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HomeMy WebLinkAbout2006-07-26 Conservation Commission Minutes r � Conservation Commission Meeting Minutes July 26, 2006 , Members Present: Scott L Masse, Chairman, Albert P Manzi, Jr, Vice Chairman, Joseph W Lynch, Jr, John J Mabon, Deborah Feltovic, Sean F McDonough, Louis A Napoli Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A. Merrill, Conservation Associate and Donna M Wedge, Conservation Secretary Meeting came to Order at 7:06 P. M. Quorum Present. Pledge of Allegiance Sean F. McDonough arrived at 7: 10 P. M. John J. Mabon arrived at 7:15 P. M. General Business 242-1209, COC Request, 139 Olympic Lane (DeCarro)(New England Engineering Service, Inc.) Ben Osgood, Jr, of New England Engineering Services, Inc , was present Ms Merrill stated that the Order of Conditions was issued in June of 2003 for the installation of a septic system with associated grading within Riverfront Area(Boston Brook) and within the Buffer Zone to a BVW An amended Order of Conditions was issued in September of 2004 for the construction of an in ground swimming pool and patio and the relocation of an existing shed Additionally, 9 white pine saplings were installed along the 25-foot No-Disturbance zone as this area was previously maintained as mowed lawn In February 2006, the Commission granted a modification and released $1000 of the $1,500 bond Ms Merrill explained the modifications She also stated that the two dead white pines were replaced in the spring and that the row of white pine saplings continued to do well She stated that the site was stable against erosion A motion to issue the COC and release the bond was made by Mr Lynch seconded by Mr Manzi Unanimous 242-1330, COC Request, 55 Oakes Drive (Donadt)(New England Engineering Services, Inc.) Ben Osgood Jr, of New England Engineering Services, Inc , was present Ms Merrill stated that the Order of Conditions was issued in September of 2005 for the installation of a septic system within the Buffer Zone to a BVW The site was stable during final inspection The house was sold and the Department received a signed affidavit from the new owners Wetland markers were installed along the portions of the delineated the edge of the BVW and the 25-foot No-Disturbance zone A motion to issue the COC and release the bond was made by Mr Manzi, seconded by Mr. Lynch Unanimous 242-140, PCOC Request, 115 Vest Way (Gliklich) Margus Decry, Realestate Broker, representing the applicant, was present Ms Merrill stated that the Order of Conditions was issued for the construction of lots 12A, 41, 42, and 43 Bridges Estates Lot 34A (#115) Vest Way was not part of this Order A motion to issue the PCOC for Lot 34A, 115 Vest Way only was made by Mr Lynch, seconded by Mr Manzi Mr McDonough abstained Vote 5-0-1 242-184, PCOC Request, 115 Vest Way (Gliklich) Margus Decry, Realestate Broker, representing the applicant, was present Ms. Merrill stated that the Order of Conditions was issued for the construction of lots 33A- 37A Vest Way The applicant's attorney submitted an as-built plan and requested for a PCOC in 1983 It is not known if the 1 a-' Conservation Commission acted on this request because nothing was found in the file or at the Registry of Deeds The intent was to clear title for the lot Mr McDonough requested to see the as- built plan A motion to issue the PCOC for Lot 34A, 115 Vest Way only was made by Mr Manzi, seconded by Ms Feltovic Mr Mabon abstained 6-0-1 224-95, PCOC Request, 115 Vest Way (Gliklich) Margus Deery, Realestate Broker representing the applicant, was present Ms. Merrill stated that the Order of Conditions was issued in March of 1981 for the construction of Foster Street/Bridges Lane and for a detention pond only All other lots were required to file under a separate Notice of Intent A motion to issue a PCOC for Lot 34A 115 Vest Way only was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-683, PCOC Request, 104 Foxwood Drive (Donahue) The applicants, Mr & Mrs Donahue, were present Ms Merrill stated that the original homeowner was requesting a PCOC for her lot 46 only In 1998, an Enforcement Order was issued to Thomas Hurley, Evergreen Management for building the existing deck within the 50-foot No-Build zone, as well as encroachment in the 25-foot No-Disturbance zone A substantial fine was levied at the time, but she said that she didn't believe it was ever paid, rather appealed to the court system As part of the Enforcement Order, Wetlands Preservation Inc prepared a restoration plan, which was approved Restoration activities were completed shortly there after Since the Foxwood Subdivision was never, and never will be entirely closed out, the owner was seeking a PCOC from the Order of Conditions A compliance inspection was conducted and the restored areas appeared to be thriving It was apparent that the owner has never encroached into these areas Mr Manzi stated the Commission had approved the deck and that the development was a Planned Residential Development (PRD) A motion to issue a PCOC for Lot 46, 104 Foxwood Drive only, was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1253, COC Request,Lot 3 Grav Street# 257 (Litchfield Company, Inc.)