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HomeMy WebLinkAbout2004-10-13 Conservation Commission Minutes Conservation Commission Meeting Minutes October 13,2004 Members Present: Scott Masse, Chairman, and Joseph W. Lynch, Jr., John J. Mabon and Sean F. McDonough Members Absent: Beth Wescott, Albert Manzi, Jr , Vice Chairman, Deborah Feltovic Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, and Donna Wedge, Conservation Secretary Meeting Came to Order at: 7:05pm Quorum Present. General Business 242-1252,Modification,315 Turnpike Street-Merrimack College Synthetic Turf Field (Merrimack College) (Wetland Preservation Inc.) (cont. from 9/8/04)(Re(luest to cont. for 10/13/04) The applicant Robert Coppola of Merrimack College was present Ms McKay stated that the Commission requested revised plans showing the location of the fence The revised plans were submitted showing the proposed fence line as requested Present to vote Scott Masse, Joseph Lynch, John Mabon and Sean McDonough A motion to issue the modification was made by Mr Mabon, seconded by Mr Lynch Unanimous NACC # 16, Partial Bond Release,315 Turnpike Street(Merrimack College)(Wetland Preservation, Inc.) The applicant Robert Coppola of Merrimack College was present Ms.,Merrill stated that the Order of Conditions was issued for the realignment of Monican Boulevard to improve traffic flow at Merrimack College Portions of the work were conducted within 100-feet to an IVW The applicant also proposed to restore approximately 7,768 s f of buffer zone within the 25-foot No-Disturbance Zone Wetlands Preservation, Inc , was retained to monitor the buffer zone restoration plantings for two full growing seasons, and submit monitoring reports The plantings were installed in September 2004 To date, all work approved under the Order has been completed The applicant was requesting a partial bond release in the amt $ 6,666 66 (approx 2/3 of the $1 OK bond). Ms. Merrill said she conducted a site inspection on 10/7/04, which revealed that all disturbed areas were stable with grass vegetation, and the plantings were installed in accordance with the approved plan All tree plantings were observed healthy, with no signs of stress Wetlands Preservation, Inc , would continue to monitor the restoration area for the two-full growing seasons, and submit subsequent reports Mr Lynch expressed his concerns with winter stress caused by salt and sand Ms Merrill suggested having the spring monitoring report to include the number of plantings that had survived the winter Mr Lynch stated that the plantings should be monitoring immediately after planting, throughout the winter and during the spring Wetlands Preservation, Inc., should submit a spring monitoring report to the NACC Mr Masse stated that there is a two-year monitoring requirement for restoration plantings Typically, the NACC does not release any bond money until the applicant has submitted proof that the plantings have successfully survived one full growing season Present to vote Scott Masse, John Mabon, Joseph Lynch and Sean McDonough A motion to deny the partial bond release was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1187, COC, 500 Great Pond Road (North Andover Country Club)(Giles) No one was present Ms Merrill stated that the Order of Conditions was issued for constructing an addition to an existing maintenance building, as well as the construction of a chemical storage shed within 100-feet of both a BVW and an IVW. The site was also located within the Watershed Protection District. All work approved under the Order of Conditions has been completed A site inspection was conducted on 10/8/04 and all wetland flags were up and markers were observed along the 25-foot No Disturb The erosion controls associated with the chemical shed remain in the field The as-built plan was consistent with the approved plan During Ms Merrill's inspection, she stated that she observed a debris/dirt stockpile located behind the chemical shed and in front of the erosion controls The stockpile had not exhibited any signs of run-off towards the erosion controls, even though it was exposed Also, in accordance with Condition# 64, two "No Snow Stockpiling" were to be installed up slope of the wetland flags A-1 and A-3 These signs were not posted, rather two "Protected Wetland Resource" markers were up at the edge of the parking area Pre- Construction documents indicated that Ben Osgood was the designated Environmental Monitor There were no reports found in the file Mr Osgood, who was present in the audience, stated that he was not hired by the North Andover Country Club to monitor the site Present to vote Scott Masse, John Mabon, Joseph Lynch and Sean McDonough A motion to