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Home My WebLink About1991-06-19 Conservation Commission Minutes MINUTES OF NACC JUNE 19 1991 PRESENT Paul Tariot Richard Milliard George Reich/Chair Anne Kasprzyk Act Adm Alison Brewster/ Richard Doucette,Adm Vice-Chair Bob Mansour-arrived @ 9 05 Carl Schoene MINUTES George Reich motioned to approve the minutes of April 17 and May 15 as amended Carl Schoene seconded, motion carried Paul Tariot mctioned to approve minutes of June 5th as amended Alison seconded motion carried OLD BUSINESS Lot #25 (#242-160) Compliance Granville Lane No Action No Representative Lot 4A (#216) Raleigh Tavern Lane (#242-181) Compliance - No Action No Representative CHESTNUT GREEN - (#242-243) - COMPLIANCE James Cassidy, Mgr submitted letter from Dr Mallet which Conservation Commission requested at last meeting No indicator status and no plots indicating percent cover were included Paul Tariot Replication area outside haybales near rip-rap wall not successful except for loosestrife Inside haybales OK but trees don't look too good - left area looks best Alison Brewster Not planted with wetland grasses as indicated on plan Richard Doucette When did replication occur? Mr Cassidy Replanting last October George Reich doesn't want to issue a Certificate yet Carl Shoene noted that some silt and sediment running into wetlands from parking lot Anne Kasprzyk will draft a letter to Dr Mallet detailing what information the Commission requires and applicant will pick it up on Monday Less than 1 1 replication so Commission wants to ensure that it is all successful Will put on next agenda for 7/10/91 meeting Lot 1 Hillside St ( #242-249) Partial Compliance No Representative No Action 224 FRENCH FARM ROAD - VIOLATION Mr Butterfield property owner Grasso Construction doing work today - all fill off Town land now Needs to be loamed & seeded . no slope greater than 2 1 fix silt fence and maintain it Mr Butterfield wants to put in a pool eventually - whole development off 15 feet PARCEL 20 JOHNSON ST - VIOLATION Mr Avery Said he was just loaming & landscaping All fixed Submitted pictures Silt fence now in place will be maintained as a mowed lawn Can take out erosion control now that its grassed Richard Doucette stated that no filling of wetland occurred just work within the buffer zone COVENTRY ESTATES (#242-324) - ENFORCEMENT ORDER APPLICANT DID TOT APPEAR Alison motioned to ratify the Enforcement Order which was sent for Coventry Estates Paul 2nd Unanimous Commission requested a public hearing for bond seizure at 7/10/91 meeting Send notice certified and registered to applicant Get legal notice from Paul NEW BUSINESS PLUGIS PROPERTY - ENFORCEMENT ORDER Paul motioned to issue an Enforcement Order for Plugis property Alison seconded Unanimous BUTCHER BOY PUMP STATION (#242-473)- MODIFICATION & EXTENSION Sewer line location modification OK Bob Dailey explained project Added all the conditions of previous Order onto plan to comply with Everything Moving sewer line out of Rte 125 Haybales near all catch basins as well as a dewatering basin for sedimentation Paul Tariot motioned to issue extension for 1 year and grant modification as proposed on plan dated 6/3/91 Richard Milliard 2nd passed unanimously LOTS 3 & 4 BRIDLE PATH LANE (#242-76) HOUSE #35 Richard Doucette Letter from engineer says compliance with plan, doesn't say compliance with Order No as built provided Richard Milliard motioned to issue compliance with caveat that the Commission receives an as built and letter from the engineer indicating compliance with Order as well as plan Alison Brewster 2nd, passed unanimously Lot B-2 Dale St (#242-525) Compliance No Representative No Action Lot 6B, 9A Boxford St (#242-537) Partial Compliance, Continued to 7/10/91 so applicant can rectify erosion control problems to bring the project into compliance Commission requested that Anne Kasprzyk send a letter to Paul Marchionda requesting him to be more careful in sending out letters stating compliance with Order of Conditions since this site was obviously not in compliance Lot 5 Sharpners Pond Road ( #242-386) Compliance No Representative No Action taken AMTRAK YOP Commission requested that Anne Kasprzyk call Sanford and set up a train ride similar to prior year to review line on Saturday June 29, 1991 at 10 00 am where line crosses Sutton St at Lawrence Town Line BMP'S NANCY SULLIVAN/EPA Paul Tariot wi-1 review and comment to Nancy LOT 1 DALE ST (#242-543) - SUPERCEDING ORDER Paul Tariot motioned to appeal DEP Superceding Order to an ad]udicatory hearing Alison Brewster 2nd passed unanimously Richard Doucette or Anne Kasprzyk will draft a letter Thursday and will mail by Monday Will call Paul to have him review SHARPNERS POND ROAD - VIOLATION Filling of wetlands to widen road No erosion control or DEP sign (Liberty Hill II) Paul motioned to issue Enforcement Order Richard Milliard 2nd unanimous PUBLIC HEARING LOT 23A FOREST ST - NOTICE Phil Christiansen for applicant filing fee overestimated $137 50 new creck received by Commission Septic system force main across wetland Paul Tariot requested wetland line by driveway Notel that Anne Kasprzyk and the Commission has a problem with wetland line near the garage & house Paul Tricett building the house Was a Certificate of Compliance issued on old filing for Lots 23-27 Forest St> Steve Campbell, 73 Forest St Bridge before across wetlands, why will impact be allowed now'? Paul Tariot required a copy of