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HomeMy WebLinkAbout1991-02-13 Conservation Commission Minutes Minutes of NACC Meeting Feb 13 1991 • Present Don Stanley Paul Tariot, Chair Carl Schoene Alison Brewster, Vice-Chair George Reich Richard Doucette, Admin MINUTES George Reich motioned to accept the minutes of Jan 9 1991 Don Stanley seconded, motion carried LOT 44 STAGECOACH ROAD DISCUSSION Angus Bruce attended meeting Discussion of driveway and side slopes NACC has concerns regarding grading Tom Neve has not given permission for any of his information to be used that is why Mr Bruce took Mr Neve's name off the plan Decision to be issued at next meeting LOT 3A WILLOW STREET (#242-538) SUPERSEDING ORDER ISSUED Thomas Neve wants the NACC to accept the Superceding order under the Bylaw The superceding Order of Conditions has no bond requirement The Commission will review the two Orders and come to a decision at the next meeting BROOK FARM (#2A2-452) REQUEST FOR EXTENSION Gary Sackrider represented the applicant Margaret Antonelli to request an extension The project cannot be constructed due to the slow progress of Christian Way subdivision which provides access for this project The applicant therefore needs an extension while litigation proceeds with the Christian Way owners George Reich motioned to extend the time for one year March 1 1992 Richard Milliard seconded, motion carried LOT 15 PINE RIDGE ROAD (#242-236) REQUEST FOR PARTIAL COMPLIANCE Nancy Kelleigh represented the owner to request a Compliance George Reich motioned to issue a Partial Compliance on Lot 15 Pine Ridge Road Alison Brewster seconded motion carried LOT 27 COVENTRI LANE (#242-324) REQUEST FOR PARTIAL COMPLIANCE Leanne Cristaldi representing the owner to request a Compliance Don Stanley motioned to grant the Partial Compliance on Lot 27 Coventry Lane George Reich seconded motion carried LOT 21 FOREST 1 #242-289) REQUEST FOR PAPTIAL COMPLIANCE Tom Laudani attended the meeting and requested a Compliance Alison Brewster motioned to grant the Partial Compliance on Lot • 21 Forest Street Don Stanley seconded motion carried LOT 20 CASTLEMERE (#242-255) • REQUEST FOR PARTIAL COMPLIANCE Tom Laudani attended the meeting No bond in place for the Subdivision George Reich motioned to grant a compliance upon receipt of proof that a bond is in place, Don Stanley seconded motion carried LOTS 10B 11A & 12A LACONIA CIRCLE (#242-357) REQUEST FOR COMPLIANCE Thomas Neve representing the owner attended the meeting Common drive to three (3) lots George Reich motioned to grant a Certificate of Compliance on the above lots Alison Brewster seconded, motion carried LOT 8 MILL ROAD (#242-368) REQUEST FOR COMPLIANCE Walter Johnson attended the meeting and requested the compliance All the work is done except for a small portion of unstabilized slope for the driveway Alison Brewster motioned to grant a Compliance upon Condition of additional stabilization of a portion of the slope of the driveway George Reich seconded motion carried LOT 2 JOHNNYCAPE STREET (#242-465) CONTINUED PUBLIC HEARING - NOTICE OF INTENT Ben Osgood Jr representing the owner attended Wetland �J replacement has not been flagged as requested on Jan 23rd There has been wetland filling as a result of the roadway There is no rocm for wetland replication on this lot Proposes corduroy bridge to access wetland replication area Two letters from Perry's were submitted to the Commission regarding endangered species There was some discussion of spotted turtles found in this area Carl Schoene The road shoulder wetland filling on this lot could indicate other filling of wetlands for the road shoulder The NACC has never seen the as-built that could provide valuable information as required by the subdivision order How can we permit another wetlands filling pro]ect when the applicant hasn't provided the necessary document for the subdivision> Ben Osgood Yes, there may have been some overfilling in wetlands on Lot 52 near the proposed replacement area George Reich Water levels have changed and killed trees throughout the subdivision The culverts may not be working Ben The design inverts probably were not done as well as they could have been Alison Brewster You should investigate other avenues such as Board of Health variance that would permit wetland replacement on the lot • Richard Doucette 10 55 (B) (2) requires that wetland replacement area must have similar elevation and water table • Ben Osgood Filled wetland found at 160'-158 '-160' and replacement wetland is at 158 ' Groundwater elevation not known here but they could get it from SSDS for Lot 52 Here the test pits were 150 ' uphill from the wetland replacement area Bob Donaldson A lot of water goes from his lot to lot 2 Kathryn Jennings Brought a subdivision plan The lot is too wet and too small to build on Concerns about lost wildlife habitat Ben Osgood There is a half acre of upland to build on Mr Legner (adnacent to Lot 53) One tree has died due increased water levels Much water flows past his house Ms Brown Stream between lots 3 & 2 flows into this wetland Every one she }nows of in the subdivision had to replicate on their lot Why should Mr Osgood be allowed to replicate on