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HomeMy WebLinkAbout2007-06-13 Conservation Commission Minutes Conservation Commission Meeting Minutes June 13, 2007 Member Present: Scott L Masse, Chairman, Albert P Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr , John J Mabon, Deborah A Feltovic, Sean F McDonough, Louis A Napoli Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Albert P. Manzi,Vice Chairman was acting Chairman. Meeting came to Order at: 7:15 P. M. Quorum Present. Pledge of Allegiance John J. Mahon arrived at the meeting at: 7:24 P. M. General Business 242-1322, COC Request, 246 Candlestick Road (Young)(The Neve-Morin Group, Inc.) Greg Hochmuth of The Neve-Morin Group, Inc was present Ms Merrill stated the Order of Conditions was issued on August 11, 2005 for the construction of an inground pool, patio, spa and fence within the Buffer Zone to Bordering Vegetated Wetland and vernal pool A waiver was issued to allow the pool and patio to be constructed within the 75-foot No-Disturbance zone, as the applicant proposed to give up section of their maintained lawn to create an extension vegetated barrier to the vernal pool The original planting plan called for a 6 1 planting ratio triple of what is required The as built shows that the spa and additional patio in this area was eliminated from the scope of work Therefore reducing the amount of impervious surface from 290 s f to 280 s f on as built plan The restoration was installed during the summer of 2005 and seasonal reports were submitted by Greg Hochmuth, RS, PWS, of The Neve-Morin Group, Inc This area has flourished over 2-years growing period with no die back of any of the planted material Furthermore, the herbaceous vegetation from the wetland side of restored area has encroached into the restored area, making it difficult to decipher the restored area to the existing buffer zone The as-built plan prepared by Neve-Morin Group complies with the Order and approved plan All measurements related to the pool project were consistent with the approved plan A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1364, 611 Salem Street, Modification & COC Request (Belford Construction)(New England Engineering Services, Inc.) The applicant Mark Rea of Belford Construction and Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms Merrill stated the applicant is requesting a modification to the plan for the extension of the driveway, which was placed outside of the Buffer Zone The driveway was added for safety purposed in order to access Salem Street Mr Napoli stated grading does the water flow down into the berm that was installed, also the cape cod berm on the driveway should be real cape cod berm Mr Rea stated when final coat of hot 1 top is installed next week there would cape cod berm installed on the driveway Ms McKay stated I was out last week talking with the abutter Mrs Pope and they did not mention any problems with this project at all they just wanted to trim some trees Mr Osgood stated the stormwater water treatment area is working very well no problem with run-off onto the abutter's property runoff the driveway into the berm area then runs into a catch basin on Salem Street A motion to issue the minor modification for the driveway was made by Mr Lynch, seconded by Ms Feltovic Mr Mabon absented from voting 4 to 1 vote Certificate of Compliance Ms Merrill stated the house was built in conformance to the approved plan, however the deck was constructed smaller approved 16' x 20' as-built 13' x 14' than proposed and the driveway is also slightly smaller than proposed A stonewall was placed up gradient from the 25-foot No- Disturbance zone in accordance with Condition 54 The wetland makers were also placed on cedar posts to demarcate the 25-Foot No-Disturbance zone Measurements were confirmed in the field The site is very stable against erosion The house is still owned by the builder A motion to issue the COC and release the bond was made by Mr Lynch, seconded by Ms Feltovic Mr Mabon abstained from voting 4 to 1 vote Mr. Manzi left the meeting conflict of interest. 242-1186, Peachtree Subdivision Enforcement Order Ratification and Discussion The applicant Brian Darcy of Northpoint Realty and Paul Marchionda of Marchionda Associates, Inc was present Mr Lynch, Chairman stated this is number 1 fix the problem with the flooding of the wet meadow by the installation of 6"pipes under a driveway and relieve the ponding within the wet meadow 2 Chestnut Street ponding within the sidewalk area corner of Rea Street and Chestnut Street Mr Lynch stated add an additional catch basin install on the sidewalk because the gas line runs close to the side walk this way the catch basin has access the be able to clean out sand and other debris by putting it on the sidewalk than in the street 3 Chestnut Street the form A lots approved by the Planning Board and also we had filings on this lots because the wetlands are across the street The retaining wall was installed because the Robert Nicetta Zoning Enforcement Officer required the retaining walls be installed here