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HomeMy WebLinkAbout2003-09-10 Conservation Commission Minutes } Conservation Commission Meeting Minutes September 10, 2003 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr, Vice Chairman, Joseph W Lynch, Jr, and John J Mabon, Sean F McDonough Members Absent: Deborah Feltovic, Beth Wescott Staff Members Present: Julie Pamno, Conservation Administrator, Alison McKay, Conservation Associate and Donna Wedge, Conservation Secretary Meeting came to order at 7:00 pm Quorum present. General Business 242-1068, COC, 155 Duncan Drive(Scanlon) (Hancock Environmental Consultants) The applicant Michael Scanlon was present Ms Pamno left the room due to a conflict of interest Ms McKay stated the Order of Conditions was issued on 5/2/01 for the construction of an addition to an existing dwelling within the Buffer Zone The Commission approved a modification in April of 2003 for the extension of the driveway and an addition of a wood deck and stairs The Modified Record Plan is in compliance with the as-built conditions No wetland markers were required under this filing Monitoring was required however no reports were identified in the file The site is stable Mr Lynch stated we need to have a way of tracking the monitoring reports and follow-up on any missing reports Mr Scanlon stated the modification was issued and the work had already been completed A motion to issue the COC and to issue a fine for$100 00 was made by Mr Manzi, seconded by Mr Mabon Mr McDonough abstained from voting 242-970, COC, 326 Candlestick Road (Bowman) No one was present Ms Parnno stated the OOC was issued for the installation of a pool in the buffer zone to BVW The as-built plan revealed small encroachments into the 25' and 50' setback zones The encroachments have been handled administratively and the site is ready for compliance Mr Masse stated he has been working on this project site with Ms Pamno A motion to issue the COC and bond release was made by Mr Manzi , seconded by Mr Mabon Mr Lynch abstained from voting 242-1177, COC,29 Johnny Cake Street (Delaanio)(Neve Associates) No one was present Ms McKay stated the Order of Conditions was issued on 12/19/02 for the construction of an enclosed porch to an existing dwelling within the buffer zone to a BVW The stairs for the addition were not constructed in the proposed location The stairs were constructed in the location where the previously existing stairs had existed The new stairs extend approximately 3 feet further than the original stairs This difference is minor and the setbacks are still being met The wetland markers are up The site is stable and there are no outstanding issues A motion to issue the COC and bond release was made by Mr Mabon, seconded by Mr -� Manzi Unanimous Discussion: Mowing lease, Mary Childs Estate-Michael Davidowicz Taken off the Agenda Enforcement Order Ratification 78 Vest Way Enforcement Order motion was issued by the Commission at the 8/27/03 hearing EO mandates buffer zone restoration to be completed by fall A motion to ratify the enforcement order was made by Mr Manzi, seconded by Mr Mabon Unanimous 8 Abbott Street The applicant converted a deck into a three season room without a building permit last fall Several Enforcement Orders have been issued mandating the applicant to file an after the fact permit The latest EO requires the applicant to file an RDA by Friday, September 12, 2003 A$300 fine was levied A motion to ratify the enforcement Order was made by Mr Manzi, seconded by Mr Mabon Unanimous 11 Bear Hill Road: Ms McKay stated an enforcement order was issued for tree clearing and filling of the 25-foot No Disturbance Zone No fine was issued The EO requires restoration, including the planting of trees and shrubs Ben Osgood will be working with the homeowner on restoration and stated the homeowner wanted to make a physical barrier along the 25' No- Disturbance Zone so he could have privacy from his neighbor A motion to ratify the enforcement order was made by Mr Manzi, seconded by Mr Mabon Unanimous Project Updates Lot 5& 6 Chestnut Street (Joyce) Mr Masse left the room due to a conflict of interest The Chairman is Mr Manzi Ms Pamno stated the second enforcement order requires Mr Joyce to submit an engineering report from a qualified engineer, which evaluates the swale design Mr Joyce has retained the services of John