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HomeMy WebLinkAbout2002-11-20 Conservation Commission Minutes Conservation Commission Meeting November 20, 2002 Board Members Present: Scott Masse, Chairman Joseph Lynch, Jr. John J. Mabon Sean F. McDonough Board Members Absent: Albert Manzi, Jr., Vice Chairman Deborah Feltovic Beth Wescott Staff Members Present: Julie Parrino, Conservation Administrator Alison McKay, Conservation Associate Donna Wedge, Secretary Meeting Came to order at 7:05pm Quorum was met. General Business 7:05pm. Foxwoo_d Open Space Deed Restriction Signatures were needed for execution. The Commission signed the Open Space Deed Restriction for Foxwood. Enforcement Order Ratification 9 Village Way Ms. Parrino stated that the property owner had completed the construction of a concrete foundation and partial building in the 25-Foot No-Disturbance Zone. Ms. Parrino stated a fine of $100 per day is being levied, a full N01 and site plan will be required. Motion to ratify the enforcement order made by Joseph Lynch, seconded by Jack Mabon. Vote: Unanimous. Enforcement Order Ratification 2060 Turnpike Street Ms. Parrino stated that the new property owner had proceeded to continue work included cutting, grading, and filling activities in the wetland resource area and No-Disturbance Zone when he was notified by Conservation Department to cease from such activities. Ms. Parrino stated a $300 per day fine is being levied. Motion to ratify of the enforcement order made by John J. Mabon, seconded by Sean McDonough. Vote: Unanimous. q Joyce)„(Epsilon) DEP#242-$95 COC Request, Lot 2B & Lot 3B Rosemount Drive ( Michael Howard from Epsilon was present at the meeting. Ms. Parrino stated that the site was stabilized and as-built plans and certification letters were submitted. In-house modifications were approved by the administrator. Motion to issue COC and release the bond was made by Joseph Lynch, seconded by John J. Mabon. Vote: Unanimous. _ q psilon) #2 - 85� PCOC Request, Lot B Forest Street (Joyce)(E, Michael Howard was present at the meeting. Ms. Parrino stated that the site was stabilized and in compliance with the OOC. Ms. Parrino stated as-built plans and certification letters were submitted by the engineer. Motion to issue CDC made by John J. Mabon, seconded by Joseph Lynch. Vote: Unanimous. DEP#242-866, COC Request, Lot 2 Rea Street (Joyce)(Epsilon) Michael Howard was present at the meeting. In-house modifications were approved by the administrator. Ms. Parrino stated that replication and mitigation areas have gone through two growing seasons and are in compliance with state and local replication criteria. Ms. Parrino stated that additional flood storage was provided from the replication activities. Motion to issue the COC and to release the bond was made by John J. Mabon, seconded by Joseph Lynch. Vote: Unanimous. DEP#242-975 COC Request, Lot 7 Chestnut Street (Joyce) (Epsilon) Michael Howard was present at the meeting. Ms. Parrino stated that the site was stabilized and as-built plans from the engineer had been submitted. Motion to issue COC and to release the bond was made by John J. Mahon, seconded by Joseph Lynch.. Vote: Unanimous. DEP..#.2-42-976 COC Request, Lot 8 Chestnut Street (Joyce)(Epsilon) Michael Howard was present at the meeting. Ms. Parrino stated that the site was stabilized, all set backs had been met, and that as-built plans had been submitted. Motion to issue COC and to release the bond was made by John J. Mabon, seconded by Joseph Lynch. Vote: Unanimous. DEP#242-972 COC Request, Chestnut Street Sewer Joyce)(Epsilon) Michael Howard was present at the meeting. Ms. Parrino stated the site was stabilized as-built plans had been submitted along with the certification letter fiom the engineer. Motion to issue the COC and to release the bond was made by Jahn J. Mabon, seconded by Joseph Lynch. Vote: Unanimous. DEP#242-457 Bond Reduction, 335 Willow Street (Contact East) Greg Hochmuth and John Morin from Thomas Neve Associates were present at the meeting. Ms. Parrino stated the as-built plan had been submitted. Ms. Parrino stated the replication area has not completed two growing seasons and must be monitored until the fall of2003. Joseph Lynch stated that note number six on the record plan confirmed the requirement of two growing seasons. Sean McDonough stated that the applicant had failed to comply with this requirement. John Morin sgid that ft replication area