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HomeMy WebLinkAbout2000-11-01 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room November 1,2000 Members Present: Scott Masse, Chairman,Albert Manzi, Vice Chairman, John Mabon, Robert Mansour, Deborah Feltovic, Robert Cerchione,Associate, Joseph Lynch arrived at 8 p in , James Demotses, Associate arrived at 7 55 p in 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: 242-927 COC - 80 Campbell Rd (Hancock Environmental Consultants)cont fr 10/4/00 This Order was issued on 9/17/98 authorizing the construction of a barn and horse paddock within the Buffer Zone to a BVW The project is complete The site is stable. The replication/restoration area is doing well and has completed two growing seasons. The second growing season was completed in October There are no violations on site. A motion was made by John Mabon and seconded by Deborah Feltovic to issue a COC for 242-927 and release the remaining $1500 00 Bond The vote was unanimous 242-158 - PCOC - Lot 114135 Bear Hill Rd (N.E. Engineering) This Order was issued on 6/4/82 authorizing the construction of Bear Hill. There are no wetlands within 100 feet of this lot Bnan LaGrasse inspected the property on 10/31/00 and did not have any issues The Bond was released on 4/17/87 for the subdivision This is just an administrative issue A motion was made by John Mabon and seconded by Deborah Feltovic to issue a PCOC for Lot 11 #135 Bear Hill Rd The vote was unanimous 242-840 - COC - Lot 1 - Rocky Brook Rd (Stephen Breen) Brian LaGrasse informed the Commission that this Order was issued on 11/15/97 authorizing the construction of a single family dwelling, driveway, septic system, associated grading and appurtenances within the Buffer Zone to a BVW 1,500 s f of replication was approved $3,000 of the $5,000 Bond was released for the house construction last September when they applied for a COC The only hold up was the second growing season for the replication area Brian visited the site on 10/31/00. The replication area was saturated at the time of the inspection and the replication area is dominated by native wetland vegetation They have submitted a letter from a wetland biologist certifying compliance. It has completed the second growing season and is satisfactory according to Brian LaGrasse They have submitted stamped As-Builts and a letter from the engineer certifying compliance with the Order of Conditions Brian informed the Commission that when he overlaid the As-Built Plan on the light table he noticed that the replication area goes onto another parcel of land He spoke with Steve Breen and he indicated that the owners are OK with it and he is going to get a written letter from them stating that Scott Masse recommended that we not issue the COC and that the applicant return with a Modification to the Order of Conditions Albert Manzi suggested giving the applicant a Bond reduction and letting applicant straighten out the 180 s f of replication. A motion was made by Albert Manzi to continue the COC to a later date and give the applicant $1,000 Bond reduction now This was seconded by Deborah Feltovic The vote was unanimous NACC#7 Extension to OOC - Lot#3, Saile Way (Marilyn Elias)(Daniel Bailey,I11) This Order was issued on 12/4/97 authorizing construction of a single family dwelling within the Buffer Zone of an isolated wetland subject to protection under the No Andover Wetlands Protection Bylaw The Order is set to expire on December 4, 2000 This is the first extension request No work has taken place on this lot A waiver of the 25' NDZ was granted for the driveway Brian inspected the site and stated that there are no wetland flags present in the field We also do not have the recording information. Applicant requested a withdrawal of this request stating that they would refile by Friday A motion was made to deny the Extension request by Albert Manzi and this was seconded by Deborah Feltovic Everyone on the Commission was in agreement except for Robert Mansour who abstained 242-979 COC - 525 Boxford Street(Christopher Coulouras)(Marchionda&Assocs) Brian LaGrasse informed the Commission that this Order was issued on 10/6/99 authorizing the construction of a single family dwelling, deck, septic system, well, associated grading and appurtenances within the Buffer Zone to a BVW. They have submitted As-Builts and a letter from the surveyor certifying compliance with the Order of Conditions An engineer's certification was not mandated in this Order The 25'/50' were mandated and met Brian stated that they have made a few changes from the original approved site plan They have submitted the Affidavit per the Order of Conditions Brian visited the site on 10/31/00 and had no issues The site is stable There are no violations on site. Brian recommended we issue a COC for 242-979 and release the$3,000 Bond. A motion was made by Deborah Feltovic to issue a COC for 242-979 and release the $3,000 Bond and this was seconded by John Mabon The vote was unanimous 242-802 COC - Lot 3 Sherwood Drive (Merrimack Engineering) This Order was issued on 5/6/96 authorizing the construction of a single family dwelling, driveway, foundation drain, associated grading and appurtenances within the Buffer Zone to a BVW. The Order was issued one