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HomeMy WebLinkAbout2004-05-26 Conservation Commission Minutes Conservation Commission Meeting Minutes May 26,2004 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr , Vice Chairman, Joseph W Lynch,Jr , and Deborah Feltovic, John J Mabon, Sean F McDonough Members Absent: Beth Wescott Staff Members Present: Alison McKay, Interim Conservation Administrator, Donna Wedge, Conservation Secretary Meeting came to Order at: 7:1Opm Quorum Present. General Business 242-805, COC,Lot 12 Sherwood Drive (Messina Development)(Christian & Sergi,Inc.) The applicant Robert Messina was present Ms McKay states the Order of Conditions was issued for construction of a single family home, driveway, and grading within the buffer zone to a bordering vegetated wetland The applicant previously requested a COC in November of 2001, which was denied on the basis that a modification was needed for the deck and additional driveway turn around The Commission approved these Modifications at the 1 st meeting in April The deck footing is located 5l' from the wetland and was verified by Rick Paquette and myself The house has been completed for some time, therefore the site is stable The 25' and 50' setbacks are being met no issues A motion to issue the COC and bond release was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1105, Amendment,284 Salem Street(Palmer)(Rimmer Environmental& McKenzie) The applicant David Palmer and Mary Rimmer of Rimmer Environmental & McKenzie were present Ms McKay states the Order of Conditions was issued on 12/12/01 for expansion, grading and realignment of a existing driveway, installation of a stormwater infiltrator trench, stormwater infiltrator system, construction of a retaining wall, 4-foot wood fence, walkway, removal of the existing pool and 5-feet of existing deck,placement of a hot tub on the deck, and the buffer zone plantings The work is located within the 100' buffer zone, the 25' no- disturbance zone, and the 50' no-build zone of a bordering vegetated wetland, as well as within the 200-foot Riverfront area The site is also located within the Watershed Protection District and within estimated habitat The applicant is proposing the several modifications/changes to approved plan, of which include a revised driveway layout, revised stormwater infiltration system, reduction of the proposed fence length, a reduction in deck size, revised walkway location, elimination of the buffer zone plantings along the edge of the wetland in replacement of a versa-lock retaining wall the size of the wall is unclear, additional grading to the rear of the property to accommodate the wall,the elimination of hay bales as an additional rear walkway, of which a significant portion lies within to 50' no-build, the installation of a small mulch beds abutting a lengthy portion of the of the new proposed retaining wall (please refer to REC letter for details of these changes) I believe the proposed changes have been submitted to Natural Heritage for review No comments have been received The amendment paperwork indicates that the wetland boundary would be reflagged in accordance with the Bylaw I inspected the property on 5/25/04 and wetland boundary was not reflagged Mr Manzi stated the whole house was built in the 25 feet no-disturbance area only place is the front of the house Mr Masse stated a requirement in our local Bylaw is to require the property to be reflagged Mr Palmer stated the pool had collapsed during the winter he drained the pool and had the pool removed Mr Lynch stated there is very high ground water in this area Ms McKay there are a lot of changes here there should be an NOI filed for all these changes The applicant requested withdrawal without prejudice 242-792,COC & Bond Release,Woodlea Village(Ashwood Companies)(Gateway Consultants,Inc.) No one was present Ms McKay discussed some of the history about the project The Order of conditions was issued on 6/19/96 and extended to 6/20/01 for the construction of a cul-de-sac, eleven lots, utilities and grading affecting buffer zone to Bank, Land under Water, freshwater wetland, and bordering vegetated wetland A wetland crossing was necessary for the roadway with 3,726 s f of permanent alteration, 7,461 s f of bordering vegetated wetland replication was required in addition to 3,727 s f of restoration This has been successfully completed and the Bond amount for the replication/restoration has already been released PCOC's were issued for 5 of the lots (IA, 2A, 3, 4, & 5) There are 6 remaining lots including 6, 7, 8, 9, 10, & 11 and associated drainage and site work The as-built plans were submitted as well as an Engineers letter certifying compliance Per condition# 15 of the Order, all catch basins have been cleaned and are free of accumulated silt and debris The owners have raised concerns of the regarding of the constructed drainage swale The staff has not analyzed the proposed drainage Swale to as- built