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HomeMy WebLinkAboutCCMeetingMinutes_08.10.11 Conservation Commission Meeting Minutes August 10, 2011 Members Present: Louis A. Napoli, Chairman;John T. Mabon, Vice Chairman;Deborah A. Feltovic;Albert P. Manzi, Jr. MembersAbsent: Joseph W. Lynch;Douglas W. Saal;Sean F. McDonough. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Heidi M. Gaffney, Conservation Field Inspector, Donna M. Wedge, Conservation Secretary. Pledge of Allegiance Meeting came to Order at:7:04 PM Quorum Present. General Business Approval of Minutes 10/27/2010 A motion to approve the minutes of October 27, 2010 is made by Mr. Manzi, seconded by Ms. Feltovic. 242-1447, Modification Request, 2357 Turnpike Street (Valley Realty Development, LLC) (Merrimack Engineering Services, Inc.) The administratorstatesthatthe applicanthasrequesteda continuance totheAugust 24, 2011 meetingto allow Eggleston Environmental adequate time to review the spillway materials. A motionto grant the request for a continuance to the August 24, 2011 meetingismade by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Documents: Continuance request o 242-1401, COC Request, 495 Forest Street (Lot 2) (RLP Corporation) (Pennoni Associates, Inc.)(cont. from 7/27/11) This item was tableduntil Benjamin Osgood, Jr. arrived. The field inspector states there are outstanding issues to be resolved with the homeowner/engineer. The site is not in compliance at this time. The majority of the issues relate to the settlement agreement, and there is some erosion and unstabilized soils as well. Benjamin Osgood, Jr. discusses the settlement agreement, the order of conditions and where the site is with regard to the COC request. He discusses the issues thatneed to be addressed. The commission discusses the issues with Mr. Osgood and come to an agreement that the large boulders that have been placed are adequate and the fence does not need to be installed. A motion to continue the COC request to the August 24, 2011 meeting ismade by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: WPA From 8A –Request for Certificate of Compliance o Copy of Settlement agreement o Photos dated 7/27/2011 o 242-1238, 29 Anne Road (Duffy) (Merrimack Engineering Services, Inc.) The field inspector states that the patio is now out of the 50-foot No-Build zone and that the pool house has had gutters and downspouts installed which have been tied into the functional but no longer in use leach field to infiltrate the roof runoff from the pool house. The as-built plans reflect the changes and the site appears to be compliance with the modification that was granted at the last meeting. A motion toissuethe COC and release the bond is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Merrimack Engineering Service, Inc. dated 8/3/11 o WPA Form 8A-Request for Certificate of Compliance o Plan titled “As-Built Plan of Land” dated 7/29/11 o Photos dated 8/10/11 o Violations 58 Salem Street (cont. from 7/27/11) The ownersTimothy Simpson & Cheryl Pearson of 58 Salem Street, and Leah Basbanes of Basbanes Associates, Inc. arepresent. The administrator discusses the clearing that occurred adjacent to an intermittent streamand within the buffer zone to a Bordering Vegetated Wetland. The applicant proposes to restore the disturbed area and replant. Ms. Basbanes discusses the restoration plan. Mr. Simpson speaks about the previous issue from two years ago regarding the jurisdictional nature of the stream atthe outlet. The commission discussesplantings and a timeframe for the restoration. A motion to issue an Enforcement Order which shall include the approved Restoration and Planting Plan with work to be completed by October 15, 2011ismade by Mr. Manzi, seconded by seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Basbanes Wetland Consulting dated 7/7/11, o Restoration and Planting Plan, prepared by Basbanes Wetland Consulting, dated o 7/7/11. Enforcement Order 242-1478, 1503 Osgood Street (Hera Development Corporation) (Wetland Preservation, Inc.) Geoffrey C. Andrews of Wetlands Preservation, Inc. ispresent. Mr. Andrews updates the commission on the current status of the project and states that the slope has been stabilized. He states that Hera is now working with anewengineering firm to review the slope and report on the status. Mr. Mabon discusses the inappropriate fill material observed onsite. Mr. Napoli states that the slope appears to be okay for now, but that the issues outlined in the enforcement order need to be addressed right away and the applicant needs to pay the fines before being allowed to move forward. Mr. Manzi asks why the applicant is not at the meeting. The Conservation Commission discusses that the owner of this project needs to attend a meeting and thatthe$4,500fine needs to be paid by August 24, 2011. A plan needs to be submitted showinghow the slope will bestabilized andthey need to hire structural engineer to prove the slope is stabilized. The