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HomeMy WebLinkAbout2003-02-26 Conservation Commission Minutes r , pD Conservation Commission Meeting February 26,2003 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr, Vice Chairman, Joseph W Lynch, Jr, and Sean F McDonough Members Absent: Deborah Feltovic, John J Mabon, and Beth Wescott Staff Members Present: Julie Parnno, Conservation Administrator, and Alison McKay, Conservation Associate, Donna Wedge, Conservation Secretary Meeting came to order at 8:25pm Quorum was met. Board Members took the agenda out of order. 242-1185,Lincoln Lab Line#2378(between Dale and Brook/Turnpike(Mass Electric) NSR . Carl Tammi of ENSR and Paige Cnaenry of Mass Electric and Sonni Anand of Mass Electric were present Mr McDonough read the legal notice Applicant is seeking a waiver of the plan requirements. The plans were not stamped by an engineer or surveyor as the site conditions were not fully surveyed due to length of the utility line A motion to deny the waiver was made by Al Manzi Joe Lynch seconded with discussion Mr Manzi stated we should not lower the standards for Mass Electric and does not want to set precedent Mr Lynch stated an Environmental Monitor will be required for the project Mr Tammi discussed the plan and stated the wetlands were delineated in 2002 along an abandoned right of way and the flags were taped off from fixed points and displayed on the plans The project will require only 3 to 4 crossings The applicants stated they needed the service in place by June A motion to deny the waiver was still on the table and was defeated 2 to 1, with Mr Manzi opposed A motion to grant the waiver was made by Joseph Lynch seconded, by Scott Masse Unanimous Mr Manzi said he is not comfortable with the project until staff members can verify the wetland line. Ms Parrino discussed the filing is for replacement of 40 wooden poles and installation of new 23KV electric distribution conductor wire along 2 miles of an existing utility line Currently 94 poles exist along the route Carl Tammi discussed Sterling Lane will be replacing 5 poles with higher poles,45' in height Old poles will be cut flush to the ground and new poles will be installed directly adjacent to the existing poles The right of way is 80 feet wide Mr Tammi discussed the route and stated swamp mats will be used for the wetland crossing Attorney Jay Willis, representing many abutters stated he feels this is not a limited project Mr Manzi discussed the cutting activities that occurred in November and stated it went beyond maintenance Mr Tammi stated it was maintenance to clear the woody vegetation Sonni Anand of Mass Electric stated they would be using a sub-contractor to do the work The Commission stated it would make sense to do the work when the ground is frozen The Abutters submitted photos of the clear cutting in November 2002. Carl Lipman an abutter of 674 Salem Street stated the maintenance of the trees and brush should be done every five to seven years Paige Graining of Mass Electric stated the project would take from ten to twelve weeks to be completed Scott Masse stated he wanted documentation that the poles are condemned An abutter of 75 Sterling Lane stated Mass Electric would have to drive over his septic system for access to the poles Mr Manzi questioned if this line serves from Dale Street to Boston Hill He feels this project is useless The applicants stated the line would be converted to a 13kv line to eventually service the community There is a need for a neutral wire Currently it is only serving one customer on Boston Ski Hill Brian Murry, an abutter on Salem Street stated his concerns about the lack of a stamp on the site plans and approval of a wetland line without vegetation Carl Lipman of 674 Salem Street stated his concerns about the maintenance neglect of the line Carl Vissering stated he did not feel the cutting done in the fall of 2002 was maintenance He was the abutter who contacted the Conservation Department with concerns of the cutting activities He feels this project is a new line that serves a new purpose and is not an upgrade The Commission discussed whether this project is a limited project It is a substantial upgrade and it is the applicant's responsibility to prove the purpose and need for this line Mr Lynch stated he wanted an alternative analysis and feels there is a significant alteration to wetland resource areas Mr Manzi stated he does not believe this is a limited project and questioned why Mass Electric could not use the public way for the upgrade A motion to continue to March 26, 2003 meeting was made by Albert Manzi seconded, by Joseph Lynch Unanimous Recess for 10 min. General Business 10:20pm 242-942,COC,705 Bradford Street(Melton)(William Barrett Humes) Mr Rex Melton,the homeowner was present Ms Parrino discussed at the last hearing that the modification was approved and a bond amount of$1000 was issued The homeowner has submitted pictures displaying 100% stabilization The Commission was satisfied with the pictures that displayed the lot stabilized The 10-foot encroachment area into the 25'No- Disturbance Zone still remains an issue, however the site was developed according to the plan Ms Parrino said the additional wetland markers are being placed behind the house Ms Parrino discussed the 10 feet encroachment having not more of an impact than the actual development on the property A Motion to issue COC and total bond release amount of$2000 was made by Joseph Lynch, seconded by Albert Manzi Unanimous 1 242-816-PCOC & Modification,Lot 6(Camobell Forest LLC) Ken Ahem of Mesiti Development Corporation was present. Ms. McKay discussed that the grading changes were slight and would not have an impact to the resource area The site had no other issues on the site and has been stable since the summer months A motion to continue to March 12, 2003 meeting was made by Albert Manzi seconded, by Joseph Lynch Unanimous. 