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HomeMy WebLinkAbout2006-08-06 Conservation Commission Minutes S , Conservation Commission Meeting Minutes August 9, 2006 Members Present: Joseph W Lynch, Jr , Chairman, John J Mabon, Deborah Feltovic, and Louis A Napoli Members Absent: Scott L Masse, Chairman, and Albert P Manzi, Jr , Vice Chairman, Sean F McDonough Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7: 05 P. M. Quorum Present. Pledge of Allegiance General Business 242-1037, COC Request, 1210 Osgood Street(Forgetta Development,LLC)(Epsilon Associates, Inc.) No one was present Ms Merrill stated the Order of Conditions was issued in November 2000 for construction of a hotel plaza within the Buffer Zone to a Bordering Vegetated Wetland To date the Order of Conditions has expired The work at the site was limited to clearing, minor grading and the installation of 3 temporary settling basins for stormwater runoff These basins were recently filled in and permanently stabilized during the spring of 2006 under and Enforcement Order Additionally,the applicant filed ANRAD, as the project design will change The applicant is aware he will have to re-file a new Notice of Intent for any future work The applicant was granted a partial bond release of 25K in June 2006, leaving a$ 1K performance bond The applicant is seeking a COC to close out the project It is my understanding the applicant will be moving forward with submitting a new Notice of Intent in the future Mr Lynch is the site totally stabilized Ms Merrill stated the site is totally stabilized the wetlands are about 300-feet from the front of the property facing the roadway Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to issue the COC and bond release of$ 1,000 plus interest was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1363, Modification Reguest, 1150 Salem Street (Farr)(New Ensland Engineering Services, Inc.) Andy Lambert of New England Engineering, Inc was present Ms Merrill stated the applicant recently received an Order of Conditions for the construction of single-family dwelling with associated appurtenances within the Buffer Zone to a Bordering Vegetated Wetland However, the applicant is now seeking a modification to the plan to include a 23' x 8 6' deck portions of which will be a cantilevered, as shown on the plan proposed site plan 1150 Salem Street, prepared by New England Engineering Services, Inc , dated June 16, 2006 with revisions made through August 1, 2006 The modified work is proposed to conform to the 50-foot No-Build zone The deck's sonotubes will be placed 50 09' from the adjacent Bordering Vegetated Wetland Mr Lynch stated watch where the sonotubes are placed make sure they met the 50-foot 1 No-Build zone Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to issue the modification was made by Mr Mabon, seconded by Ms Feltovic Unanimous Small Project Review 188 Chestnut Street NACC #19 Ms Merrill stated the removal of the old deck would be hand removed, the sonotubes would hand digging the deck is 85-feet away from the wetland resource area off property The area is very flat I don't think they need to have erosion controls installed except 2 haybales on site in case A post-construction meeting to make sure everything was done according to the conditions Ms Feltovic stated this deck covers 312-feet tell the applicant to reduce the size by 1-feet the size per small projects can only be 300 square feet Ms Merrill stated this is open slotted deck no roof Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to require the deck is reduced in size 1-feet and to accept the conditions was made by Mr Mabon, seconded by Ms Feltovic Unanimous Open Space Acceptance-Berrington Place Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli Continued to August 23, meeting for base line survey plan Forest Cutting Plan-Weir Hill TOR Ms Merrill stated the Trustees of Reservation which manage Weir Hill needs to do some clean up of trees canopies Last December we walked the entire 194 acres Town Manager Mark Rees, Pamela Merrill, Conservation Department, Robert of the Trustees of Reservation and Mr Albert Manzi, Jr , Conservation Commission member They had been before the Planning Board at their last meeting This is curiosity to the Conservation Commission to let you know what they are going to do in September of 2006 They would have one wetland crossing and would place tree wood to walk over so there would be no bank destruction Mr Lynch states they have to follow the DEM regulations Ms Merrill stated yes Mr Lynch stated I talked with Mr Manzi and he was fine with this project 25 Margate Street (Bailey) Mr