extension,extending the Order of Conditions through 5/6/00 The Order has expired and all work has been completed 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 Robert Mansour stated that the driveway on the plan is now on the opposite side but was OK with it Brian LaGrasse visited the site on 10/31/00 and had no issues The site is stable There are no violations on site. Brian recommended issuing the COC and releasing the $2,000 Bond A motion was made by John Mabon to issue a COC for 242-802 and release the $2,000 Bond and this was seconded by Deborah Feltovic. The vote was unanimous 242-904 Modification to OOC - 144 Cricket Lane(Ronald&Diane Headrick) This Order was issued on 7/16/98 authorizing the construction of a roadway, eleven dwellings, utilities, and appurtenances within the Buffer Zone to a BVW The modification is for widening the driveway on Lot 6 The homeowners, Ronald& Diane Headrick are making the request because of an accident that has recently happened They have scaled off the area of the driveway to be widened on the As-Builts The driveway does not get any closer to the wetlands and is approximately 38' from wetland flag C59 The existing hay bale line at its closest point is 26'. The owners have proposed to extend the hay bale line around the work area The hay bale line does not get any closer to the wetlands. The area they are proposing to re-do is 34' from the wetlands This modification does not pose any threat to the resource area Brian stated that they will need to schedule a pre-construction inspection prior to any work being done A motion was made by John Mabon to grant the Modification to the Order of Conditions for 242-904 and this was seconded by Deborah Feltovic. The vote was unanimous Ratification of Enforcement Order-46 Shannon Lane Brian LaGrasse reminded the Commission that this was the property where there was a Bobcat on site to extend the driveway They are 62' from the wetland area The fine has been paid and the driveway has been paved A motion was made to Ratify the Enforcement Order for 46 Shannon Lane by Robert Mansour and this was seconded by Deborah Feltovic The vote was unanimous Ratification of Enforcement Order- end of Bayfield Drive This Enforcement Order was issued in order to expedite the move of the barn All went well with the move and steel I-beams were used instead of the plywood A motion to ratify the Enforcement Order was made by Albert Manzi and this was seconded by Deborah Feltovic The vote was unanimous The issue to accept withdrawal of the NOI was brought up by the Commission A motion was made by Albert Manzi to accept withdrawal of the NOI and this was seconded by Deborah Feltovic This vote was unanimous Ratification of Enforcement Order—Rae's Pond Pump Station This Enforcement Order was issued for replacement of a check valve within the Buffer Zone to a BVW and Lake Cochichewick watershed This Order was issued on 10/20/00 The repair was to be completed no later than 10/31/00 A motion was made to Ratify the Enforcement Order by Deborah Feltovic and this was seconded by John Mabon The vote was unanimous Ratification of Superceding Enforcement Order- 1060 Turnpike Street This was for the moving of a shed The applicant had spoken with Brian several times and had been into the office stating that he had eight men over the weekend trying to move the shed to no avail Applicant realizes that the shed needs to be moved A motion was made to ratify the Superceding Enforcement Order by Robert Mansour and this was seconded by John Mabon. The vote was unanimous Appropriation of Wetland Filing Fees for Conservation Associate Scott Masse, Chairman, verbally recommended extending the Conservation Associate's contract through December 6, 2000 A motion was made by Albert Manzi to extend the contract as it presently exists through December 6t", 2000 and the motion was seconded by Deborah Feltovic The vote was unanimous Discussion of Quorum for November 15tt'Conservation Meeting The Commission decided to keep the November 15t"meeting on as scheduled If we have a quorum problem we may have to schedule a special meeting to issue decisions only Scott Masse informed the Commission that he has drafted a document to allow associates to vote This will be presented at the next Town Meeting to see if this will pass their vote Public Hearings (8:00 p.m.) Notice of Intent(s) Lots 5 & 6 Saile Way Both these applications have been withdrawn for the time being per Brian LaGrasse 242-1020 492 Sutton Street (Mass Aeronautics Com)(Dufresne-Henry)cont fr 10/18/00 Patrick Seekamp has completed the field work but has not drafted a report yet A motion to continue 242-1020 to our meeting of 12/6/00 was made by Albert Manzi and this was seconded by Deborah Feltovic The vote was unanimous 242-1036 1070 Osgood Street(Chas Senabunyanthi)(Thomas Neve)cont fr 10/4/00 Brian LaGrasse informed the Commission that Epsilon has been working on the review A copy of their latest comments was in their packets They are still working on their alternatives at this time They have submitted a letter requesting a continuance to 12/6/00. By that time they should have exhausted all of the alternatives and have something substantial A motion was made by Albert Manzi to continue 242-1036 until 12/6/00 and this