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HomeMy WebLinkAbout2006-06-14 Conservation Commission Minutes Conservation Commission Meeting Minutes June 14,2006 Members Present: Scott L Masse, Chairman, and Albert P Manzi,Jr , Nice Chairman, Deborah Feltovic, Sean F McDonough, and Louis A Napoli Members Absent: Joseph W Lynch, Jr , John J Mabon Staff Members Present: Alison E McKay, Conservation Administrator, Donna M Wedge, Conservation Secretary Staff Member Absent: Pamela A Merrill, Conservation Associate Meeting came to Order at: 7:15 P. M. Quorum Present. Pledge of Allegiance Executive Session: 7:15 P. M. Public Hearings: 8:05 P. M. Request for Determination of Applicability 102 Penni Lane, (French)(New England Engineering Services, Inc.) Thomas Hector of New England Engineering Services, Inc was present Mr McDonough read the Legal Notice Ms McKay stated the applicant filed RDA for grading associated with the installation of septic system The majority of the system is being placed outside of the Buffer Zone The erosion control is proposed 93' from the wetland at the closest point The wetland boundary has been reviewed and approved A stone foot path between Flag A5 and A7, which leads to an obvious area of a large leaf pile within wetland resource area The pile is so large that it appears that dumping has occurred in this location for sometime However, I would recommend a condition to cease and desist from dumping in this area(non enforceable under RDA, does the Commission feel that a separate violation/Enforcement Order should be issued for more adequate enforcement) Nothing on file-the lot appears to pre-date the regulations Special conditions Pre-construction/post construction meeting and installation of wetland marker along the edge of disturbance The Conservation Commission had discussion about the leaf pile has to be done thru Enforcement Order put time frame to have the cleanup done if not done by date on the Enforcement Order$ 100 per day fine and require a planting plan Scott Masse, Albert Manzi, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to issue a negative determination with conditions was made by Mr Manzi, seconded by Ms Feltovic Unanimous A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr McDonough Unanimous 1 242-1349, 245 Bridle Path (Grasso)(New England Engineering Services, Ine.)(cont. from 5/24/06)(Repuest to coot. to 6/28/06) Thomas Hector of New England Engineering Services, Inc was present Scott Masse, Albert Manzi, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to June 28, 2006 meeting was made by Mr McDonough, seconded by Ms Feltovic Unanimous 242-1354, 10 Inglewood Street(Xenakis)(Seekamp Environmental Consulting,Ine.)(cont from 5/24/06) Patrick Seekamp of Seekamp Environmental Consulting, Inc , John Xenakis Brother of the applicant, John McQuilkm, of JM Associates Inc , was present Ms McKay stated the applicant has not yet to file with Zoning Board of Appeals and the zoning department has not hear from the applicant on this project more than a month The revised plans have been submitted showing porous pavement for the driveway, a stone apron just beyond the pavement upgradient of the proposed infiltrator, which is proposed to the front of the lot instead of to the rear The soil testing was also conducted as requested This data submitted under separate cover Staff also requested that the engineer revisit the garage location as requested by the Commission As a result of this discussion with the engineer, Seekamp Environmental submitted a Supplemental Alternative Analysis This alternative analysis considers two alternatives moving the garage to the front of the proposed home or a no garage alternative Alternative 1 Relocating the garage to the front of the house Relocating the garage to the front of this would require an at grade garage and would be problematic for three reasons 1 It would reduce the length of the driveway to approximately 10' (which is less than the length of many cars), 2 It would most likely require a taller structure, as a garage would represent a significant portion of the first floor This may exceed maximum height requirement per zoning regulations and would require be out of character from the other residences in the neighborhood, and 3 It would require addition of significant amount of fill, as well as a retaining wall along the rear and side of the house, in order to provide the required insulation for the foundation walls Given these design restraints, Seekamp is of that this alternative is not feasible Alternative 11 No garage See page 3 of report in summary-a new home without a garage is a competitive disadvantage for a homebuyer, homes in New England should have garages, and the applicant wishes to build a home in which he will retire and feels that a garage is an important component in this regard Mr Masse stated two Commission Members are not here tonight so they cannot vote at the next meeting Scott Masse, Albert Manzi, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to July 12, 2006 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1356, 123 Marian Drive (Cavanaugh)(Merrimack Engineering Services, Inc.)