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HomeMy WebLinkAbout2000-07-19 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room July 19,2000 Members Present: Scott Masse, Chairman,Albert Manzi, Vice Chairman, Joseph Lynch, John Mabon, Robert Mansour, Deborah Feltovic and Robert Cerchione, Associate were present Beth Wescott and James Demotses were absent Staff Present: Brian LaGrasse, Associate and Germaine L Ouellette, Secretary At 7 20 a quorum was reached and Albert Manzi, Vice Chairman called the meeting to order General Business: 242-994 COC - 195 Olympic Lane (Jay Shenoy)(N E Engineering) Brian LaGrasse informed the Commission that this Order was issued on 12/15/99 authorizing the replacement of a septic system within the Buffer Zone to a BVW and within the riparian zones to Boston Brook They have submitted stamped As-Builts and a letter from the engineer certifying compliance with the Order of Conditions The 25'/50' were mandated and met Brian visited the site on 7/19/00 and had no issues The site is stable There are no violations on site The Bond is $1,500 00 Brian LaGrasse recommended issuance of the COC and release of the Bond A motion was made by Deborah Feltovic and seconded by Jack Mabon to issue a COC for 242-994 with the release of the $1,500 Bond. The vote was unanimous At 7 25 Scott Masse, Chairman, arrived after taking care of some Conservation business. At that point he took over the meeting Minutes: No minutes were accepted 242-950 COC - 48 Paddock Lane (Merrimack Engineering) This Order was issued on 3/24/99 authorizing the replacement of a failed septic system within the Buffer Zone to a BVW They have submitted stamped As-Builts and a letter from the engineer certifying compliance with the Order of Conditions per Brian LaGrasse The 25'/50' were mandated and met Brian visited the site on 7/19/00 and had no issues The site is stable There are no violations on site. The Bond is $1,500 At that point Albert Manzi made a motion to accept the COC,however,then Joseph Lynch questioned dates and revision of dates on the Plan submitted The applicant had resubmitted the original record drawing Plan Albert Manzi withdrew his motion at that point Joseph Lynch made a motion to deny the certification of the Plan and also deny certification of the letter. This motion was seconded by Albert Manzi The vote was unanimous y� 242-783 PCOC -Lot 2/#44 Abbott Street(Mesrti Development) Brian LaGrasse presented and informed the Commission that this Order was issued on 2/8/96 authorizing the construction of four single family dwellings,utilities, driveways and associated grading within the Buffer Zone of a BVW The 25'/50' were mandated and met They have submitted stamped As-Builts and a letter from the surveyor certifying compliance with the Order of Conditions. Brian visited the site on 7/19/00 and had no issues The site is stable There are no violations on site The Bond for this lot is $3,000 and Brian is requesting release of this Bond A motion was made by Albert Manzi to grant a PCOC for 242-783 Lot 2/#44 Abbott Street and release of the$3,000 Bond and this was seconded by Deborah Feltovic The vote was unanimous 242-783 PCOC—Lot 3/02 Abbott Street(Mesita Development) This Order was issued on 2/8/96 authorizing the construction of four single family dwellings,utilities, driveways and associated grading within the Buffer Zone of a BVW The 25'/50' were mandated and met They have submitted stamped As-Builts and a letter from the surveyor certifying compliance with the Order of Conditions Brian visited the site on 7/19/00 and had no issues The site is stable There are no violations on site The remaining Bond is $3,000 This will now close out DEP #242-783. Brian recommended issuance of the PCOC for Lot 3 Abbott Street and release of the remaining $3,000 of the Bond A motion was made by Albert Manzi to grant this PCOC for Lot 3/#32 Abbott Street and release of the $3,000 Bond and this was seconded by Deborah Feltovic The vote was unanimous Decisions: 242-1023 4 Kathleen Drive (Bruce& Diane Carey) This NOI is for the construction of a 12'X12' wood deck within the Buffer Zone to a BVW At our last Conservation Commission meeting this project was closed and a decision was to be made within 21 days Brian LaGrasse has prepared the Order of Conditions conditioning the removal by hand of the yard waste located in the 25' No Disturbance Zone and prior to construction the shed shall be relocated out of the 50' No Construction Zone John