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Home My WebLink About1991-06-05 Conservation Commission Minutes r MINUTES OF NACC June 5, 1991 Minutes PRESENT: Paul Tariot Richard Milliard Alison Brewster Carl Schoene Donald Stanley Anne Kasprzyk, Acting Richard Doucette, Adm. Admin. 1. ) MINUTES. The minutes of previous meetings were not read or approved. 2. ) OLD BUSINESS Lot 44 Stagecoach Rd. (#242-544) Modification Joseph DeKartino requested a modification to an OOC for a single family home. The revised plans indicate a driveway that avoids the slope and a 25 ft no-cut zone. The house remains in the same place. Following a motion by Donald Stanley, seconded by Richard Milliard, the Commission voted unanimously to accept the modification depicted on a plan dated 4/30/91. Mr. DeMartino requested a partial release of a $5 , 000 bond, however, the Commission decided to wait until the final grading was completed with $2 , 000/$,3, 000 to be released when the grass is seeded in the fall. Deerfield Lane (#242-348) - Discussion of Flooding Phil Christiansen of Christiansen & Sergi and David Lincoln, abutter were present. Phil Christiansen, Engineer, explained that the culvert invert=90- 09, swale=91. 3, driveway=92 . 3 , top of pipe=94 . Phil says storm in question=100 year frequency; showed 1/10 , topo of area existing before detention basin which the Conservation Commission had required. The area where the detention basin is located doesn't seem to have been very wet before (was cultivated and hayed) . Paul Tariot said that flooding on the Lincoln property appeared to occur due to the 100 year storm. If the problem occurs at other times, Mr. Lincoln will come back before the Commission. Dave Zalaga also added a weir at the outfall of the detention basin within the last two weeks. The Conservation Commission says Mr. Lincoln can clear sand from near Johnson St. F Page 2 Minutes June 5 1991 (Continued) Lot 30 Vest Way (#242-530) Full Compliance Donald Stanley visited the lot in question He says it is seeded tl-e sod has grown in and there is no erosion It is approximately 30 - 35 ' from wetlands no cut = 15-20 ' Old clippings etc are close to wetlands (approximately 15 ' off road (lot 29 28) Carl Schoene and Richard Milliard have also visited the site Following Donald Stanley' s motion to grant full compliance, Alison seconded the motion and the Commissior voted unanimously to grant full compliance 3 ) NEW BUSINESS Andover Riding Academy - Report of a violation Mr Flori representing the Andover Riding Academy submitted an aerial photo from 1964 and other photos which showed grading to within 25' of the pond in question He told the Zommission that he had received the fill (clean) from offs_te and has another 15-20 loads @ 30 yards each plus loam for on top The work done is within 35 ' of the pond He will maintain an existing 35' sand path that is ad]acent to the pond Paul Tariot told Mr Florl he must • file a RCA before doing any more work within the Buffer Zone Mr Florl requested that we not send him any more Certified Mail Anne K requested that he call tomorrow she will take a look and bring RDA forms with her Lot 10 (#Ill) Crossbow Lane (#242-55) - Partial Compliance Anne K visited the site and said it looks OK Patty Brown is the former owner Following a motion by Richard M seconded by Alison B , the Commission voted unanimously to grant a partial compliance Lot 25 Granville Lane (#242-160) - Partial Compliance No action taken George Farr did not appear before the Commission Sharuner's Pond Rd (#242-134) - Compliance A new OOC has been issued for the driveway this will supersede the old OOC Most work will occur outside the buffer zone Following a motion by Alison seconded by Don the Commission voted unanimously to grant Scott Follansbee a full compliance • Page 3 Minutes June 5 1991 (Continued) Lot 16 (#1116) Gr Pond Rd (#242-520) - Compliance Mr Horne sent a representative who informed the Commission that they had temporarily put down rip-rap However, it has since been removed and replaced with sod They also have replanted the cut area Richard Doucette wanted the compliance to say there should be no more cutting or mowing near the Lake, nor should dead trees be cut down Following a motion by Richard M , seconded by Alison the Commissior unanimously voted to grant the Compliance Chestnut Creen (#242-243) - Compliance James Cassidy, Property Manager was present He informed the Commission that the wetland replacement area has been in place for one growing season and distributed a letter from Al Shaboo Engineer, saying work has been done to bring the property into compliance Dr Mallet had done the replicaticn The file has expired, however, a Certification of Compliance can be granted on the old files if everything is OK It was decided that the Commission will conduct a site visit and requested that a Botanist certify that replicaticn is complete with supporting data If it is necessary to do more work the Commission may issue an Enforcement Order to allow such work Lots 1 & 2 Hillside St (#242-249) - Partial Compliance Mike DiBitetto owner was present He has posted a bond which will be transferred when the Lot 1 Certificate of Compliance is issued He also requested an extension on Lot 2 Order or Conditions Anne did a site visit and informed the Commission that the culvert should be cleaned and the grass has not yet become well established Richard Doucette suggested giving the grass another two weeks Lot 1 has a red maple swamp in the rear yard according to Richard Doucette Following a motion by Richard M seconded by Don the Commission unanimously voted an extension on Lot 2 for one year Marbleridae and Gr Pond Rds (#242-526) -Modification Ercole Sideri was present A special permit is before the Planning Board Richard Doucette sent a letter to the Planning Board asking them to move the house which they did (drywell is at corner of the house now) The house has been moved toward the road an extra 30 ' away from wetlands Upon a motion by Don, seconded by Alison, the Commission voted • unanimously to approve