(cont. 5/24/06) The applicant Mr & Mrs Cavanaugh and Maureen Hanley of Norse Environmental Services, Inc was present Ms McKay stated Francis Collopy, P E / Structural Engineer and plans were revised based on these comments Structural recommendations are discussed on page 3 of the report It appears that very minimal changes were needed to the grading on the plans to accommodate the Engineers recommendations Mr Manzi stated the report does not say this would fix the problem for a period of time I do not think this is not what we requested this is only a temporary fix not long term Scott Masse, Albert Manzi, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Manzi Unanimous 2 242-1355, 1503 Osgood Street(1503 Osgood Street,LLC)(Wetland Preservation, Inc.)(cont. from 5/10/06)(Reguest to cunt. 6/28/06) No one was present Ms McKay stated the revised plans were just received based on planning board recommendations, as a result, the plans were just sent out to Lisa Eggleston for review Comments from DEP " Drainage calculations show an increase in runoff for the 1, 2, and 10 year storms Provide TSS calculation worksheet Provide detail of emergency access for stormwater underground systems" The applicant is requesting a continuance to the meeting of June 28, 2006 Scott Masse, Albert Manzi, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to June 28, 2006 was made Ms Feltovic, seconded by Mr Manzi Unanimous 242-1360, 1101 Turnpike Street(National Grid USA)(New England Engineering Services, Inc.)(cont. from 5/24/06) Thomas Hector of New England Engineering Services, Inc was present Ms McKay fees have been paid No further comments Scott Masse, Albert Manzi, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Mr Napoli Unanimous 242-1357,,0 North Main Street (Downer Brothers Landscaping)(New England Engineering Services, Inc.)(cont from 5/24/06)(Repuest to cont. 6/28/06) Mr Manzi and Mr Masse recused from voting No Quorum to vote Continued to June 28, 2006 meeting 242-1358, 514 Winter Street(Guerrera)(Merrimack Engineering Services,Inc.) The applicant Mr Robert Guerrera was present Mr McDonough read the legal notice Ms McKay stated the filing is for construction of a replacement subsurface sewage disposal system and associated grading activities within the Buffer Zone to a Bordering Vegetated Wetland A waiver is being requested to allow the system and associated work within the 50-foot No-Build zone and the 25-foot No-Disturbance zone Placing the system outside the Buffer Zone is not feasible on the lot since little to no area exists on site outside the 50-foot No-Build zone The applicant states that the dwelling is 30 years old An old plan on file with the Health Dept was found dated 1975/1977, which would confirm this deduction No tree line is shown on the plan, however the tree line is the edge of the resource area around the entire property As such 25-foot no-disturbance zone is being maintained on any portion of the lot A shed is located to the rear of the lot directly adjacent to the wetlands No building permit was found for the shed The shed does not appear to be that old Erosion controls are proposed around the work area A soil stockpiling area is proposed and shown on the plan to the front of the lot The wetland line reviewed and approved The site is not located within estimated habitat for rare wildlife Mr Manzi questioned what is the shed standing on Mr Guerrera stated the shed standing on cinder blocks Mr Manzi stated I am fine with that information Scott Masse, Albert Manzi, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Manzi Unanimous 3 Albert Manzi,Jr. left the meeting at 9:15 P. M. during hearing filing on Winter Street (DPW Project) 242-1362, Mosquito Brook Drainage Improvements-Winter Street,Foster Street, Lost Pond Lane,Private Lane)(DPW)(VHB) The applicant Eugene Willis the Town Engineer and Paul Carter of VHB was present Ms Feltovic read the legal notice Ms McKay stated the filing is for the replacement and construction of new culverts under Foster Street(Culvert E), Winter Street(Culvert H), Lost Pond Lane (Culvert D), and a Private Lane off of Winter Street(Culvert Z) and construction of an earthen berm off Foster Street within Riverfront of Mosquito Brook and its associated Bordering Vegetated Wetland, Bank, Land under Water, and Bordering Land subject to Flooding The work will impact the local 25-foot No-Disturbance zone, respectively With the exception of the private drive all roads are public town owned roads The Bordering Vegetated Wetland within the project area and bank resource areas were delineated by VHB in April of 2005 and has not yet been reviewed The applicant filed the project as exempt from fees Although the fees are exempt under the Wetland Protection Act, since is a municipal project, the project would not be exempt from the local fees under the Bylaw This has been