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HomeMy WebLinkAbout2008-12-17 Conservation Commission Minutes Conservation Commission Meeting Minutes December 17, 2008 Members Present: John J. Mabon, Chairman, Sean F. McDonough, Vice Chairman, Deborah A. Feltovic, Louis A. Napoli. Members Absent: Albert P. Manzi, Jr., Scott L. Masse, Joseph W. Lynch, Jr. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Donna M. Wedge, Conservation Secretary. Meeting came to Order at: 7:10 P. M. Quorum Present. General Business 242-158, PCOC Request, 35 Blueridge Road (Lot 23-B)(Bush)(Morris, Rossi & Hayes)(cont. from 12/3/08)(Request to cont. to 1/21/09) No one were present. Ms. Hughes states this lot has a steep slope I have not had time to check if this is 100-feet away from the resource area. A motion to continue to January 21, 2009 meeting was made by Mr. McDonough, seconded by Ms. Feltovic. Unanimous. NACC#43, Modification Request, 22 Thistle Road (Carr)(New England Engineering Services, Inc.)(cont. from 12/3/08) The applicant Mr. Brian Carr were present. Ms. Hughes states the modification request is for moving the pool over 4-feet because covenants for the Abbott Village Subdivision. The modification would move the pool closer to the vernal pool, but the patio would be smaller in size this is actually is less impervious area of disturbance on the property. A motion to issue the modification was made by Mr. McDonough, seconded by Ms. Feltovic. Unanimous. 242-898, PCOC Request, 400 Willow Street (Lot 4 & 5)(Dutton & Garfield) Stephen Foster of Dutton & Garfield, Inc. and Christopher Tymula of MHF Design Consultants, Inc. were present. Ms. Hughes states the applicant would like a letter stating that all the work for dention basin has been completed other than the vegetation growing by next spring of summer of 2009. The wetland markers are installed and No-Snow & No-Salt Stockpiling signs have been installed in the proper area. Mr. Foster withdraws the PCOC request. The applicant is requesting a partial bond release. Mr. Foster states the only change on site there was guardrail installed by the driveway instead of a fence because of the steep slope in the area that trucks could fall within the dention basin. This requirement was never required within the Order of Conditions that the Conservation Commission issued the applicant on 12/19/1997, revised 3/7/2000 as the new record plan. A motion to issue a partial bond release the amount of $2,500 was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 1 NACC#27, COC Request, 80 Holly Ridge Road (Marroni)(Hayes Engineering, Inc.)(cont. from 12/3/08)(Request to cont. to 1/7/09) No one were present. Ms. Hughes states the applicant request a continuance to January 7, 2009 meeting. A motion to continue to January 7, 2009 meeting was made by Mr. McDonough, seconded by Ms. Feltovic. Unanimous. 242-1186, COC Request, Chestnut & Rea Street (Peachtree Development, LLC)(Marchionda & Associates, L. P.)(cont. from 12/3/08) The applicant Brian Darcy of Northpoint Realty Development were present. Ms. Hughes states the vegetation monitoring reports of the pocket wetland for 2007 and 2008 are not in the file and the applicant was notified. A final monitoring report of the pocket wetland should be done in the spring. The vegetation area has been completed and has been taken back to natural state looks very good out in this area. Ms. Hughes states the houses have been built to code but decks were installed in different areas things like that but there was modification done to correct this problem. A motion to issue a partial bond release of $11,850 only was made by Mr. McDonough, seconded by Ms. Feltovic. Unanimous. 242-1169, PCOC Request, 2357 Turnpike Street (Valley Realty Development)(Merrimack Engineering Services, Inc.) The applicant Anthony Mesiti of Mesiti Development Corporation and James Buchannan of Mesiti Development Corporation and Stephen E. Stapinski of Merrimack Engineering Services, Inc. and Brian Darcy of Valley Realty Development were present. Ms. Hughes states the Conservation Restriction connecting this land to Harold Parker State Forest has not been done on the property. Mr. Mesiti states the utilities, foundations stormwater structures area installed and working. The Conservation Commission would not issue and Enforcement Order to allow continuing to working on the site. Mr. Mabon states let me understand the completed work includes utilities; stormwater management plan is in place, buildings between building 23 & 25 is within the location of the wetland resource area of Harold Packer State Forest. Mr. Stapinski states the water has lever spreader has a flared end 12-feet foot flared end submerged under water the site had to be cleaned up and with all kind of hazard waste on the property from the original owner this took a while to remove the waste of site to make the land clean. The applicant is requesting a PCOC for the phase one which has been completed the other phases 1 completed there is less proposed as of foundation are there all ready in the ground just need to framing and install decks utilities are under ground sewer all ready installed. Ms. Hughes states the Conservation Commission is holding $70,000 bond the applicant is not requesting the bond release. Mr. Napoli states the change in the grade of the pond on the plans that we would look for the grades to be the same as the record plan. Ms. Hughes states the Conservation Commission never had record plan for this project but the plan you are looking at now. The buildings between 16 thru 28 excluding building 21 driveways, parking lots, excludes all stormwater management plan excludes restoration areas, Conservation Restriction not done. A motion to issue PCOC for 242-1169 only was made by Ms. Feltovic, seconded by Mr. McDonough. 