deny the request for the COC was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1108, COC, 119 Old Farm Road (Buxton)(Neve-Morin Group) No one was present Ms Merrill stated that the project consisted of the construction of a grass swale, located at the edge of the driveway to the adjacent BVW, in order to alleviate on-going flooding As part of the conditional approval, the existing shed was to be relocated outside of the 50' No-Build Zone, and a row of silky dogwoods were to be replaced with high bush blueberry shrubs, as approved by Conservation Administrator An inspection was conducted on10/8/04, which revealed the swale, as shown on the as-built plan, was constructed in accordance with the approved plan. The shed had been removed off site, and the plantings were installed just outside of the 25- foot No-Disturb The plantings were observed to be healthy, with on sign of stress Maintenance of this area had ceased, allowing the vegetation to thrive The wetland markers were to be installed at the 25-foot No-Disturb Zone, however there were none located in the field Also noted during the inspection, was a pile of grass clippings, upslope of the wetland flags 103 & 104 and within the 25- foot No-Disturb Zone Ms Merrill stated that this pile should be removed and disposed of properly The OOC required an Environmental Monitor, but no reports were found in the file Mr Lynch stated that the applicant needed to explain why they did not hire an Erosion Control Monitor Ms Merrill also confirmed that a former Administrator did not indicate who the monitor would be on the pre-construction form Present to vote Scott Masse, John Mabon, Joseph Lynch and Sean McDonough A motion to deny the COC for no monitoring reports was made by Mr Lynch, seconded by Mr Mabon. Unanimous 242-1201,COC, 191 Ingalls Street(Delaney)(New England Engineering) Ben Osgood of New England Engineering was present Ms Merrill stated that the Order of Conditions was issued for the construction of an addition to an existing single-family dwelling and relocation of the septic tank within the 100-foot buffer zone to a BVW and vernal pool An inspection was conducted on 10/7/04 All work was completed. The as-built plan is consistent with the approved plan with the exception of the septic tank, which was installed slightly further from the adjacent BVW. In a letter prepared by Ben Osgood, dated 9/28/04, additional landscaping, including a walkway, was added to the project After speaking with the homeowners,the walkway had previously existed and it was just replaced following the construction of the addition This was not noted on the approved plan. All disturbed areas were well stabilized with grass Markers were mandated and were observed along the 25-foot No-disturb Zone The four high bush blueberry shrubs were also planted at the edge of the lawn, upslope of the wetland flag A-2 Ben Osgood was the retained Environmental Monitor Only one report, dated 9/28/04 was submitted Mr Masse raised concerns regarding the existence of the walkway Mr Osgood hand wrote a request for a minor modification for the walkway A motion to issue the modification for the walkway was made by Mr Lynch, seconded by Mr Mabon Unanimous Present to vote Scott Masse, John Mabon, Joseph Lynch and Sean McDonough. A motion to issue the COC and release the bond was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1218, COC, 191 Granville Lane(Lynch)(New England Engineering) Ben Osgood of New England Engineering was present Ms Merrill stated that the approved project was for the replacement of a subsurface sewage disposal system within the buffer zone to a BVW An inspection was conducted on 10/7/04, and all work approved under the Order was complete with all disturbed areas stable with grass vegetation Since the house pre-dated the NACC regulated setbacks, portions of the SFH were located within the 25-foot No-Disturb Zone Markers were installed at the edge of the lawn/BVW The As-built plan was consistent with the approved plan Ben Osgood was retained as the Erosion Control Monitor and only one report dated 9/28/04 was submitted Mr Osgood stated that he was present 3 times while the work was conducted and all the information was included in that one report Present to vote Scott Masse, John Mabon, Joseph Lynch, and Sean McDonough A motion to issue the COC and bond release was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1070, COC,257 Bridle Path (Kealler)(New England Engineering) Ben Osgood of New England Engineering was present. The OOC was issued to construct an addition, deck and abandon the existing septic tank in order to connect to municipal sewer within the buffer zone to a BVW and within the Watershed Protection