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HomeMy WebLinkAbout2000-08-16 Conservation Commission Minutes ............... : Conservation Commission Minutes DPW Conference Room August 16,2000 Members Present: Scott Masse, Chairman,Albert Manzi,Vice Chairman, Joseph Lynch, Deborah Feltovic,Beth Wescott and Robert Cerchione,Associate John Mabon, Robert Mansour and James Demotses, Associate were absent Staff Present: Brian LaGrasse, Conservation Associate and Germaine L. Ouellette, Secretary The meeting was called to order at 7 p in by Scott Masse, Chairman Minutes: No minutes were accepted. General Business: 242-878 Extension to OOC—Gr Pond Rd (Kenneth Yameen) Brian LaGrasse presented and advised the Commission that this Order was issued on 10/16/97 authorizing the construction of a single family dwelling, associated appurtenances, 540 s f of permanent wetland alteration and 1,100 s f of replication within the Buffer Zone to a BVW They have not commenced work at this time This extension request would extend the Order of Conditions through 10/16/2001 However on a site visit Mr. LaGrasse noticed that some flags were missing and some enumerations were wearing off Scott Masse made a suggestion that we continue this to our 9/6/2000 meeting in order for the applicant to make sure the area will be reflagged A motion was made by Joseph Lynch to continue 242- 878 to our meeting of 9/6/00 and this was seconded by Deborah Feltovic. Albert Manzi abstained from voting as he arrived in the middle of the discussion The vote was 4 for a continuance and one abstained 242-948 COC - 500 Gr Pond Rd (No Andover Country Club)(Dewsnap Eng) This Order was issued on 4/7/00 authorizing the paving of an existing gravel driveway and parking lot 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 The 25'/50' were mandated and met Brian LaGrasse visited the site on 8/15/00 and had no issues The site with regards to this filing is stable There are no violations on site The Bond for this filing is $2,000 00 Brian LaGrasse recommended issuance of a COC for 242-948 and release of the $2,000 00 Bond A motion was made by Deborah Feltovic to issue a COC for 242-948 and release the $2,000 00 Bond and this was seconded by Beth Wescott The vote was unanimous Conservation Commission Minutes 8/16/2000 2 242-950 COC - 48 Paddock Lane(Rick LaFond) (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 The initial request was denied on 7/19/00 due to the deficient As-Builts submitted. They have submitted new stamped As-Builts and another letter from the engineer certifying compliance with the Order of Conditions The 25'/50' were mandated and met The only change is from 40' to 37' in the leeching field Brian LaGrasse visited the site on 7/19/00 and had no issues The site is stable There are no violations on site Mr LaGrasse recommended issuing a COC for 242-950 and release of the $1,500 00 Bond A motion was made by Deborah Feltovic to issue a COC for 242-950 and release of the$1,500 00 Bond and this was seconded by Joseph Lynch The vote was unanimous 242-862 Modification to OOC - Lot 11 A Rocky Brook II (Peter Breen)(Neve Assocs) Brian LaGrasse presented and advised the Commission that this Order was issued on 12/4/97 authorizing the construction of a roadway, utilities, driveways, grading and associated appurtenances within the Buffer Zone of a BVW The modification is for a change in the footprint of the house and driveway The 25'/50' were mandated and are met on the proposed plans They have moved the house from 53' to 50' from the wetlands. Peter Breen was present and advised the Commission that the house is now 62' and has been repositioned Joseph Lynch stated that this was good that it came in as a Modification as the project was brought closer from 53' to 50' from the wetlands. The foundation seems to be cutting it close so the foundation should be pinned for the pre-construction meeting Peter Breen said he would take care of that A motion was made to accept the Modification to the Order of Conditions on 242-862 and accept plan dated 1/22/99 REV 8/7/00 by Albert Manzi and this was seconded by Beth Wescott The vote was unanimous 242-783 COC—20, 32,44 & 56 Abbott St (Lots 1 thru 4)(MPG Realty)(Mesrti Dev) Scott Masse advised the Commission that this is just an administrative issue 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 four lots have PCOC's. Brian LaGrasse visited the site on 7/19/00 and had no issues The site is stable. There are no violations on site and no remaining Bond. Mr LaGrasse recommended issuing a COC for 242-783 for 20,32,44 & 56 Abbott St A motion was made by Deborah Feltovic and seconded by Albert Manzi to issue a COC for 242-783 and the vote was unanimous Ratification of Enforcement Order—32 Abbott Street Albert Manzi advised the Commission that this came about as a result of applicant