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HomeMy WebLinkAbout2003-08-27 Conservation Commission Minutes DDD Conservation Commission Meeting Minutes August 27,2003 ' Members Present: Scott Masse, Chairman, and Sean F McDonough, Deborah Feltovic, John J Mabon Members Absent: Albert Manzi, Jr, Vice Chairman, Joseph W Lynch, Jr, and Beth Wescott Staff Members Present: Julie Parrino, Conservation Administrator, and Alison McKay, Conservation Associate, Donna Wedge, Conservation Secretary Meeting Came to Order at 7:00 pm Quorum Present. General Business 242-1153,Modification, 178 Granville Lane (Cinseruli) The applicant, Valerie Cinseruh was present Ms McKay stated the OOC issued on 7/22/02 was for construction of an addition and screened porch in the buffer zone to BVW The proposed plan shows construction of a wall, no grading shown on the plan,just proposed spot shots, only a surveyor stamp on the plan The site has been inspected, is currently stable and appears in compliance with the OOC Ms Parrino stated that the plans proposing grading would customarily require an engineered stamped plan Mr Mabon has concerns with the erosion controls within the 25-feet No-Disturbance area Ms Parrino explained the erosion controls were placed in lawn, which was a previously disturbed area Mr Mabon questioned the height of the wall and the amount of fill necessary Ms Feltovic asked if the wetland markers were in place and Ms McKay responded that they were in place Ms Parrino stated the last monitoring report submitted was in February and the new work would require environmental monitoring during the wall construction A motion to issue the modification as submitted, was made by Mr Mabon, seconded Ms Feltovic Unanimous Enforcement Order Ratification 242-1071, Lots 5 & 6 Chestnut Street No action taken until the acting Chairman is present Lot 1 Lyons Way Ms Pamno discussed a wall was constructed in the 25-feet No-Disturbance Zone and a deck in the 50-feet No-Build Zone Enforcement Order was issued to remove the deck and to relocate the wall A motion to ratify the enforcement order was made by Mr Mabon, seconded by Ms Feltovic Unanimous 250 Green Street Ms Parrino discussed the presence of silt in the wetland area, due to previous heavy rains Restoration efforts resulted in removal of vegetation The EO required the replacement of shrubs plantings and re-establishment of the wetland flags A fine of$300 was levied A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Mabon Unanimous 55 South Bradford Street Ms McKay discussed a gazebo was placed within the edge of a wetland and the EO required relocation of the gazebo, in addition to obtaining a building permit The applicants had a filing for a sewer connection The conditions required monitoring reports, however, none were present in the file Ms Pamno discussed it is difficult to see the house from the main road, due to the lengthy driveway There is a tennis court on site which is outside the 100 foot buffer zone The Conservation Department identified the violation during a building permit inspection for installation of a pool outside the buffer zone A motion to ratify the enforcement order was made by Mr Mabon, seconded by Ms Feltovic Unanimous Wetland Regulation Revisions Ms Parrino discussed the changes including the new fee calculations The vernal pool language was clarified to the Commission members and it was stated the language change does not increase or reduce the ephemeral pool habitat protection area Final changes are underway and the regulations should be ready for approval at the next hearing The hearing was continued to the September 10, 2003 meeting Recess for 5mins. Public Hearings 8:00pm. Abbreviated Notice of Resource Area Delineation 242-1199, Lot 1 & 2 Great Pond Road (Great Pond Realty Trust)(New England Engineering)(Cont. from 7/30/03) Ben Osgood of New England Engineering was not present The applicant, Joseph Pelmch, and a representative of Epsilon Associates were present Ms Pamno discussed this site was previously reviewed by the Commission under a former filing, in which work never commenced, the new delineation is significantly different and changes have been carefully reviewed The Commission requested outside consultant to review Epsilon was hired on behalf of the applicant to look at the site Pat Seekamp was hired on behalf of the Commission Ms Pamno stated during the site walk, the lots were carefully reviewed and it was agreed the previous delineation was conservative and it was agreed that the line could be substantially