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HomeMy WebLinkAbout2006-09-27 Conservation Commission Minutes Conservation Commission Meeting Minutes September 27,2006 Members Present: Scott L Masse, Chairman, John J Mabon, Deborah A Feltovic, and Sean F McDonough Members Absent: Albert P Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr , and Louis A Napoli Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:30 P. M. Quorum Present. Pledge of Allegiance General Business 242-1322, COC Request,246 Candlestick Road (Young)(The Neve-Morin Group)(cont. from 9/13/06)(Reguest to cant. to 10/11/06) No one was present Ms Merrill stated the applicant is moving the fence so they would have new as-built plans done A motion to continue to October 11, 2006 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1257, Modification Request,284 Salem Street (Palmer)(McKenzie Engineering Group. Inc. The applicant Mr David Palmer and Bradley C McKenzie of McKenzie Engineering Group, Inc were present Mr Palmer stated the modification request because I did not do most of the work because I ran out money and any work being completed would make the project much better for the protected resource areas The fence was never installed the reason was for my dog and I no longer own a dog Mr Masse stated there are about 6 to 8 modifications listed here Mr Palmer stated because I have not completed the drainage improvement yet I would be installing it next week Then I would be submitting my COC request next A motion to issue the modifications was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1189, COC Request, 488 Pleasant Street(Compass Properties, Inc.)(Wetland Preservation, Inc.) Sergio Bonvilla of Wetland Preservation, Inc , was present Ms Merrill stated the Order of Conditions was issued in April of 2003 for construction of a single-family dwelling and associated appurtenances within the Buffer Zone to a Bordering Vegetated Wetland and Steven's Pond The applicant retained Wetland Preservation, Inc , as the Environmental Monitor and reports were submitted throughout the construction The applicant was required to re-vegetate areas of 25-foot No-Disturbance zone, was previously disturbed Plantings were installed in early summer and appear to be doing very well The wetland makers were installed along the 25-foot No-Disturbance zone Measurements were taken in the field and were consistent with approved and as-built plan There is Beaver activities continues to be problematic along Stevens Pond and 1 i within the sewer easement A motion to issue the COC and release the bond was made by Ms Feltovrc, seconded by Mr Mabon Unanimous 242-1267, COC Request,#612 (Lot 11)#622 (Lot 12), Salem Street (St. Hillaire)(New England Engineering Services, Inc.) Ben Osgood, Jr, of New England Engineering Services, Inc , was present Ms Merrill stated the Order of Conditions was issued in September of 2004 for construction of two single-family dwellings Lot 11 was proposed within the Buffer Zone and lot 12 only had associated grading proposed within the Buffer Zone The applicant retained New England Engineering Services, Inc , as the Environmental Monitor and reports were submitted as required The wetland markers were placed along the 25-foot No-Disturbance zone The as-built measurements were consistent with the approved plan The disturbed areas on Lot 11 were sodded for immediate stabilization There was no evidence of soil erosion at the time of inspection A segmental block retaining wall was constructed upslope of the limit of work to decrease the amount of grading The area behind the wall has been left to vegetate naturally Measurements were taken in the field and were consistent with the approved and as-built plan A motion to issue the COC and release the bond was made by Ms Feltovrc, seconded by Mr Mabon Unanimous 242-1261, Bond Reduction Request,Lots 1-5 Cotuit Street (Burke)(New England Engineering Services,Inc.) Ben Osgood, Jr, of New England Engineering Services, Inc , was present Ms Merrill stated the project has a long way to go before it is finished I think this request is very pre-mature a lot of work is still outstanding and the site has exposed soils A motion to continue to October 11, 2006 meeting was made by Mr McDonough, seconded by Ms Feltovrc Unanimous Open Space-Berrington Place-Continued from 9/13/06) Ms McKay stated Charles Carroll and I took total walk of the site for about and hour A motion to accept the Open Space from Berrington Place was made by Ms Feltovrc, seconded by Mr Mabon Unanimous Small Project Review NACC # 2147 Boxford Street The applicant Mr & Mrs Peter Sullivan was present Ms Merrill stated the project would be 84- feet from the wetland line This project would be 4 4K to be determinate by the Conservation Commission The backyard is very flat pre-construction meeting, post construction meeting and the expiring date of the small project would be November of 2007 A motion to ratify the small project as amended was made by Mr Mabon, seconded by Ms Feltovrc Unanimous Enforcement Order Ratification Red Gate Pastures Ms Merrill stated this located right on Salem Street I issued seize and decist from doing work no fine but the mud was flowing right on to Salem Street and into Mosquito Brook put hay mulch, check dame rip-rap and dewatering pump on site install a catch basin to capture the run- off from the site A motion to ratify the Enforcement Order as drafted was made by Mr Mabon, seconded by Ms Feltovrc Unanimous 2 Draft Conservation Restriction-Cullen Property The Conservation Commission would require a base line survey of the property on a plan Mr Mabon stated there should be vegetated management plan and include the trials also Continued to October 11, 2006 meeting 350 Holt Road-Crusader Paper Mr Masse, Chairman of the Conservation Commission took this discussion off the agenda No Recess Pamela A. Merrill left the meeting at 8:25 P. M. Public Hearings at: 8:25 P. M. Abbreviated Notice of Resource Area Determination (ANRAD) 242-1370, 1812 Turnpike Street(Fodera)(Epsilon Associates, Inc.)