living next door to Mr Chris Sawyer The applicant liked the way Mr Sawyer's stonewall came out and is asking for Modification for a full stonewall Richelle Martin went on a site visit with Albert Manzi and it was decided that the best way to handle this was by following the Conservation Commission Minutes 8/16/2000 3 original plan which would then allow the applicant to get the work done as originally allowed which was to put up a full stonewall In order to accomplish this it was also decided that an Enforcement Order was the quickest way so that applicant can get started right away on the project Applicant has been very cooperative and Scott Masse recommended we ratify the Enforcement Order for 32 Abbott St A motion was made by Beth Wescott and this was seconded by Deborah Feltovic The vote was unanimous Ratification of Enforcement Order- Currier Environmental Solutions This was a Cease and Desist Order which was issued by Brian LaGrasse on 8/10/2000 regarding unauthorized replacement of a septic system and regrading within the Buffer Zone to a Bordering Vegetated Wetland(BVW) Mr LaGrasse informed owner that they must install erosion control around the limit of work immediately and file a Notice of Intent no later than August 25, 2000 Joseph Lynch mentioned that for future reference that we need to protect and restore the area and should add an amendment that disturbed area be stabilized and restored Currier Environmental stated that they would follow through on this A motion was made to ratify the enforcement order for Currier Environmental Solutions by Albert Manzi and this was seconded by Deborah Feltovic The vote was unanimous Ratification of Enforcement Order- 890 Johnson Street Brian LaGrasse issued this Enforcement Order on August 16, 2000 for unauthorized alteration of a Bordering Vegetated Wetland(BVW) and unauthorized regrading in a protected resource area Mr LaGrasse was told by Albert Manzi that the backhoe was still in the owner's backyard Mr Manzi advised Mr LaGrasse to make a copy of the Enforcment Order and attach it to the backhoe so that the operator would know not to continue any more work A motion to ratify the enforcement order was made by Joseph Lynch and this was seconded by Albert Manzi The vote was unanimous General Business ended at 7:25p.m. Public Hearings (8:05p.m.) Request for Determination of Applicability 15 Sullivan Street(David G Iseler) This RDA is for the expansion of a deck on the back of the existing house The deck is proposed 92 feet from the wetlands Four sonotubes are proposed in the 100' Buffer Zone The erosion control is depicted in an appropriate location Stockpiling of soil should be kept out of the buffer zone Proof of mailings were presented Mr LaGrasse recommended issuance of a negative determination for 15 Sullivan Street A motion by Joseph Lynch was made to issue a negative determination for 15 Sullivan Street and this was seconded by Deborah Feltovic The vote was unanimous. Conservation Commission Minutes 8/16/2000 4 16 Tavern Road (Paul W LaFond) This RDA is for the expansion of a deck on the back of the existing house The deck is 62 feet from the wetlands The erosion control is depicted in an appropriate location Proof of mailings were presented and checked Scott Masse and Brian LaGrasse assisted the LaFond's with the wetland delineation, plan and RDA The deck has already been built and they are getting permits after the fact Mr LaGrasse recommended we issue a negative determination regarding 16 Tavern Road A motion was made to issue a negative determination for 16 Tavern Road by Albert Manzi and this was seconded by Joseph Lynch The vote was unanimous Notice of Intent(s) 242-1011 Boston Ski Hill (Mesrti Development)cont fr 7/19/00 Paul Marchionda and Ken Grandstaff were present Brian LaGrasse advised the Conservation Commission that we have received John Chessia's final comments and that he had no further issues Mr LaGrasse stated that we are not in receipt of their mitigation plan regarding the demolition of the existing building and its encroachment into the 25' No Disturbance Zone Paul Marchionda stated that the mitigation plan had already been submitted and that they had loomed and seeded with wildflowers Albert Manzi recommended that a restoration plan by a wetland scientist be submitted and Ken Grandstaff of Mesiti Development agreed to this Mrs Fink was in the audience and stated that she had gone onto the internet and per the Red Cross internet site that we are subject to mudslides and landslides in our area Mrs Fink was very concerned about this happening on this project At this point Joseph Lynch informed the Commission that we have enough information to draft an Order of Conditions Mr Manzi informed Mrs Fink that we can't take jurisdiction over something that isn't within our jurisdiction A geotechnical consultant is being hired to take care that mudslides and landslides would not occur Gene Willis of 76 Boston Hill Road asked if a stormwater management plan had been addressed The answer was yes A motion was made by Albert Manzi to continue 242-1011 to our meeting of September 6, 2000 and this was seconded by Joseph Lynch The vote was unanimous 242-???? 