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HomeMy WebLinkAbout2006-11-15 Conservation Commission Minutes Conservation Commission Meeting Minutes APPSVED November 15, 2006 Members Present: Scott L Masse, Chairman, John J Mabon, Deborah A Feltovic, Sean F McDonough, and Louis A Napoli Members Absent: Albert P Manzi, Jr, Vice Chairman,Joseph W Lynch, Jr Staff Members Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill, Conservation Associate, and Donna M Wedge,Conservation Secretary Meeting Camei to Order at 7:10 P.M. - Quorum Present. Pledge of Allegiance Sean F.McDonough arrived at the meeting at 7:20 P.M. General Business 242-443, PCOC Request,84 Thistle Road-Lot-39C (Dalton& Fineaold,,LLP)(Abbott Street,Trust Beniamin C.Osp-ood,Trustee)(cont.from 10/25/06) No one was present Ms McKay stated that at the last meeting, the Commission requested the request to be continued for correct forms and an appropriate letter since it was not clear what was being requested a COC or PCOC The Commission also commented that the box on the form indicating that the Order had lapsed and was no longer valid Ishould actually be checked off The attorney has revised the letter and the forms appropriately A motion to issue the PCOC for 84 Thistle Road Lot 39C was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1191,COC Request,44 Abbott Street(Lot 2)(Dunap_an)(MHF Design Consultants, Inc.)(cont.from 10/25/06) The applicant Ms Julie Dunagan was present Ms McKay stated that at the last meeting, the Commission granted the applicants a request to withdraw the COC request without prejudice The Commission had required that the shed co mply with the 50-foot No-Build zone and that an Enforcement Order be issued to complete the work An Enforcement Order had been issued and the shed was relocated to comply with the 50-foot setback A new COC request was submitted with revised As-Built plans showing the shed in compliance with the setback, located 50 61 feet from resource area Measurements were verified in the field and were consistent with this finding The small area of disturbance that had occurred upon relocation of the shed was leveled and heavily hydroseeded A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Napoli Unanimous I 242-999, COCIRequest, 1679 Osgood Street(Kellv)(Richard F. Kaminski & Associates, Inc.) The applicant Brandon Kelly and Richard F Kaminski&Associates, Inc were present Ms Merrill stated that the Order was issued in June of 2000 for the construction of storage building, septic system,parking lot, stormwater management and grading within the Buffer Zone to a BVW located on the Lucent property The majority of the jwork was located out of the Buffer Zone Modifications were made in the field, most of which were outside of the Buffer Zone Modifications made within the Buffer Zone include regrading of the detention basin along the west side, the outlet structure was missing the trash rack, and the spillway grate was not mortared in place Pam recommended installation of the trash rack and motoring of the spillway grate The site was stabilized Mr Kaminski stated that the Conservation Commission could issue a COC pending installation of the trash rack and mortaring of the spillway grate Mr Kelly stated that he could have this completed the following day A motion to issue the COC and release the bond pending installation of the trash rack and mortaring of the spillway was made by Ms Feltovic, seconded by Mr Napoli Mr McDonough abstained The vote was 4-0-1 1 I I i i 242-1297 COG Request 100 Salem Street(Patenaude/Cristaldi)(Andover Consultants,Inc.) No one was present Ms Merrill stated that the Order of Conditions was issued in March of 2005 for the construction of a single-fannly dwelling, appurtenances, pool and patio within the Buffer Zone to a BVW The applicants retained Norse Environmental as the environmental monitor and reports were submitted throughout the construction The Order required the applicants to install a post and rail fence along the 25-foot No- Disturbance zone, specifically from WF6A to WFI IA This condition was satisfied The site is stabilized The applicant installed a paver driveway instead of a bituminous driveway,to provide for infiltration The overall size of the driveway 1s 40 s f smaller than approved and the entrance portion was installed further from the wetland than what was proposed A small portion(14 s f)of the driveway was installed within the 50-foot No- Build zone Mr Masse stated that a modification was required for the driveway A motion to issue the modification for 14 s f within the 50-foot No-Build zone was made by Ms Feltovic, seconded by Mr Mabon Unanimous A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1334 COC Request, 156 North Ramp Road(WTF,LLC)(Andover Consultants,Inc.) No one was present Ms Merrill stated that the Order of Conditions was issued in September of 2005 for construction of Ian airplane hanger within the Buffer Zone to a BVW The applicant retained Leah Basbanes as the environmental monitor and reports were submitted throughout construction The wetland markers were placed along 2546ot No-Disturbance zone as required in the Order The hanger was constructed as designed A motion to issue!the COC and release the bond was made by Ms Feltovic, seconded by Mr Mabon Unanimous Small Project