Mrs Hughes has been before the Planning Board and they did not want to do any thing with the project This was Ralph Joyce A lots thru the Planning Board and filed with the Conservation Commission also there has been problem out here for very long time the Builder is no longer around so this is not our problem this should be taking care by the Selectman and DPW issue the Selectman should issue some letter to Department of Public Works to have the drainage problem fixed I do not think this problem was from Peachtree Subdivision Vote to Endorse the Public Lands Preservation Act (PLPA S. 542, the Article 97 bill aka the No-Net-Loss-Bill) Mr Manzi stated the Conservation Commission needs do some studying what this is all about A motion to continue to June 27, 2007 meeting was made by Mr McDonough, seconded by Ms Feltovic Unanimous Mr. Manzi returned to meeting room at: 8:05 P. M. 2 No Recess Public Hearings at: 8:05 P. M. Scott L. Masse, Chairman arrived at the meeting at: 8:10 P. M. 242-1398, 575 Osgood Street (Edgewood Retirement Community, Inc.)(Nitsch Engineering)(cont. from 5/23/07)(Reguest to cont. to 6/27/07) No one was present Ms McKay stated the applicant request a continuance to June, 27, 2007 meeting A motion to continue to June 27, 2007 meeting was made by Ms Feltovic, seconded by Mr McDonough Unanimous 242-1397,350 Holt Road (Crusader Paper Company)(New England Engineering Services, Inc.)(cont. from 5/23/07)(Reguest to cont. to 6/27/07) No one was present Ms McKay stated the applicant has requested a continuance to 6/27/07 for additional time to respond to comments A motion to continue June 27, 2007 was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1399, Lot 3 Berry Street (Stack)(Christiansen & Sergi)(cont. from 5/23/07)(Reguest to cont. to 6/27/07) No one was present Ms McKay stated the review was conducted on Friday 6/8/07 with Pat, Leah, & myself and an additional change was made Seekamp will submit a report and plans will be revised DEP comment replication of permanent wetland alteration is required In addition, provide plans for restoring wetlands that are temporarily altered A motion to continue to June 27, 2007 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1382, 1812 & 1820-1830 Turnpike Street(GFM General Contacting Corp.)(Epsilon Associates)(cont. from 5/23/07) Julie Vondrak of Epsilon Associates, Inc and James H MacDowell of Eastern Land Surveying Associates, Inc was present Ms McKay stated Lisa Eggleston has submitted follow-up review and indicates that the revised submission addressed her concern about drainage to Berry Street by incorporating a small onsite swale and culvert under the driveway and that her remaining comments have been satisfactorily addressed in the revised drainage design details, O & M plan and calculations Her only additional comments are minor ones and include some form of outlet protection should be provided on the newly added culvert it does not need to be extensive, since it is a small pipe and flow velocities will be high unless it picks up additional runoff from Berry Street riprap outlet protection area added to plans 2 Fiberglass SNOUTS should be specified for oil and debris traps on the deep sump catch basins, since they seal to the wall of the catch basin and are most effective at trapping the floatables fiberglass snout added to catch basin detail On revised O & M plan under source control, I believe that the word Stormtech should be replaced with Stormceptor, since the Stormtech are covered under infiltration beds Revised O & M plan submitted with this change A landscaping plan was also submitted and I am satisfied At the last meeting, consideration of pulling the parking lot outside of the 50-foot No-Build zone as well as banking of parking areas Mr McDonough suggested a physical barrier, such as a chain link fence, be installed around the site Planning Board will be finalizing outstanding items and related above at their meeting of June 26"' It is my understanding from Lincoln Daley, Town 3 Planner, that plans will be revised to reflect a common entrance drive at Berry Street from abutting property This proposed revision will be located outside of the buffer zone Outstanding items can be conditioned but I would recommend a continuance to 6/27/07 for any plan revisions as a result of the planning board meeting 6/26`" for consistency for the record plan I can have a draft decision ready for June 27, 2007 meeting Mrs Vondrak stated the Planning Board did not want chain link fence for the ecstatic of the property so Post&Rail fence 6-foot high along the area of concern The landscaping plan has the lighting facing the building so the lighting would not affect the Blanding Turtles Mr Lynch stated the bank parking would allow the applicant to add more parking down the road if needed but the Conservation Commission would not allow any more parking on the property Mr MacDowell stated that is fine we would not submit information to the Conservation Commission to allow any more parking on the property A motion to continue to June 27, 2007 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous Mr. Masse left the meeting conflict of interest. 