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HomeMy WebLinkAbout2007-07-25 Conservation Commission Minutes Conservation Commission Meeting Minutes July 25, 2007 Members Present: Scott L Masse, Chairman, Albert P Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr , John J Mabon, Deborah A Feltovic, Louis A Napoli Members Absent: 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: 7:10 P. M. Quorum Present. Pledge of Allegiance General Business 242-1356, COC Request, 123 Marian Drive (Cavanaugh)(Merrimack Engineering Services, Inc. The applicant Mr &Mrs Cavanaugh was present Ms Merrill stated the Order of Conditions was issued in July of 2006 for the installation of septic system within the Buffer Zone to a Bordering Vegetated Wetland The septic system was built in conformance to the approved plan and Order The homeowners had to add to install an 8" high timber and stone well near the foundation to collect rooftop runoff This was also placed because the grades associated with the leach field would be higher that the foundation almost of covering the sill This has no adverse effects to the resource area All disturbed areas are stable against any erosion A motion to issue the COC and release the bond was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1372, COC Request, 1475 Turnpike Street(Rucker)(Merrimack Engineering Services, Inc. No one was present Ms Merrill stated the Order of Conditions was issued in November of 2006 for the installation of a septic system within the Buffer Zone to a Bordering Vegetated Wetland The septic system was built in conformance to the approved plan and the Order All disturbed areas are stable against erosion A tree was removed because of its location to the leach field Damage to the tree roots was evrtable, so the tree was removed This tree was located outside of the 25-foot No-Disturbance zone A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1264, Modification & Extension Request, Town Common Proiect(DPW)(SEA Consultants, Inc.) Eugene Willis of Department of Public Works, Town Engineer was present Ms Merrill stated the Order of Conditions was issued in October 13, 2004 for the reconstruction and improvements to existing roadways and drainage, as well as installing a roundabout, sidewalks, curbing, traffic signals and signage and final landscaping The work is being conducted within the Buffer Zone to a Bordering Vegetated Wetlands and Isolated Vegetated Wetlands The town is requesting a I- year extension, as the Order will expire on October 13, 2007 Roadwork on Andover Street, 1 Mass Ave, Osgood Street, and portions of Johnson Street and Milk Street has been improved with some minor work is on going The work is currently under way on Salem Street The town retained Richelle Denney as the project Environmental Monitor and reports are being submitted as required under the Order The wetland flags were refreshed flags were refreshed in the spring 2007 and remain visible in the field The wetland line also remains consistent with the original delineation A motion to issue a 1-year extension to October 13, 2008 was made by Ms Feltovic, seconded by Mr Manzi Unanimous 242-1264, Modification Request, Town Common Proiect (DPW)(SEA Consultants, Inc.) Eugene Willis of Department of Public Works, Town Engineer was present Ms Merrill stated on behalf of the applicant, the Town Engineer is requesting a modification for drainage improvement to the Town Common The improvements are being proposed to relieve drainage problems due to collapsed pipe and insufficient topography and existing infrastructure The majority of this work will be proposed outside of the Buffer Zone to several resource areas Erosion controls have already been installed in the field as part of the overall project There is no need for additional erosion control, except for catch basin protection Mr Manzi stated this is separate from the MAHighway project Mr Lynch stated for decades there have been problems in this area Department of Public Works Building has had flooding this project may cause more flooding down stream when the pipe is fixed Mr Willis please rewrite your letter you submitted to the Conservation Commission for the modification request Mr Willis stepped aside and rewrote his letter for the request for the modification The Conservation Commission had discussion about the bond amount and adds a condition to the original Order A motion to set the bond amount at $1,000 was made by Mr Lynch, seconded by Ms Feltovic Unanimous The Conservation Commission reviewed Mr Willis's revised letter for the modification and accepted by the Conservation Commission A motion to issue the modification to add a condition and separate bond was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1377, Modification Request, 95 Old Cart Way (Murtha)(Giles Surveying)(cont. from 6/27/07) The applicant Thomas Murtha and Scott Giles of Giles Surveying was present Ms McKay stated the applicant is requesting a modification to the proposed retaining wall at the project site A modified slope boulder retaining wall is being proposed instead of the typical vertical type retaining wall surrounding the proposed work construction of an in-ground pool, Jacuzzi, cabana, storage shed, fence and associated landscaping features The applicant submitted 2-page letter explaining the need for the requested modification The applicant explains that cost of the original wall as designed would be exorbitantly expensive it would be cost prohibitive to build such a wall, let alone the pool and patio In addition, the applicant states that several pool contractors had indicated that the plan as drawn simply