District. The OOC expired on 6/26/04 In a letter prepared by New England Engineering, dated 9/27/04, stated that all work had been completed with the exception of the following The limit of work was slightly closer to the adjacent wetland in several locations, however the 25-foot No-Disturb Zone was maintained, the deck was configured differently than proposed, but is further from the wetland than originally proposed, and the grading in the rear of the yard was slightly flatter than proposed. The grading met all of the requirements in the OOC A memo written by Mchelle Denney, dated 8-24-01 stated that Brian LaGrasse, Conservation Associate allowed the erosion control to be installed at 24' 6", as the contactor needed more room,and the area was existing lawn Since no trees had to be removed, Richelle did not think this was an issue An inspection was conducted on 10/8/04 The as-built plan was consistent with the approved plan. The site appeared well vegetated with no sign of erosion Mr Lynch stated that there was a minor shift with the deck location. Mr Osgood stated that the deck was built smaller Present to vote Scott Masse, John Mabon, Joseph Lynch and Sean McDonough. A motion to issue the COC and bond release was made by Mr Mabon, seconded by Mr Lynch Unanimous. 242-968, COC, 740 Turnpike Street- Mr. Sudzy Car Wash (Atlantic Realty Trust/Suds Development, LLC)(Merrimack Endneerim)(Reauest to coat. to 10127/04) No one was present No Quorum to vote No action taken Continue to 10/27/04 Enforcement Order Ratification • DPW Salem Street Sidewalk Project A motion to ratify the Enforcement Order was made by Mr Mabon, seconded by Mr McDonough Unanimous • Half Mile Hill A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Mr McDonough Unanimous Proposed Conservation Restriction-Edgewood Farm. Eileen O' Connor, attorney for Edgewood Farm, and Sophie C Koch-Weser were present Ms O' Connor stated that the Trustees of Reservations would be taking care of the land, which has been in the works for a year. The project had to be approved by the Commonwealth of Massachusetts Ms Weser raised concern regarding the large existing barn,which was used for car repairs, to store landscaping trucks, and allegedly there was oil and other containments that had spilled into the ground She also raised concern about ownership Mr Lynch stated he wished to continue the meeting, in order to do more research on the proposed restriction Mr Masse also had concerns about item 9 in the restriction A motion to continue to the 10/27/04 meeting was made by Mr. Mabon, seconded by Mr. Lynch Unanimous No Recess Public Hearings 8:15pm Abbreviated Notice of Intent(s) 242-0000,55 Amberville Road (Martin)(Gouveia)(Cont. from 6/23/04) No one was present. Mr Masse stated that a file # had not been received by the DEP and this project had been on hold for quite a long time now because of it The applicant had never received a file number, even after several submissions to the Boston office Mr Masse stated that the Commission could deny the filing, in order for the applicant to re-submit to the DEP with anticipation on receiving a file number Present to vote Scott Masse, John Mabon, Joseph Lynch and Sean McDonough A motion to deny project and have applicant re-submit to the DEP and re- advertise in the paper was made by Mr Lynch, seconded by Mr Mabon Mr. McDonough opposed 3 -1- 0vote Requests for Determination of Applicability 43 Mill Road(Kober)(New England Engincering)(cont. from 9/22/04) Ben Osgood of New England Engineering was present Ms McKay stated that this was continued because the applicant's representative was not present Present to vote Scott Masse, John Mabon, Joseph Lynch and Sean McDonough. A motion to issue a negative determination and to issue an Enforcement Order for the previously noted violations was made by Mr. Mabon, seconded by Mr McDonough. Unanimous Notice of Intent (s) 242-1231,Amendment, North Andover Town Commons Utility Proiect(Mass Electric)(ENSR)(cont. from 9/22/04)(Reguest to Cont. to 10/27/04) No one was present Ms. McKay stated that at the last meeting, the Commission requested proof of an easement from the landowner and a more in-depth alternative analysis for work within the jurisdictional wetland and the regulated 25' NDZ This alternative analysis should include identification of other potential sites and a cost analysis of these alternative locations Ms McKay further explained that although the proposed location of the switchgear would be frequently inundated with water, the site was not within floodplam Ms. McKay stated that she could not verify the wetland boundary during the site review, as the field had been mowed. Only flag ENSR-4 and ENSR-5 (not shown on plan) were