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Home My WebLink About1991-11-06 Conservation Commission Minutes NACC MEETING • NOVEMBER 6, 1991 PRESENT George Reich Chairman Carl Schoene Alison Brewster V-Chairman Paul Tariot Richard Milliard Karen Nelson Richard Doucette MINUTES C Schoene motioned to approve the 10/16/91 minutes as amended P Tariot seconded Motion passed OLD BUSINESS Wetland Filing Fees - Proposed use for Intern R Doucette proposed to use a portion of the filing fees account to fund a Conservation Intern The NACC was concerned about * using said funds now when more budget cuts could be experienced in the future * how the Town Manager and Selectmen would perceive such an action that the Town Manager has not approved * the negative public perception that might result from filling such a position It was decided that the filing fees need to be saved in case of • further cuts Coventry Estates - Discussion Paul McKernan and Amy Walsh represented Shawmut Bank R Doucette gave an overview of the Coventry Bond issue Coventry Development Corp is no longer involved but the NACC holds their bond This bond does not insure work by the current contractor (Shawmut) Also the Coventry passbook bonds have no withdrawal slips K Nelson and R Doucette suggested taking the bond and applying it to the work now underway It was decided to put Coventry/Newcastle bond seizure on November 20 agenda Lot 26 Tanglewood Lane (242-265) - Partial Compliance P Tariot motioned to issue Partial Certificate of Compliance, seconded by R Milliard Motion passed unanimously Butcher Boy Mall (242-504) - Modification Frank Richardson presented revised plans for wetland replication area as required by the Commission's decision P Tariot motioned to issue Modification to the Order of Conditions Seconded by R Milliard Passed unanimously • NACC 11/6/91 Page 2 PUBLIC HEARINGS Lot 3 Marbleridge Road - Notice (Cont To be continued to November 20 1991 #1160 Salem Street - Determination Dick Barnett and the Voris' appeared before the Commission R Doucette gave an overview of the project an addition to an existing home Commission expressed great concern over the close proximity to the wetlands (7 '-81 ) A Brewster motioned to continue to November 20 meeting P Tariot seconded Motion passed unanimously The applicant was directed to consider other configurations of the addition #971 Salem Street - Determination Jerry St Cyr proposes to finish a drainage swale along Salem Street Abutter, Jay Willis expressed concerns about this project increasing the flow into a wetland on his property Although the NACC understands Mr Willis' concerns, there is no way for the NACC to provide any assurances to him after the expiration of his Order of Cond_tions P Tariot motioned to issue a Negative Determination kith the condition that haybales be used Second by • A Brewster Uranimous Lot IIA ( 100) Castlemere Place - Determination John Sammataro, Steven Sammataro, John Grasso presented plans for the landscaping of a back yard R Doucette discussed the presence of an area of ponded water and wetland vegetation off the right rear corner of the property This may or may not be a wetland resource area An abutter expressed concerns regarding flooding Paul motioned to empower the Site Visit team to make a determination 3m the field on November 16 R Milliard seconded Motion passed ' Great Pond Estates (NACC #3) - Notice Sandy Matthias represented applicant and gave an overview This is a filing under the N A Wetlands Protection Bylaw only The filing under the Act is now in the Ad3udicatory Appeal process Bruce Waite, engineer also spoke and described the proposed subdivision R Milliard asked about a construction sequence for the wetland crossing None has been submitted The plans for the crossing are unclear There appear to be work in the wetlands The plan needs to be revised A Brewster asked for description of the drainage system outlets A grassy swale might be better than proposed system Mr Waite agreed that they could shorten the outlets G Reich - "No disturbance of outlet at road" Applicant "No" NACC 11/6/91 • Page 3 P Tariot - Is there a floodplain shown on plan? None found in association with BVW - only lake He also asked how long did the wetland biologist spend reviewing the low lying areal Answer the better part of a day Would the applicant be willing to restrict use of the low lying area Answer Depends on the restriction The 14000 sq ft of wetland vegetation has wetland vegetation Why isn't it a wetland under the bylaw? The Bylaw isn't clear on whether such an area is a