would not work with the existing land elevations I have no issues with the modification as requested Mr Lynch stated the wall needs to be structural enough to hold back the pool and patio within this area elevation is 206 to 212 the wall needs to be proved if structural to hold back any silt runoff from the resource areas There is steep slope here and we need to see structural proof on the plan the this boulder wall would hold structural Mr Manzi stated the Conservation Commission needs more information on the plan for the wall structural issues A motion to continue to August 8, 2007 meeting for revised plans was made by Mr Manzi, seconded by Ms Feltovic Unanimous 2 Conservation restriction-Cullen and Kettenbach properties A motion to accept the property as a conservation restriction was made by Ms Feltovic, seconded by Mr Mabon Unanimous No recess Public Hearings: 8:25 P. M. Requested for Determination of Applicability 35 Cranberry Lane (Butros II Realty Trust)(Marchionda & Associates, L.P.) The applicant Butros II Realty Trust and John Barrows of Marchionda& Associates, L P was present Mr Mabon read the legal notice Ms Merrill stated Marchionda& Associates submitted an RDA on behalf of the applicant of an inground pool and patio within the Buffer Zone to an Isolated Vegetated Wetland This wetland jurisdictional under the local bylaw only A portion of the Isolated Vegetated Wetland was delineated in the field by Richelle Denney, and was reviewed and approved by this department The majority of the Isolated Vegetated Wetland is located on 2 other properties on Cranberry Lane The pool is being proposed in existing mowed lawn and will be placed 74' and the patio 70' from the wetland at the closest point The pool infiltration system is located 100-feet from the Isolated Vegetated Wetland Minor grading is being proposed due to the existing topography Erosions controls will be placed just greater the 50-feet from wetland The notes on the plan identify construction access, soil stockpiling, backwash requirements and stabilization methods Not located in estimated habitat Pre and post conditions, erosion control condition A motion to issue a negative determination was made by Mr Manzi, seconded by Ms Feltovic Unanimous Notice of Intent (s) 242-1394, 89 Milk Street(Highview, LLC)(Merrimack Engineering Services, Inc.)(cont. from 6/27/07) The applicant Robert Ahern of Highview, LLC, Michael Seekamp of Seekamp Environmental Consulting, Thomas Hughes of Hughes Environmental, Abutters Mr & Mrs Martin of 50 Chestnut Street, Mr Francis Smith of 60 Chestnut Street, and Mr Peter Tomasz of 69 Milk Street was present Ms McKay stated escrow account was posted for third party review by Mark West Mark West conducted a thorough review of wetland flags Al through A15 on 7/6/07 Also present on site during this review was Mike Seekamp, the applicant, and myself Tom Hughes was also present, but was not allowed on the property by the developer However, he had joined in the discussion off property before and after the onsite review A memorandum was submitted by Mark West of the review One flag change was made in the field Flag A4 was adjusted 12' upslope and Flag 4A was placed halfway between the new A4 and A5 6' upslope and Flag 4A was placed halfway between the new A4 and A5 6' down slope from the new line No other changes were made to the wetland boundary As such, the areas previously questioned were reviewed and determined not to be wetland resource areas The wetland east of the on the abutting Tomasz property was also evaluated for potential impacts The wetland boundary was measured at greater than 100' from the site and therefore will not result in any impact from the project Dr Atwood did not allow anyone but myself on the property In speaking with him that 3 day, his concern was relative to additional water flows from the development onto his property One remaining concern I have pertains to roof dram infiltrator on Lot#40-1 A and whether there would be the necessary 2-foot separation to groundwater in order for this infiltration feature to function properly Soil testing required now or conditions Mr Lynch stated Conservation Commission would require test pits done before closing the hearing Mr Mabon stated required revised plans with the flag changes on the new plans Abutter Mrs Martin stated the Conservation Commission made me have peace of mind by allowing all these reviews on this site thank you for time and effete the Conservation Commission spent on this project was great A motion to continue to August 8, 2007 for revised plans meeting was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1397, 350 Holt Road (Crusader Paper Company)(New England Engineering Services, Inc.)(cont. 5/23/07) Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms McKay stated DEP- comment How does the project meet the performance standards of 10 58 (4)(d)? -Must meet Riverfront standards for redevelopment, including, but not limited to Stormwater management standards Engineering response to Lisa' s initial submitted June 20, 2007 Revised drainage calculations were also submitted to comply with stormwater management regulation as required Also submitted were revised stormwater management forms, a Stormwater Management Supplement Report, and a Maintenance Plan The Maintenance Plan does not address snow storage/stockpiling The Planning Board decision requires that snow be removed from site Additional erosion controls should be proposed in various locations in accordance with the Riverfront regulations Mr Osgood stated revisions have been done subsurface oil & gas traps trapping 80% of suspended solids Mr Lynch