Mabon made a motion to accept the Order of Conditions as drafted and this was seconded by Deborah Feltovic Joseph Lynch abstained from voting Therefore the vote was 4 approving the Order of Conditions and one abstaining 242-1022 93 Rocky Brook Road(Leah Basbanes) This NOI is for the expansion of an existing driveway within the Buffer Zone to a BVW The limit of work proposed is 37' from the BVW This project was closed at our last meeting and a decision to be made within 21 days Brian LaGrasse drew up the Order of Conditions A motion was made by John Mabon and seconded by Albert Manzi to accept the Order of Conditions as drafted for 242-1022. The vote was unanimous At 7:40 P.M. a motion to recess was made by Albert Manzi and this was seconded by Deborah Feltovic. The vote was unanimous. Public Hearings (8 P.M.) Request for Determination of Applicability There are no RDA's this evening Notice of Intent(s) 242-1020 492 Sutton St (Mass Aeronautics Com)(Dufresne-Henry,Inc )cont fr 7/5/00 We are in receipt of a written request to continue this NOI to our meeting of August 2, 2000 A motion was made by Albert Manzi and seconded by Deborah Feltovic to continue 242- 1020 to our meeting of August 2, 2000 The vote was unammous 242-1011 Boston Ski Hill (Mesiti Development)cont fr 7/5/00 We are in receipt of a written request to continue this NOI to our meeting of August 16, 2000 A motion was made by Albert Manzi and seconded by Deborah Feltovic to continue 242-1011 to our meeting of August 16, 2000 The vote was unanimous 242-1019 1175 Turnpike Street(BC Realty Trust)(Clean Soils Envir,Ltd)cont fr 6/21/00 At 8 03 P M no representative was present'for this NOI A suggestion was then made by Scott Masse, Chairman, to continue this NOI to our next public hearing in two weeks Joseph Lynch made a motion to continue this NOI,however,at this point John Soucy, representative for the project arrived at 8 05 P M With that Joseph Lynch withdrew his motion to continue this NOI for two weeks Brian LaGrasse presented and informed the Commission that we are in receipt of correspondence from John Chessia of Coler& Colantomo dated July 12, 2000 recommending that the grassed swale be lined with stabilizing fabric to prevent erosion and siltation prior to vegetative stabilization and this can be conditioned in the Order of Conditions. A motion was made by Robert Mansour to close the public hearing on 242-1019 and issue a decision in 21 days This motion was seconded by Joseph Lynch The vote was unanimous 242-871 Amendment to OOC - Bemngton Place Subdiv (Erik Heyland)cont fr 7/5/00 Abutters were present for this project Brian LaGrasse informed the Commission that at the last meeting there was only one issue which had not been resolved with Coler& Colantomo He has since received confirmation from Coler& Colantomo that everything has been resolved Mesiti Development has added a gas line to the amendment plans to be installed under the roadway John Chessia of Coler& Colantomo did not have any issues with the gas line and he sent correspondence stating that it doesn't change their review or any drainage issues, etc Tim Ippolito, an abutter, asked the Commission if they could get a right of way from the circle of the new road down into the wetlands? Ken Ahern from Mesiti Development stated that this is now going through the Planning Board to make this a private road The easement on the Plan is for utilities for the Town only to have access if necessary Mr Ippolito seemed satisfied that this is a private road and would remain a private access only John Mabon made a motion to close and issue an Amendment to the Order of Conditions for 242-871 referencing Plans dated 3/21/00 for sheets 1 and 2 and 3/21/00 REV 7/11/00 for sheets 3 and 4 This motion was seconded by Deborah Feltovic This motion was opposed by Joseph Lynch The final vote was 4 for issuing the Amendment to the Order of Conditions and one opposed The motion was carried 242-1024 5 Skyview Terrace (Andrew Chaban)(Howe Surveying Associates) All abutter mailings were presented and checked Brian stated that this NOI is for the construction of a 23'X24' addition to the existing single family dwelling The addition is proposed within 100' of the Buffer Zone to a Bordering Vegetated Wetland. The addition is proposed 66' from the BVW on the south side and 87' from the BVW on the western side of the property The plan has silt fence and double-staked haybales located in an appropriate location They meet the 25'/50' set backs The only