was seconded by Deborah Feltovic The vote was unanimous 242-1032 127 Bridle Path(George & Kimberlee Chatson)(Thomas Neve)cont Er 10/4/00 The applicant is still discussing the alternatives with the homeowner at this time According to Brian LaGrasse they were supposed to have something for this meeting but he has not received anything and Brian received a request today for a continuance A motion was made by Albert Manzi and seconded by Deborah Feltovic to continue 242-1032 to our meeting of 12/6/00 The vote was unanimous 242-1044 428 Winter Street(Irene & Andrew Soucy)(Merrimack Engineering) Proof of mailings were presented No abutters were present for this project which is for the construction of a replacement septic system and associated grading within the Buffer Zone of a BVW The septic replacement is proposed outside the 50' NCZ and they have erosion controls proposed from one corner of the house and around the limit of work. The hay bales are proposed outside the 25' NDZ They are proposed in an appropriate location Brian LaGrasse reviewed the wetland line before the last meeting and had no issues There are no violations on site. This project was submitted for the last meeting but could not be heard due to an error at the Town Citizen newspaper A new notice was published for this meeting Brian recommended closing the public hearing and issuing a decision in 21 days A motion was made by Albert Manzi to close the public hearing and issue a decision in 21 days for 242-1044 and this was seconded by John Mabon The vote was unanimous Robert Cerchione left the meeting at 8:15 p.m. and returned at 8:20 p.m. 242-1046 314 Rea Street(Ernest Alvarez)(Merrimack Engineering) Proof of mailings were presented This NOI is for the construction of a replacement septic system and associated grading within the Buffer Zone of a BVW The septic replacement is proposed outside the 50' NCZ except for part of the sand bed and they have erosion controls proposed from the retaining wall and around the limit of work to the street The hay bales are proposed outside the 25' NDZ They are proposed in an appropriate location Brian LaGrasse reviewed the wetland line on 10/31/00 The wetland borders an intermittent stream and the BZ between wetland flags 2 and 4 have been previously cleared Brian thinks there should be a BZ area along the intermittent stream that is allowed to revegetate naturally The 25' NDZ goes into the driveway and may not be appropriate,but a 10' buffer along the stream would serve as an adequate buffer and still leave 10' to the driveway Brian can condition this in the Order of Conditions Brian LaGrasse recommended closing the public hearing and issuing a decision in 21 days A motion was made by Albert Manzi to close 242-1046 and issue a decision in 21 days and this was seconded by Deborah Feltovic. The vote was unanimous 242-9?99 659 Forest Street(Robert Reed)(N E. Engineering) Brian informed the Commission that this NOI is for the construction of a replacement septic system and associated grading within the BZ of a BVW They are also proposing some additional site work in the back yard which is clearing out some brush and then loaming and seeding the site after The septic replacement is proposed 51' from the wetlands The erosion controls are proposed outside the 25' NDZ and around the limit of work. The hay bales are 27' at the closest point Brian reviewed the wetland line and did not have any issues with it There are no violations on site Brian also reviewed the FEMA maps and they are not in a flood plain. Since we did not have a DEP#we were not able to close this item tonight Ben Osgood, Jr stated that he would send a copy of the NOI certified mail to DEP A motion to continue this project to our meeting of 11/15/00 was made by Albert Manzi and this was seconded by Deborah Feltovic The vote was unanimous 242-1047 Haymeadow Road(Leo Quinn)(N E Engineering) Proof of mailings were presented. This NOI is for the construction of a replacement of a failing septic system and associated grading within the BZ of a BVW The septic replacement is proposed 51' from the wetlands The erosion controls are proposed outside the 25' NDZ and around the limit of work The hay bales are 27' at the closest point Brian LaGrasse reviewed the wetland line on 10/31/00 The only issues he had are the wetland flags are labeled backwards on the Plan of Record and there is a pile of yard waste between wetland flags A2 and A3 The yard extends up to the wetland boundary and in this case the 25' NDZ should be allowed to revegetate naturally Brian can condition this in the Order of Conditions It is not clear if the subject lot is in a flood plain or in the riverfront area of Rocky Brook This information needs to be submitted and Ben Osgood,Jr needs to check the FEMA maps Julie Durkee, an abutter, asked if the leeching fields will be coming onto her property? Ben Osgood, Jr stated that it will be 100 feet from her property The new system is in the same place but will be raised The water will still go in the same direction but won't travel as fast The street drainage drains out of the property A motion was made by Robert Mansour to continue 242-1047 to our 11/15/00 meeting and this was seconded by Deborah Feltovic The vote was unanimous 242-1037 1210 Osgood