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HomeMy WebLinkAbout2003-09-24 Conservation Commission Minutes t Conservation Commission Meeting Minutes O September 24,2003 Members Present: Scott Masse, Chairman, Albert Manzi, Jr, Vice Chairman, Deborah Feltovic, and John J Mabon, Joseph W Lynch, Jr Members Absent: Sean F McDonough, Beth Wescott Staff Members Present: Julie Pamno, Conservation Administrator, and Alison McKay, Conservation Associate,Donna Wedge, Conservation Secretary Meeting Came to order at 7:00pm Quorum Present. General Business 242-1171,Modification, 50 Bridle Path (O'Neil) The applicant Peter O'Neil was present Mr O'Neil presented pictures to the Commission and discussed the changes made to the rear of the house which resulted in the need to relocate the egress from the living room Ms Parrino stated the applicant is proposing to construct a retaining wall and to conduct grading and filling activities to provide access from the new doors built off the living room, as required by the building codes Three steps are being proposed to access down from the elevated area, however the steps extend beyond the addition and are located in the 50' No-Build Zone The applicant came to the Conservation Department and inquired about options Mr O'Neil originally proposed a landing and a set stairs off the back of the sliding door, however it was expressed to hum the landing would be new construction in the No-Build Zone The applicant is also proposing to install a drain at the end of the driveway to pipe the runoff directly into the recently installed infiltration pipe This is necessary to reduce the scouring at the end of the driveway Mr Lynch stated he prefers the detail E, which proposes the construction of the wall and fill Mr Mabon questioned the area of the fill activities and was concerned about the amount of fill being applied so close to the resource area Ms Pamno recommended daily monitoring during the fill activities Prior to activities, the applicant must submit a detail of the drainage structure that will be installed at the end of the driveway Mr O'Neil submitted a computer sketch of the potential drainage design at the end of the driveway A motion to grant the modification with conditions was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1143, COC, 45 Hollow Tree Lane(Feeney) (Merrimack Engineering Services) No one was present Ms McKay stated the Order of Conditions was issued on 6/13/02 for construction of a replacement septic system and associated work The As Built is consistent with the proposed plan The removal of the mulch area in the no-disturbance area was required and has been removed The wetland markers were required and they are up The required 4 Highbush Blueberry and 4 Northern Arrowwood plantings in the area of disturbance appeared to be healthy The pre-construction documentation notes that the Environmental monitor would be (�) Todd Bateson or Steven Eriksen of Norse Environmental The work was conducted in a very short period of time and Bateson may have called into the office to give updates, however no written reports were submitted to our knowledge The applicant was under the impression that Bateson was handling the monitoring requirements A small administrative fine was levied and paid for failure to submit written reports The site is stable and there are no other issues A motion to issue the COC and the bond release was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1144, COC, 445 Boston Street (Connolly) (O'Neil) The applicants Mr &Mrs Connolly were present Ms Parrino discussed the Order of Conditions for this project was issued on 5/28/02 for the installation of a replacement septic system in the existing location The as built is consistent with the proposed plan The wetland markers were required and are in place The red maple tree does not look healthy All the other plantings appear to be in good health A recommendation was made to have the applicant replace the red maple if it does not survive the winter Mr Masse stated we should not issue a conditional COC The applicants stated they have a 2 year warranty on the red maple tree and will have it replaced if it does die A motion to issue the COC and bond release was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1125, COC, 415 Winter Street(Carlton)(New England Engineering) No one was present Ms McKay stated the Commission voted to deny the COC and issue a$100 per day fine, not to exceed $500, until sufficient reports have been filed Ben Osgood has since submitted a report documenting he had been on site several times during construction, but was not formally hired to be the monitor A small fine was levied and paid A motion to issue the COC and the bond release was made by Ms Feltovic, seconded by Mr Manzi Unanimous 242-982-Extension,Equestrian Drive 47-51 Equestrian Drive(Welsch) No one was present Ms Pamno stated an extension permit was issued last October and this request will be the last The septic line to the leach field required a crossing through BVW The crossing has been re-established with herbaceous wetland plants Ms Parrino walked the site with the applicant and requested that erosion controls be replaced in several locations No significant siltation problems were identified on the property