visible Present to vote Scott Masse, John Mabon, Joseph Lynch, and Sean McDonough A motion to continue to the 10/27/04 meeting was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1272, Gray Street, Lot 5 (Litchfield)(Serwatka)(cont. from 9/22/04) The applicant,Paul Litchfield and Joseph Serwatka of Serwatka Engineering Services were present. Ms McKay stated that the erosion controls were relocated to the limit of work as requested At the last meeting the Commission requested future proposed decks, walkways, etc , to be shown on the plan, setbacks from structures to the resource area, and a boulder wall barrier around the IVW Revised plans were submitted reflecting these changes Present to vote Scott Masse, John Mabon, Joseph Lynch and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr. Mabon, seconded by Mr McDonough Unanimous 242-1271, Gray Street, Lot 8 (Litchfield)(Serwatka)(cont. from 9/22/04) The applicant,Paul Litchfield and Joseph Serwatka of Serwatka Engineering Services were present Ms McKay stated that the additional 20-foot scale plan was submitted as requested No other issues were identified Present to vote Scott Masse, John Mabon, Joseph Lynch, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-1269, 100 Raleigh Tavern Lane (Arsnow)(New England Engineering)(cont. 9/22/04) Ben Osgood of New England Engineering was present Ms McKay stated that the Commission continued because no one was present for the previous hearing The Commission discussed adding a condition to install six (6) wood duck nesting boxes along the perimeter of the house lot Present to vote Scott Masse,John Mabon, Joseph Lynch and Sean McDonough. A motion to close and issue a decision in 21 days was made by Mr. Mabon, seconded by Mr McDonough Unanimous 242-0000,Boston Street Lot 10 (Litchfield)(Serwatka) The applicant, Paul Litchfield and Joseph Serwatka of Serwatka Engineering Services were present. Mr. McDonough read the legal notice. Ms McKay stated that the filing was for the construction of a single-family dwelling, driveway, deck, and associated grading and clearing activities in the buffer zone to a BVW The wetland resource area was previously approved under an ORAD issued on 4/11/02 (242-1127) The house location was proposed right at the 50' setback The deck was proposed at the same, with no room for error No setbacks were shown from the wetlands to the deck The driveway was proposed at 33' from the resource area. The erosion controls are proposed at the 25' no-disturb. A note on the plan indicated that a boulder wall was proposed at the 25' no- disturb line However, only a small portion of this wall is depicted on the plan Ms McKay requested that the wall be shown around the site and a detail of wall to be added to the plan Ms McKay recommended that the erosion control extend along the tree line/ limit of work to minimize vegetative disturbance The plans were stamped by a PE, but not signed. Mr Mahon expressed that he wanted everything moved outside to the 25' no-disturb zone, including the boulder wall Mr McDonough requested that the boulder wall be 2 to 3 feet high Ms McKay also requested that a stockpile area be depicted on the plan Mr Lynch indicated that he would require a certified plot plan showing the wetland line, a certified foundation plan, stockpiling area, depiction of the location of the septic system, a standard wall detail, and a wall shown upslope of the 25' NDZ/limit of work Present to vote Scott Masse, John Mabon, Joseph Lynch, and Sean McDonough A motion to continue to the 10/27/04 meeting was made by Mr McDonough, seconded by Mr Mabon Unanimous 242-0000,Boston Street Lot 11 (Litchfield)(Serwatka) The applicant Paul Litchfield and Joseph Serwatka of Serwatka Engineering Services were present Mr McDonough read the legal notice Ms McKay explained that the proposed activities included the construction of a single-family dwelling, driveway, deck, and associated grading and clearing activities in the buffer zone to BVW The wetland resource area was previously approved under an ORAD issued 4/11/02 (242-1127) The house location was proposed right at the 50' setback The deck was proposed at the same There was no room for error to setbacks as proposed The erosion controls were proposed at the 25-foot no-disturb zone A note on the plan indicated that a boulder wall was proposed at the 25 No-Disturb line However, only small portion of this wall was depicted on the plan The wall should be shown at the limit of work and a detail of the wall should be added to plan The plans were stamped by a PE, but not signed The Commission required a certified plot plan showing the wetland line, a certified foundation plan, stockpiling area, depiction of the location