242-1392, 812 Salem Street(Carroll)(Merrimack Engineering Services, Inc.)(cont. from 5/9/07) The applicant John Carroll and owner William St Cry and John Murphy of Merrimack Engineering Services, Inc was present Mr Manzi acting Chairman Ms McKay stated distances to the Bordering Vegetated Wetland from structures are not depicted Are decks proposed?Not depicted on plan If none depicted proposed, I would recommend conditions such as to limited further expansion deed restriction on additional impact to resource area Riverfront No comment from DEP Plans has been revised to include the appropriate language as requested Some sort of physical barrier should be considered I would suggest a post and rail fence instead of a wall since it is more impact in the resource area and riverfront area just upgradient to and along the 100' inner Riverfront setback with a gap for lx annual mowing to allow area to remain open meadow habitat Plans were revised to incorporate a post and rail along the 50-foot No-Build zone setback rather 100-foot setback from the river as recommended by myself in order for dire of applicant to maintain a usable yard area I do not agree that this should be allowed under the Riverfront Regulations More stringent protection should be enforced in my opinion The Commission should discuss this in more detail as well as future protection requirements deed restriction to ensure further impact on Riverfront area prior to closing The revised plans submitted also depict the addition of 10' x 12' deck for each single-family dwelling The Commission should also discuss the treatment of snow/snow stockpiling at the end of the driveway to Lot#15-1 Snow would be plowed into inner riparian area Suggest mitigation for treatment at the end of the driveway The plans have been revised to include a snow storage area on the Salem Street side of the driveway of lot 15-1 However, I am of opinion that the snow will still be plowed off driveway into resource area Mr Manzi stated there should restoration area within this site and there should be wall of china installed here for protection of the resource areas Mr Lynch stated there should be only allowed snow blowing only no snow stockpiling on site at all and build the wall of china to protect the resource areas and Riverfront but leave open area for the mowing of the wet meadow once a year this condition would for perpetuity on the property A motion to close and issue a decision within 21 days was made by Mr Mabon, seconded by Ms Feltovic Unanimous 4 Mr. Masse returned the meeting. 242- New England Power Company Right-of-Way Easement-(New England Power Company)(TRC) Steve Damiano of TRC Environmental Corporation was present Mr McDonough read the legal notice Ms McKay stated the abutters were not properly notified wrong date and initial review of plans/filing revealed details and other requirements lacking of insufficient The application is not ready to discuss Recommend continuance to re-notify abutters and to work with applicant on a more acceptable application filing DEP file number not issued yet A motion to continue to June 27, 2007 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1400, Harold Parker Road and Middleton Road (Department of Conservation & Recreation)(Vine Associates,Inc.) Peter Williams of Vine Associates, Inc was present Mr McDonough read the legal notice Ms McKay stated the filing is for replacement and repair of two failed roadway culverts and roadway pavement within the buffer zone to a Bordering Vegetated Wetland on Harold Parker Road within Harold Parker State Park The purpose of the project is to restore the drainage capacity of the culverts, facilitate maintenance, and improve vehicular safety to restore structures to their design capacity and condition The area is within Estimated and Priority Habitat for State Protected Rare Species The filing has been submitted to NHESP A motion to continue to June 27, 2007 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous NACC#31, 15 Timber Lane (Johnson & Borenstein)(The Neve-Morin, Group, Inc.) Greg Hochmuth of The Neve-Morin Group, Inc was present Mr McDonough read the legal notice Ms McKay stated the filing is for the demolition of an existing single-family dwelling, shed, and patio for the construction of a new single-family dwelling, deck, inground pool, concrete patio and associated grading within the buffer zone to an Isolated Vegetated Wetland An ANRAD was filed this past December for the confirmation of the wetland resource area boundaries and an ORAD was issued on 2/2/07 The ORAD noted that the wetland resource area flags shown on subject property and those associated buffer zones only accurate WF1 through WF 4 & WF 12 though WF 17, since off property wetland flags were not verified from abutting property The site is located within the Watershed and is subject Watershed Special Permit, therefore stormwater management is proposed and will be mitigated through the use of a rooftop infiltration system to