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HomeMy WebLinkAbout1991-10-16 Conservation Commission Minutes 0 NACC MINUTES OCTOBER 16 1991 PRESENT George Reich, Chairman Paul Tariot Richard Milliard Robert Mansour Alison Brewster Carl Schoene Anne Kasprzyk Richard Doucette Admin MINUTES P Tariot motioned to accept minutes of October 2 as amended A Brewster seconded Passed unanimously OLD BUSINESS Discussion of Heritage Estates (#242-320) -Denial of a Request for an Extension (Cont ) Continued from October 2 meeting so that Mr Haverty could get input from DEP He spoke with Rachel Freed at the Northeast Regional Office and she indicated to him that DEP would not advise that an Extension should be granted to an expired Order in this case Thus, the Commission's decision does not change and the applicant nust re-file NEW BUSINESS Utano Violation (#242-158) -Discussion David Rand reported violation on Bear Hill Road Mr Utano was unresponsive Erosion has caused sedimentation of pond P Tariot and R Doucette went to Clerk Magistrate in Spring and R Doucette didn't check further into it R Doucette understood D A would take care of _t Mr Rand says complaint must be signed Three years ago Mr Rand submitted photos He also complained to the Planning Board R Doucette to follow up with District Attorney and Clerk Magistrate A locket number is needed R Doucette to report back to Commission at November 6th meeting • October 16, 1991 Page 2 Lot 26 (#30) (242-411) Tanglewood Lane - Certificate of Compliance A Kasprzyk looked at site and saw no problems P Tariot moved to issue a Certificate of Compliance A Brewster seconded Passed unanimously Coventry Estates (#242-324) -Discussion of Punch List Paul McKernan representative from Shawmut Bank for Coventry Estates Silt in wetlands must be removed by hand Drainage system should be cleaned Work should be completed as quickly as possible R Doucette regLested Commission issue an Enforcement Order since Order of Conditions had expired A Kasprzyk suggested an updated Enforcement Order with specific time constraints P Tariot motioned to issue the Order seconded by A Brewster R Doucette to ask Town Coansel who owns bond who can take it and use it R Doucette asked to have this put on November 6th agenda D Stanley askec where silt must be removed possibly at outlets from street drains D Stanley asked how bank will fix it without disturbing property Must be done by hand and responsibility of bank Mazurenko Farm - Hunting Issue Mr Smith addressed Commission regarding hunting at Mazurenko Farm G Reich and P Tariot do not want to re-open issue (they voted differen�ly when originally discussed) This is not a public hearing, it was not advertised Commission had a public meeting in the past (February and March) and voted that hunting not be allowed Lori Crowe NRA instructor certified hunter education instructor Mass Wildlife Fed Board of Directors, etc passed out information Westford and Acton just closed Towns to hunting P Tariot asked if there was an increase in deer collisions she said yes (has occurred in Acton) Could be liability for Town Same with beaver trapping issue Biggest problem is lack of open space Walter Hoyt Regional F&W also spoke R Mansour asked gist of Board of Selectman's meeting The town may not be eligible for state acquisition funds if hunting is banned Not closed to bows, therefore not closed to hunting A Brewster noted that scare tactics shouldn't be used Only talking about one area not banning huntinc in entire Town Mr Smith asked Commission to review handouts carefully C Schoene moved to re-open discussion of hunting only not all rules and regulations, P Tariot seconded Vote went as follows A Brewster G Reich against and C Schoene P Tariot and R Milliard for R Mansour abstained Will thus be pu-:� on November 20 agenda • October 16, 1991 CPage 3 Lot 3 (#240) Marbleridge Road - Notice (Cont ) Mr Cavallaro appeared to respond to Commission's request for drainage calculations and plans He noted that only three people attended site aisit and therefore no vote and was continued to another hearing He says problem occurred when stone wall was opened by his neighbor Homes were built where they shouldn't have which increased flooding Mr Cavallaro never sprayed never used chemicals An engineer would charge $5, 000 for plans, etc that the Commission requested at the last hearing Mr Cavallaro 3ust wants to seed now C Schoene and R Milliard noted that brook is rip-rapped now not a grassy swale Notice of Intent was for both work that occurred which wasn't permitted and for whatever additional work he proposed Mr Cavallaro says he won't do anything else except seed unvegetated area R Mansour noted that Mr Cavallaro must submit Notice of Intent properly for work already done Andover Consultants gave a $5, 000 estimate he should get other estimates C Schoene feels pre and post flood calculations not required Engineer should recommend a solution to ensure that water doesn't flow faster and therefore increase downstream flooding (Salem St culvert stays clear) R Doucette suggests he work with Mr Cavallaro to come up with a . less costly sclution Commission modified data requirement to only calculate output rather than pre and post flood calculations Mr Cavallaro must seed any exposed areas under R Doucette's direction P Tariot motioned to continue to November 6 seconded by C Schoene Passed unanimously Lot 26 (#30) Tanglewood Lane - Determination Bob Smith is attempting to buy this property from Tom King who is the owner P Tariot motioned to issue a Negative Determination with erosion control condition Dewatering pit location and soil stockpile location must also be submitted R Milliard seconded Motion passed unanimously Lot 45 (#356) Raleigh Tavern Lane - Determination Thomas DiStefaro is the owner Proposed work includes porch and addition No heavy equipment will be used Fence will act as a limit of work Fence 10 years old A Kasprzyk agrees not brand new - who knows how old exactly R Mansour says 6-8 years old No haybales required P Tariot motioned to issue a Negative Determination seconded by R Milliard Passed unanimously Lyons Way (#242-557) - Notice C Schoene moved to issue the Order of Conditions as amended R Milliard seconded Unanimous vote • October 16, 19SI Page 4 Lot 6 Pine Ridge Road (#242-558) -Notice R.Mansour motioned to issue the Order of Conditions as amended. P.Tariot seconded. C.Schoene abstained. Motion passed. OTHER BUSINESS R.Doucette stated Tyler Munroe will be directed to do work on his culvert. The commission decided not to require a filing fee under the local bylaw fcr the Elias submission since there is no clear precedent and fee schedule is not clear. R.Doucette to draft fee schedule under wetland bylaw and will be discussed at November 6 hearing. R-Milliard motioned to adjourn at 10: 10 P.M. , R.Mansour seconded. Motion passed unanimously. Approved: 6eorge "ich, Chairman _