242-816& 242-896-PCOC& Modification, Lot 8B (Camobell Forest LLC) Ken Ahem of Mesiti Development Corporation was present. Ms McKay explained that the house was slightly larger than proposed, pushing the closest corner of the house at 51 4' instead of the proposed 55' from the wetland. The deck is slightly larger than proposed A walkway and several stone retaining walls were added along the driveway to the walkway A motion to deny the modification was made by AI Manzi, seconded by Joseph Lynch. Motion failed. A motion to issue the modification for lot 8B was made by Joseph Lynch and seconded by Sean McDonough, 3 to 1 vote, Albert Manzi opposed. A motion to deny the PCOC was made by Albert Manzi based on the fact that the certification letter was inaccurate because it did not reference the approved modifications. Scott Masse stated he felt the certification was valid after the modification had been granted Motion to deny failed A motion to issue the PCOC for Lot 8B only was made by Joseph Lynch seconded by Sean McDonough, 2 1, Albert Manzi opposed. No bond reduction being issued 242-816 & 242-956-PCOC& Modification Lot 8(Camobell Forest LLC) Ken Ahern of Mesiti Development Corporation was present Ms McKay said a$300 fine was imposed and paid for the omission of portions of the wall on this lot During the inspection, staff' > was satisfied that the site met compliance The site was stable prior to these requests as observed during the summer months Wetland markers have not been placed along the edge of the No- Disturbance Zone. A motion to deny the modification and PCOC was made by Joseph Lynch, seconded by Sean McDonough A motion to continue to March 12, 2003 meeting was made by Albert Manzi, seconded by Joseph Lynch Unanimous 242-816-PCOC& Modification,Lot 10 (Campbell Forest LLC) Ken Ahern of Mesiti Development Corporation was present Ms. McKay discussed any grading changes would have no effect on the resource areas The site had no issues and the site has been stable since the summer months A Motion to grant modification was made by Joseph Lynch, seconded by Sean McDonough, 3 to 1 vote, Albert Manzi opposed A motion to grant the PCOC for lot 10 only, with no certification on the overall drainage design,was made by Joseph Lynch, seconded by Sean McDonough,vote 3-1, Albert Manzi opposed No bond reduction being issued 242-816-PCOC.Lot 15(Campbell Forest LLC) Ken Ahern of Mesiti Development Corporation was present Ms McKay said any grading changes would not have any impact to the resource areas She walked the site prior to snow cover and the site was stable A motion to issue PCOC for lot 15 only, without subdivision drainage certification,was made by Scott Masse, seconded by Joseph Lynch, 3 to 1 vote, Albert Manzi opposed No bond reduction being issued 242-816-PCOC,Lot 16(Campbell Forest LLC) Ken Ahern of Mesiti Development Corporation was present Ms McKay discussed slight changes made on the plan including house and driveway location, addition of a deck,front walkway, and associated stone retaining wall along the driveway Any grading changes would not have an impact to the resource areas Ms McKay said she walked the site prior to snow cover and the site was stable A motion to issue PCOC for Lot 16 only, without subdivision drainage certification was made by Joseph Lynch seconded, by Sean McDonough, 3 to 1 vote, Albert Manzi opposed No bond reduction being issued 242-1103—COC, 106 Boston Road (Houde)(Merrimack Engineering) Mr William Houde, the applicant was present Ms McKay discussed the Order of Conditions was issued on 10/24/01 for construction of a replacement septic system and associated site grading for a single-family home There were no special conditions attached to the order The pool previously existed on the site, but there were no record or permits in the building files as to when it was built An inspection was performed (prior to the last snow storm), and after digging in a few areas, it appeared to be grassed and stable A motion to issue COC and bond release was made by Albert Manzi, seconded by Joseph Lynch Unanimous 242-952-COC,240 Charles Street(GLSD) No one was present Ms Parrino said the applicant recently ordered Low Salt Zone signs, which are to be erected over the next week at the entrance of the facility The practice on site is not to use any salt on the premise. As-built plans and certification letters submitted by P E. A motion to issue a COC and bond release was made by Scott Masse, seconded by Joseph Lynch Unanimous 242-931-OOC Extension Reauest:(Lot 4N, Route 114 East of Berry St.) Mr. Peter Hingorani was present. The OOC will expire on 4/6/03 Ms Parrino discussed the project is for a proposed office building, which