St (Forgetta Development)(Epsilon Associates)cont fr 10/4/00 Michael Howard of Epsilon Associates was present along with William Barrett and Mike Rozatti Mr Rozatti spoke for the project and informed the Commission that the retaining walls will be built with versa lock blocks and not concrete as versa lock is much better to work with and would have a lesser impact on the wetlands. Robert Mansour would like to see in writing the pressure in the force main to be used This NOI is for a mixed use development within the BZ to a BVW They are proposing an office building, a 102 room hotel, a retail building and a sewer force main on Rte 125. The 25' NDZ and 50' NCZ are met for the proposed buildings and development They are requesting a waiver of the 25'NDZ for the force main, which is proposed in the existing pavement of 125 and the demolition of the existing greenhouses and sheds. Brian LaGrasse stated that the mitigation report is sufficient. He walked the site and confirmed the wetland line Erosion control is depicted in an appropriate location Brian has not received any correspondence from John Chessia as of this time The applicant's engineers sent a response to Mr Chessia's comments to him on 10/25/00 and he has not had a chance to review them at this time The last set of comments that we received from Mr. Chessia was on 9/26/00. He wanted some additional information to be provided to him and he received them on 10/25/00 Mike Rozatti addressed several issues and submitted a revised Hydrology Report tonight The Conservation Commission needs to have a final sign off by the consultant Michael Howard spoke at this time and stated that there is no one at the present time in a role to mediate between the Commission and the applicant Scott Masse, Chairman stated that he is satisfied with the applicant for this project who is very reliable and stated that both representatives here tonight for this project are very reputable also. Albert Manzi didn't have a problem with closing this project that night and stated so A motion was made by Robert Mansour to close 242-1037 and issue a decision in 21 days and this was seconded by Deborah Feltovic The vote was unanimous 242-1038 Barker Street(Tara Leigh Development,LLC)(Epsilon Assocs)cont fr 10/4/00 Brian LaGrasse stated that this NOI is for the construction of a sewer line and stormwater management system within the BZ to a BVW The cul-de-sac roadway and the seven lots are out of the 100' BZ They are requesting a minor waiver of the 25' NDZ for the sewer line on Barker's property The wetland lines were approved through an RDA previously per Brian LaGrasse Erosion control seems to be depicted in appropriate locations Mike Howard presented and advised the Commission that there will be no wetland relocation All work to be done to pavement, driveway and field itself There will be no open trench Mr Howard stated that the kiosk will be rebuilt in the same location Bird boxes will be put into open space which is deeded to the Town They have devised a planting list around the four seasons The farm will go back to a farm when all work is done Brian LaGrasse recommended closing the public hearing and issuing a decision in 21 days A motion was made by Deborah Feltovic to close 242-1038 and issue a decision in 21 days and this was seconded by Joseph Lynch The vote was unanimous Decisions: 242-1041 122 Boxford Street The Order of Conditions was read by Brian LaGrasse for this NOI which was for the construction of a 6' extension of the garage within the BZ to a BVW A motion was made by John Mabon to accept the Order of Conditions as drafted for 242-1041 and this was seconded by Deborah Feltovic The vote was unanimous 242-1026 Lot 33 Abbott Street The Order of Conditions was approved as drafted and amended for a single family dwelling and all associated appurtenances A motion was made by Albert Manzi to accept as drafted and amended 242-1026 and this was seconded by Deborah Feltovic The vote was unanimous 242-1043 209 Johnson Street Brian LaGrasse read the Order of Conditions for this NOI which was for the installation of a sewerage pump in the existing septic tank and a 3"PVC force main within the BZ to a BVW A motion to accept as drafted the Order of Conditions for 242-1043 was made by John Mabon and this was seconded by Albert Manzi The vote was unanimous 242-1037 1210 Osgood Street ' Brian LaGrasse prepared the Order of Conditions for this NOI which is for a mixed use development within the BZ to a BVW They are proposing an office building, a 102 room hotel, a retail building and a sewer force main on Rte 125 The Bond was established at $25,000 A motion was made by Robert Mansour to accept the Order of Conditions as drafted and this was seconded by Deborah Feltovic The vote was unanimous 242-1038 Barker Street The Order of Conditions was presented by Brian LaGrasse and a Bond was established of $25,000 for this project This NOI is for the construction of a sewer line and stormwater management system within the BZ to a BVW A motion was made by Joseph Lynch and seconded by John Mabon to accept the Order of Conditions as drafted for 242-1038 The vote was unanimous A motion to adjourn was made by Joseph Lynch at 9:55 p.m. and this was seconded by Beth Wescott. The vote was unanimous.