stated this is redevelopment they do not have to do any more work Mr Osgood stated the 1-year storm would be handled by the catch basins guidelines A motion to continue the August 8, 2007 meeting was made by Ms Feltovic, seconded Mr Mabon Unanimous 242-1401, Lot 2 Forest Street(Plasinski)(Professional Land Services)(cont. from 6/27/07)(Reguest to cont. 8/8/07) No one was present Ms McKay stated the applicant requesting to continue to August 8, 2007 meeting A motion to continue to August 8, 2007 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242- , New England Company Right-of Way Easement-(New England Power Company- NEP)(TRC)(cont. from 6/13/07) Steven P Damiano Environmental Scientist of TRC Solutions was present Ms McKay stated the work is within Estimated and Priority Habitat Natural Heritage Endangered Species Protection issued a comment letter stating that the project will occur within or adjacent to the habitats of following state-listed species Blanding Turtle, Blue-spotted Salamander, and Four- toed Salamander Natural Heritage Endangered Species Protection has determined the project as proposed will not adversely affect the actual Resource Area habitat and is exempt from Massachusetts Endangered Species Act review Natural Heritage Endangered Species Protection states however, that provided best management practices area followed for operations within the turtle and salamander habitats avoid impacts to vernal pools and areas of sphagnum hummocks, remove erosion control barriers as soon as possible to avoid creating unnecessary barriers to 4 wildlife movements, follow appropriate turtle protection procedures including searching work areas for turtles prior to heavy equipment entering the site and removing turtles from work areas and travel routes, proposed project will not result in a take of state listed species Ms McKay stated indicated the applicant should try and avoid the placement of swamp maps where avoidable I believe TRC still hold this position Mr Lynch stated the is not Vegetated Management Plan were they clear cut all vegetation with out notifying the abutters of this management plan Mr Damiano stated no this filing is for replacing electric poles within the Buffer Zone to Bordering Vegetated Wetland areas this is not Vegetated Management Plan They would use four-wheel drive vehicle very rough terrain in some areas the areas is about 2 '/2 miles to 3 miles Mr Manzi stated this is maintenance of existing structures Mr Mabon stated we need to protection of the vernal pools out there Mr Lynch stated Alison walk the whole site with Mr Damian and make recommendations to the Commission what we condition within the Order of Conditions A motion to continue to August 8, 2007 meeting was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1385,2009 Salem Street (Richards)(Merrimack En$!ineerin%! Services, Inc.)(cont. from 5/23/07)(Reguest to cont. to 8/8/07) No one was present Mr Masse stated what is going on with this filing since February nothing has happened send letter to the applicant let them know what are they doing with filing A motion to continue to August 8, 2007 meeting was made by Mr Manzi, seconded by Mr Lynch 4 to 2 vote Mr Masse and Mr Napoli denied 242-1398, 575 Osgood Street(Edgewood Retirement Community, Inc.)(Nitsch Engineering)(cont. from 6/27/07) Dennis Ingram of Linbeck, and Stacey Furlong of Linbeck, Sandra Brock of Linbeck, and Margaret K Peg Wheeler, J D of the Trustee of Reservation was present Ms McKay stated the existing gravel way within the 25-foot No-Disturbance zone and the 50-foot No-Build Zone leading to the Half Mile Hill will be upgraded to a bituminous concrete paved way Discuss future maintenance and access to Half Mile Hill A waiver requested and detailed alternatives analysis has been submitted Measurements have been shown as requested However, some points are not the closest points buildings G3 & G4 and they all denote +/-, which is concerning for those shown at 50+/- & 51+/- feet building G6 & buildings G3 & G4 Still outstanding Erosion control plans should be revised showing additional controls along access routes Would be helpful to indicate s f of disturbance in the 25-foot No-Disturbance zone and 50-foot No- Build zone vs s f of mitigation for comparison purposes Erosion controls detail backwards Physical barriers along the 25-foot No-Disturbance zone may be appropriate, but not proposed Mr Manzi stated can not issue something that might be changed and also stay outside of the 25- foot No-Disturbance zone Mr Masse stated the finding of the Zoning Board of Appeals would make or break this project do not send in any more plans submitted until the Zoning Board of Appeals make their decision A motion to continue to August 22, 2007 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 5 242-1402, 45 Hollow Tree Lane (Feeney)(Merrimack Engineering Services, Inc.) The applicant Brian Feeney and William Dufresne of Merrimack Engineering Services, Inc was present Mr Mabon read the legal notice Ms McKay stated the filing is for construction of an addition on and deck on sono tubes within the Buffer Zone to a Bordering Vegetated Wetland A waiver an alternative analysis was submitted with the application A total of 8 sono tubes footings in place associated with existing deck The erosion controls area proposed at the limit of work Sono tubes and footings will be installed by hand and no machine excavation is proposed The site is not located within Estimated of Priority habitat The wetland markers are still in place as required for the septic replacement The soil stockpiling area depicted on the plan, but is within the