conditions to determine whether the swale was built as designed The total Bond amount was $ 88,000 The paperwork indicates that $ 24,000 remains It appears that there may be a few minor encroachment areas on lot 6 & 7 The staff has not verified compliance in the field A motion to continue to June 6, 2004 meeting was made by Mr Lynch, seconded by Mr Manzi Unanimous Enforcement Order Ratification 10 Keyes Way- Ms McKay discussed the violation there was cutting of trees in the no- disturbance area Ben Osgood submitted a planting plan Mr Manzi stated there may be and open Order of Conditions A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Mabon Unanimous Recess 10mins. Public Hearings 8:00pm Request for Determination of Applicability(s) 115 Barker Street(Green)(New England Engineering) Ben Osgood of New England Engineering was present Mr McDonough read the legal notice Ms McKay discussed the filing is for construction of an addition to an existing dwelling in the buffer zone to a bordering vegetated wetland The construction of the addition will occur within the confines of an existing deck and will be built using four additional concrete sona tubes footings, which will be had dug No machinery will be necessary The 50' and 25' set backs will 1 be met as proposed The closet point of the proposed work to the resource area will be 65 feet away from the resource area The haybales and silt fence are proposed work in an adequate location The wetland line has been reviewed and approved There are several areas of leafs piles, grass clippings & brush piles were observed within the resource are and just adjacent to the boundary Clean-up conditions should be included in the decision A motion to issue a negative determination with conditions was made by Mr Manzi, seconded by Mr Lynch Unanimous Abbreviated Notice of Resource Area Delineation (s) 242-1251, Winter Street(Elias) (Serwatka) Joseph Serwatka of Serwatka Engineering was present Ms McKay states the filing is for construction of the wetland resource area boundary and associated buffer zones The future proposed work was reviewed by the Town's Technical Review Committee The site is in the watershed and applicant is aware that a Watershed Special permit is necessary for any proposed work The wetlands were flagged by Wetlands & Land Management, Inc on March 19, 2004 and are noted on the plan I reviewed the wetland boundary with the engineer on 5/4/04 and requested only 1 change The wetland flag A10 was to be moved by 9 feet up This revision was made and is shown on the plan All the buffer zones are shown on the plan there are no issues A motion to issue ORAD confirming boundary and associated buffer zones was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-0000, Summer Street & Mollytowne Road (Gillen)(Christiansen & Sergi,Inc.)(Request to continue to 6/9/04) No one was present A request to continue to June 9, 2004 A motion to continue to June 9, 2004 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous Notice of Intent(s) 242-1223, Lot 6 Ogunquit Road, Rocky Brook Estates (Breen)(Neve-Morin Group) No one was present The applicant request to continue to June 23, 2004 meeting A motion to continue to June 23, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1232, 1003 Osgood Street-Lakeview Farm Development (Thomas Properties) (West Environmental)(cont. from 5/13/04) The applicant Brian Darcy and Mark West of West Environmental were present Mr Masse and Mr Manzi left the room they recused from voting conflict of interest Ms McKay states the stream stats data has been received showing to be intermittent At the last meeting, the Commission requested more detail to the Turf Management and Pest Management plan in regards to the soccer field This has been submitted Also as requested was fencing around the dumpster to extend 300 feet at the rear of the property Revised plans have included this request The final review letter submitted by Lisa Eggleston on May 25` indicating the revised plans are adequate and that there are no further stormwater design concerns The draft decision prepared by West Environmental has not been reviewed In previous conversations with Lisa Eggleston, additional soil testing should be conditioned in the Order A motion to close and issue a decision in 21 days was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1237, Lots 277 & 278 Cotuit Street (Highview LLQ (Environmental Designs)(Cont. from 5/12/04) Kenneth Ahern was present Ms McKay states at the last meeting, the Commission requested stormwater recharge due to the increase of impervious surface at the site This was also a concern of the Town Engineer and of abutters The revised plans have been submitted to include a roof dram drywell in addition to all items as addressed in the Town Engineer see Letter May 18, 2004, Merrimack Engineering letter for specifics There are no remaining issues An abutter Brian Long on Cotuit Street the applicant had discussed the stormwater management