discussed with the applicant has agreed to pay the local fees The fee amount was just recently calculated by staff(the consulting second opinion was on vacation last week) In sum, 4 new culverts will be constructed with associated new concrete headwalls where Mosquito Brook crosses to help alleviate flooding at roadway crossings and adjacent private residential properties A 265-foot earthen berm (impacting an area of 4,240 s f) will be constructed off of Foster Street to help to protect an existing home at 554 Foster Street from flooding (directly east of Mosquito Brook) The berm will be approximately 6-feet wide at top and 16-feet wide at the base and will serve to protect homeowners from a 10-year storm event The 100-year event would overtop and continue to flood as it would under existing conditions An extensive drainage study was submitted, which includes and existing Watershed Analysis, an existing Hydraulic Analysis, Proposed Alternatives (Wetland Resource Impacts, Alternatives Analysis, ect), Recommendations, and Proposed Drainage Improvements Set up Escrow account for outside drainage review I would recommend amount of$ 10, 000 for a project of this magnitude Staff has reviewed the plans and has several noted concerns (no flood elevations shown, no existing trees line/amount of existing vegetation to be impacted, inaccurate buffer zone locations, inappropriate dewatering locations, s f new vegetative clearing for the construction of the berm, inadequate wetland/buffer zone replacement areas, ect) I would recommend a separate meeting with the engineers to address concerns Mr Willis stated sequences for the perennial stream rock wall vertical headwall Winter Street gravel roadway low impact area 2 to 1 mitigation in this area The sequences of construction sandbags channel connector take sandbags away move to another area, dewatering, temporary work grading,phase 11 sandbags and restoration There is a major Beaver problem out here at 50 Saw Mill Road, the Board of Health makes the judgment if it is Health threat Michael Callahan of Beaver Solution can install a Beaver Deceiver to alleviate the flooding Scott Masse, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to set out escrow account in the amount $ 10, 000 was made by Ms Feltovic, seconded by Mr McDonough Unanimous A motion to continue to July 12, 2006 meeting for outside drainage review was made by Ms Feltovic, seconded by Mr Napoli Unanimous 4 242-0000, Lot 1 Salem Street (Belford Construction)(New England Engineering Services. Inc. Thomas Hector of New England Engineering Services, Inc , was present Ms Feltovic read the legal notice Ms McKay stated the filing the construction of a single-family dwelling, deck, driveway, and associated grading within the Buffer Zone to a Bordering Vegetated Wetland to the rear/south of the subject lot and a jurisdictional isolated wetland to the east(Abbott Village replacement area) A non jurisdictional isolated wetland resource area of approximately 530 s f in size is also located to the front subject lot(wetland series C) The applicant is proposing to fill the isolated area to accommodate the proposed work The driveway will be located approximately 68' from the wetlands at its closest point, the single-family dwelling at approximately 85' and the deck approximately 82' The site naturally appears to drain towards the stormwater treatment area and proposed grading of a surrounding area appears to further this drainage pattern A retaining wall is also proposed along the property line at the end of the driveway I would recommend however,that the applicant propose mitigation for roof infiltration (i e , drywell ect) The erosion controls (haybales and silt fence) are proposed along the limit of work along or just beyond the 50-foot No-Build zone The wetland line has been reviewed and approved with the exception of wetland flags B1, B2, & B3 which do not impact the project The site is not located within estimated habitat of state rare species No file# has been issued and DEP has commented that an additional for fee of$ 195 is needed An additional $ 195 is also needed in local fees An abutter Mr David Pope of 15 Nutmeg Lane stormwater management runoff concerned about the area is very wooded the detention basin tops over now with extra flow could be major issue with water run-off An Abutter Kathleen Reardon 571 Salem Street erosion controls and the run-off from the property when trees are cleared soils can move Ms McKay stated an Isolated Wetland non-jurisdictional because less than 1, 000 s f Scott Masse, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to continue to June 28, 2006 meeting was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1359, 415 Salem Street(Deluca)(Sullivan Engineering Group, LLC) John Sullivan of Sullivan Engineering Group, LLC was present Mr McDonough read the legal notice Ms McKay stated the filing for the construction of a single-family dwelling with associated deck, septic system, driveway and grading within the Buffer Zone