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HomeMy WebLinkAbout2002-07-10 Conservation Commission Minutes Conservation Commission Meeting July 10, 2002 Board Members Present: Scott Masse, Chairman Albert Manzi Jr. Vice Chairman Joseph Lynch Jr. Robert Mansour Absent Board Members: Deborah Feltovic John.Mahon Beth Wescott Meeting carve to order at 7:00 PM General Business DEP#242-1002 30 Sunset Rock Road Ms Parrino presented an overview of the project history. Previous violations have been addressed. Albert Manzi motioned the issuance of a CQC, seconded by Bob Mansour. Vote:Unanimous. DEP#242-784 Lot 26 Thistle Road Joseph Lynch motioned to grant the requested continuance to 7/24/2002, seconded by Albert Manzi. Vote:Unanimous. DEP#242-784 Lot 40C Thistle Road. Joe Lynch motioned to grant the requested continuance to 7/24/2002, seconded by Albert Manzi.Vote:Unanimous. DEP#242-1099 Boston Ski Hill Applicant requesting language changes of conditions 47 & 69 of the OOC. Ms Parrino has worked with applicant to revise changes. Letter to be submitted to Mesiti Development approving modification contingent upon applicant withdrawing all appeals with DEP. Motion to grant modification, contingent upon DEP appeal withdrawal,by Albert Manzi, seconded by Joe Lynch. Vote:Unanimous. DEP#242-1089 492 Sutton Road L1VMA Taxiway No representative present from airport for hearing. Applicant requested'mbdification to conduct additional cutting of trees in buffer zone along the new taxiway. Commission briefly discussed appeal of OOC for vegetation management plan. Bob Mansour motioned to continue hearing to July 24, 2002, seconded by Albert Manzi. Vote:Unanimous. DEP#242-1035 399 Summer Street No representative present for hearing request for COC. Project approval for construction and upgrade of a septic system in the buffer zone. Ms McKay presented comments on the as-built plans and recommended a COC be issued. Albert Manzi motioned to grant COC, seonded by Joseph Lynch. Vote:Unanimous. DEP#242-1063 544 Foster Street No representative present for hearing. Applicant requesting COC for construction of replacement septic system and grading. The site has been reviewed and is stabilized. Ms Parrino recommended issuance of a COC. Albert Manzi motioned to grant COC, seconded by Joe Lynch. Vote: Unanimous. DEP#242-967 777 Great Pond Road Applicant requesting a 1 year extension for OOC permitting a common driveway for 3 single family homes. Upon inspection of property, Ms. Parrino issued a letter to the applicant requesting information on construction of the wetland replication area and interim as-built plans of the roadway and replication area. Ms. Parrino included in letter that no monitoring reports have been submitted recently. Applicant has addressed several of the concerns in the letter. Ms. Parrino recommended compliance contingent upon additional plantings along slopes and submittal of as-built plans. Motion by Joseph Lynch to issue 1 year extension with conditions to be met by August of 2003, seconded by Albert Manzi. Vote: Unanimous. DEP#242-441 Lot 6 Long Pasture Road Applicant Marty Setterman requesting PCOC for Lot 6 Long Pasture subdivision. Ms. Parrino presented an overview of the site conditions. This lot contained a drainage easement and BLSR Ms. Parrino stated this PCOC should not certify compliance of the drainage design or mitigation area. Mr. Manzi questioned the identified changes displayed on the as built plan. Commission stated applicant must be aware that if mitigation areas were not constructed properly, access on to the lot would be necessary. Bond not being released under this filing. Motion by Albert Manzi to issue PCOC for Lot 6 development only, seconded by Joseph Lynch. Vote: Unanimous. DEP#242-896 Lot 1285 Summer Street No representative present for hearing. Ms. McKay presented overview of approved project and as built conditions. Ms. McKay recommended issuance of COC although some minor changes were identified on the as-built plans. The as-built plans show three discrepancies from the approved plans, which include the construction of three retaining walls. Commission requested applicant submit modification request prior to the issuance of COC. The Commission wants the applicant to resubmit a stamped certification letter from the engineer. Motion by Bob Mansour to deny the request for a COC, seconded by Al Manzi. Vote: Unanimous. DEN 242-1036 Modification 1070 Osgood Street �Neve Associates) Greg Hogmuth of Neve Associates present representing the applicant. Modification request for a change in the utility route. Change in route will require minor removal of vegetation but will conform to setback requirements. Ms. Parrino stated she administratively approved removal of a tree for a route change to a telephone pole and as a result required additional plantings along the slope. Bob Mansour requested a stamped modification plan with letterhead be submitted. Motion to grant modification contingent upon receipt of a stamped plan, seconded by Joseph Lynch. Vote: Unanimous. Public Hearing 8:00 PM Abbreviated Notice of Resource Area Delineation 242-1146 Foster Farms(Moriece & Gary) -Wetlands