a different lot Much land was filled in for the swale Hawk Bob Johnsen His driveway could not be relocated due to proximity to wetlands Many trees are dying due to development Why kill more? Carl Will future lot development require additional filling> Ben Osgood Yes approximately 1900 sq feet for one more lot Mrs Gibson Concerns of increased wetness/wetlands on her lot Mr Krueger No As-Built yetl> The Commission held up his compliance years ago for the same reason Ms Hitchborn All the trees to be removed in the repl area? R Doucette He hasn't shown us the repl area in the field Mr Brown Has replication been allowed on other lots other than the same lot'7 Ben Osgood Lot 36 replication area is 800' away but on same lot Replication has not previously been allowed on a separate lot Mr Brown The Osgoods drew the plan They blocked off their own access' Why allow them to cross wetlands now? R Doucette Plans drawn on 77 and then revised in 81/82 At that time the wetlands regulations did not restrict his access Mr Osgood then built the roadways and sold off the lots Now he wishes to builc the last remaining lots and the current regulations are more restrictive Carl Schoene motioned to close the public hearing and issue an Order of Conditions 21 days after the replication area is flagged Richard Milliard seconded, motion carried • LOT 7A BONNY LANE REQUEST FOR DE^ERMINATION - PUBLIC HEARING Carl Tudisco represented the owner An addition of a porch and deck set on 7 tubes Holes to be dug with an auger Don Stanley motioned to issue a Negative Determination with erosion controls (Locations to be determined in field) George Reich seconded motion carried MAZURENKO FARM - RULES & REGULATIONS PUBLIC HEARING Paul Tariot No camping Alison Brewster What about no hunting 10 A M Carl Schoene Questions about hunting seasons Art Middleton Hunter Safety Zones can be established to protect the abutting homeowners Rifles can be used for certain mammals Ray Pike Migratory waterfowl are hunted on property Discussed steel shot Law Opposed to Saturday restriction Ada Rocchi Open/closed hours There should be a way to involve the public on the ongoing rules and regulations of Mazurenko property Who enforces the rules now? There is hunting now even though there is a ban now Why don't the Selectmen communicate with the other boards? Ray Pike 1-800 # for Law Enforcement will be made available to the abutters Police shoot on Barker Farm perhaps this was what the abutters thought was hunting Don Stanley Can you hunt elsewhere? Reply Out-of-state licenses are expensive $65-$80 Bill Dolan Hunters helped pay for the land and should be allowed to use it Don Doesn't think that hunting and residences can coexist Mr Middleton Lead shot does not pollute water it is inert but it can poison waterfowl Joe Averka We should look at hunting on a site by site basis Mr Toye Don t forget Rea's pond and its abuttors Albert Manzi Could allow shotguns only and put up safety zones signs This should make abutters more comfortable There is a 500' buffer zone - shotgun travels 100 yards therefore there is a 200 ' buffer zone built in Bob Sedgewick Mentioned Tribune article today and the • potential conflict between hikers and hunters Presently ther is a lack of enforcement of Fish & Game regulations, particularly fishing which should be easy to enforce Mr Middleton Could restrict shot size therefore, safer and essentially bars deer hunting Carl Schoene Coexistence of hikers and hunters is a concern B Dolan Could restrict hunting to certain seasons Tom King Comments on police firing LOT 1 DALE STREET NOTICE OF INTENT - PUBLIC HEARING Bill McLeod of Andover Consultants attended the meeting House and driveway in the buffer zone to wetlands in the watershed Letter of Feb 11 1991 from Dr Mallett submitted Don Stanley wished to make all parties aware that his father- in-law owns Lot 2 Adjacent lots have greater setback from wetlands than that shown on the plans Why not move the house away'? Bill McLeod Dcesn't want to move the house It's only a buffer zone project and it really doesn't matter where the house is The architecture of the house does not facilitate it being turned to move it further from the wetlands Don This is in the watershed to our drinking water therefore distance is important Carl Schoene Expressed concerns over distances and setbacks Don Isn't there a covenant requiring 2800 square feet/house minimum'? B McLeod The lot is too small Richard Milliard Hammerhead is very close to wetlands Richard Doucette Delineation is still in question Administrator will meet with Dr Mallett Original Order of Conditions (expired) required much greater setbacks than those shown on the plan These setbacks were read from the original OOC Also subdivision approval stated that lots 1-5 maybe unbuildable as configured Setback can be greater by turning house but the applicant has been unwilling to turn the house Paul Tariot Expressed concerns re water quality Stake corners of house George Reich motioned to continue public hearing until February 27th Richard Milliard seconded, motion carried George Reich motioned to adjourn the meeting at 11 45 pm Richard Milliard seconded, motion carried • Paul L Tariot, Chairman