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Home My WebLink About1991-09-04 Conservation Commission Minutes MINUTES OF NACC MEETING SEPTEMBER 4, 1991 Present George Reich, Chairman Alison Brewster V-Chair Paul Tariot Richard Milliard Carl Schoene Robert Mansour Anne Kasprzyk Act Admin MINUTES P Tariot motioned to adopt the August 21 1991 minutes with the following amendments the addition of Lot B, Great Pond Road as being continued at the request of the applicant and the ad3ournment motion and time A Brewster seconded passed unanimously OLD BUSINESS AT&T Merrimack Valley Works (#242-417) -Compliance (Cont ) A Kasprzyk indicated that she finished the site inspection and corrections had been made P Tariot motioned to issue a Certificate of Compliance, R Milliard seconded, passed unanimously Lot B Great Pond Road (#242-260) -Expired Order No representative no action However, consensus of Commission is to require the applicant to refile An extension of the expired Order of Conditions will not be granted NEW BUSINESS Lot #9 (#251) Dale Street (#242-462) -Part Compliance No representative no action Lots #53 & #59 Blue Ridge Road (#242-385) -Part Compliance Paul St Hilaire and Alvin Maillet as applicants P Tariot asked if further filings were required in the original Order of Conditions Yes, they were A Negative Determination was issued on Lot #53 and an Amendment to the Order (#242-385) stated that an additional filing for Lot #59 was not required The Commission voted that file did not contain the plans referred to in the original Order P Tariot motioned to issue the Certificates of • Compliance upon the Commission's relocation of the plans or their resubmission A Brewster seconded, passed unanimously NACC-September 4 1991 Page 2 Lot 460A Havmeadow Road (#242-413) -Partial Compliance Atty Tony Menard represented applicant, as well as Mr Curran Brief discusson of site A Kasprzyk had inspected noted all areas stabilized P Tariot motioned to issue a Partial Certificate of Compliance and not release the bond, since a bond release was not requested and since a partial is being issued A Brewster seconded, unanimous Heritacfe Estates 242-320 -Ex fired Order Extension A Kasprzyk explained that pro3ect was in litigation currently within the appeal period Noted that the Town is also part of litigation A Kasprzyk indicated that Karen Nelson Director of Planning & Community Development suggested the Commission grant the extension Jim Sprague of DEP, Northeast Regional Office had recommended against it, however, since no construction has started and nothing prevented the applicant from requesting the extension 30 dals prior to the expiration date as required A Kasprzyk recommended against the extension due to DEP's input the fact that the order had expired once before and it is a relatively old file R Mansour motioned to DENY the extension A Brewster seconded unanimous . Lot #3 Marblericge Road Determination G Reich, R Milliard and A Kasprzyk conducted site visit on August 28 reviewed proceedings R Milliard noted that Mr Cavallaro wanted to conduct further excavations and R Milliard felt that other options such as clearing culvert with a fire hose had not been fully examined P Tariot motioned to issue a positive determination requiring a Notice of Intent to include work which has occurred and any proposed work, seconded by R Milliard G Reich abstained as an abutter Motion passed Willow Tree Mall (#242-277) -Legal Action Commission reviewed Mr Kaitz 's letter of August 22 1991 and pictures of flcoding on McLay's property, as well as Kaitz 's detention basins after the hurricane Commission requested that A Kasprzyk review file with Town Manager and perhaps Town Counsel before the next scheduled meeting PUBLIC HEARINGS 267 Chickerin Road 99 Restaurant) -Determination. Cont Kurt Young of Wetlands Preservation Inc represented applicant A mixture of wetland and upland vegetation is located on site, no well-defined channels not regulatable under the State regulations Not an important wetland area regarding functions due to lack of hydrology and hydric soils Mr Archidiacono of • 1223 Chickering Rd noted that only area recently cut is near the 99 Julia Warshal another abutter noted the entire area was a field before 1945-1950 Flooding on ad)acent properties is the w NACC-September 4, 1991 Page 3 main issue, but that can be addressed through Planning review Atty Peter Caruso with Mr Archidiacono requested that the Commission make a recommendation to the Planning Board that the flooding issue be addressed per abutters concerns Carmen DiAdamo attorrey for the 99 noted that flooding issues will be addressed under site plan review R Mansour motioned to issue a Negative Determination with haybales along the rear property line and the Administrator to send a memo to Planning R Milliard seconded, unanimous Lyons Way (#242- ) -Notice (Cont ) File #90-522 - applicant will contact DEP to see if correct David Jordan of Andover Consultants represented applicant (TDJ Development) Seven single-family home subdivision on a cul-de- sac This filing is for road and associated work only - not house construction They have received a waiver of some Planning Board regulations i e slopes at road entrance Lots 1 2,4 5 and 6 would most likely require additional filings R Mansour has a problem with no filtering of drainage at intersection of Lyons and Campbell Rds dumping directly into wetland Can road be narrowed further? G Reich asked how much impact would be reduced if five feet for potential sidewalk was eliminated Also concern regarding direct drainage into wetlands A Kasprzyk requested proof of abutter notification (received it) , replication plan P Tariot motioned to continue public hearing to September 18 to allow submission of replication plans and to fix drainage at intersection A Brewster seconded, unanimous R Mansour noted that Order of Conditions if and when granted should state which lots require future filings Site visit scheduled for Wednesday September 11 1991 at 6 00 P M Lot E Berry Street (#242-566) -Notice (Cont ) Phil Christiansen represented applicant Reviewed plans of house in front at rear and at rear with alternative driveway location Much discussion of buffer zone impacts, policy regarding setbacks and wetland impacts P Tariot motioned to close the public hearing and issue a decision within 21 days A Brewster seconded, unanimous #145 Bradford Street- Determination Scott Giles represented applicant Stated that filing "after-the- fact" at A Kasprzyk's request due to grading within the buffer zone Patrick Seekamp of Wetlands Preservation, Inc noted approximate wetland line with Scott Giles in field but did not put out flags Applicant has placed haybales at base of slope P Tariot motioned to close the public hearing and empower the ® site visit team to issue a decision on Wednesday, September 11 1991 after 6 00 P M A Brewster seconded, unanimous f NACC-September 4, 1991 # Page 4 Lot 5A Bonny Lane-Determination P Tariot requested that a better location description be included for future legal notices rather than 3ust the lot number f John Sullivan an abutter noted that water is trapped on site now due to grading and downed trees He has never had a flooding problem himself A Kasprzyk noted that Mike Rasoti of the Health i Dept was concerned regarding standing water and the septic system, he had seen water flowing on the property A Kasprzyk noted that there is quite a bit of wetland vegetation on site including cattails, sedges, rushes, phragmites, loosetrife red maple ]oe-pye-weed etc and that the area may be regulatable under the bylaw i Potential buyer, Mr Agreego requested the Commission expedite its review P Tariot motioned to close the public hearing and empower the site visit team to issue a decision A Brewster seconded unanimous Site visit scheduled for Wednesday September 111 1991 after 6 30 P M OTHER BUSINESS A Kasprzyk to discuss Winter Street Liberty Hills McLay' s and sk Plugis property with Town Manager regarding legal action Motion to adjourn by R Milliard at 10 08 P M , seconded by P Tariot, passad unanimously George R6Ach, Chairman Approved September 18 1991