wetland since the bylaws is not specific on the criteria C Schoene - Is there any alteration of wetland at crossing? No only the use and upgrade of the existing crossing R Doucette discussed the drainage system, the pipes are sized for a 10 yr storm whale the basin is sized for a 100 yr storm Once again, tie question whether there was any work in the wetland as pant of the culvert crossing The drainage outlets should ideally be a minimum of 25-50 ' from wetlands The applicant stated that all of the wetland lane was agreed upon by A Kasprzyk This is not accurate There may stall be some disagreement A detailed discussion of the Retention/detention basin followed Such a basin must be wet enough to allow for cattails as prcposed by the applicant • Abutter - Robert Salava concerned with potential flooding Audience Input - Willie Vicens stated new plan is much better than previous filing R Milliard motioned to continue to November 20 meeting seconded by P Tariot Passed unanimously Lots 6,8 & 10 Hidden Court - Notice Vince Turano .and Paul St Hillaire Mr Turano provided an overview of these three houses proposed in the buffer zone C Schoene-Much falling/grading prior to the filing This is somewhat after-the-fact Applicant stated this was previously permitted under the Newcastle File (242- 385) Not this exact work but house lots were approved P Tariot- Is the wetland line good R Doucette answered its okay P Tariot motioned to close second by A Brewster P Tariot motioned to issue an Enforcement Order to allow for the removal of the fall placed in the no-cut zone, second by A Brewster Motion passed 3-2 R Milliard and C Schoene opposed Lot 1 Village Way - Notice Pat Seekamp represented the applicant There is no record of the • mailings althoLgh they may have been sent The applicant will locate them Project is a buffer zone house 25/50 buffer zones NACC 11/6/91 Page 4 are shown on the plan Discussion of previous subdivision Audience Input Willie Vicens gave an overview of the past wetland filing and the NACC's actions P Tariot motioned to close and issue decision with in 21 days of receipt of mail certification R Milliard seconded, unanimous Wetland Bylaw Filing Fee Schedule Discussion of proposed fees Continued to December 4 meeting Linda should call other towns and see what fee schedules they have NEW BUSINESS Lot 1 Essex Street (242-259)- Modification Bill Pare represented applicant R Doucette gave an overview Mr Pare must build a wall in the buffer zone as ordered by the Board of Health Mr Pare has not replanted the no-cut zone which was stripped by his builder Discussion of cost of replanting and the use of the bond for this purpose The NACC is not in favor of using the bond for this purpose The applicant will replant Vie no-cut zone at his own expense or legal action will be initiated against him at a future date P Tariot motioned to approve Modification second by A Brewster Village Woods - Certificate of Compliance Pat Seekamp requested a Compliance and provided an overview of the existing subdivision This subdivision required wetland replication wh-ch has succeeded P Tariot motioned to issue a Compliance upon receipt of a P E 's letter and as-built plans Second by G Reich Motion passed Lot 3 Hawkins Lane (242-388)- Partial Compliance William Palladino requested a Compliance OOC requires a P E 's letter Mr Palladino does not wish to submit one since there are no wetlands on his lot The OOC is for the subdivision P Tariot motioned to issue a Compliance, R Milliard seconded Passed unanimously Violations Update Utano - Bear Hill Lot 13 Castlemere Lot 1 Carriage Chase Water Treatment Plant P Tariot discussed previous NACC requirement for soil borings P Tariot motion to eliminate requirement for borings and seek alternate methods G Reich seconded Motion passed NACC 11/6/91 Page 5 Lots 4,5,7 Salem St. - Discussion Bond has disappeared. Mr. Farr may have withdrawn it. P.Tariot motioned to issue Enforcement Order to order Mr. Farr to show up on 111/20 and post bond. Alison seconded. Motion carried. English Circle (242-497) - ComiDliance No representation, no action. Prggosed Bylaw Rewa,lation Draft of proposed regulation passed out. Public hearing will be scheduled for December or January. Associate members - Wagner & Foley The NACC voted to appoint Mr. Wagner and Mr. Foley as Associate Members to the NACC. R.Milliard motioned to adjourn at 1: 00 a.m. , second by P.Tariot. Motion passed. Commission to conduct a site visit at Great Pond Estates and lot 11A Castlemere on November 16, 1991. George ich, Chairman ,*ACC Approved:-,,