existing tree line The wetland boundary was reviewed and approved Mr Napoli stated the deck 12 x 11 alter 27-feet Mr Lynch stated further existing or removes exiting deck A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1403, 22 Woodlea Road (Garcia)(New England Engineering Services, Inc.) Ben Osgood, Jr , of New England Engineering Services, Inc was present Mr Mabon read the legal notice Ms McKay stated the filing is for conversion of an existing deck to a covered porch, construction of a brick patio, a stone walkway, and restoration activities within the Buffer Zone to a Bordering Vegetated Wetland The new deck will require 3 new posts footings of which will be located outside of the 50-foot No-Build zone, closest point at 51' from the wetland The brick patio is approximately 650 s f of which 521 s f is proposed within the 50' no-build zone The brick patio is also located within an existing drainage easement A detention pond is located within the vegetated portion of the easement as shown on plan Note A COC has not been issued for the Woodlea Subdivision 242-792 or PCOC for this lot been issued Both former and current Administrators and Associates have made numerous attempts of contact to the developer for compliance The record clear that the developer has not cooperated with such attempts made from the department Mr Osgood stated the applicant is willing to remove the mulch install 2-foot stonewall, remove the shed, and planting plan The Conservation Commission would issue an Enforcement Order to make the applicant bring the site into compliance A motion to continue to August 22, 2007 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242- ,655 South Bradford Street (Swartz)(New England Engineering Services,Inc.) Ben Osgood Jr , of New England Engineering Services, Inc was present Mr Mabon read the legal notice Ms McKay stated the filing is for tree clearing removal activities for the expansion of lawn area and construction of 2-foot high dry set field stone boulder wall within the Buffer Zone to a Bordering Vegetated Wetland The Bordering Vegetated Wetland is to the rear of the lot an was delineated by New England Engineering Services, Inc The existing single-family dwelling was built in 1993 and since it was constructed outside the Buffer Zone, a Conservation permit was not required A former administrator Richelle signed off on the building permit for existing shed, which is outside the 50-foot no-build zone and on concrete blocks The submitted plan scale 1" = 30' not the required 1" =20' scale Erosion controls are proposed at the limit of work Note 4 on the plan indicates that associated trees, stumps, and brush will be removed from the site and disposed of properly There is a significantly large area of grass clippings being stockpiled beyond and existing footpath within the 25-foot No-Disturbance zone Note 5 on the plan indicates that the yard waste within this area will be removed prior to start of construction 6 disturbance zone line The wetland boundary has been reviewed and approved flags A2, A3, & A4 only since the other are off property An additional wetland flag is recommended however, on the property at southern property boundary The site is not located within floodplain or within Estimated or Priority Habitat I have no issues A motion to continue to August 8, 2007 meeting for revised plans was made by Mr Mabon, seconded by Mr Manzi Unanimous 242 , 210 Holt Road (TBI, Inc.)(Brown & Caldwell) The applicant William Thomson and Phil Jagoda of Brown& Caldwell was present Mr Mabon read the legal notice Ms McKay stated the filing is for the construction of paved parking areas, stormwater management structures, and associated grading activities associated with a proposed transfer station and recycling facility within the buffer zone to a Bordering Vegetated Wetland and within a small portion of Riverfront area to Creek Brook As stated above the construction of the 30,000 s f facilities will be located outside of the buffer zone to the resource areas The ORAD was recently issued 242-1390 May of 2007 for confirmation of the wetland boundaries Only 24 s f of Riverfront falls within the project site and only 18 s f of Riverfront will be impacted by proposed project An alternative analysis was submitted as required A stormwater analysis and stormwater management system will consist of catch basins, which will treat and discharged into proposed subsurface infiltration system also located outside of the buffer zone No structures are proposed within the 50-foot no-build zone and 25-foot no-disturbance zone as to comply with local setbacks Disturbed areas will be vegetated and additional landscaping will provide around the proposed facility and within the parking areas I believe the Board of Health and DEP agreement required chain link and frequent trash policing Mr Napoli recused from voting A motion to set up escrow account for third party review of stormwater management structures in the amount of$2,000 was made by Mr Manzi, seconded by Ms Feltovic 5 to 1 vote A motion to continue the August 8, 2007 meeting was made by Mr Manzi, seconded by Mr Mabon 5 to 1 vote Decisions NACC#31, 15 Timber Lane, (Johnson & Borenstein)(The Neve-Morin Group, Inc.) Ms McKay stated the bond amount set at $3,000, boulder wall, wetland markers, erosion controls, as-built foundation plan, this filing is also within the Watershed Protection District, environmental monitor A motion to accept the Order of Conditions as drafted was made by Mr Manzi, seconded by Mr Lynch Unanimous A motion to adjourn the meeting at: 10:45 P. M. was made by Ms. Feltovic, seconded by Mr. Manzi. Unanimous. 7