Commission discussesthattime is running out to stabilize the site before fall when heavy rains can happen October & November. Discussion ensues regarding how to certify the slope and what needs to be required of the applicant. Mr. Manzi states that a new EnforcementOrder should be issued ordering the applicant to complete the discussed items regarding who will be stabilizing the slope and how by Friday th the 19. The administrator states that the new EO can summarize everything to date. Mr. Manzi states to keep thenew EO very simple and to do a separate letter discussing everything to date and the fines. A motion to grant to issue the Enforcement Order as drafted and discussed ismade by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. A motion to direct the administratortoissue aletter to the applicant regarding the fines and the cease and desist ismade by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Drafted Enforcement Order o Public Hearings: 8:15P. M. Request for Determination of Applicability 393 Forest Street (Kollias) The applicant Carol C. Kollias ispresent. Ms. Feltovic read the legal notice. The field inspector states that this is a violation and the appropriate triple fee has been paid. The applicant has removed the old deckand proposes to replace it with a new deck that is very similar in size and is not any closer to the wetlands. There has been some leaf and debris dumped in the 25’ No-disturb zone that need to be cleaned up. A motion to issue anegativedetermination #3with wetland markers, post-construction meetingand brush and debris cleanup ismade by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Application Checklist-Request for Determination of Applicability, o WPA Form 1-Request for Determination of Applicability, o Sketched Plan dated 7/29/11 o Photos dated 8/10/11 o 125 Flagship Drive (Florida Tower Partners, LLC) (Infinigy Engineering) KeithCoppins of Infinigy Engineeringand A.J. Desantis the engineerispresent. Ms. Feltovic readsthe legal notice. The administrator states that the applicant proposes to build a cell tower adjacent to a detention pond at 125 Flagship Drive. The detention pond is adjacent to a Bordering Vegetated Wetland area and wasbuilt under DEP File# 242-420. The administrator states that the detention pond has not been maintained there are trees growing in the pond. Mr. Coppins and Mr. Desantis discuss the project and the calculations with regard to stormwater runoff. The commission discusses the need to have it reviewed by Eggleston Environmental to ensure it does not require stormwater improvements. A motion to setescrow forthird party review of stormwaterin theamount of $500ismade by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. A motion to grant the requestfor a continuance to the August 24, 2011 meetingismade by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Documents: Letter from Infinigy Engineering, o Application Checklist-Request for Determination of Applicability, o WPA Form 1-Request for Determination of Applicability, o NHESP Review Response, o Zoning Drawings and Overall Site Plan dated 3/8/11. o Verizon Town Wide RDA-Request to Withdraw The administrator states that the Notice of Intent willbeheard later during thismeeting. Joseph Gleason of Verizon requests to withdraw the RDA. A motion to accept the withdrawal of the RDAismade by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Notice of Intent (NOI) 242-1523, 273 Berry Street (Quimby) (Christiansen & Sergi, Inc.) (cont. from 7/27/11) (Request to cont. to 11/16/11) The administrator statesthatthe applicant is going tothe ZBA to request avariance from front setback to be further from the Bordering Vegetated Wetland and Vernal Pool and request a continuance to the 11/16/11 meeting. A motion to grant the request for a continuance totheNovember 16, 2011 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. 242-1504, 140 Academy Road (Patenaude) (Andover Consultants, Inc.) (cont. from 7/27/11) (Request to cont.to 8/24/11) The administrator statesthatthe Planning Board has made the larger pipe a condition of their land disturbance permit and new plan is will be ready next week to be reviewed by the August 24, 2011 meeting.The applicant requests a continuance. A motion to grant the request for a continuance totheAugust 24, 2011 meetingismade by Mr. Manzi, seconded by Mr. Mabon. Vote unanimous. 