with him and he has no problems with the plan The Commission wants Merrimack Engineering letter and revised plans to remove wetland flags A motion to continue to June 9, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1242, 52 Bannon Drive (Cyr) (Giles Surveying) (cont. from 5/12/04) The applicant Mr & Mrs Cyr and Scott Giles of Giles Surveying were present No Abutters present Ms McKay states a follow up letter was written to address the submitted planting scheme To this end, specific enhancement plantings and procedures will be incorporated into the Order An alternative analysis and a note regarding plantings have been added to the plan as requested Mr Manzi states no other alternative analysis other than this plan Mr Giles states he reduced the slope by 10% with erosion controls the silt fence and the homeowners have to replace loam between the wall every year A motion to close and issue decision in 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1246,316 Johnson Street (Reilly) (Merrimack Engineering)(cont. from 5/12/04) The applicant Mr & Mrs Reilly and Robert Daley of Merrimack Engineering were present Ms McKay states a larger sized landscaping plan has been submitted The plan should include only indigenous, non-invasive species and a much more intensive planting scheme within any previously maintained lawn within the 25' no-disturb Note 7 on sheets 2 of 5 indicates that plantings will be required within the 25' no-disturb as determined by the N A C C The revised plans show a reduction in impervious pavement the bluestone terrace has been back out of the 50' no-build The revised plans also note that the proposed screen porch will not in an impervious area and will occur within the existing porch footprint A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1247,Geene Street, Kenwood Street, & Mass Ave. (Capital Group Properties)(Seekamp Environmental Consulting, Inc.)(cont. from 5/12/04) Patrick Seekamp of Seekamp Environmental Consulting, Paul Slazik of Capital Group Properties were present Ms McKay states the correct revised plans have been submitted At the last meeting, the applicant agreed to work with an abutter, Mr Albert Kwok of 58 Jetwood Street, to place evergreen trees for screening purposes Mr Seekamp states there was a serious blowout it was like a water main break water flooding down the street The applicants have been working very diligently on stabilizing the site The applicant was advised what to do installed jute matting on the swale hand cleaning to repair swale The DPW cleaned out the culvert, which was very blocked at 317 Green Street so the issue should be taken care of for now Hay bales added check dams all down the slope were installed The replacing of planting and loam damage control will take at least two days The applicant will be very active in plantings being replaced going forward to stabilize the site as soon as possible A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1250, Adams Ave Drainage Improvement Project (DPW)(Weston & Sampson)(cont. from 5/12/04) William Hmurciak of The Department of Public Work and Frank Occhipinti of Weston & Sampson were present Ms McKay stated stormwater management Upon my review, I recommend that the project be reviewed by a third party stormwater consultant to ensure that stormwater requirements are adequate as proposed Additional riprap will also be placed along the streambed as an improvement There is minimal vegetation protecting the stream system and associated bank One tree is proposed to be cut down in order to perform the work activities I recommend mitigate buffer zone plantings as part of the proposed along the bank The applicant currently proposes to loam and hydroseed any disturbed areas once completed Mr Lynch states there is a lot of discharge running down the side of the road Also the rainfalls at the catch basin a square grate their gutter control private inflow the houses have sub pumps the homeowners should be able to tie into the new drainage The work should be done in the summer months when the stream would have lower water level A motion to continue to June 9, 2004 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1249, Sutton Hill Rd., Peters Street, & Wood Lane-Water Main Replacement (DPW)(Weston & Sampson)(cont. from 5/12/04) William Hmurciak of the Department of Public Works and Frank Occhipinti of Weston & Sampson and James Finnegan were present Ms McKay discussed the filing is for installation of a water main within the buffer zone to a bordering vegetated wetland land under water (pond), bank and streambed Except of hydrants, all work will be within paved roadways Some of the work will occur within the 25' no-disturb, thus a waiver from this provision There is a crossing under a culvert at Sutton Hill Road (Sheet C-1) This crossing is explained in detailed on a May 24, 2004 correspondence The water main must be installed under the culvert because it must have a minimum cover of 5 feet