Napoli stated Ms McKay and me was down there 3 times they were cleaning up the area but they did it with back hoe ripped out all the bank had all open soil there so we told them to place hay on the slope Mr Napoli they made total mess out there trying to clean up all the dumping over the hill Ms McKay stated hire a wetland scientist to submit a planting plan and to have permanent stabilization starting September 8, 2006 restoration done by September 22 2006 and monitory for two full growing seasons I have talked to Mr &Mrs Bailey I fined them from July 14, 2006 $ 100 a day till the area is stabilized Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to ratify the Enforcement Order was made by Mr Mabon, seconded by Ms Feltovic Unanimous 2 r _ Recess 5 minutes Public Hearings Notice of Intent(s) 242-1364, 611 Salem Street (Belford Construction)(New England Engineering Services, Inc.)(cont. from 7/26/06) Andy Lambert of New England Engineering Services, Inc and Abutter Mr Pope of 15 Nutmeg Lane was present Ms McKay stated at the last meeting, the Commission requested the following plan revisions, extension of the berm along the driveway, additional spot grade elevations at the driveway, a detail on the driveway apron, and additional rip-rap stone (more flare at the end of the swale) Plans have been revised to reflect these changes Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Napoli Unanimous The abutter Mr Pope questioned what the Commission just did Mr Lynch stated we close the hearing and at the next meeting the Commission would sign the Order of Conditions 242-1362, Mosquito Brook Drainage Improvements-Winter Street, Foster Street,Lost Pond Lane,Private Lane)(DPW)(VHB)(cont. from 7/26/06)(Reguest to cant. to 8/23/06) No on was present Ms McKay stated the applicant request a continuance to August 23, 2006 meeting Joseph Lynch, John Mabon, Deborah Feltovic, Lours Napoli A motion to continue to August 23, 2006 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1366, 326 Campbell Road(Swiniarski)(Merrimack Engineering Services, Inc.)(cont. from 7/26/06) William Dufresne of Merrimack Engineering Services, Inc was present Ms McKay stated at the last meeting, the Commission was concerned that the proposed wetland markers posted to the rear of the property along the 25-foot No-Disturbance zone was not suitable as a permanent physical barrier Neither the applicant nor their representative was present at the meeting, therefore the Commission voted to continue to engage in further discussion in this regard A letter (included in packets) from direct abutter(Mr Steven E Tessler) was received regarding concerns that the proposed stonewall would restrict, impede, and/or contain groundwater runoff movement thereby altering or degrading the shared wetland resource area He is suggesting that a natural barrier of appropriate plantings be installed in this location instead of the stonewall Mr Dufresne stated the tree south sides of the property very shrubby tree line extension of loose dry stonewall along the 25-foot No-Disturbance zone to wetland flag I I7A this would help prevent debris and protect the wetland resource area Mr Lynch stated the Commission does require barriers Hawthorne Plants, Post-Rail fences and stonewalls Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Napoli Unanimous 3 242-1367, 31 Court Street (Castricone)(Arrow Environmental,LLC)(Giles Surveying) The applicants David&Patti Castricone was present Mr Mabon read the legal notice Ms McKay stated the filing is for construction of an addition and two decks, one of which will be cantilevered, to an existing single-family dwelling within the Buffer Zone to bank associated with an intermittent stream The proposed addition will consist of converting a one-car garage into a two stall, two apartment rooms over the garage, first floor apartment, expansion of the kitchen, and a sunroom The addition is necessary for the care of the applicant's father, who has medical condition that necessitates constant care The addition and both decks are proposed within the 50-foot No-Build zone However, the proposed deck to the rear will be cantilevered and is noted on the plan The proposed deck to the north will not be cantilevered and is proposed within the 50-foot No-Build zone A waiver request was submitted with the application stating that the existing condition and circumstances are a hardship for the applicant and that lot does not allow an alternative location An alternative analysis was submitted The existing house was built in 1952 The addition at its closest point to the wetland will be 37-feet away from closest stream bank