242-1525, 67 & 68 Millpond (Millpond Homeowners Association c/o Great North Property Management) (Pennoni Associates, Inc.) (cont. from 7/27/11) Benjamin C. Osgood, Jr. of Pennoni Associates, Inc. ispresent. Mr. Osgood discusses the revisions to the plan and statesthatthe pipe now discharges outside of the 25’ No-disturb zone. The administrator discusses the potential for erosion. A motion to close the public hearing and issue a decision within 21 days is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Pennoni Associates o Plan Drainage Improvement Plan dated 8/3/11 o 242-1492, 1679 Osgood Street (GMZ Realty Trust) (Jones and Beach Engineers, Inc.) (cont. from 6/22/11) Michael Kerivan of Jones and Beach Engineers, Inc. ispresent. The administrator discusses the revisions that have been made and that the deed restriction will be discussed with the planning board to have it included in the covenants for the development. Mr. Kerivan discusses the changes made and that they have worked with Eggleston Environmental to get the stormwater issues addressed. The administrator and the commission discuss the deed restriction to prohibit tree cutting to preserve the large trees that are on the site. The applicant requests a continuance. A motion to grant the request for a continuance tothe August 24, 2011 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Documents: E/Mail from Michael Kerivan of Jones and Beach Engineers, Inc., o Eggleston Environmental review for stormwater review dated 8/2/11, o Plan of Overview-Existing Conditions Plan dated 7/21/11. o 242-1526, 285 Holt Road (Wheelabrator) (Brown & Caldwell) Scott Emerson,Manager of Wheelabrator Technologies, Inc., and JR Frey of Brown and Caldwell arepresent. Ms. Feltovic reads the legal ad. Mr. Frey reviews the project and discusses the discharge into the swale and the two phases of the project. Mr. Mabonstates that there is a lot run-off from the hill and some dirty soilsmay make their way down the hill and asks the applicant how they will handle this. Mr. Manzi states third party review of the stormwater management plan is necessary for this site. A motion to setupescrowin the amount of $500 for athird party review of thestormwater is made by Mr. Manzi, seconded by Mr. Mabon. Vote unanimous. The applicant requests a continuance. A motion to grant the request for a continuance to the August 24, 2011 meetingismade by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. Documents: WPA Form 3-Notice of Intent and associated documents o Waiver Request 3.4 Buffer Zone o Site Plan dated 7/14/11 o Detail Plan dated 7/14/11, o Stormwater Checklist including: Appendix C: Existing Condition Model, Appendix D: o Proposed Condition Model, Appendix E: Smart Ditch Information. 242-1528, 1780 Osgood Street (J. Tropeano, Inc.) (LJR Engineering) Michael O’ Neil, P. E. of LJR Engineering ispresent. Ms. Feltovic readsthe legal notice. Mr. O’Neill presents the project and states that there is an off-property wetland that casts a buffer zone on to the project location. He also discusses the stream stats results and the perennial vs intermittent nature of the stream.Variances are requested. The Conservation Commission discusses that stream stats need to be submitted to verify the intermittent vs perennial nature of the stream and that aninfiltratorshould be usedto contain roof run-off. Mr. Mabon states that a waiver analysisis neededfor the 50-foot No-Build zone because the porch is only 32-feet away from resource area. Changes in the building proposal are discussed. The commission discusses compensatory flood storage. The applicant requests a continuance. Amotion to grant the request for a continuance to the August 24, 2011 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Voteunanimous. Documents: WPA Form 3 Notice of Intent and associated documents o Plantitled “Site Plan & Detail Plan”, prepared by LJR Engineering, dated May o 16, 2011 242-1527, General Permit (Verizon) (Resource Control Associates, Inc.) The applicant Joseph M. Gleason ofVerizon, and Julie V. Freshmanof Resource Control Associates, Inc. arepresent. Ms. Feltovic readsthe legal notice. The administratorreviews the project and states that no new plans have been submitted. The alternative analysis was submitted stating there are no alternatives to the existing route. Ms. Freshman discusses the notice of intent and the project. Mr. Gleason discusses the project. Mr. Manzi statesthat the goals are toavoid,minimize and mitigate. Mr. Gleason states there are 17 streets that were granted easements back in late 60’s to early 70’s easements were granted by the selectman, these are the locations that the work must be within. The commission discusses the alternatives analysis and if changing the grant-of-location is feasible. The commission discusses the abutter notification The applicant has filed with Natural Heritage and comments have not yet been received. The commission discusses stormwater regulations. The applicant requests a continuance. A motion to grant the request for a continuance totheAugust 24, 2011 meeting is made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. Documents: MA DEP WPA Form 3 and associated documents o Stormwater Report o Copy of MESA Filing o Decision 242-1525, 67 & 68 Millpond The administrator and the commission review the drafted Order of Conditions. A motion to issuethe Order of Conditions as drafted and amended is made by Mr. Manzi, seconded by Ms. Feltovic. A motion to adjourn the meeting at: 10:15 PM made by Ms. Feltovic, seconded by Mr. Manzi.