to Bordering Vegetated Wetland During the early spring months, the exiting single-family dwelling was demolished The house was entirely located outside of the Buffer Zone The wetland flagged by Richelle Denney, of Arrow Environmental and was review and approved with the exception of the rear line (wetland flag A 1-B through 7), as it does not affect the proposed project Half of the proposed work will take place within the Buffer Zone The single-family dwelling is being proposed 5 V from wetland at the closest point The limit of the work would take place within the Buffer Zone 25' from the wetland at its closest point Currently maintained as lawn closet to the edge of the wetland The applicant's engineer is proposing to establish the 25-foot No- Disturbance zone using 3 varieties of shrubs (18 total) within that in lieu of a proposed stonewall to deter future encroachment The majority of the impacted site drains away from the wetland resource area towards Salem Street and the natural drainage patterns shall not be altered Due to the size of the new single-family dwelling, the applicant should implement a device to handle the roof runoff I spoke to John Sullivan and he is willing to install an infiltration trench along the driveway if the Commission so requests The site outside of estimated habitat of endangered species The applicant is under review with DEP Mr McDonough stated a stonewall would 5 work better than the shrubs from future encroachment Abutters Jack Sullivan retired from the Zoning Board of Appeals and Jaspor&Rita Camnarta of 437 Salem Street was present Mr Sullivan stated I have no problem with the project it would differently be much needed improvement Mr & Mrs Camnarta stated they have water running into their back yard when they built the homes behind our house we have water problems Mr Masse stated if you having water run-off problems from a development behind your house may be call the office either Alison or Pamela could do a site visit Scott Masse, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to June 28, 2006 meeting was made by Ms Feltovic, seconded by Mr McDonough Unanimous 242-1361, Bradford Street-Carter Crest (Tara Leigh Development, LLC)(Epsilon Associates, Inc.) The applicant Thomas Zahoruiko of Tara Leigh Development, LLC and Jeffery Malloy of Epsilon Associates, Inc was present Ms Feltovic read the legal notice Ms McKay stated the filing is for construction of a common driveway and associated grading within the Buffer Zone to a Bordering Vegetated Wetland and several Isolated Vegetated Wetlands This work is associated with construction of two single-family dwellings to be constructed outside of the Buffer Zone The site is located off of Bradford Street and consists of two lots, totaling approximately 6 88 acres The property is bound to the north, west, & south town owned conservation land (Carter Farm& Mazurenko Farm) The property site is currently undeveloped and is mixed of open fields and forested land The properties slope towards Bradford Street and a cart way traverses along the length of the northern property boundary(along the proposed common driveway) The common driveway will extend approximately 600-feet and will be approximately 15-feet wide The single-family dwelling will be serviced town water& sewer (force main) and will be installed along the driveway shoulders Under roof dram infiltrators are also proposed on each lot Epsilon Associates in March/April of 2000 previously delineated the resource areas The Commission in May of 2000 issued a Determination of Applicability Seekamp Environmental reviewed the resource areas on the Commission' s behalf during this time The determination has since expired, however, wetland flags were refreshed and reconfirmed by Epsilon Associates for this filing The resource areas were reviewed by myself and Jeffery Malloy of Epsilon Associates and several minor changes were made However, the project still complies with 50-foot No-Build zone and the 25-foot No-Disturbance setbacks The site is also located within the Watershed District A Watershed Special Permit was issued in 2003 by the Planning Board, an extension of this permit was also granted The site is not located 1 within estimated habitat of state listed rare species File # issued, still under review by DEP Plans will be revised for associated minor wetland changes No further issues Scott Masse, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to June 28, 2006 meeting for revised plans was made by Ms Feltovic, seconded by Mr Napoli Unanimous 6 Decisions 242-1356, 123 Marian Drive (Cavanaus!h)(Merrimack Engineering Services, Inc.) Mr Masse stated they should have separated the filings replacing a failed septic system first Then file separate for the sinking garage Scott Masse, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to deny as presented reconsider vote for failed septic system only 2 to 2 vote A motion to adjourn to meeting at 10:35 P. A was made by Ms. Feltovic, seconded by Mr. McDonough. Unanimous. 7