Hargreaves,P E Ms Parrino stated Mr Joyce recently completed hydroseeding along the back slopes Mr Manzi stated he wants jute matting installed along the slopes High Street Sewer Project Ms Parrino reported that during the previous weeks heavy rains, significant dewatering was occurring and she instructed the contractors to cease from dewatering activities, due to the heavily silt laden water Mr Parrino has been working with Terri Gensel, the Environmental Monitor Walker Road has been unpaved for over one month and during rain storms the road ponds and silty water flows directly into Cochichewick Brook, via two catch basins Guertin&Elkerton have been requesting that the road be paved over the last several weeks Mr Manzi stated he wants an enforcement order mandating completion of restoration activities in the brook and the paving of Walker Road by Friday afternoon, September 12, 2003 14e Wants a copy of the EO submitted to four different departments DPW, Heidi Griffin, Community Development Director, Town Manager Mark Rees and the Contractor Mr Manzi wants the area cleaned up and binder applied on the road by 5 00pm Friday, September 12, 2003 If the required activities are not completed by 5 00pm, a $300 per day will be levied until work is completed A motion to ratify the enforcement order and issue $300 per day fine until the \ problem is fixed was made by Mr Lynch, seconded by Mr Manzi Unanimous Wetland Regulation Revisions " Wetland regulations approved and the new fees go into effect on September 17, 2003 No recess Public Hearings 8:00pm Abbreviated Notice of Resource Area Delineation 242-1199- Lot 1 & 2 Great Pond Road (Great Pond road Realty Trust)(New England Engineering)(Cont.from 8/27/03) Ben Osgood Of New England Engineering and Joseph Pelich were present Ms Parrino stated Epsilon Associates and Seekamp Environmental have submitted written review letters Both letters state they do not feel jurisdictional resource areas exist on one of the lots, however, off- site wetland may impact the buffer zone on the lot The applicant will be required to identify off- site wetlands during the Notice of Intent phase Ms Parrino will prepare a letter requiring the applicant to identify off-site wetlands that may impact the buffer zone on the subject property A motion to close the hearing and issue a decision in 21 days was made by Mr Mabon, seconded by Mr Manzi Unanimous 242-1211- 1025 Osgood Street(Corbett)(Wetlands& Land Management)(Cont. from 8/27/03 No one was present Ms Parrino stated that revised plans depicting the revised delineation have been submitted and the plans are complete A motion to close the hearing and issue a decision in 21 days was made by Mr McDonough, seconded by Mr Mabon Mr Lynch abstained from voting Requests for Determination of Applicability (RDA) 101 Crossbow Circle(Brakelv)(New England Engineerina)(Cont.from 7/9/03)(Reguest to cont. to 9/10/03) Mr Masse stated the applicant will have to re-advertise the hearing which is continued to the September 24, 2003 meeting 119 Duncan Drive(Bova) The applicant Michael Bova was present Mr McDonough read the legal notice Ms Parrino stated a violation was discovered during a building permit application inspection The applicant removed an existing deck and installed footings that extended the structure two feet further out The addition will be located within the 50' No-Build Zone The applicant is removing the new extended footings and replacing them in the original location Conditions will be a pre- construction meeting, erosion controls, and wetland markers A motion to a issue Negative determination with conditions was made by Mr McDonough, seconded by Mr Mabon Unanimous i 32 Hollow Tree Lane (Core) (New England Engineering) Ben Osgood of New England Engineering was present Mr McDonough read the legal notice Ms Parnno stated the RDA is for the replacement of a sewer pump chamber in the buffer zone to an isolated wetland The wetland line has been reviewed and approved There is landscaping debris including rocks and dut located in the wetland, which must be removed Recommendation is to issue a Negative Determination with conditions of erosion controls, pre-construction inspection and wetland markers A motion to issue a Negative Determination with conditions was made by Mr McDonough, seconded by Mr Mabon Unanimous Notice of Intent(s) (Continued) 242-1210,Lot 