and the invert of the culvert is approximately 4 5 feet Haybales and silt fence are proposed and catch basins will be protected The proper dewatering methods are also proposed Weston & Sampson delineated the wetlands on October 20, 2003 Upon review of the delineation, many flags were missing, missing numbers of shown in the reverse order on the plan as was the case for the Peters Street Pond (Sheet C-2) I do question the placement of wetland flag A-9 at the Sutton Hill Road culvert crossing Royal Fern and skunk cabbage (both obligate species) are found up gradient to this flag (Sheet C-1) I can condition that the wetland must be reflagging prior to construction Mr McDonough questioned if the work would at the edge of the roadway Mr Finnegan stated yes the work would be done on the edge of the roadway Mr Mabon stated would cut into pavement and trench to install the piping 6 feet deep the new pipe would be placed next to the old pipe the old pipe would be abandon Mr Finnegan stated on Sutton Hill Road the work would on the paved road to prevent silt run- off hay bales, silt fence, and filter fabric for dewatering Peters Street would be shut down to any traffic while work is being done Erosion controls would be haybales, silt fence, some stockpiling on the side of the trench then would fill the trench when work completed A motion to close and issue decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous Notice of Intent (s) (New) 242-1253, Gray Street-Lot 3 (Litchfield)(Serwatka) Joseph Serwatka of Serwatka Engineering was present Mr McDonough read the legal notice Ms McKay stated the filing is for associated clearing and grading associated with construction of a single family dwelling within the buffer zone of a bordering vegetated wetland The dwelling and all other associated work will be located outside the buffer zone The buffer zones to the bordering vegetated wetland approved under ORAD in April of 2002-DEP# 242-1127 The hay bales and silt fence are being proposed in adequate locations An abutter John Pouley of 71 Paddock Lane was present A motion to close and issue decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-0000,2177 Turnpike Street-Lot 66 (Casey) (Serwatka) Joseph Serwatka of Serwatka Engineering was present Mr McDonough read legal notice Ms McKay stated the Order of Conditions was issued on 2/21/01 for construction of single family home, septic system, driveway, grading and associated appurtenances with in the buffer zone to a bordering vegetated wetland The order expired on 2/21/04 respectively and work has not been completed A pre-construction meeting was held April of 2003, in which the applicant was given the approval to start work At the time of this inspection, the applicant was reminded that an extension would be necessary by the beginning of January No extension was requested, thus triggering this new filing Condition # 47 of expired Order required the applicant to permanently mark the edge of the 25' N-disturbance Zone with permanent field stonewall prior to construction, subject to review and approval by the Commission The permanent stonewall has not been constructed I feel that this condition should remain in the new Order as pre- construction requirement and should be first order of business upon approval The height and type of wall should be discussed and specified I would also recommend that the new plans depict the stonewall and include a wall detail The erosion controls are in place but are in very poor condition All erosion controls will need to be adequately refresh/replace for immediate site stabilization purposes The site was cleared in preparation of site activities and the culvert was installed at the driveway crossing, but no other work commenced The wetland markers were placed along the 25' no-disturb every 25' but one marker had fallen off of the tree and was found on the ground The site is not stable (exposed soil) but there are no areas of concern or immediate threat of any break out areas There is a lot accumulation of sediment at the outlet of the driveway culvert This should be cleaned up and appropriate outlet protection should be installed Wetland flagging was missing and was not re-delineated upon the re-filing A motion to continue to June 9, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-0000,2192 Turnpike Street(Conroy) (New England Engineering) Ben Osgood of New England Engineering was present Mr McDonough read the legal notice Ms McKay stated the filing is for construction of an addition to an existing single-family dwelling and extension of an existing driveway with associated grading in the buffer zone to a bordering vegetated wetland A 3-foot segmental block retaining wall is being also proposed beyond the driveway extension It appears that the wall is being construction to hold back the proposed grade I recommend extending the wall along the 25' no-disturb as a buffer zone barrier to deter from encroachment The 25' no-disturb and 