accommodate runoff volumes from 2-year storm with an overflow outlet to mitigate runoff for larger storms The general drainage patterns of the site will remain essentially unaltered, the majority of the runoff will flow to existing wetlands, as it does under existing conditions The existing doghouse will be relocated in the same general area but pushed further back approximately 14-feet closer to the 50-foot No-Build zone Measurements from the doghouse closer to the 50-foot no-build zone The existing satellite dish within the 50-foot no- build zone Existing maintained lawn with 25-foot No-Disturbance zone Additional vegetated clearing necessary in the 100-foot zone for the proposed work Since site is within the watershed as well enhancement plantings within 25-foot no-disturbance zone should be considered Conditions of approval should include perpetual condition of no pool waters and backwash to be discharged towards the wetland resource area, filter system, dewatering buffer zone restoration methodology for removal of existing fence within the 25-foot no-disturbance zone with construction access Mr Mabon stated there really needs the restoration and mitigation of 25- 5 foot No-Disturbance Mr Lynch stated the grades are 184' to 186' A motion to continue to June 27, 2007 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1391, 1077 Osgood Street(Angus Realty Corporation)(Lynnfield Engineering, Inc.)(cont. from 5/9/07) The applicant Thomas Yameen and Richard Barthelmes, P E of Lynnfield Engineering, Inc and Abutter Mr Frank Ragonese of 1939 Great Pond Road was present Ms McKay stated Lisa Eggleston submitted follow-up review dated June 5, 2007 and states that revised submittal satisfactorily addresses her outstanding comments and incorporates a somewhat more aggressive O & M plan for the entire site She does reiterate her concern express previously about the adequacy of the existing drainage structures to treat runoff from heavily used commercial site and to suggest that when the existing parking lot is next repaved, consideration be given to upgrading the structures at that time She also states that although the plan incorporates a note that snow plowed from the new parking area will be removed from site, the Commission may want to further evaluate the snow stockpile location for the existing parking lot since it is violation of the Wetland Protection Act and the Bylaw In this regard, it should be noted that plans previously indicated a snow stockpiling location just upgradient to wetland flags WF-13 and WF-4 and WF-5 on the erosion and Sedimentation Plan Revised plans have omitted this location accordingly The revised O & M plan states that snow from proposed parking lot area is to be taken off along Great Pond Road A condition in the Order should require a revised O & M Plan to indicate that snow from proposed and existing paved areas should be removed from site to ensure that future violations in regards to snow stockpiling will not occur Lisa Eggleston states that as a commercial project with net increase in impervious area, the project is in fact subject to the state and local Stormwater Management Standards and the recharge requirement cannot be met due to the project's being within an area that prohibits the infiltration of runoff from paved areas I have not further issues Mr Ragonese stated they are adding concrete ramp to back of the building Mr Barthelmes stated just replacing what if there the ramp size would be 8-feet by 10-feet Mr Ragonese stated how about the snow stocking piling they had bull dozers pushing snow the back of the building last winter will this stop Mr Manzi stated the Conservation Commission can condition within the Order of Conditions that snow be removed off site as soon as possible so there would be know stockpiling of snow on the site for perpetuity of the site Mr Barthelmes stated we would not cutting down trees we would adding trees along Great Pond Road A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1394, 89 Milk Street (Highview,LLC)(Merrimack Engineering Services, Inc.)(cont. from 5/9/07) The applicant Robert Ahern of Highview, LLC and John Murphy of Merrimack Engineering Services, Inc , and abutters Mr & Mrs Martin of 50 Chestnut Street, and Francis Smith of 60 Chestnut Street, and Thomas Hughes of Hughes Environmental was present Ms McKay stated at the last meeting 5/9/07, abutters raised concern of the wetland delineation and requested that the meeting be continued so that they could look into hiring a wetlands consultant to represent them In speaking with abutter Mr Galaher shortly after the meeting he had indicated that would not be hiring wetlands consultant, but indicated that others may wish to Thomas Hughes of Hughes Environmental also the agent of Amesbury called me something following meeting of the 23`d to indicate that he had been hired by some abutters Seekamp Environmental Consulting 6 submitted an additional letter dated May 31S` stating that it is their belief that the wetland at the property as depicted on the plan has been accurately delineated and holds