changed to reduce the amount of wetland on the site as a result of the soil investigation Mr Masse stated he is comfortable with the change if agreed upon by Patrick Seekamp, Julie Parr no and Michael Howard The Commission requested that review letters be submitted by Epsilon and Seekamp A motion to continue to September 10, 2003 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1211, 1025 Osgood Street (Daniel Corbetts) (Wetlands and Land Management) William Manuell of Wetland and Land Management was present Mr McDonough read the legal notice Ms Pamno discussed the filing and stated the site is extremely disturbed as evident by the filling activities The portion of wetland within the field has been recently disturbed by mowing equipment, as evident by the deep ruts from the vehicle This portion of the wetland should not continue to be mowed Mr Manuell stated he had flagged the area late May, early June Ms Pamno met Mr Manuell on site to review the delineation as several flags had been removed A small change to the wetland was agreed upon and the field New plans will be submitted to reflect the change in the delineation A motion to continue to September 10, 2003 meeting with a requirement for revised plans was made by Ms Feltovic, seconded by Mr Mabon Unanimous Requests for Determination of Applicability (RDA) 101 Crossbow Circle (Brakely) (New England Engineering) (Cont. from 7/9/03)(Reauest to Cont. to 9/10/03) No one was present The applicant has to re-advertise due to the length of time for the continuation A motion to continue to September 10, 2003 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous Notice of Intent(s) (Continued) 242-1194, 78 Vest Way(Milliken) (Cont.from 6/30/03) (Cont. to 9/10/03) No one was present Ms Parrino stated the planting plan has been submitted and reviewed, changes have been requested by the Conservation Administrator The Conservation Department is awaiting revised plans to reflect the proposed grading changes on the abutting lot Mr Masse questioned the constant continuations Ms Parrino stated she believes Ben Osgood is waiting for the applicant to forward over the grading changes so that they can be applied to the engineering plan The Commission decided to continue the hearing to October 22, 2003 with the requirement to re-advertise In addition, the Commission voted to issue an Enforcement Order requiring the applicant to install the restoration plantings, no later the October 2003 A motion to issue an Enforcement Order and Re-Advertise and continue the hearing to the October 22, 2003 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1212, 33 Morinoide Lane (American Sunroom Co.)(Cont. from 8/13/03) No one was present Ms McKay stated the DEP number has been issued She recommends a planting plan requirement, wetland markers, Environmental Monitor, and brush and debris removal A motion to close the hearing and issue a decision in 21 days with conditions was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1210, Lot 3 Forest Street(Finocchio) (Hancock) (Cont. from 8/13/03) Richard Albano of Hancock Environmental Consultants and John Meyers of 1500 Forest Street Extension, an abutter,were present Ms Parrino left the room due to a conflict of interest Ms McKay stated that the applicant had retained the services of Seekamp Environmental to review the delineation On August 27, 2003, Ms McKay, Patrick Seekamp and Richard Albano met to ,review the wetland line Mr Seekamp was of the opinion that the current standing water conditions, along the edge of the proposed driveway, could be up to 15 feet upgradient of the original flags in some locations The wetland line should be re-delineated to reflect any field changes Beaver activity was observed on the pond attributing to the high water conditions Hancock learned that an Order of Conditions was issued by the Town of Boxford in June of this year to install a beaver deceiver at the pond outlet, where the beaver dam is located Ms McKay will contact Dave Rimmer at Essex County Greenbelt for more details on the installation of the beaver pipe and the pond elevations A motion to continue to the September 10, 2003 meeting to t make changes to the wetland delineation were proved inaccurate was made by Mr Mabon, seconded by Ms Feltovic Unanimous Decisions 242-1207-31 Wood Ave. This will be a straight denial, no revised plans have been submitted A motion to deny as drafted, by Ms Feltovic, seconded by Mr Mabon Unanimous A motion was made by Ms.Feltovic, seconded by Mr.Mahon to adjourn the meeting at 9:OOpm.