of the septic system, a standard wall detail, and a wall shown upslope of the 25' NDZ/limit of work Present to vote Scott Masse, John Mahon, Joseph Lynch and Sean McDonough A motion to continue to the 10/27/04 meeting was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-0000,Boston Street, Lot 12 (Litchfield)(Serwatka) The applicant Paul Litchfield and Joseph Serwatka of Serwatka Engineering Services were present Mr McDonough read the legal notice Ms McKay stated that there was extensive grading proposed on the site The erosion controls were proposed at the limit of work Ms McKay recommended that the erosion control to be extended along the southern property line and to the property line A note on plan indicated that a boulder wall is proposed at the 25-foot No-Disturb line However, only a small portion of the wall was depicted on the plan The wall should be shown around the site and a detail of wall should be added to the plan The plans were stamped by a PE,but not signed The Commission required a certified plot plan showing the wetland line, a certified foundation plan, stockpiling area, depiction of the location of the septic system, a standard wall detail, and a wall shown upslope of the 25' NDZ/limit of work Present to vote* Scott Masse, John Mabon, Joseph Lynch and Sean McDonough A motion to continue to the 10/27/04 meeting was made by Mr Mahon, seconded by Mr McDonough Unanimous 242-0000,Boston Street, Lot 14 (Litchfield)(Serwatka) The applicant Paul Litchfield and Joseph Serwatka of Serwatka Engineering Services were present. Mr McDonough read the legal notice Ms McKay stated that the filing was for the construction of a single-family dwelling, driveway, deck, and associated grading and clearing activities in the buffer zone to a BVW The wetland resource area was previously approved under ORAD issued 4/11/02(242-1127), except the off property wetland flags 34 to 38 The Commission required a certified plot plan showing wetland line, a certified foundation plan, stockpiling area, depiction of the location of the septic system, a standard wall detail, and a wall shown upslope of the 25' NDZ/ Limit of Work Present to vote Scott Masse, John Mabon, Joseph Lynch and Sean McDonough A motion to continue to the 10/27/04 meeting was made by Mr. Mabon, seconded by Mr. McDonough. Unanimous. 242-0000, Boston Street, Lot 15 (Litchfield)(Serwatka) The applicant Paul Litchfield and Joseph Serwatka of Serwatka of Serwatka Engineering Services were present Ms McKay stated that the filing was for the construction of a single-family dwelling, driveway, deck,and associated grading and clearing activities in the buffer zone to a BVW The wetland resource area was previously approved under an ORAD issued 4/11/02 (242-1127) The Commission required a certified plot plan showing the wetland line and certified foundation plan, stockpiling area, depiction of the location of the septic system, a standard wall detail, and a wall shown upslope of the 25' NDZ/ limit of work Present to vote Scott Masse, John Mabon, Joseph Lynch and Sean McDonough A motion to continue to the 10/27/04 meeting was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-0000, 113 Bridges Lane (Kitchen)(New England Engineering) Ben Osgood of New England Engineering was present Ms McKay stated that the filing was for the installation of a septic system and associated grading within the buffer zone to BVW The septic system was proposed at 51' to the closest wetland flag The wetland line was reviewed and approved The erosion controls were proposed in a suitable location The existing shed was within the 25-foot no-disturb and a portion of it was off property No building permit was issued for the shed Ms McKay noted that the shed appeared to have been in place for a while and was not a new violation Present to vote Scott Masse, John Mabon,Joseph Lynch and Sean McDonough A motion to continue to the 10/27/04 meeting was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-0000, 69 Oakes Drive (Carev)(New England Engineering) Ben Osgood of New England Engineering was present Mr McDonough read the legal notice Ms McKay stated that the filing was for the installation of a replacement septic system and associated grading and step wall in the buffer zone to a BVW and a previously approved IVW(DEP File 242-1226) The pump chambers were proposed 50-feet from the BVW, at its closest point, and the septic system was proposed 53-feet from the IVW, at the closest point The erosion controls were proposed in suitable locations The wetland line was reviewed and approved The site is within estimated habitat NHESP comments were received and the project as proposed would not adversely affect actual habitat of state-protected