50' no-build are met as proposed One corner of the addition is proposed exactly 50' from the wetland resource area A condition of staking the addition by survey prior to construction and as-built foundation plan Staked hay bales and trenched silt fence are okay as proposed A soil stockpiling is also noted on the plan The wetland line has been reviewed and approved Wetland Flag A-3 had fallen and needs to be rehung in correct location Mr Lynch stated the infiltration system needs to be worked on for this project Mr Manzi stated the tree line here is very wooded area there is a 10-foot drop, there should be double-staked hay bales increase of a blow out with amount of water the wall should be a condition in the Order A motion to continue to June 9, 2004 meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-0000, 315 Turnpike Street-Monican Boulevard Relocation (Merrimack College)(Sasaki Associates) Tracy Gangi of Sasaki Associates was present Mr McDonough read the legal notice Ms McKay stated the filing is for the realignment of Momcan Boulevard to improve traffic flow from Route 114 the project consists of removing existing pavement and associated restoration New information continuously kept getting submitted beyond the 7-day policy and thus not allowing staff to provide an accurate review I strongly urged the applicant's representative to request to continuance to the next hearing so that any issues could be ironed out and supporting information could be submitted within the appropriate time frame Stormwater management is required and proposed An escrow account should be set up for outside stormwater review An RDA was approved on 5/9/02 for confirmation of local jurisdictional wetland resource boundary only This information was not included in the filing It was requested that this information be properly submitted and documented Nothing has been submitted as of yet Also, the documentation was sent to the DEP for a file number and the project is a local filing only The mitigation includes a comprehensive stormwater management plan and O & M Plan A motion to continue to June 9, 2004 was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1252, 315 Turnpike Street-Synthetic Turf Field (Merrimack College) (Sasaki Associates) Tracy Gangi of Sasaki Associates was present Mr McDonough read the legal notice Ms McKay stated the filing is for the reconstruction of an existing playing field and the installation of underground drainage and synthetic turf An escrow account should be set up for outside review New information continuously kept getting submitted beyond the 7-day policy and thus not allowing staff to provide an accurate review Some of the original information submitted was incorrect Again, I strongly urged the applicant's representative to request a continuance to next hearing so that any issues could be ironed out and supporting information could be submitted within the appropriate time frames I spoke to the applicant's representative regarding some concerns that I wished to address prior to a public hearing (particularly the proposed wetland filling, the 25-foot encroachment areas and the appropriate mitigation requirements) Additionally, no alternatives analysis has been included in the application as required A motion to continue to June 9, 2004 meeting was made by Mr Manzi, seconded by Mr Lynch Unanimous Decisions 242-1242,52 Bannon Drive (Cyr) (Giles Surveying) A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous Mr Manzi wants to have applicant to remove the shed 242-1246,316 Johnson Street(Reilly) (Merrimack Engineering) A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1232, 1003 Osgood Street(Thomas Properties) (West Environmental) A motion to close and issue a decision in 21 days was made by Mr Mabon, seconded by Ms Feltovic Unanimous 115 Barker Street(Green) (New England Engineering) A motion to issue a negative determination was made by Mr Manzi, seconded Mr Lynch Unanimous 242-1241,35 Hollow Tree Lane (Nugent) (New England Engineering) A motion to set the bond amount at $ 1,500 was made by Ms Feltovic, seconded by Mr Manzi Unanimous 242-1248,303 Berry Street (Perry) (New England Engineering) A motion to set the bond amount at $ 2,000 was made by Ms Feltovic, seconded by Mr McDonough Unanimous 242-1251,Winter Street (Elias) (Serwatka) A motion to issue an ORAD was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1247, Greene Street, Kenwood Street, & Mass Ave. (Capital Group Properties) (Seekamp Environmental Consulting, Inc.) A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1253, Gray Street-Lot 3 (Litchfield) (Serwatka) A motion to set the bond amount at $ 2,000 was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1249, Sutton Hill Road, Peters Street, & Wood Lane-Water Main Replacement (DPW)(Weston & Sampson) A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Lynch Unanimous A motion to adjourn the meeting at: 10:00pm was made by Mr. Mabon, seconded by Mr. McDonough.