that the ORAD should hold since it is valid and shall therefore be effective in accordance to the regulations Seekamp' s letter also noted that the property owner did not wish the have any members of the public at large on the property, only those who would have right to Commission and or agent In speaking with Michael Seekamp, he held that he did not feel it necessary the he re-view the delineation I however, did re-view entire delineation thoroughly and observed the following the entire site would appear to be marginal in areas if not experienced wetland professional The area between wetland flag A8 and existing wood shed was reviewed for a possible wetland area as suggested by the Commission in response to abutter concern and photos of skunk cabbage I spent quite a long time in search of any skunk cabbage in this area and could not find any A data plot/analysis was conducted approximately 12' upgradient to wetland flag A8 The following vegetation was observed in the plot Beech, Black Cheery, Tartarian honeysuckle,jewelweed dominant, Sensitive Fern, and Japanese Barberry Soils were sampled and it was clear that in this location, soils were not hydric In addition, wetland hydrology was not present in this area I did find skunk cabbage plants were clearly in the resource area and included in the delineation The area between and upgradient to wetland flag A8 &A9 approximately 25' downgradient to an existing erosion control looked more questionable The wetland vegetation was a bit more prominent as well as well as the topographic features The soils were slightly marginal in this area, but considered wet as prominent redoximorphic features high chroma mottles present in low chroma matrix High groundwater table appears to be present within the site and groundwater flows close to surface to influence the finding above I found several new pink flags located in clear upland areas between wetland flags A9 & AI I These flags do not to be hung by experienced wetlands professional for several reasons one flag was even found hung on a thick poison ivy branch The vegetation and soils were not hydric downgradient from these mysteriously located flags Therefore, I had no issues with wetland flags A10, Al 1, and Al2 However, I am confident that there is a Bordering Vegetated Wetland associated with the intermittent stream beyond flag Al2 to the rear of the lot, which was missed during the ANRAD process This Bordering Vegetated Wetland appears to be a result of the high groundwater table and appears to extend drain to the Atwood property where it may continue as a wet meadow area Possible wet meadow areas on Atwood property to the north and east of lot#40-1A, which would mean additional buffer zones on property near the third single-family dwelling would need permission from property owner to review the off property to make a accurate determination A motion to continue to June 27, 2007 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous Louis Napoli left the meeting at: 10:15 P. M. Mr. Manzi left the meeting at: 10:25 P.M. 242- , Lot 2 Forest Street (Plasinski) (Professional Land Services) The Applicant Mr & Mrs Paul Plasinski and William Holt of Professional Land Services and Abutter Ralph Devito of 26 Long Pasture Road were present Mr McDonough read the legal notice Ms McKay stated the filing is for the construction of single-family dwelling, driveway, utilities, water quality treatment swale, detention basin, retaining wall, and associated grading within the Buffer Zone to a Bordering Vegetated Wetland Previously filed under 242-1112 Project denied driveway located within the 25-foot No-Disturbance zone and alternative analysis 7 presented still denied and appealed by applicant SOOC issued by DEP in 2002 SOOC has since expired The final settlement agreement executed between the applicant and the Commission this past spring The on property wetlands resource areas were re-established in the field A note on the revised plan indicates that there have been no changes to the drainage design and the revisions pertain to abutting owners, limit of grading for proposed septic system, and the addition of a post and rail fence and scrub plantings as barriers to deter possible future encroachments into the buffer zone as discussed and agreed during settlement negotiations The applicant also proposes to install a 25-foot high block masonry retaining wall between the driveway and the wetland resource area as previously negotiated The applicant needs to file with NHESP The map change in 2006 indicates the property is within the NHESP area The abutter Ralph Devito stated 10-feet of run-off the elevation of the pond over back of culvert 6 inches of water into my garage over flow run-off for 2 years have to pump water I don't know if this filing for building of a single-family dwelling on this lot would make the flooding on my lot alot worse A motion to continue to June 27, 2007 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous A motion to adjourn the meeting at: 11:15 P. M. was made by Ms. Feltovic, seconded by Mr. Mabon. Unanimous. 8