Mr Pamno presented pictures to the Commission of the site Members raised concerns over the instability of the site over a several year period and considered denying the extension request without prejudice The Commission discussed that considerable stabilization of the site should be conducted over the next two weeks and should be conducted to Ms Parrino's satisfaction Mr Manzi recommended an Enforcement Order be issued to stabilize the site and to deny the extension A motion to deny the extension and to issue an Enforcement Order without prejudice to stabilize the site to the satisfaction of Ms Parnno by ???was made by Mr Manzi, seconded by Mr Lynch Unanimous Enforcement Order Ratification 193 Berry Street(Padellaro) Ms Parnno stated the boulder wall has not been constructed and the applicant may have installed rocks spaced every three feet apart on the site, which is not satisfactory to the required condition The applicant has not yet submitted a monitoring report for the spring and fall and an EO was issued requiring submittal of the reports and completion of the wall by October 24, 2003 A i^ motion to ratify the Enforcement Order was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-908 Osgood Street Transportation Project Ms Parrino stated she met with DPW staff to review the project for compliance During the meeting, an inspection of the project was conducted a significant amount of silt was identified in the stilling basin, as a result of a large storm several weeks ago It was discussed that the silt , must be removed and the np-rap be replaced In addition, many of the plants in the replication area did not survive, primarily the herbaceous plantings which had been planted on two occasions Ms Parrino issued an Enforcement Order mandating removal of silt, reconstruction of the stilling basin, planting of the 25' No-Disturbance Zone in lieu of replanting the herbaceous vegetation, installation of the boulder wall and required signs Mr Manzi stated he wants all the catch basins associated with this line cleaned out with submitted proof A motion to ratify the Enforcement Order with additional requirement of cleaning all catch basins was made by Mr Lynch, seconded by Mr Manzi Unanimous Filing Fee Appropriation An additional $769 21 needs to be appropriated from the wetland filing fee account to cover the additional costs associated with the Regulation revisions and conversion of all files into PDF for websrte access A motion to appropriate $769 21 was made by Mr Manzi, seconded by Mr Mabon Unanimous No Recess Public Hearings 8:00pm Requests for Determination of Applicability (RDA) 101 Crossbow Circle(Barkely)(New England Engineering) (Cont. from 9/10/03) Ben Osgood of New England Engineering was present The hearing was readvertised due to a continuation of over 30 days Ms Parrino stated prior to any work being conducted on site, all the debris must be removed from the wetlands and the area must be revegetated with alders All the grass clippings must be removed from 25-foot No-Disturbance Zone The wetland line changes as requested by the Department have been reflected on the submitted revised plans Conditions should include removal of debris, implementation of the plantings, installation of erosion controls and markers and a preconstruction inspection A motion to issue a Negative Determination with conditions was made by Mr Manzi, seconded by Mr Mabon Unanimous 659 Forest Street(Reed) The applicant Robert Reed was present Mr Lynch read the legal notice Ms McKay stated this filing is an after the fact filing which was required under an Enforcement Order for the replacement of two decks within the buffer zone The closest point of the newly constructed decks is 79 feet from the edge of the wetland The work has been completed and the site is stable A motion to issue a Negative Determination with conditions including installation of wetland markers was made by Mr Manzi, seconded by Ms Feltovic Unanimous ` 416 Abbott Street(Hannon) (New England Engineering) Ben Osgood of New England Engineering was present Mr Lynch read the legal notice Ms Parrino stated that this filing was an after the fact filing required under an Enforcement Order issued on 2/27/03, for the reconstruction of an existing deck,which is partially completed within the buffer zone The violation was discovered last fall and the applicant claims to have been converting a deck into a three-season room As of February, the applicant had not yet filed and an Enforcement Order was issued mandating a RDA filing by 3/28/03 for unpermitted activities The filing was never received by this date, therefore a second Enforcement Order was issued on 8/27/03 to submit the filing by no later than 9/12/03 An administrative penalty was also issued in the amount of$300 The work is located within 100 feet of an intermittent drainage channel, which appears to originate on this property and flow onto abutting properties and under Marblendge Road The wetland line was reviewed and approved The addition is approximately 75 feet away from the resource area The fine has been paid A motion to issue a negative determination with conditions (wetland markers and submission of an as-built plan upon completion)was made by Mr Manzi, seconded by Ms Feltovic Unanimous Notice of