issues Brian had were there is a pile of yard waste in the 25' NDZ near wetland flag A8 that has been mostly removed and portions of the fence along the back of the property are in the NDZ The yard waste pile was mostly cleaned up at the time of the site walk but a little more needed to be removed Brian stated he could condition it to be removed by hand prior to construction The moving of the fence can also be conditioned Brian recommended closing the public hearing and issuing a decision in 21 days for 242-1024 At this point Robert Mansour pointed out that the 25' and 50' zones were mislabeled on the Plans They should read 25' No Disturbance Zone and 50' No Construction Zone Joseph Lynch stated that this was only a technicality Albert Manzi brought up the point of the vernal pool distance being only 66' at the south side of the property Brian LaGrasse informed the Commission that this is not a certified vernal pool as such There is no inflow or outflow of water He also stated that the 66' is below mimmum but it's on the other side of the culvert It was also brought up that a vernal pool does not have to be certified as such by the DEP Albert Manzi stated that there is a 75' No Build Zone and no structures should be put in He referred to P 11 #4 Section B of the Wetlands Protection Bylaw which states"No structures shall be permitted within 75' of the delineated edge of an Ephemeral Pool or the encompassing wetland resource area(Ephemeral Pool Habitat) Joseph Lynch saw it as a break between the vernal pool and the side of the culvert The Commission wanted to know where exactly the vernal pool was? The Commission was told that off to the side is the culvert and that is the break point to the vernal pool Joseph Lynch stated that the RDA Plan does show topography more extensively and shows a vernal pool at Wetland Flags Al-A6 and Wetland Flags A9-A14 are designated as BVW However A10, 11 and 12 Wetland Flags are deviating away from the vernal pool and would be in compliance with our bylaw Robert Mansour brought up that on the original Plan no terrace was shown, however, on this Plan there is a terrace which is potentially in the 75' No Build Zone Mr Mansour asked how big the terrace would be and what material it would be comprised of? The terrace will be 24'X20' and will probably be comprised of either pavers or flagstone They will not be a foundation poured Mr Mansour would also like to see the hay bales right along the 50' line—not at a right angle A motion was made by Robert Mansour and seconded by Joseph Lynch to close and issue a decision in 21 days for 242- 1024 The vote was unanimous Brian LaGrasse had a decision ready for this evening Decision: 242-1024 5 Skyview Terrace(Andrew Chaban)(Howe Surveying Associates) Brian LaGrasse prepared an Order of Conditions for 242-1024 Mr LaGrasse stated that the proposed terrace meets the setbacks and the Bylaws Mr Manzi still felt that the 75' setback should be applicable and that the proposed addition would comply if the terrace had not been added A poll was taken and the vote was 3 for No Waiver Needed and 2 for the Waiver Therefore the vote carried that no waiver request would be needed. Order of Conditions to include In order to prevent any alteration of wetland resource areas a 25' No Disturbance Zone and a 50' No Construction Zone shall be established from the edge of the adjacent wetland resource area designated by wetland flags A9-A14 and a 50' No Disturbance Zone and a 75' No Construction Zone shall be established from the edge of the adjacent wetland resource areas designated by wetland flags Al-A6 A row of double staked hay bales backed by trenched siltation fence shall be placed between all construction Areas and wetlands and shall not cross the 50' No Construction Zone or the 50' No Disturbance Zone. Prior to construction, the applicant shall remove all yard waste out of the 25' No Disturbance Zone by hand Applicant is responsible to provide weekly progress reports The applicant shall move the post and rail fence out of the 25' No Disturbance Zone and relocate it along the upland side of the 25' No Disturbance Zone by hand, to act as a barrier to prevent future encroachment A motion was made to accept as drafted and amended the decision for 242-1024 - 5 Skyview Terrace by Joseph Lynch and this motion was seconded by Deborah Feltovic The vote was unanimous A motion to adjourn was made by John Mabon at 9:10 P.M. and this motion was seconded by Joseph Lynch. The vote was unanimous.