions at this time 242-1007 1370 Turnpike St. (Begjamin Farnum)(Thomas Neve) This NOI was continued from our meeting of 4/19/00 Richelle Martin had no outstanding issues and recommended we close the public hearing Ms Martin also informed the Commission that she had a decision prepared for this evening A motion was made to close this NOI and issue a decision tonight by Scott Masse which was seconded by Beth Wescott The vote was unanimous 242-1012 357 Dale St. (Frederick McCarthy)(N.E. Engineering) This NOI was continued from our meeting of 4/19/00 Richelle Martin had no outstanding issues and recommended we close the public hearing Ms Martin also informed the Commission that she had a decision prepared for this evening. A motion was made to close this NOI and issue a decision tonight by Robert Mansour which was seconded by Beth Wescott The vote was unanimous Decisions: 242-1007 1370 Turnpike St. (BegiaminFarnum)(Thomas Neve) This NOI was closed tonight and Richelle Martin recommended we issue an Order of Conditions on the above property as revised plans are in and everything is in order A motion was made by Robert Mansour and seconded by Beth Wescott to close and issue an Order of Conditions The vote was unanimous 242-1012 357 Dale St. (Frederick McCarthy)(N.E. Engineering) This NOI was closed tonight and Richelle Martin recommended we issue an Order of Conditions on the above property as presented A motion was made by Robert Mansour and seconded by Joseph Lynch to close and issue an Order of Conditions The vote was unanimous A motion was made to adjourn at 9:15 p.m. by Joseph Lynch and seconded by John Mahon. The vote was unanimous.