3 Forest Street(Finocchio)(Hancock Environmental Consultants) Richard Albano of Hancock Environmental Consultants was present Ms Parnno left the room due to a conflict of interest Ms McKay stated new plans have been submitted The Conservation Commission requested the approximate pool location be removed from the plan, unless it is a real proposal Mr Lynch stated there is a lot of bedrock in this area and the nprap area to the south may need to be extended Ms McKay stated she recommends a permanent field stonewall or a type of boulder wall along the limits of work Mr Albano suggested reducing the limits of grading and planting vegetation along the limits of work, in replace of a boulder wall requirement There is an easement on the deed which allows public access across the property along the defined trail Mr Albano stated they modified the new plan to show 3 flag locations that had been changed All the Commission members agreed that the property is very hidden and future monitoring of the property will be difficult The property can only be accessed through the Town of Boxford Construction activities will need to be monitored very closely and future violations may go undetected A motion to continue to the September 24, 2003 was made by Mr Manzi, seconded by Mr Mabon 242-1213— 17 Wildwood Circle Wipfel) (New England Engineering) Ben Osgood of New England Engineering and John Klipfel, co-op civil engineering student at Merrimack College were present Mr McDonough read the legal notice Ms Parrino stated the NOI is for an addition to the right of the existing dwelling, addition will be 24' by 24' and will be a single story addition serving as a living room The wetland may serve as ephemeral pool habitat the wetland is not certified nor is it possible to determine at this time if obligate species exist Caddisfly cases were identified during a brief investigation and it appeared the wetland may hold several feet of water The 25' No-Disturbance Zone is not being maintained and significant debris pile is located in the wetland resource area Mr Manzi stated he wants the 25- foot No-Disturbance zone restored with plantings and possibly construction a stonewall John Klipfel stated when they were younger they use to skate on the pond in the winter, however, the area does not hold as much water now as before Mr Masse stated he wants the applicants to submit an affidavit declaring they have not seen water in the area for more than a two months period A motion to continue to the September 24, 2003 meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous r 1 242- — 158 Coachman's Lane (Watson) (Merrimack Engineering Services) Robert Daley of Merrimack Engineering Services and the contractor Mr Watson were present ` Mr McDonough read the legal notice Ms Parnno stated the project proposes construction of an addition in the Watershed Protection District Stormwater will be managed through a grass lined infiltration swale that outlets along the 25'No-Disturbance Zone Mr Lynch questioned if VHB has reviewed the drainage design Mr Daley stated project has been approved by the Planning Board on September 9, 2003 Mr Lynch stated his concerns about the subsoil and the high water level in the area and the recharge rate of the infiltration swale Mr Manzi and Mr Lynch want the swing set removed from the 25-foot No-Disturbance Zone and discussed reestablishment of the 25' No-Disturbance Zone in the area between Flag A8 to Flag A10 Mr &Mrs Watson agreed to remove the swing set and let the natural vegetation re-establish naturally Ms Parnno will meet with the applicants on site to discuss an appropriate re-vegetation plan in existing disturbed No-Disturbance Areas A motion to continue to the September 24, 2003 meeting and to work with Ms Parrino on a planting plan was made by Mr Lynch, seconded by Mr Mabon Unanimous Decisions Lot 1 & 2 Great Pond Road A motion to issue a decision in 21 days was made by Mr Mabon, seconded by Mr Manzi Unanimous 1025 Osgood Street A motion to issue a decision in 21 days was made by Mr McDonough, seconded by Mr Mabon Unanimous 119 Duncan Drive A motion to issue a negative determination with conditions was made by Mr McDonough, seconded by Mr Mabon Unanimous 32 Hollow Tree Lane A motion to issue a negative determination with conditions was made by Mr McDonough, seconded by Mr Mabon Unanimous Meeting Adjourned at 10:15 pm