Preservation Inc.), Ms. Parrino stated the applicant submitted revised d plans depicting the labeling of vernal pool habitat. Revised plans accurately reflect all wetland resource areas and buffer zones. Mr. Norman of 252 Boxford Street requested a copy of the plan displaying the vernal pool habitat area. Motion by Al Manzi to close the public hearing and issue a decision within 21 days, seconded by Joe Lynch. Vote: Unanimous. Request for a Determination of Applicability 100 Andover By-Pass (Mesiti Development) (Marchionda) Paul Marchionda of Mesiti Development was present for the hearing. Application is for construction of a garage within the existing limits of disturbance of a commercial development previously approved by the Conservation Commission. The applicant received a COC for the commercial development in the fall of 2001. The proposed garage will be located 68 feet from the edge of the wetland resource area and is to be used for the parking of three vehicles. Mr. Marchionda was questioned whether the garage would be used for chemical storage. He replied it was for the storage of employee cars only. The site plan proposes infiltration around the garage and Mr. Marchionda stated there will be a gain in infiltration from the redesign of the recharge area. Ms. Parrino recommended the issuance of a negative determination with conditions. Joe Lynch questioned the location of snow stockpiling. He remembered significant discussion at the former public hearings on the location of snow stockpiling. The proposed Iocation of the garage was previously designated as a snow stockpile area and he feels the proposal is major and requires the filing of a Notice of Intent. Mr. Lynch questioned if the designated snow stockpile area was conditioned in perpetuity under the original filing for the project. Mr. Lynch stated his concerns of snow being pushed over the existing retaining wail into the wetland resource areas. He stated the area near the chiller and dumpster was designated as the snow stockpile area. Mr. Lynch questioned if snow stockpiling signs have been posted around the property. Mr. Marchionda was not sure if the signs had been posted. Mr. Lynch stated he wanted to issue a Positive Determination of Applicability. Motion by Mr. Lynch to issue a Positive Determination, seconded by Al Manzi. Vote: Mr. Mansour did not vote in favor, and Mr. Masse, being the Chairman, removed himself from voting in a tie. Motion does not carry. The applicant requested the Commission to reconsider the vote. Motion by Mr. Mansour to reconsider the vote, seconded by Mr. Lynch. Motion was followed by a discussion. Mr. Masse stated he is willing to support the administrators recommendation. Mr. Manzi questioned which conditions the Administrator recommends placing on the project. Ms. Parrino recommended the installation of erosion controls, a pre-construction meeting and submittal of an As-Built Plan. Mr. Lynch continued to express his concerns over the snow stockpiling issues. Mr. Mansour motioned to issue a Negative Determination of Applicability with the following conditions: installation of erosion controls, a pre-construction inspection and removal of all snow from the site which results in no snow stockpiling, motion seconded by Mr. Manzi. Motion followed by discussion. Commission members stated absolutely no snow stockpiling would be allowed and the Conservation Department could issue fines after each snow event if the snow was not removed from the site. Commission members questioned Mr. Marchionda if his clients would be acceptable to the condition. Mr. Marchionda stated he would have to discuss the matter with his client. Mr. Mansour requested to withdraw his motion to issue a Negative Determination of Applicability. Discussion followed regarding the continuance of the hearing. The applicant's representative agreed to allow the hearing to be continued. Motion by Mr. Manzi to continue the hearing to July 24, 2002, seconded by Mr. Mansour. Vote: Unanimous. Notices of Intent 242-1.1.38--Woodchuck Hill Substation (Mass Electric) (VHB) Dan McIntyre of New England Power Company was present for the hearing. Ms. Parrino outlined the outstanding issues and stated revised plans have been submitted. Ms. Parrino stated she did not want to make a determination at this time as to whether the second pool area was a viable vernal pool. Ms. Parrino would like to condition monitoring of the pool next year to document the species. Ms. Parrino stated she would like to condition that the undeveloped portion of the property be put into a Conservation Restriction. Mr. McIntyre requested if the condition could be broadened to allow for other Power Company properties in Town to be considered for the Restriction. Members questioned whether it would be a pre-construction condition. Mr. McIntyre stated that would delay the project. It was suggested that the Restriction be in effect prior to the issuance of a Certificate of Compliance. Motion to continue the public hearing to discuss the Conservation Restriction by Scott Masse, seconded by Mr. Manzi . Vote: Unanimous. e) (New England Engineering) 242-1149-- Cotuit Street_(John Burk Motion by Joe Lynch to continue the hearing to July 24, 2002, seconded by Al Manzi. Vote: Unanimous. 