easement for driveway New wetland line will be submitted Who delineated wetlands> Curt Young put out new line recently-not yet on plan IEP did old one Don Nelson & neighbors How much is the tree removal width of impact> Alison - list of abutters must be submitted Septic system approval application must be submitted Carl asked about landscape wall & grading around house Richard Doucette Grading 10 feet from wetland line - why not slide house back> New wetland line should be put on plan All work should be 25 feet away from wetland Jennifer Nelson 75 Forest St Leaching placement regulation'> Christiansen 10 feet from lot line Town 100 feet from wetland lime (must be out of Buffer Zone) 1500 s f will be cleared for leaching system Carl - construction access = 175 s f of impact at sewer crossing (no details provided) Carl Schoene required that information be provided Paul motioned to continue to next meeting 7/10/91 Richard Milliard 2nd passed unanimously DRYAD & BELFAST STS (#242-548) NOTICE (CON'T) Phil Christiansen representing applicant Lots on plan now, recharge information (none provided but Phil says OK) Pulled r cul-de-sac back 90 feet (sketched in red) Lot 3 unbuildable in that case Sewage pump station required Gravity to the pump station Richard Doucette suggested moving the cul-de-sac only a little and straighten it Anne Kasprzyk fix buffer zone on plan Paul motioned to close & issue within 21 days from receipt of plan Richard Milliard 2nd Bob Mansour abstained Motion passed Paul to draft Order of Conditions LOT E BERRY ST (#242-549) Phil Christiansen, again No replication plan provided Does not want red maples over pipe so just proposing Phalaris 15 foot wide impact at crossing Septic has been approved Anne Kasprzyk brought up paints on plan and replication Richard Doucette suggested 5 foot no cut zone Road at crossing =+/- 2 weeks only replicate with other than Phalaris and monitor with reports Paul moved to close Alison 2nd, Richard Milliard abstained Vote =5/0/1 WILLOW TREE MALL (#242-277) EXTEND MODIFY OR REVOKE Tom Neve representing McLays Drainage system put in at wrong elevation flooding onto McLays Order of Condition has expired Requested that Commission revoke Order of Condition and issue an Enforcement Order Proposal to rectify Mr Kaitz stated this was his fourth time before the Commission The brook used to flow (with greater capacity) onto lots before but has since been filled on both properties Bob Mansour Catch basin on Kaitz Property Order of Condition expired-substantially complete but not correctly Not done according to plan in Order of Condition Backing up through 12" line to 24" line Carl Schoene McLays to 24" connection (was this line 12" part of Willow Tree Subdivision7) 12" replaced drainage ditch Yes Tie in was made Solutions proposed by Steve Stapenski (who was not present) included 1 ) Check Valve - need more than that since water which is supposed to drain off won't be able to go anywhere 2 ) raise McLays 3 ) create percolation system if you can These solutions won't guarantee no flood Groundwater within 6" of surface Tom Neve recognizes that problem will not be eliminated 100.6 but it can be reduced Richard Doucette stated Mr Kaitzs' property and Order of Condition is his responsibility Richard Milliard mentioned McLays could sue directly and leave the Commission out of it - other members stated they must act because of MWPA & By- laws etc Paul motioned to issue Enforcement Order requiring applicant to submit plan to rectify the situation within 45 days,Bob 2nd, Plison abstained Bob offered services as mediator between engineers LOT 19A BEAR HILL ROAD- DETERMINATION No Certificate of Compliance issued yet for Bear Hill Subdivision Person wants to buy it - George Schruender representing applicant If it looks reasonably OK then they'll withdraw without prejudice (no abutter notification) Anne Kasprzyk pointed out wetland line not on plan Grading 70 feet from wetland The applicant should request a partial Certificate of Compliance cn the old Order of Condition Applicant withdrew I request. ANDOVER RIDING ACADEMY - DETERMINATION Mr. Fiore explained work which has taken place. Alison Brewster motioned, Carl Schoene 2nd to issue a negative determination with erosion control conditions. Motion carried, Paul Tariot & Bob Mansour abstained. OSGOOD ST. DPW FACILITIES - DETERMINATION Richard Doucette representing applicant. No notice to abutters by mail, hand delivered. State paying to remove tanks, replacement project. Plan not stamped. Paul Tariot motioned to issue a negative determination with conditions: 1. erosion control 2. stockpile soil at least 100 feet away from wetlands. 3 , new tanks must be 80 feet away at least from wetlands. Carl Schoene seconded, Bob Mansour opposed, motion carried. DECISIONS: LOT 2 LIBERTY ST. (#242-545) Slow-release nitrogen, 251no cut, 501 no build bond = $3, 000. 00 Drive allowed in no build zone. Paul moved to issue order of conditions as drafted. Alison seconded, passed unanimously. OTHER BUSINESS Victor from the Health Department, requested a tree to give to the City of Malden from Maz,urenko Farm. Commission approved as long as no fill or disturbance in wetland. Commission requested Anne Kasprzyk send out a letter to all no show applicants that no Certificate will be issued since no representative appeared. If they want, they must send another letter requesting a certificate. Meeting adjourned at 11:45 P.M. Approved: George Re� h, Chairman 0