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HomeMy WebLinkAbout2009-12-19 Conservation Commission Minutes Conservation Commission Meeting Minutes December 19,2007 Members Present: Albert P Manzi, Jr, Chairman, Scott L Masse, Vice Chairman, John J Mabon, Deborah A Feltovic, Sean F McDonough Members Absent: Joseph W Lynch, Jr , Louis A Napoli Staff Members Present: Alison E McKay, Conservation Administrator, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:25 P. M. Quorum Present. Pledge of Allegiance General Business 242-1367, COC Request,31 Court Street(Castricone)(Giles Surveying)(cont. from 11/28/07)(Reguest to withdraw) No one was present The Conservation Commission accepted the withdrawal without prejudice 242-1289, COC Request, 1491 Turnpike Street(Kiesel)(New England Engineering Services, Inc.) (cont. from 11/28/07) No one was present Ms McKay stated the Order of Conditions was issued January of 2005 for the replacement of a septic system within the Buffer Zone to a Bordering Vegetated Wetland The wetland makers were not placed as intended, but have been relocated appropriately The conditions in the Order relative to the to the above were written with the intent to enhance a disturbed property, where as the 25-foot No-disturbance zone has historically maintained as lawn to the edge of the wetland Albeit the house was built prior to the bylaw and the project was for replacement septic system, it was recommended by Administrator during public hearing process that the site greatly benefit from some buffer zone enhancement plantings The applicant, who is no longer the current homeowner, planted 5 blueberry plants to satisfy the condition but the planting were just installed August of 2007 Mr Osgood stated this filing was for replacement of septic system and plantings but Ms Merrill did not think this was needed because the area of concern has flushed very well because it has not been maintained as in the past also the second $200 filing fee should be waived Mr Manzi stated this is a very silent filing the Conservation Commission would require two growing seasons be monitored before the COC would issued Monitoring reports fall and spring till fall of 2009 A motion to deny the COC request was made by Mr Masse, seconded by Mr Mabon Unanimous 242-1184, COC Request, 2060 Turnpike Street (Proulx)(The Neve-Morin Group, Inc.) No one was present Ms McKay stated the Order of Conditions was issued in February of 2003 for the restoration of a Bordering Vegetated Wetland relocation of a swing set and driveway turn-around in the Buffer Zone to a Bordering Vegetated Wetland The filing was required as a result on an Enforcement Order issued in November of 2002 for unauthorized activities clearing grading and filling within the resource area A fine of$300 per day until property was properly 1 restored was attached to the Enforcement Order, which was handled by the court and recently dismissed in June of this year Mr Masse stated Town Counsel was in court 3 times trying working the problems out so the court dismissed the case The Conservation Commission discussion of the fine not paid in the past Mr Mabon stated I think the site is stabilized but fine outstanding A motion to deny the COC was made by Mr Masse, seconded by Ms Feltovic Vote 4 to 1 242-1220, COC Request, 57, 100, 157 Turnpike Street(Eaglewood Properties,Inc.)(VHB) Mr David Johnson property manager was present Ms McKay stated the Order of Conditions was issued in February of 2004 for construction of stormwater management structure large detention pond and associated grading within the buffer zone to a Bordering Vegetated Wetland The work was associated with construction of a shopping center facility know as Eaglewood Plaza Condition# 58 required the proof of a contact with Urban Retail Properties Company to conduct the site maintenance in accordance with the O & M plan This requirement has been met as a Property Management Agreement with Urban Retail Properties Company was submitted in October of 2005 The Order required 2 years monitoring of stormwater management system and submission of reports by a professional P E condition#52 These reports and full maintenance log containing quarterly reports of inspections made in 2007 have been submitted prepared by Stormwater Compliance, LLC Ms McKay stated I did a site visit today per request of Mr Lynch and everything looked fine out there no trash problem catch basin cleaned I know they could only stock pile snow in front of the parking lot this was fine Mr Manzi stated this letter from VHB is from 2006 we would require updated letter from VHB A motion to continue the January 9, 2008 meeting was made by Mr McDonough, seconded by Mr Mabon Unanimous 242-1328, COC Request, 46 Raleigh Tavern Lane (Bennett)(Kavanaugh) No one was present Ms McKay stated the stonewall to front of the house was constructed after stabilization observation were made and authorization was granted to remove the erosion controls therefore stabilization could be confirmed in this location erosion control monitoring was not required for this project A motion to issue the COC and release the bond was made by Mr Masse, seconded by Ms Feltovic Unanimous 242-1145,Partial Bond Release, Foster Street-Woodchuck Hill Substation (National Grid) The applicant Daniel McIntyre of National Grid was present The Conservation Commission discussed how Conservation Restriction has not been confirmed yet between the applicant and the Conservation Commission the Conservation Restriction would have to be in place before any money would be released from this filing The applicant stated they would accept a withdrawal without prejudice 242-1395, Partial Bond Release, 59 Appleton Street(Vellante) No one was present Ms McKay stated the Order of Conditions was issued in April of 2007 for construction of a garage, an addition and deck to an existing single-family dwelling,the construction of an above ground pool and attached deck, removal of a shed within the 25-foot No-Disturbance zone All work has been completed with the exception to the garage The applicant unable to construct the garage at this time due to financial constraints, but may be able to complete this portion of the project in the next year The applicant is requesting a partial bond release of$500 of the $1,000 bond posted I have reviewed the file and the site and have no 2 concerns related to this request A motion to issue a partial bond release in the amount $500 only was made by Mr Masse, seconded by Ms Feltovic Vote 3 to 2 242-1245, COC Request, Gray Street Water Line (Litchfield Company,Inc.)