242-1 53-- 178 Granville Lane (Cinseruli) (Giles) Scott Giles present as represen tative of applicant. Ms. Parrino gave an overview of the project which includes construction of an addition to an existing single family home in the buffer zone. Ms. Parrino noted landscaping debris exists along the edge of the stream and recommends conditioning removal and plantings. Mr. Lynch questioned if the property was on septic or sewer. Mr. Giles replied the septic system was located in the front of the house. Motion by Mr. Manzi to close the public hearing and issue a decision in 21 days, seconded by Mr. Lynch. 242-1154—103 Lost Pond Lane Bielicki Neve Associates Greg Hogmuth from Neve Associates was present representing the applicant. Ms. Parrino presented an overview of the project lot which was part of the Hidden Pond Subdivision. The wetland line as presented on the plan is located further upgradient than the line approved under the subdivision filing. One area of encroachment into the No-Disturbance Zone is identified on the plan. The proposed addition and deck will comply with the No- Build Setback regulation. Ms. Parrino suggested re-vegetation of the No-Disturbance Zone in the area of encroachment. The site is subject to review by the Natural Heritage and Endangered Species Program. Review has not been submitted to date. Motion by Al Manzi to continue the public hearing to July 24, 2002, seconded by Joe Lynch. Vote: Unanimous. 242-1151 - 429 Marbleridge„Road (Barry) Mr. &Mrs. Barry present for the hearing. Ms. Parrino presented an overview of the project which consists of the construction of two additions in the buffer zone to bordering vegetated wetland. The addition to the front of the house is proposed in the 50' No-Build Zone. Mrs. Barry is requesting a waiver of the Bylaw with mitigation due to the age of the house and the limited space to construct the addition. Scott Masse and Al Manzi stated they had a problem with the addition in the No-Build Zone. Mrs. Barry questioned if she could build up on top of the garage. The Commission responded that would be allowed as long as the addition was within the same footprint of the garage. Mr. Manzi explained that waivers are not issued. After discussion of the project, the Commission requested the new sewer pipe be shown on a revised plan and the removal of asphalt in the driveway. Motion by Bob Mansour to continue the hearing until July 24, 2002, seconded by Al Manzi. Vote: Unanimous. 242-1150, Celtic Crossing (Rea) (Epsilon) The applicant requested in writing to withdraw the application without prejudice. Scott Masse and Al Manzi recused themselves from the hearing due to a potential conflict of interest and left the room. Withdrawal without prejudice was accepted, no action was necessary. 242-1152, Blue Ridge Road Pumping Station(DBT) (Haves) Ms. Parrino stated she did not have time to review the project in detail. Project includes work on existing pumping station located in Riverfront Area. The applicant questioned why the project has not been reviewed. Ms. Parrino stated she did not have the time. Motion by Al Manzi to continue to July 24, 2002, seconded by Joe Lynch. Vote: Unanimous. 242-11 ??, 193�Gray Street (Twadelle) Mr. &Mrs. Twadelle were present for the hearing. Filing for construction of an inground pool in the buffer zone to bordering vegetated wetland. Ms. Parrino gave an overview of the proposed project and past permits on the property. An RDA previously approved filling activities in the front yard and required re-vegetation of the 25' No-Disturbance Zone. Ms. Parrino noted plantings were not identified in the field. The wetland Iine as shown on the site plan makes reference to a delineation conducted in 1986. Ms. Parrino stated an accurate wetland delineation must be conducted. The homeowners stated the wetland is located off property. Scott Masse advised the applicants to attempt to contact the property owner to get permission to flag off property. If the property owner refuses, an approximate line will have to be agreed upon. In addition, all wetlands within 100 feet of the proposed activities should be shown on the plans and any other work including fences, patios, sheds should be shown on a revised plan. No DEP file has been issued at this time. Motion by Albert Manzi to continue the hearing to July 24, 2002, seconded by Bob Mansour. Vote: Unanimous. 242-11??,206 Forest Street Beach Serwatka Mr. Serwatka present representing the applicant. Ms. Parrino presented an overview of the project which included construction of additions and a septic system upgrade. Work to be located in previously disturbed areas. Minor changes to the wetland line requested by Ms. Parrino have been reflected on the revised plans. Plans display a wetland replication line from a subdivision plan. Work to actual wetland approximately 95+/- feet from the resource area identified as replication. Motion to close the public hearing and issue a decision in 21 days by Al Manzi, seconded by Bob Mansour. Decisions discussed and signed. Meeting Adjourned at 10:OOPM