NACC#23,44ICricket Lane No one was present Ms Merrill stated that the project was in accordance with section 4 4 2D for the replacement of�a subsurface sewage disposal system The project was 124 feet away from the resource area,but the grading was 51 feet away from resource area Requirements would include erosion controls, a pre- construction anId post construction meeting and would expire as of December 1, 2007 A motion to ratify the small project wIas made by Mr Mabon, seconded by Ms Feltovic Unanimous Deed Acceptance-Cullen Property The Conservation Commission signed the deed,which would be forwarded to the Selectman to sign also Enforcement Order Ratification 33 Stonewedge Circle No one was present Ms Merrill stated that there was accident with one of the applicant's children who fell into the wetland area but he did not get hurt The applicant was requesting installation of a post and rail fence Footings would hand dug and replace some riprap would be necessary The enforcement order would expire on December 8, 2606 A motion to ratify the Enforcement Order was made by Mr Mabon, seconded by Ms Feltovic Unanimous Mr. Masse left the room because of a conflict. Mr.Mahon,Chairman and Ms. Feltovic,Vice Chairman. NACC# 10, COC Request,41 Saile Way(Contemporary Builders, Inc.)(Eight Meadows Realty Trust)(cont. from 10/25/06) No one was present Ms Merrill stated that the Order of Conditions was issued in January of 2001 for work associated with the construction of single-family dwelling Specific work included clearing, grading, the installation sewer and water services, installation of catch basin and a subsurface infiltrator within Buffer Zone to an IVW,jurisdictional under local bylaw only The original applicant was the current owner of the property The office file flacks important information It was not clear if the $3,000 performance bond was posted or if a revised plan was submitted to include the additional wetland flag A14A required The files did not show proof that the Order of Conditions was recorded The building permit was signed by Brian LaGrasse, former 2 i t � Administrator, Indicating that the applicant had passed the pre-construction meeting The Quitclaim Deed states that the property, was subject an Order of Conditions dated January 3,2001,to be recorded hereafter The Order was never recorded The applicant was seeking a COC in order to clear evidence of the Order on the Quitclaim Deed Minor modifications were made to the project,but were outside the Buffer Zone A walkway was added to the front entry, as this was not proposed on the plan No issues with the overall project or as-built plan The Commission discussed how to proceed They agreed that the applicant needed to record the Order and request a waiver for posting the performance bond, and no environmental monitor In addition they required installation of wetland markers along the Planning Board 75-foot Conservation Line A motion to continue to December 13, 2006 meeting was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1186,PCOC Request,Lots 749,10,11,124 13 & Partial Bond Release-Peachtree Farms(Northgoint Development,LLC)(West Environmental,Inc.)(cont,from 10/25/06) The applicant Brian Darcy of Northpomt Development, LLC, and Mark West of West Environmental, Inc , and Abutter Scott Shilling of the Condo Association were present Ms Merrill stated that the Order of Conditions was issued in April of 2003 for the construction of 29-lot single-family dwellings and 5 townhouses with associated stormwater management structures and appurtenances within the Buffer Zone to BVW and Riverfront areal to Mosquito Brook The development is a Planned Residential Development(PRD) with a percentage of the land being designated as open space To date the development was complete with minor action items to be addressed The applicant was requesting PCOC' s for the 7 single-family dwellings within the 100- foot buffer zone, specifically lots 7-13 A site inspection was conducted to confirm as-built plans Measurements were taken and confirmed in the field All disturbed areas were stable against erosion The wetland markers were posted on,cedar posts along the 25-foot No-Disturbance zone as required A letter prepared by Marchionda & Associates states that a portion of the wooden fence encroaches within the 25-foot No-Disturbance zone The length of encroachment is 66-feet The fence was installed as part of the purchase and sales agreement with the developer and Kenny Rea and was installed to depict the Rea' s property line The fence begins along the northern side of lots 1-4 and traverse along the rear property line behind lots 5-9 Mr McDonough wanted to view the as-built plans He indicated that he was satisfied in the area with the fence Ms Merrill recommended that the Commission send drainage as-builts and calculations to Lisa Eggleston for review Abutter Scott Schilling of the condo Association stated that the trustees were not in favor of releasing bond money on the project for drainage He indicated that the wet meadow was now ponded, whereas it was not been before And because of this mowing could not occur He felt that this was due to improper drainage design at Peachtree A motion to issue the modification for the fence within the 25-foot No-Disturbance was made by Ms Feltovic, seconded by Mr Napoli Unanimous A motion to issue the PCOC for lot 7 to Lot 13 only was made by Mr McDonough, seconded by Mr Napoli Unanimous A motion to set up third party review escrow in the amount of$5,000 was made by Mr McDonough, seconded by Ms Feltovic Unanimous A motion to issue a partial bond release of$21,000 only was made by Ms Feltovic, seconded by Mr Napoli Unanimous Mr. Masse returned to Meeting at 8:55 P. M. Public Hearings 8:55 P. M. Notice of Intents 242-1357,0 North Main Street,(Downer Brothers Landscaping)(New England Engineering Services, Inc.)