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HomeMy WebLinkAbout1994-12-07 Conservation Commission Minutes t NACC MINUTES December 7 1994 Senior Citizens' Center Present George L Reich Deb Feltovic Kevin Foley Joe Lynch Al Manzi Barbara Varoutsos Mike Howard, Natural Resource/Land Use Planner Julie Parrino, Conservation Associate MINUTES Motion by Joe Lynch to accept the minutes of November 2 and 16 1994 as written and amended seconded by Al Manzi Unanimous Old Business Lot 27 Laconia Circle 242-547 242-288 Peter Shaheen present to represent applicant and discuss this lot No formal request for compliance has been recieved for this lot There is an outstanding Order of Conditions on file 242-288 which is the individual Notice of Intent for lot 27 The subdivision file for this lot is 242-547 New owner is unable to refinance the property because of the outstanding Order of Conditions Richard Doucette sent Jim Bourgeois a letter dated March 3 1994 indicating non-compliance with the Order of Conditions The letter noted that the wetland replication area had not been constructed Wetland replication for this lot was under the original subdivision file but not incorporated into the individual lot filing Wetland replication area has not been completed and Peter does not feel his applicant should be responsible for the work There is a $20 000 bond on the original subdivision file Research to be conducted in order to determine the status of the bond There was also a $1 000 bond posted for file 242-288 New Business Lot 1 2 & 3 Scott Circle 242-542 Modification and Certificate of Compliance Scott Giles present to represent applicant When Scott prepared as- built plans for lot 3 he noticed a deck had been constructed in the no-build zone 35 feet from the wetland Scott requesting a waiver for the constructed deck and also a Certificate of Compliance for the lot Mike Howard claimed a portion of silt fence on lot 3 needed to be replaced along the edge of the vernal pool Grass is not stable Compliance will be held until spring when grass is fully grown Silt fence will be re-installed until spring when amphibian crossing into the pool is necessary George motioned to accept minor modification of deck construction for lot 3 seconded by Al Manzi Unanimous Lots 1 and 2 are fully stable and the Commission is currently holding a $7 000 bond for the pro]ect Joe Lynch motioned to reduce the bond from 7, 000 to 3 000 seconded by George Reich 4-0-1 Al Manzi abstained George Reich motioned to deny request for compliance awaiting lot stabilization seconded by Joe Lynch Unanimous Lot 1 Ingalls Scott Giles present to represent applicant Mr Giles submitted new plans showing a 3 ft rock filled trench between property lines in order to address the neighbors water and flooding concerns The proposed trench was the request of the Conservation Commission George motioned to accept minor modification of plans, seconded by Deb Feltovic 4-0-1 Al abstained Motion by George to lift Cease- and-Desist seconded by Al Manzi Vote Unanimous Lot 42 Lancaster 242-652 Scott Giles present to represent applicant A wetland scientist letter and report needs to be submitted for the wetland replication area A site visit by the Administrator and Commission member verified non-compliance with this site Silt was found in the wetland along witr grass clippings Only a few wetland species were observed to have been planted George motioned to deny the request for the Certificate of Compliance on the pro3ect because of the reasons listed seconded by Joe Lynch Unanimous Lot 32 Lancaster 242-668 Scott Giles present to represent applicant All requirements for compliance have been submitted Site is stable and in compliance with plans Al motioned to issue Certificate of Compliance seconded by Deb Feltovic Unanimous Lot 1 Halifax, 2L2-653 Robert Bailey present Plans submitted show that driveway is 1 ft closer to wetland and house is 2 ft closer No wetland resources have been impacted by the change Site is in compliance and vegetation is stable Motion by Joe to issue a Certificate of Compliance, seconded by Al Manzi Unanimous PUBLIC HEARINGS Request for Deterzrination 94 Flagship Drive cont from 11/16 Jim Bourgeois present to represent the applicant from Chem-Lawn Question of ]uriscictional wetland Wet plant community has been established but no hydrologic connection to stream ILSF determination would be dependent on the size criteria of area which has not been submitted 1200 SF of area proposed to be filled for parking lot extension George Reich discussed the containment capabilities of tie new trucks Fresh grass clippings discovered on the fill burm and further dumpings will result in a violation George Reich inclined to issue a positive determination Motion by George to issue a positive determination because no calculations are shown which indicate that the area does qualify for protection under the Wetlands Act and Bylaw, seconded by Joe Lynch 4-0-1 Al Manzi abstained Notices of Intent Lots 1-6 (989 Salem St ) 242-721 No one present Motion by George Reich to continue seconded by Joe Lynch Vote unanimous Lot 1-14 Hidden Pond Rd 242-724 Letter submitted asking for continuance Joe motioned to continue public hearing to December 21, 1994, seconded by Al Manzi Unanimous Lot 3 Candlestick 242-719 (cont from 11/16) Phil Christiansen present representing applicant Many of the wetland flags down and the Administrator could not verify the wetland line Site needs to be reflagged and marked on plans An additional inspection is also needed Al motioned to continue to next meeting seconded by Joe Lynch Unanimous Nadine Lane Subdivision 242-724 Lots 1 2 3 4 5 & 16 Phil Christianson Jim Griffoni and Jim Scott present A Request for Determination and NOI for this property has been filed Kurt Young flagged the area in question and it has been determined to be a resource area Some of the flags have been labeled offsite in order to avoid trespassing New plans were presented showing the wetland flags and the new buffer zone which incorporates a new total of twelve houses that need to be filed Houses within 25 feet of wetland No decks have been planned Looking for a waiver that would allow a 15ft no-disturbance zone from wetland Original file for this property ias not yet recieved a compliance Drainage calcs were submitted and reviewed by Bill Hmurciak Commission not satisfied with nets plans because they do not show topography Also a modification is needed to include the additional lots for the Notice of Intent Recalculation of fees is necessary Applicants want to remove house ASAP because of the vandalism and safety issue George motioned to allow applicant to remove the house and the gargage Vote 3-3 Al Deb and Barbara opposed motion Motion failed George motioned to allow applicant to remove only the house, not the garage seconded by K Foley 5-0-1 Al Manzi abstained Demolition of house will be under supervision of Administrator George motioned to continue this hearing until December 21 seconded by Joe Lynch Unanimous Lot 36/37 Sugarcane Lane Jim Bourgeios present to represent applicant. Construction of SFH in the BZ. Originally the lot was 36 and 37 under the subdivision file and two houses with wetland crossing were proposed. The new lot proposes 1 house that does not alter any wetland resources. A waiver is needed for a foundation drain that is 3 ft into the no- cut zone. Bob Laf lem is an abutter who is concerned with water runoff however the foundation drain is directed towards the wetland, not his property. Representative not sure when the wetland was flagged. Flagging not indicated on the plans, therefore line cannot be verified. K. Foley motioned to continue the public hearing until the next meeting to allow the verification of the wetland by the Administrator and for the applicant to submit new plans showing the wetland flag locations, seconded by Al Manzi. Unanimous. Decisions Lot 31 Campbell George Reich motioned to issue Order of Conditions as written, seconded by Al Manzi. vote unanimous. Lot 1 Johnson George Reich motioned to issue order of Conditions as written, seconded by Al Manzi. Vote unanimous. K. Foley motioned to nominate Joe Lynch as Vice Chair, seconded by Deb Feltovic. Vote unanimous. Motion to adjourn meeting by K. Foley at 10: 15, seconded by Al Manzi . Vote unanimous.