(Serwatka) No one was present Ms Merrill stated that the Order of Conditions was issued in May of 2004 for the clearing and grading in order to construct a single-family dwelling and driveway within the Buffer Zone to a BVW The majority of the driveway was located outside of the buffer zone The Litchfield Company, Inc, retained Joseph Serwatka as the Environmental Monitor and reports were submitted as required The applicant previously submitted the COC request in March of 2006, however some of the disturbed areas were not stable The request was withdrawn and resubmitted A final inspection was conducted and the disturbed areas were stable A motion to issue the COC and release the bond was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1194, Modification & COC Request, 78 Vest Way (Milliken)(New England Engineering Services, Inc.) Ben Osgood, Jr, of New England Engineering Services, Inc was present Ms Merrill stated that the Commission issued an Enforcement Order in September 2002 for unauthorized clearing within the Buffer Zone. A Notice of Intent was also filed for the construction of an addition, deck retaining wall and landscaping within the buffer zone Restoration of the 25-foot No-Disturbance zone was completed and had successfully survived 2 full growing seasons Reports were prepared by New England Engineering and submitted New England Engineering Services, Inc., was also retained as the Environmental Monitor during construction phase Reports were submitted during construction A modification is being requested from the approved plan for the footprint of the deck, which was slightly larger than the approved and the elimination of some landscape walls Ms Merrill stated that even though the deck was larger, it would not have adverse impacts to the adjacent resource area A 2 motion to issue the modification was made by Ms Feltovic, seconded by Mr McDonough Unanimous The applicant was also seeking a COC As-Built plans were submitted and were consistent with the approved plan, except for the identified modifications A final inspection was conducted and the disturbed areas were stable. Measurements were consistent in the field The wetland markers were also installed The restored area appeared heavily overgrown with herbaceous material, however the planted material was still evident in the field A motion to issue the COC and release the bond was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1128, COC Request, 21 Fuller Meadow Road (Jha)(Giles Surveyinp,) No one was present Ms Merrill stated that the Order of Conditions was issued in March 2002 for the conversion of an existing deck to a four-season living space, as well as the construction of a new 5 5'x 6' deck with 2 sonotubes within the Buffer Zone to a BVW The applicant was also required to install shrubs along the edge of lawn for compensation of disturbance in the 25-foot No-Disturbance zone The applicant planted hawthorn saplings as required by the Commission in the Order However, the saplings did not do well and subsequently died The applicant informed the Department that they had died and asked for a substitute The applicant planted 10 High blueberry Brushes within the 25-foot No-Disturbance zone and upslope of the wetland line These shrubs appeared to be doing well A pile of brush was also removed from the resource area as required The applicant previously filed a COC request, however items had not been satisfied at that time The As-Built plan was consistent with the approved plan Measurements in the field were also consistent The disturbed areas were stable Mr Manzi stated that the previous owner of the property wasn't protecting the resource areas and there were violations The Commission specifically required Hawthorn Shrubs to be planted He indicated that this was specifically mentioned in the Order He stated that High Blueberry Shrubs were not a suitable alternative in his opinion This site was next to a tributary to Mosquito Brook and it was a very sensitive area The previous owners were always dumping grass, leaves and junk in the protected area and a permanent barrier was needed Mr Lynch stated that the Hawthorne Shrubs was required as the permanent barrier by the Commission Mr Manzi stated that the Highbush blueberry shrubs were not acceptable at this site and suggested a wall, fence, or the original Hawthorn plantings A motion to deny the COC request was made by Mr Manzi, seconded by Ms Feltovic Unanimous Open Space/Berrington Place Acceptance Ms McKay stated that she just received the document this last week from the Town Manager Mr Lynch requested a base line survey The Commission took no action, as more time was needed for review Enforcement Order Ratification Weir Hill- Eagle Scout Project The applicant, Eagle Scout Blake W of 435 Abbott Street was present Ms Merrill stated that the project entailed repair to the boardwalk across one of the existing trails, which was in very tough shape and in need of repair A motion to ratify the Enforcement Order as drafted was made by Mr Manzi, seconded by Mr. Lynch Unanimous No Recess 3 Public Hearings 8:05 P. M. 242-1364, 611 Salem Street (Belford Construction)(New England Engineering Services, Inc.)(cont. from 7/12/06) Ben Osgood, Jr, of New England Engineering Services, Inc and Abutter Mr Pope of 15 Nutmeg Lane were present Ms McKay stated that at the last meeting, Michael Seekamp of Seekamp Environmental was present to represent the abutter regarding concerns of design plans, specifically the proposed grades along the driveway and the proposed drainage intent The Commission agreed and recommended revised plans to redefine the proposed swale These changes would ensure that drainage would bypass the existing stormwater treatment area as intended so as not to increase flows to the abutting property Revised plans were submitted reflecting this change Plans were also revised to include a note indicating that the wetland markers would be placed along the 25-foot No-Disturbance zone every 25-feet No physical barrier was proposed Ms McKay indicated that she spoke with the Commissioner of Buildings, Gerry Brown, and his concern was that water would flow towards of the garage to become a structural issue He strongly suggested a catch basin and a drywell at the end of the driveway to prevent this from occurring A written report was requested from Michael Seekamp and was received stating that the Pope's were satisfied with the revised plan changes,but were requesting a specific condition in the Order of Conditions requiring adherence to the revised design criteria Ms Mckay stated that she agreed that conditions should be incorporated in the Order Mr Napoli stated that the Swale should be flared 10 to 15 feet more and the berm should be extended Mr Lynch requested spot grades and a detail of the driveway apron A motion to continue to the August 9 meeting for revised plans was made by Mr Manzi, seconded by Ms Feltovic Unanimous Albert P. Manzi,Jr., left the meeting at 8:50 P. M. 242-1355, 1503 Osgood Street(1503 Osgood Street, LLC)(Wetlands Preservation, Inc.)