has not yet been constructed The applicant, ZBA, Planning Board and Board of Selectman are being sued The project is being held up in litigation and the applicant is requesting a one-year extension to April 5, 2004 A one-year extension was granted last year, therefore this would be the last extension. A motion to issue a one-year extension to April 5, 2004 was made by Albert Manzi, seconded by Joseph Lynch Unanimous Public Hearing 11:30pm Requests for Determination of Applicability(RDA) Charles Street Substation(Mass. Electric) (BSC Group) Matt Devlin of BSC Group was present Mr McDonough read the legal notice Matt Devlin presented a check for$75 00 to Ms.Parrino for the remaining outstanding filing fee The RDA filing is for upgrade of a substation facility including removal and construction of new underground duct bank conduits and cables encased in concrete Work will be done within the buffer zone BVW and an isolated vegetated wetland Work will be located within the 25 feet and 50 feet setbacks zones Ms Parrino said the applicant is requesting a waiver to perform the upgrade activities in a previously disturbed areas consisting of grass and pavement The cable will be tied into a manhole in Sutton Street The original plans submitted at a 1"=40' scale with no stamp, requested applicant submit a 20 scale plan for the substation area and wetland line and a RLS stamp at a minimum The requested plans have been submitted within 7 days of the hearing A motion to issue a negative determination with conditions was made by Albert Manzi seconded, by Joseph Lynch Unanimous Lot 1 & 2 AA Osgood Street(Carolina Properties LLC) (Leigh Basbane Cons.) Leah Basbane of Basbane Association and Jerry Welch of Carolina Properties were present Mr McDonough read the legal notice The RDA filing is for the determination of the status of a stream system located on the subject's property and confirmation of the wetland line Ms Parrino said the stream system is identified on the USGS as intermittent Streamstats data was presented indicating the stream does meet the intermittent definition The wetland line was reviewed and approved by Ms Parrino A Motion to issue negative determination for the RDA,positive determination declaring the stream is intermittent was made by Albert Manzi, seconded by Joseph Lynch Unanimous Osgood Street/Rte. 125 (Ranger Development) (Epsilon Associates) Michael Howard of Epsilon Associates was present Mr McDonough read the legal notice The RDA filing is for the determination of the status of a stream system located on the subject property Michael Howard stated the area was previously flagged however, a determination on the wetland line is not being requested at this time Ms Parrino said the stream is not identified on the USGS as either intermittent or perennial The watershed size was evaluated and soils information was investigated, watershed less than 5 square miles, thus not perennial under the new revised regulations Upon review of the material submitted, the stream appears to qualify as intermittent A Motion to issue negative determination for the RDA and positive determination declaring the stream is intermittent was made by Joseph Lynch seconded, by Albert Manzi Unanimous Notice of Intent(s) 242-1162-10 Commerce Way(Grasso) (Hancock Environmental) (cont. from 1/8/03) Jim Comeau of Hancock Environmental Consultants was present Ms Parrino left the room due to a conflict of interest Ms McKay said she had reviewed the revised plans dated January 2, 2003 and the O&M plan Ms Eggleston had also reviewed all plans and documents up to the current date A Motion to issue a decision in 21 days was made by Joseph Lynch, seconded by Sean McDonough Unanimous 242-1181- 93 Wintergreen Drive(Jonathan Maren) (New England Engineering) (Cont. from 2/12/03) No one was present Ms Parrino said the revised plans reflecting the stonewall and the Riverfront have been submitted Ms Parrino said Natural Heritage stated over the phone no issues with the project Motion to issue decision in 21 days was made by Joseph Lynch, seconded by Sean McDonough Unanimous 242-1182- 1174 Turnpike Street(Jim & Carol Finley) (Merrimack Engineering) (Cont. from 2/12/03) William Dufresne of Merrimack Engineering was present Ms Parrino said the client was asked to submit revised plans showing the wall detail and a buffer zone planting plan for disturbed areas in the 25 foot No-Disturbance Zone Ms Parrino stated erosion control would be a condition and a pre-construction meeting Joseph Lynch said he wanted to see a series of check dams along the slope A Motion to continue to March 12, 2003 meeting was made by Albert Manzi, seconded by Joseph Lynch Unanimous 242-1183- 58 Oakes Drive, Brian Packard) (New England Engineering) (Cont. 2/12/03) No one was present Ms Parrino said Natural Heritage stated over the phone that there were no issues with the project A Motion to close and issue a decision in 21 days was made by Joseph Lynch, seconded by Sean McDonough Unanimous 242-1186- Chestnut/Rea Street, (Peachtree Development LLC) (West Environmental) No one was present Sean McDonough read the legal notice Scott Masse and Albert Manzi left the room and recused themselves from voting Joseph Lynch stated no quorum to vote No action taken Continued to March 12, 2003 meeting Meeting Adjourned at 12:00am. i