Intent(s)(Continued) 242-1210, Lot 3 Forest Street (Finocchio)(Hancock Environmental Consultants) Richard Albano of Hancock Environmental Consultants and the applicants, Michael Finocchio and Jeanine Finocchio were present Ms Parrino left the room due to a conflict of interest Ms McKay stated the limit of work has been revised, decreasing the amount of the buffer zone impact The revised plans were received after the 7-day filing deadline, but have been i ) satisfactorily reviewed The limit of work has been adjusted in this manner The applicant has agreed to relocate the erosion controls in order to reduce the limit of work area in lieu of building a wall The applicant wishes not to place the wall barriers on the property The pool has been modified to include decking around the pool and associated fencing All the setbacks are being met The soil stockpiling areas have also been added to the plan Mr Albano stated the nprap has been moved up on the south side as he knew Mr lynch had concerns about this area The applicant Michael Finocchio stated the pool would have a cartridge filter A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1213, 17 Wildwood Circle Wipfel) (New England Engineering) Ben Osgood of New England Engineering and the applicant Mrs Klipfel were present Ms Parrino stated at the previous hearing, restoration of the 25-foot No-Distrubance Zone was discussed and the applicant was to submit a planting plan and an affidavit Mr Osgood stated the planting plan would include white pines and red maple trees Ms Pamno just received the planting plan and quickly reviewed it for approval A motion to close the hearing and issue a decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1215, 158 Coachman' s (Watson)(Merrimack Engineering) Robert Daley of Merrimack Engineering and Mr Watson were present Ms Parrino stated she had met with the applicant and the engineer in the field to determine the limits of No- Disturbance zone restoration The applicant agreed to remove the swing set and restore the 25- foot in this particular area A specific planting plan was discussed in the field and plant species are specified on the submitted revised plans The revised plans also display the extension of a crushed stone walkway area A DEP number has not yet been assigned and revised plans were just recently submitted The Corliss Brothers will be conducting the landscaping activities A motion to continue to the October 8, 2003 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous Notice of Intent(s) (New) 242-1214, 1003 Osgood Street,(Thomas Properties LLC)(West Environmental)(Reauest to cont. to 10/8/03) Applicant submitted a request in writing not to open the public hearing and requested a continuance to the next scheduled hearing Project Updates Lot 5& Lot 6, Chestnut Street(Joyce) Scott Masse left the room, Mr Manzi took over as Chairman Mr Manzi stated the expert in this area is Patrick Seekamp this is above and beyond from being fined Mr Lynch stated there is an appeal in court for the fines which continue to be accumulated Mr Manzi expressed his concerns with the instability of the site and the little time left for stabilization as frost will exist in several weeks Mr Manzi wants the street swept all catch basins associated with Chestnut Street and Woodlea Village cleaned by Wednesday, October 1, 2003 by 5 OOpm and wants documentation submitted Mr Manzi wants DEP Strike Force to be notified of this problem to inquire whether they can assist in Enforcement and stabilization requirements The fines are not ready to be settled in court as ongoing work continues Scott Masse returned as the Chairman Woodlea Village Ms Parrino discussed the problem of the drainage swale has been an ongoing issue A fine was issued for$1000 for necessary encroachments into the 25-foot No-Disturbance Zone for regrading of the Swale The fine was paid and the applicant was instructed to complete the swale Work was anticipated in April of 2003 and as of June of 2003 activities had not yet commenced due to the applicants assertion of a wet spring The applicant was issued an Enforcement Order mandating immediate completion of the grading activities A$300 per day fine was issued until activities commenced The fine has been appealed to the court The drainage swale has not yet been signed off by DPW or Conservation Mr Manzi wants this problem to be fixed and in compliance with the Conservation Commission 22 Woodlea Drive(Eugene Garcia) Ms Parnno stated an Enforcement Order was issued for failure to properly plant an altered 25' No-Disturbance Zone as instructed by Ms Pamno The Enforcement Order mandates additional restoration to clearly demarcate the 25'No-Disturbance Zone A motion to ratify the Enforcement Order was made by Mr Manzi, seconded by Ms Feltovic Unanimous 1 Decisions 416 Abbott Street, (Hannon)(New England Engineering) A motion to issue a negative determination with conditions including wetland markers and submittal of as-built plan was made by Mr Manzi, seconded by Ms Feltovic 659 Forest Street (Reed)A motion to issue a negative determination with conditions including installation of wetland markers was made by Mr Manzi, seconded by Ms Feltovic A motion to adjourn the meeting at 9:45pm was made by Mr. Manzi, seconded by Mr. Mabon. 1