(Eastern Land Survey Associates)(Request to cont to 1/9/08) No one was present A motion to continue to January 9, 2008 was made by Ms Feltovic, seconded by Mr Masse Unanimous 242-1285, Extension Request, 125 Campion Road (Norse Environmental Services, Inc.) No one was present A motion to issue the 1-year extension was made by Mr Masse, seconded by Ms Feltovic Unanimous No Recess Public Hearing at: 8:30 P. M. Notice of Intent(s) 242-1398, 575 Osgood Street (Edgewood Retirement Community,Inc.)(Christiansen & Sergi, Inc.)(cont. from 11/28/07)(Reguest to cont. to 1/9/08) The applicant's lawyer Jason Papillion was present Ms McKay stated Lisa Eggleston review completed and submitted 12/18/07 and there are still some issues that need to be address A motion to continue to January 9, 2008 meeting was made by Mr Masse, seconded by Ms Feltovic Unanimous 242-1401,Lot 2 Forest Street (Plasinski)(Professional Land Services)(cont. from 9/26/07)(Reguest to cont. to 1/23/08) No one was present Ms McKay stated Natural Heritage review has not yet been completed finalized, therefore the applicant is requesting a continuance to the meeting of 1/23/08 A motion to continue to January 23, 2008 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1418, Lot 4 Granville Lane (Farr)(New England Engineering Services,Inc.)(cont. from 11/28/07) Ben Osgood, Jr , of New England Engineering Services, Inc , and Abutter Darrm Manke of 75 Granville Lane was present Ms McKay stated the revised plans were submitted to address comments made by the Commission, abutters, and the Board of Health The revisions are listed in Mr Osgood, Jr , letter dated December 12, 2007 The revised plans appear to address comments The revised plans were sent to Board of Health to review The Board of Health meets in January to discuss the project The decking, patio, walkway, not shown, but additional stairs were added to the rear of the home just outside of the 50-foot No-Build zone The boulder wall shown to continue along the property boundary to the west The boulder wall has an 8-foot opening near the property boundary to the west of the lot The applicant should consider extending the erosion controls along the property boundary to the west to define the limit of work and to ensure that materials are kept on site and will not extend onto abutters property The revisions result in decrease in temporary disturbances Granville Lane was accepted as a Town 3 way at Annual Town Meeting in 2006 Mr Manzi stated no net increase of water runoff pre and post construction Abutter Mr Manke of 75 Granville Lane stated I do not want any trees cut down because they are a great barrier for privacy not to see a new single-family home next to my house I was always told this lot was not a build able lot The Board of Health would require a deed restriction for only three bedroom home would be recorded at the registry of deeds A motion to close and issue a decision within 21 days was made by Mr Masse, seconded by Ms Feltovic Unanimous 242-1419, 70 Ogunquit Road-Lot 1 (Breen)(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 construction of a portion of a driveway, grading and utilities within the Buffer Zone to a Bordering Vegetated Wetland The work is associated with a proposed single-family dwelling and septic system, which is located outside of the buffer zone on as 2-acre lot All proposed activities are located just beyond outside of 200' Riverfront area to Mosquito Brook The 100-year floodplain associated Mosquito Brook is shown on the plan at elevation 114' No work is proposed within the floodplain The lot was approved as part of a definitive subdivision in the late 1990's Rocky Brook Estates-Phase 11242-862 to include 9 lots 12C, I IA, 10A, & Lots 1-6 and associated roadway Ogunqurt Road, utilities, septic system, and appurtenances The roadway, drainage, and 2 lots lot 12C & 11A have been completed The Order has expired with only a PCOC issued for lot 12C The lots 5 & 6 were approved under separate Notice of Intents in July of 2005 242-1317 & 242-1315 and Orders were issued No work has commenced to date on these lots The Orders for both lots 5 & 6 required deed restrictions, limiting future disturbances within the Riverfront area Although all proposed work on lot I is located outside of the Riverfront area, a significant portion of the lot itself falls within the Riverfront area and other jurisdictional resource areas The wetland line was reviewed flags R48, F90 through WF 100 only and approved Several minor changes to the flag locations were made in the field and are reflected on the revised plans Construction sequencing should be clearly defined DEP comment-lot appears to contain a steep slope,please provide erosion control The project occurs within the habitat of the Blanding's Turtle Mr Manzi stated this is a very busy plan plus need to add haybales and silt fence for erosion controls and check dams This Natural Heritage review needs to be clarified because you should not PHD degree to under stand Massachusetts Endangered Species Act and Natural Heritage rules and regulations needs to be worked out with the differences A motion to continue to January 9, 2008 meeting was made by Mr McDonough, seconded by Mr Masse Unanimous Decision 2421417,357 Dale Street Ms McKay stated the bond amount set at $4,000, pre-construction meeting, foundation as-built plan, wetland markers, planting plan 2 full growing total of four separate monitoring report for the restoration area, erosion controls haybales and silt fence, environmental monitor A motion to accept the Order of Conditions as amended was made by Mr Mahon, seconded by Ms Feltovic Unanimous A motion to adjourn the meeting at: 10:20 P. M. was made by Ms. Feltovic, seconded by Mr. Masse. Unanimous. 4