flag (A-3A) The proposed area is combination of already existing disturbed area consisting of grass and existing foundation that houses a shed, which will be removed No trees will be removed for this protect The intermittent stream has jurisdictional bank, but does not have an associated Bordering Vegetated Wetland The resource area was delineated by Patrick Seekamp and application and narrative report prepared by Richelle Denney of Arrow Environmental The 25-foot No-Disturbance zone is for the most part currently being maintained as a lawn area Therefore the applicants proposes to clean up the existing debris by hand and dispose of it properly in a location outside of the 100-foot buffer zone and plant Highbush blueberry(Vaccinium Coyumbosum) and Winterberry (Iliex Verticillata) every five feet along the bank alternating the two species I am not sure however that these plants are appropriate in the proposed location, as they are wetter species and the area is not wet, but is the buffer zone Erosion controls are proposed along the 25-foot No-Disturbance zone I would recommend these erosion controls be wrapped up the southern property line towards the proposed construction access way A foundation drain is not required and therefore not proposed There are no grade changes needed to accommodate this proposal A de-watering pit is also proposed just upgradient of the proposed erosion controls The applicants have also been granted side and front waiver setbacks from the Zoning Board of Appeals Still under review by DEP Mrs Castricone submitted pictures of the property for the file Mr Castricone stated my neighbor on Osgood Street mows right up to the bank of the stream Mr Lynch stated there needs to be topography on the plans Mr Mabon stated there needs to be a barrier along the 25-foot No-Disturbance zone fence, stonewall dry, 2' x 2' to keep people from dumping grass and leafs what ever else An Abutter Mr John Weaver of 37 Court Street does the Conservation Commission grant hardship waivers Mr Lynch stated no the Conservation Commission does not grant hardship waivers Mr Lynch stated the Conservation Commission will schedule a site walk on the property time set at 6 00 P M Thursday, August 17, 2006 at 31 Court Street Mr Lynch told the applicant hold of for revised plans till the Commission does the site walk Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to continue to August 23, 2006 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 4 242-1368, 115 Peachtree Lane (Kamieneski)(Arrow Environmental, LLC)(Giles Surveying)(Request to cont. to 8/23/06) No one was present Mr Mabon read the legal notice Mr Lynch stated no testimony on this filing Ms McKay stated the applicant request to continue to August 23, 2006 meeting Joseph Lynch, John Mabon, Deborah Feltovlc, Louis Napoli A motion to continue to August 23, 2006 meeting was made by Mr Mabon, seconded by Ms Feltovlc Unanimous Wetland Regulations Revisions-Application Checklist/Other(cont. from 7/26/06) Application Checklist-Notice of Intent Ms McKay stated basically the change on this to require 9 copies of Notice of Intent, 9 copies of plans, 9 copies waivers or any other paper work that comes in with the filing Mr Lynch stated under all existing condition plans change to resource wetland delineation the date formerly ANRAD less than 3 years old all flags need the be refreshed in the field Ms McKay stated the Checklist-Small Projects 2 copies of the plan 1" _ 20' scale Mr Lynch stated 4 2 checklist the applicant has delineated the wetland all resources boundaries areas in the field and final wetland confirmed See plan requirements below Include A thru K on the checklist At a minimum change appropriate to applicability Joseph Lynch, John Mahon, Deborah Feltovlc, Louis Napoli A motion to continue to August 23, 2006 meeting was made by Ms Feltovlc, seconded by Mr Mabon Unanimous Decision 242-1355, 1503 Osgood Street (1503 Osgood Street)(Wetland Preservation, Inc.) Ms McKay stated the bond amount set at $10,000, O &M plan revised O &M plan for the mowing and infiltrators, stake parking area, 6-foot high fence to keep trash from blowing into the resource areas fence line would go from wetland flags 1 thru 24 add gate to gam access the for cleaning stormwater management areas, wetland markers place on fence and No-Salt/No-Snow Stockpiling signs on top of the fence Joseph Lynch, John Mabon, Deborah Feltovlc, Louis Napoli A motion to accept the Order of Conditions as amended was made by Mr Mabon, seconded by Ms Feltovlc Unanimous A motion to adjourn the meeting at: 10:00 P. M.was made by Mr. Mabon, seconded by Ms. Feltovic. Unanimous. 5