the modification Page 4 Minutes June 5 1991 (Continued) Elections Pau_ moved George as chair and Allison as Vice-chair for one year Don seconded Unanimously voted Allison assumed chair 4 ) Public Hearings Lot 23A Forest St (#242- ) Notice - TO BE CONTINUED TO 6 19 Site is rot flagged or staked yet Tentative site visit scheduled for Wednesday, June 12 in the PM Dryad & Belfast St (#242-548) - Notice (Continued) Phil Christiansen Engineer was present Six lots have been proposed an Dryad St Anne K reviewed the wetland boundary with Curt Young and requested the movement of flag B-30- 23 ' and the elimination of B-31 The Conservation Commission will not consider ]ewelweed on the loam as wetland The Conservation Commission has requested 1 Lot lines and all wetland lines on one plan 2 41.5 ' setback - See how far back the applicant can move the road without losing a lot 3 Pecharge Information Upon a motion by Paul Tariot, seconded by Richard M the Commission unanimously voted to continue to June 19 1991 Lot E Berry St (#242-549) - Notice (Continued) Phil Cristiansen was present A new plan was submitted The house. and retaining wall have been moved away from wetlands It is now 10 ' back to edge of wall and 18 ' to the house Carl said that the road crossing is an issue Spring or fall construction is more critical than summer Don questioned building the leach field above ground Phil explained Title V regs to prevent breakouts Bordering vegetated wetland impact is 15 ' wide x 50' = 750 sq ft at second crossing A 15 ' wide bank impact only at first crossing A conservation easement was discussed and agreed to • Page 5 Minutes June 5 1991 (Continued) The Conservation Commission has requested 1 Pestoration Plan 2 Information regarding the temporary road 3 The Construction sequence Carl asked whether we should contact DEP since it has been appealed before Applicant will need Board of Appeals approval for setback Upon a motion by Paul seconded by Richard M the Commission voted unanimously to continue to June 19, 1991 Lot 2 Liberty St (242-545) Notice (Continued) Richardson is the owner/applicant Driveway is in a Buffer Zone Phil Christiansen has submitted a new plan which moves the driveway further from the pond Paul motioned to close and issue an Order of Conditions within 21 days Don seconded the motion and the Commission voted unanimously Anne K asked that the Commission require that refuse be removed from the pond and notification for erosion control approval be required Carl will draft the Order of Conditions Lot 1A (#Z03) Berry St - Determination Single Family house - applicant Mary Donovan Applicant will remove the 90 ' grade so all grading is 50' away from wetland (mot reflected on plan) Foundation drain and well will be left as on plan Carl requested Commission require 1 ) Drilling of a well in such a manner as to maintain a 50 ' no-cut zone 2 ) Erosion Control around well and house drain 3 ) 50 ' nondisturbance zone (delineated by erosion controls) excluding the well and foundation drain Paul moved to issue a negative determination and require the applicant to submit information on well construction Don seconded the motion and the vote was unanimous There is a 10 dai waiting period The Commission wouldn't enforce a stoppage if the work is started The applicant should • call the office however so erosion control can be inspected Page 6 Minutes June 5 1991( Continued) Brooks School - Determination Applicant Frank Marino was not present Mr Chaput was present instead 1 Hockey Rink Addition - Can work within 40' of building - 50 ' setback for all work 2 To make a 10' wide swale 8-9" deep to allow water to drain toward the culvert beneath the road 3 To replace old tile drains near tennis courts Conditions - Erosion control just beyond limit of work Upon a motion by Paul for a negative determination with conditions seconded by Richard M the Commission voted unanimously on the motion Lot 1A, lb, 1C Turnpike St - Determination Scott Gibs - applicant - three single family homes and septic an3 driveways in buffer zone Anne K requested house corners and drive to be staked, topo all over as well as final grades around houses She will check the rest of wetland l nes Conservation Commission will conduct site visit Wed June 12 1991 George Mear of 2147 Turnpike St was present - complained about erosion and water down driveway Plugis is the owner of Lot 3 which has a potential violation of fill on the lot line Richard D inquired as to whether there is anymore exposed soil Mr Mear says it is no longer there Page 7 Minutes June 5 1991 ( Continued ) The Conservation Commission will probably issue a Positive Determination but will continue the hearing to July 10 to determine wetland boundary • Lot 7 (#70) Pine Ridge Ed. - Notice Scott Giles - applicant. Don reviewed - proposed an additional set of haybales at 2321 elevation. Don made a motion to close and issue within 21 days. Paul seconded the motion and the vote of the Commission was unanimous. Notice needs file #. Double row erosion control required. Paul made a 'motion to accept the Order of Conditions as drafted, Richard M. seconded the motion and the vote of the Commission was unanimous. 1780 Osgood St. Paul moved to approve the Order of Conditions as drafted, Don seconded the motion and the Commission voted unanimously to approve the motion. Chestnut Green Site visit is scheduled for Wednesday, June 12, 1991 at 6 PM. The commission requested a Public hearing to extend, modify or revoke the Order of Conditions issued on Willow Tree Mall (#242-277) . On June 19th agenda. The Commission requested that Anne draft a notice to seize the bond for Coventry Lane (#242-324) using the one for Lot 25A Laconia Circle (Equestrian Estates) as an example. Also authorized Anne to issue an Enforcement Order requiring them to appear at the June 19th hearing. Paul moved, Richard M. seconded the motion and the commission voted unanimously. Paul made a motion to adjourn at 11:58PM, Alison seconded the motion and the Commission voted the adjournment unanimously. Approved: do George Re#h, Chairman