(cont. from 9/13/06) No one was present Ms McKay stated the file# issued no comments A motion to close and issue a decision within 21 days was made by Mr McDonough, seconded by Ms Feltovic Unanimous Notice of Intent (s) 242-1362, Mosquito Brook Drainage Improvements-Winter Street, Foster Street, and Lost Pond Lane,Private lane (DPW) (VHB) (cont. from 9/13/06) The applicant Eugene Willis Town Engineer of Department of Public Works and Paul Carter of VHB and Gene Crouch of VHB were present Ms McKay stated at the last meeting Boxford's Conservation agent Ross Povenmire was present to request more time for his Commission to review the project in more detail Boxford's agent indicated that he has initial concern that the project was not in compliance with new PGP Army Corps Programmatic General Permit Stream crossing standards for new culvert construction The Commission and applicant granted Boxford the opportunity for further review Boxford conducted a review and submitted a response letter dated 9/25/06 The letter recognizes the thorough review conducted by the Commission and concludes that storm flows reaching Boxford would not substantively increase as a result of the proposed project Additionally noting the Boxford Conservation Commission reserves further comment on the potential impact of the proposed project on the stream However, the letter states that the Boxford Conservation Commission remains concerned about the potential impacts of the proposed project on habitat continuity Specifically that the project did not comply with Category 2 requirements of this permit a project for repair and maintenance of authorized fills as described by a representative at the Army Corps The Army Corps representative indicated the they would likely need to review the project compliance with the new stream crossing standards and would need assess the need for any deviation from the standards on a site-specific basis Therefore, in light of Boxford' s conservation with the Army Corps in this regard, the Boxford Conservation Commission is requesting that the applicant be required to notify the Army Corps of the details of the project in accordance with the Category 2 procedures and if substantive design changes occur as a result of this review Boxford requests the additional opportunity to review the design 3 changes Mr Crouch stated VHB would submit Category 2 plans to Army Corps of Engineers A motion to continue to October 11, 2006 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1368, 115 Peachtree Lane (Kamieneski)(Arrow Environmental, LLC)(Giles Surveying)(cont. from 9/13/06) The applicant Mr Scott Kamieneski and Abutters Kathern Holly of 98 Rea Street and Scott Shilling of 96 Rea Street were present Ms McKay stated the plans have been revised showing a smaller sports court 20' x 30' with no fence outside of the existing drainage easement and outside 50-foot No-Build zone and 72-feet to the wetland at its closest point The plans still note that there will be minimal grading for the work and do not proposed any grade changes This was one of the concerns mentioned by an abutter at the last meeting All wetland flags are still shown on the plan Again, it should be noted in the decision as to which flags have been approved under this filing A motion to close and issue a decision within 21 days was made by Mr McDonough, seconded by Ms Feltovic Unanimous 242-1357, 0 North Main Street (Downer Brothers Landscaping)(New England Engineering Services, Inc.)(cont. from 9/13/06) Ben Osgood, Jr, of New England Engineering Services, Inc , Dom Scalise a Lawyer for Abutter Mr Ferreira was present Mr Osgood stated the Building has been redesigned outside Sanitary Districts easement also would be on concrete pilings the stormwater management infiltrator outlet would be within the Sanitary Districts easement Ms McKay stated the project is located within Bordering Land Subject to Flooding the Conservation Commission should have this review by third party consultant A motion to set-up escrow account for third party consultant in the amount $ 5,000 was made by Mr McDonough, seconded by Ms Feltovic Mr Osgood stated the amount is too high that would for 40 hours of review The Conservation Commission withdrew to set-up escrow account A motion to continue to October 11, 2006 meeting was made by Mr McDonough, seconded by Ms Feltovic Unanimous Wetland Regulations Revision Procedures Mr Masse stated this has to be done with a legal notice advertised in the Eagle Tribune A motion to continue to October 11, 2006 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous Wetland Regulations Revisions-Application Checklist/Other(cont. from 9/13/06) Ms McKay stated the Small Project Checklist the Conservation Commission wanted Mr McDonough to be the one to approve for small project A date when pre-meeting occurred is ok File #NACC# A thru K does not have to be on the Checklist 4 Decisions 242-1367, 31 Court Street (Castricone)(Arrow Environmental,LLC.)(Giles Surveying) Ms McKay stated the bond amount set at $3,000, wetland markers, removing fill to avoid minimize, mitigate impacts, buffer zone restoration with planting plan approved by Conservation Administrator monitoring for 2 growing seasons A motion to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Mabon Vote 3-0-1 passes 242-1370, 1812 Turnpike Street (Fodera)(Eysilon Associates, Inc.) Ms McKay 2 flags standard ORAD A motion to accept the ORAD as drafted was made by Ms Feltovic, seconded by Mr Mabon Unanimous A motion to adjourn the meeting at; 9.30 P. M. was made by Mr. McDonough, seconded by Mr. Mabon. Unanimous. 5