rare wildlife species Ms McKay indicated that the 25-foot NDZ was being maintained as lawn in the location of the BVW No previous filings/records were found in office of the site Also, wood/mulch piles were observed within the 25-foot NDZ (upgradient between flags B3 & B4), and a tree house, supported by concrete post footings was constructed in the wetland and 25' NDZ Mr Osgood stated that the Board of Health required new plans because of the 3 to 1 slope associated with the leaching field Ms McKay recommended the applicant remove the tree house in the 25' NDZ Mr Masse asked Mr. Osgood to speak with the applicant regarding the tree house. Mr Osgood agreed and further stated that he thought the applicant would not have a problem with removing it. Present to vote Scott Masse, Joseph Lynch, John Mabon and Sean McDonough A motion to continue to the 10/27/04 meeting was made by Mr McDonough, seconded by Mr Lynch Unanimous 242-0000, 100 Cricket Lane(Lynch)(Merrimack Engineering) Anthony Donato of Merrimack Engineering and Joseph McKeown of Starboard Design Build were present. Mr McDonough read the legal Notice Ms McKay stated that the applicant filed a NOI to remove an existing elevated deck, in order to replace it with a single car garage with a deck above, the installation of roof drain leach pit with associated grading, driveway extension, and a retaining wall in the buffer zone to a BVW The wetland line was reviewed and Ms McKay recommended one flag change to flag C73. Plans are being revised to reflect the field change Vernal pool buffer zones have also been added to the revised plan The actual limit of vernal pool was not verified in the field for the project, but was depicted on the plans conservatively Ms McKay indicated that Note # 2 on the plan was still incorrect The subdivision lot is 10, and not 7A The site is also located within estimated habitat Ms McKay stated that NHESP has not yet responded with comments Mr Lynch stated that the detail on the plan was not correct Furthermore, the shed, which is currently located off the subject property and on Town owned land, should be relocated The plans should reflect this new location. Present to vote Scott Masse, Joseph Lynch, John Mahon, and Sean McDonough A motion to continue to the 10/27/04 meeting for revised plans and Natural Heritage comments was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-0000,Berry Street(Hingorani)(WPI) The applicant, Peter Hmgoram and the applicant's lawyer, Donald Bornstein were present Mr McDonough read the legal notice Ms McKay stated that the wetland line was re-freshed by Curtis Young of Wetlands Preservation, Inc The delineation was found to be much more conservative than what was originally approved Ms McKay indicated that a site inspection would be set up to review the boundary Coler& Colantomo reviewed the drainage from the previous filing Mr Lynch stated that the previous drainage was reviewed with a limited scope.Now that the new regulations/performance standard are in effect, the drainage should be re-evaluated Mr Bornstein expressed that if a 3`d party engineering review was required, it would be logical if the NACC retained Coler&Colantono again Mr Hingoram stated that he would prefer to hire Coler& Colantomo, Inc to review the drainage Abutter Kevin and John Haggerty were present and had concerns about potential flooding They further expressed that they opposed the project Present to vote Scott Masse, Joseph Lynch, John Mabon, and Sean McDonough A motion to set up escrow in the amount of$ 2,500 was made by Mr Lynch, seconded by Mr McDonough Unanimous A motion to continue to the 10/27/04 meeting was made by Mr McDonough, seconded Mr Lynch Unanimous 242-0000, Willow Street (Chatteriee)(CAO Engineering) The owner of the property, Leonard Annaloro and Carlos Quintal of CAQ Engineering were present Mr McDonough read the legal notice Ms McKay stated that the filing was for the construction of a 7, 200 s f office building with associated grading,parking, utilities and stormwater management systems in the buffer zone to a BVW Approximately 600 s f of BVW will be permanently filled, in order to construct a drainage swale and to gam access to the site Ms McKay stated that the NOI noted a 2 1 mitigation, yet the plan and another note in the NOI only indicate 1130 s f to be replicated (missing 70 s f for 2.1 mitigation). Furthermore, there were no replication plans that accompanied the NOI The wetland boundary on the site was originally approved through a positive DOA on 11/7/96 An OOC was issued on 12/1/99 for selective clearing in the upland areas beyond the 25' NDZ only, there was no be no stripping of soils, removal of stumps and filling of the land A