1070 Osgood Street (Chas Senabunyarithi)(Thomas Neve )cont fr 8/2/00 Brian LaGrasse informed the Commission that the escrow had been posted since the last meeting They were requesting a continuance until our meeting of 9/6/2000. However, Mike Howard and Brian LaGrasse went out into the field and the flags were not out in the field They did see old flags dating back to 1993 A motion was made by Joseph Lynch to continue this to our meeting of September 20, 2000 and this was seconded by Albert Manzi The vote was unanimous. There were no abutters present and since this will exceed the 21 days to the next meeting,the applicant will have to re-advertise only per Chairman, Scott Masse Conservation Commission Minutes 8/16/2000 5 242-1027 119 Granville Lane (Patt Taylor)(N E Engineering)cont fr 8/2/00 This NOI was continued from the last meeting due to the pool location and is for the replacement of a septic system within the Buffer Zone to a Bordering Vegetated Wetland (BVW) The new system will be 70' from the wetlands Brian LaGrasse walked the site and confirmed the wetland line Erosion control is depicted in an appropriate location They meet the 25'/50' setbacks with reference to the septic repair There are 2 piles of yard waste in the No Disturbance Zone (one pile between wetland flags B2 and B3 and one pile between the pool and wetland flag A3) Brian stated we can condition those to be cleaned up He had no further issues Joseph Lynch made a motion to close the public hearing for 242-1027 and issue a decision in 21 days and this was seconded by Deborah Feltovic The vote was unanimous Because of extenuating circumstances (septic system failure) it was asked if the Commission could issue a decision that evening Scott Masse stated he had a problem with the Commission issuing a decision that night as that had not been requested before this evening and we don't want to set a precedence of this happening At this point Joseph Lynch moved to reconsider re-opening 242-1027 and this was seconded by Albert Manzi That vote was unanimous Joseph Lynch advised the Con Com that the RDA for this project was for an addition and an inground pool, however, the RDA doesn't show the 22'x23' deck at all The previous owner presented the Conservation Commission with Permit#491 dated in 1989 This permit was issued but never signed off after work was completed The permit was for an 18'x20' sunroom with basement This RDA was recorded on August 7, 1990 at the Registry of Deeds Mr Lynch stated that the 1989 Bylaw drawn up prohibits construction within 50' of wetlands The Conservation Commission wants to make sure that the deck was properly permitted The original plan was drawn up by Steve Foster Therefore in order to clarify the situation a motion to continue 242-1027 until September 6, 2000 was made by Albert Manzi and this was seconded by Deborah Feltovic The vote was unanimous At that meeting a draft decision will be ready for approval by the Commission. 242-1028 39 Hawkins Lane (Maureen& Thomas Scott)(Merrimack Engineering) Maureen Scott the owner was present and brought in proof of mailings Brian LaGrasse presented and informed the Commission that this NOI is for the construction of a driveway, grading and appurtenances within the Buffer Zone to a Bordering Vegetated Wetland (BVW) The house and septic system are proposed out of the 100' Buffer Zone Just the driveway and underground utilities are in the Buffer Zone Mr. LaGrasse walked the site and confirmed wetland line except for Flag#1 because it is on an abutter's property Erosion control is depicted in an appropriate location. They meet the 25'/50' setbacks. Mr LaGrasse had no issues with this project except that they remove Flag#1 as it is not on their property. Mr. LaGrasse informed the Commission that the applicant had some last minute changes to the driveway location They have moved it further away from the wetlands but need to submit a revised plan They are going to submit a revised plan 7 days before the next meeting Jennifer Houlihan, an abutter, asked if there would be any affect to her Conservation Commission Minutes 8/16/2000 6 property Mr Manzi stated that it was highly unlikely that there would be A motion was made by Joseph Lynch to continue 242-1028 to our meeting of September 6, 2000 and this was seconded by Deborah Feltovic The vote was unanimous Decisions: There were no decisions this evening A motion to adjourn was made by Joseph Lynch at 9:25 p.m. and this was seconded by Deborah Feltovic. The vote was unanimous.