(cont. from 7/12/06) Christopher Tymula of MHF Design Consultants, Inc and Jennifer Vicich of Wetlands Preservation, Inc was present Ms McKay stated that revised plans and documents were submitted in response to Lisa Eggleston' s previous comments Ms Eggleston set in final review comments indicating that the applicant' s revisions had satisfactorily addressed previous concerns The only additional comment she had was in reference to the O& M plan and the mowing of the vegetated swale, which should be moved from Construction Phase to the Post-Development Phase, since it would be an ongoing requirement Ms McKay stated that a revised O & M plan could be conditioned as part of the pre- construction conditions to address this concern She stated that she had no further issues Mr McDonough stated that a 6-foot high fence should be installed at the north side of the property to keep the trash from blowing into the resource areas Mr Lynch stated there would have to be condition in the Order of Conditions for No-Salt/No-Snow Stockpiling signs to be posted on the property A motion to close and issue a decision within 21 days was made by Mr McDonough, seconded by Ms Feltovic Unanimous. 242-1362, Mosquito Brook Drainage Improvements-Winter Street, Foster Street, and Lost Pond Lane, Private Lane (DPW) (VHB) (cont. from 6/14/06) Eugene Willis, Town Engineer, and Paul Carter of VHB were present Ms McKay stated that Lisa Eggleston had conducted a brief review to date Ms Eggleston had similar concerns as departmental staff, the Commission and DEP (i e.- loss flood storage with no compensation unless it can be demonstrated that the associated drainage improvements actually reduce the volume of flood storage required at this location-e g modifying the 100-year flood elevation, impacts to wetlands resource areas, resulting in wetland loss, increase in peak flow rates and flood elevation downstream- 4 Brookview Road—Culvert B and at Fish Brook system, etc ) The comments were just received at the end of the day and Ms McKay stated that she needed more time for review Mr Lynch stated that the applicant would need to speak with FEMA for the detail of the flood plain He also requested an opinion from FEMA on whether this would affect the Town's participation in the FIRM program Mr Willis stated that the berm was removed per the requirement of DEP Mr Lynch was concerned about downstream affects in Boxford A motion to continue to the August 9 meeting was made by Ms Feltovic seconded by Mr Mabon Unanimous 242-1366,326 Campbell Road (Swiniarski)(Merrimack Engineering Services, Inc.)(cont. from 7/12/06) William Dufrense of Merrimack Engineering was present Ms McKay stated that at the last meeting the Commission recommended revised plans to include 1 Revised erosion control line to surround the existing shed and gravel drive for removal and restoration 2 Notes on the plan indicating removal of the shed and gravel drive and restoration of those disturbed areas within the 25-foot No-Disturbance zone 3 The location of the of the approximate tree line 4 A permanent barrier at the 25-foot No- Disturbance zone She stated that the revisions had been made and were shown on the revised plans A 2' x 2' dry laid fieldstone wall was also proposed along the 25-foot No-Disturbance zone to the side of the property and wetland markers were proposed along the 25-foot No-Disturbance zone to the rear open water pond Mr McDonough stated that there should be physical barrier Mr Dufrense stated that it was a man made pond and the applicant did not wish to cut off access for recreational use of the pond Mr Masse stated that the applicant should have been present at the meeting A motion to continue to August 9 meeting was made by Mr McDonough, seconded by Ms Feltovic Unanimous Wetland Regulations Revisions-Filing Fees/Application Checklists Ms McKay reviewed the proposed fee changes with the Commission She stated that the fees presented in bold had increased and the highlighted activities were new activities/fees Mr Lynch stated that the proposed changes were justified and reasonable These changes are truly to offset and to maintain to same level of service to the community A motion to accept the increase/changes in filing fees, as drafted with an effective date of August 1, 2006 was made by Ms Feltovic, seconded by Mr Mabon Unanimous Filing checklist revisions were continued to the August 9t"meeting A motion was made by Mr McDonough, seconded by Ms Feltovic Unanimous Decisions 242-1.349, 245 Bridle Path (Grasso)(New England Engineering Services, Inc.) Ms McKay stated that the bond amount would be $3,000 She stated that there were no permits for the cabana or the pool Mr Masse stated that if the applicant could submit proof that the cabana was constructed prior to ownership, the Commission would allow to remain If the applicant could not prove when the cabana installed, the cabana would have to be relocated outside of the 50-foot No- Build A restoration plan was also conditioned as well as the installation of a fence along flag B5 to B8 A motion to accept the Order of Conditions as amended was made by Ms. Feltovic, seconded by Mr Napoli Mr Masse opposed 5-1-0 A motion to adjourn at 10:45 P. M. was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 5 I C d