2 to 2 vote PCOC failed would not be issued. 2 Enforcement Order (s) 242-1232, Restoration Plan, 1003 Osgood Street(Osgood Properties, LLC-John Grasso)(MHF Designs Consultants, Inc.)(cont. from 12/3/08) Mark C. West of West Environmental, Inc. and Christopher Tymula of MHF Design Consultants, Inc. were present. Mr. West states restoration plan would not be able to be done now because of the extreme amount of snow we received today and over the weekend there would be fill removal and removal of the drainage pipe that was installed with out a permit to do the work. I think the enforcement order can be done by June 30, 2009 the applicant would be filing a Notice of Intent for the property to do some work on the property in the future. A motion to issue a new Enforcement Order was made by Mr. McDonough, seconded by Ms. Feltovic. Unanimous. 242-1446, Drainage Restoration 60 Willow Street (Rohm & Haas) The applicant Philip J. Miller. Jr., of Rohm & Haas and David Biancavilla of BSC Group, Inc. were present. Ms. Hughes states the Enforcement Order is an mechanic way for them to do work on the property because the Conservation Commission wanted them clean up the drainage problem on the site. The proposed restoration plan proposes cleaning of the catch basins, dewatering and cleaning of the detention ponds, and cleaning of the drainage swale. Prior to the completion of on the site, Rohm & Haas shall submit a detailed operation and maintenance plan that at a minimum shall address parking lot sweeping, catch basin cleaning, and detention pond and swale maintenance in accordance with the best management practices outlined in the Massachusetts Stormwater Handwork (February 2008). Proof of maintenance of the stormwater management system shall be submitted to the NACC annually. All work shall be completed by June 30, 2009. A motion to ratify the Enforcement Order was made by Mr. McDonough, seconded by Ms. Feltovic. Unanimous. No Recess Public Hearings: 9:10 P. M. 242-1446, 575 Winter Street (Lind)(Hancock Associates)(cont. from 12/3/08) The applicant Donna Lind and Thomas J. Keough, Jr., of Hancock Associates were present. Ms. Hughes states the addition would be 20-feet x 21-feet with a full foundation my sense this site is in Flood Plain Area they should reconsider sono tubes less compensatory flood storage volume also there is a lot Beaver Activity in this area because Mosquito Brook. The wavier request has been submitted as required there should be a planting plan and wetland markers because the edge of the lawn is up to the wetland resource line. Mr. Keough states the leanto would be removed and the shed would be removed there would dry well installed for roof run of the addition. Mr. Mabon states this is totally within the No-Build zone but the waiver request makes sense since there is know other area on the site this addition could be installed. Mrs. Lind states this is for my father because is very sick so he can live with his family I know this very close to the resource areas but can the Conservation Commission accept the wavier request. The existing house was built in 1983. A motion to continue to January 7, 2009 meeting for revised plans was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 3 242-1445, 674 Turnpike Street (Londi)(Mistry Associates, Inc.)(cont. from 11/19/08)(Request to cont. to 1/7/09) No one were present. Ms. Hughes states the applicant is requesting a continuance to January 7, 2009 meeting. A motion to continue to January 7, 2009 meeting was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 242-1447, 2357 Turnpike Street (Valley Realty Development, LLC)(Merrimack Engineering Services, Inc.) The applicant Anthony Mesiti of Mesiti Development Corporation, and James Buchannan of Mesiti Development Corporation, and Brian Darcy of Valley Realty Development, LLC, and Stephen E. Stapinski of Merrimack Engineering Services, Inc. Mr. McDonough read the legal notice. Ms. Hughes states the old Order of conditions has expired 242-1169, and 2 extensions were issued this is also a 40B project, because of the bad housing market now they have not built the second and third phase of the project. The Conservation Commission is holding a bond amount of $70,000 for this project no money asked to be released at this time. The erosion controls would have to be installed again there are certified vernal pools on this site also. A landscaping plan would have to be submitted also. Mr. Mesiti states there already a landscape plan done by Christopher Huntress of Huntress Associates was submitted when the project was first designed. The Conservation Commission discussed there three weeks before the next meeting because of the 21 days to make a decision so we would continue the hearing to January 7, 2009 meeting and the Order of Conditions would be ready to sign that night. A motion to continue to January 7, 2009 meeting was made by Mr. McDonough, seconded by Mr. Napoli. Unanimous. A motion to adjourn the meeting at: 10:10 P. M. was made by Mr. McDonough, seconded by Ms. Feltovic. Unanimous. 4