(cont.fronn 10/11/06)(Reguest to coot. to 1/24/07) No one was present Mr Masse stated that filing had been going for too long of a time and recommended closing and issuing a decision within 21 days The Commission would be willing to waive the local fee if re- filed, but could not waive the state fee A motion close and issue a decision within 21 days was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1374,60 Willow Street(Rohm & Haas Electric Materials, LLC)(Merrimack Engineering Services, Inc.)(cont.from 10/25/06) John Murphy of Merrimack Engineering Services, Inc was present Ms McKay stated that at the last meeting, the Commission had several questions and concerns These items were addressed in a letter from Merrimack i 3 = i i Engineering datled 11/06 A revised O&M plan was submitted dated 10/31/06 Mr Murphy stated that the catch basins would be cleaned quarterly A motion to close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous ANRAD 242- ,575 &,549 Ospaood Street(Edgewood Retirement Community, lnc.)(Wetlands Preservation, Inc.) Jennifer Vicichlof Wetlands Preservation, Inc was present Mr McDonough read the legal notice Ms McKay stated that the filing was for the confirmation of a wetland resource area on lots 3 & 17 only at the Edgewood Retirement Community parcel where the existing facility is located and where several existing barns and active horse farm is located Wetlands Preservation, Inc delineated the resources areas in August of 2006 The resource areas on the subject properties consist of BVW, Bank associated with internnttent stream channels, and a local jurisdictional IVW identified upon field review Ms McKay stated that two areas of BVW were delineated and shown as the B and C series on the plan The BVW is associated with the onsite stormwater management systems and a portion is a vegetated swale that leads to a larger basin and off property resource area The B & C series are junsdictional in accordance with the WPA and the local Bylaw The other BVW is located on the horse farm in a field adjacent to one of the barns and is delineated by the X and Y series on the plan This wetland receives runoff from upland areas adjacent to the property associated with Osgood Hill The area of bank consist of vegetated swales adjacent to the roadway and were delineated as wetland series D, E,F, G,H, I, & J series as shown on the plan Ms McKay indicated that there was no Estimated Habitats of rare Wildlife on the subject parcels,but that the new Natural Heritage map did show the p operties within priority habitat of rare species, which may extend onto the horse farm parcel Additionally, no areas of 100-year flood elevation were located on the subject properties The property is not located within the Watershed Protection District and not within 200 feet of any perennial streams The wetland resource areas were reviewed on 11/13/06 with Jennifer Vicich of Wetlands Preservation, Inc A few changes were made in addition to identifying the IVW not previously identified The IVW was delineated as series Z in the field Ms McKay indicated that she was comfortable with the delineations as shown on the plan She also indicated that there are several known and perhaps unknown jurisdictional resource areas located off the subject's properties,which were not identified under this filing particularly on either side of the adjacent properties directly abutting the entrance road off Osgood Street She indicated that there nught also be other jurisdictional wetland resource areas on additional adjacent properties or within the portion the Edgewood Retirement Community, Inc that have not been shown on the plan The applicant's representative had been made aware of this and had indicated that the applicant was seeking confirmation of the jurisdictional areas as shown on the subject' s properties only The applicant is aware that should additional resources and/or associated buffer zones affect future development plans, that these areas would need to be identified as part of the Notice of Intent/RDA filing, which should be clearly stated in the ORAD decision Ms McKay also recommended that the buffer associated with certain areas be omitted from the plan in order to avoid any potential conflict in any overlapping buffer zone areas from resource areas not shown No DEP#has been issued to date A motion to continue to the December 13, 2006 meeting for revised plans was made by Ms Feltovic, seconded by Mr Napoli Unanimous Special Meeting Mr Masse stated the Commission would have a special meeting on November 29, 2006 at Town Hall Meeting Room at 7 00 P M Mr Masse poled the members who would be able to make this meeting A motion to adjourn the meeting at 9 30 P M was made by Mr McDonough, seconded s Feltovic Unanimous i 4