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.