one-year extension was issued and expired on 12/1/03 A subsequent ORAD (242-1235) was issued to confirm the wetland boundaries on 1/29/04 In that file, Julie Parrino, former administrator, noted in a letter dated January 12, 2004 that no activities allowed under the previous OOC had been conducted on the site The 2 97 acres lot owned by Holbrook Realty Trust Ms McKay indicated that the project>1 acre in size, must meet NPDES policy/standards The amount of impervious on the site to be infiltrated in 17,350 s f She also explained that the stormwater management system consists of a wet detention basin with a vegetated bottom to the rear(north) of the site BMP's proposed include the detention basin, drainage swales, and a constructed wetland. The plans do not define these areas in detail Ms McKay request the stormwater structures be clearly marked on the plans The stormwater forms and calculations have been submitted with the application including pre& post runoff rates/analysis The O& M plan was also included with the application Ms McKay questioned the frequency of the cleaning and maintenance of the stormwater structures as proposed She further requested the NACC to set up an escrow account for outside drainage review Upon a detailed review of the plans and the NOI application, Ms McKay said she had many concerns and questions Page 6 of the NOI (D Performance Standards) indicated that the project qualified as a limited project The 25' No-Disturbance and the 50' No-Build setbacks would be met as proposed with the exception of the access drive, culvert crossing, and the location of the dumpster. The dumpster location should be moved to a location outside of the 50' No-Build Zone A note on the plans indicated that the erosion controls would be installed, yet they were not shown on the proposed plans There are no measurements/distances noted from the structures to the resource areas Mr Lynch expressed he wanted the drainage analysis reviewed first before moving forward Mr Mabon stated that the setbacks of the erosion controls, located at the 25' NDZ, show proposed clearing The Commission required detailed areas of were the erosion controls would be located Also discussed, was how many parking spaces were proposed Mr Mabon explained that everything on the plans must comply with the regulated setbacks Present to vote: Scott Masse, Joseph Lynch, John Mabon, and Sean McDonough A motion to continue to the 10/27/04 meeting was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-0000, Saville Street (Ahern)(Request to cont. 10/27/04) No one was present Mr McDonough read the legal notice Ms McKay stated that the plans were being revised because other resource areas were delineated on the site A motion to continue to the 10/27/04 meeting was made by Mr Mabon, seconded by Mr McDonough Unanimous Decisions 242-1233,Lot 6 Ozunauit Road (Breen)(Rock Brook Estates)(Neve-Morin Group) Discussion regarding the location of the SFH and driveway were made Mr McDonough stated that if the garage was moved under the house and not along side of it, the driveway could be shifted away from the BVW and associated Rrverfront Resource Area Ms Merrill raised another building option by shifting the SFH and driveway to the left and the applicant could still meet building/ zoning regulations. Mr McDonough and Mr Lynch were not convinced the proposed plan was the most suitable. Present to vote John Mabon, Scott Masse, Joe Lynch, Sean McDonough Mr. McDonough made a motion to deny the Order of Conditions due to the configuration of the SFH and driveway and its proximity to the BVW and associated Riverfront Resource Area and for the lack of an alternative analysis to this effect Mr Lynch seconded the motion The motion to deny passed with a 2 to 2 vote. 242-1272,Lot 5 Gray Street (Litchfield)(Serwatka) A motion to accept the Order of Conditions as drafted and to set the bond amount at $2,000 was made by Mr. Mabon, seconded by Mr. McDonough. Unanimous. 242-1271,Lot 8 Gray Street(Litchfield)(Serwatka) A motion to accept the Order of Conditions as drafted and to set the bond amount at $ 2,000 was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-1269, 100 Raleigh Tavern Lane, (Arsnow)(New England Engineering) A motion to accept the Order of Conditions as drafted, to set the bond amount at $ 2,000, and a condition to install six (6) wood duck boxes was made by Mr. Mabon, seconded by Mr McDonough Unanimous. 242-1270,69 Milk Street(Tomasz)(New England Engineering) A motion to accept the Order of Conditions as drafted and to set the bond amount at $ 3, 000 was made by Mr Mabon, seconded Mr McDonough Unanimous A motion to adjourn the meeting at 11:00 pm was made by Mr. Mabon, seconded by Mr. McDonough.