was now the required yj,�e and is doing well. Motion to deny partial bone)release made by Joseph Lynch due to incomplete growing season monitoring, seconded by Seah McDonough.. Vote: Unanimous. NACC #12, COC, 1423 Salem Strect (Morgillo) Mrs. Morgillo was present at the meeting. Ms McKay discussed the request for the Commission. Ms. McKay said that all work has been completed and in compliance with the Order of Conditions with exception of site stabiliz4*n. She did not feel that the site was stabilized at the standard in which the order states. She indipted that erosion controls were still in place. However, she recommended that since the homeowner needed to close on the house and both the old and new homeowner had been notified of this concern, that the COC should be issued with the condition that the new homeowner keep the erosion controls in place until the site becomes stable, which would be determined by the Department. Joseph Lynch stated that the property owner had repaired the septic system, an environmental safety issue, which was good. A motion to hold the bond money, under an agreement, until the site became stable, which would be around June 1, 2003 or about 3 months after the growing season was made by Sean McDonough, seconded by Joseph Lynch, Vote: Unanimous. A second motion to issue the COC with the stipulated agreement was made by Sean McDonough, seconded by Scott Masse Vote: Unanimous. DEP#242-158 PCOC 410 Bear Hill Road Cafua No one was present at the meeting. Ms. Parrino stated that this lot was part of the Bear Hill subdivision. No wetlands are located on the site and issuance of the PCOC was an administrative removal of the property from the subdivision filing. Motion to issue the PCOC was made by Sean McDonough, seconded by Scott Masse. Vote: Unanimous. DEP#242-1085 COC 77 Bruin Hill Road Reddick The applicant was not present at the meeting. Alison McKay stated that she had inspected and the site found no issues. The site was stable. Motion to issue the COC made by Sean McDonough, seconded by Joseph Lynch. Vote: Unanimous. DEP#242-1144 Bond Reduction 445 Boston Street Connoll Mr. &Mrs. Connolly were present at the meeting. Ms. Parrino stated that the site was not stabilized yet but the erosion controls were still in place. Motion to issue a bond reduction of $1,000 made by Joseph Lynch, seconded by Sean McDonough. Vote: Unanimous. No Recess :Public Hearin__ $:OOpm 242-1162- 10 Commerce Wa Grasso Hancock Environmental No one was present at the meeting. Ms. McKay stated that the project was still under review by Lisa Eggleston. A request for a continuance was made in writing to the December 4, 2002 meeting. Motion to contI11110 to I)wember 4, 2002 made,by John J. Mabon, seconded by Joseph Lynch. Vote: Unanimous. DEP9242-1169- 2357 Turnpike Street (Valley Realty Trust "Nest Environmental Ms. Parrino stated that the project was still under review by Lisa Eggleston. Ms. Parripo 'lIso stated that she had met with Mark West to discuss additional enhancement and revegetation of altered setback areas to try and reduce impacts to the No-Disturbance and no-build zones. Motion to continue to December 4, 2002 made by Joseph Lynch, seconded by John J. Mabon. Vote: Unanimous. DEP#242-1173, 169 Gray Street (Murphy)(HaneockEnvlronmental) Mrs. Murphy was present at the meeting. Alison McK ay stated that she received a letter from Mrs. Murphy indicated that a family emergency had caused a no show at the last hearing and had asked the Commission to reconsider the previous motion, which had been to continue to six weeks. Motion to reconsider action to December 18, 2002 meeting made by Sean McDonough, seconded by John J. Mabon. Vote.Unanimous. Joseph Lynch asked if abutters had been notified. Ms. McKay said yes and said she received the green cards for proof of notification. Motion made by Scott Masse to reconsider and allow the applicant to proceed with a hearing, seconded by John J. Mabon. Vote: Unanimous. Alison McKay spoke on behalf of the Murphy's. She said there would be no grading involved and the addition would be constructed in the area of the existing deck. Joseph Lynch stated that soil stockpiling should be trucked away. Motion to require a pre-construction meeting and to denote, on site, a stockpiling area made by Joseph Lynch, seconded by Sean McDonough. Vote: Unanimous. (Seekamp Environmental) &( g C) DEP# -1174, Lot 4 Waverly Road Hi hv�ery LL,.,,, DEP#242-1175 Lot S Waveri Road Hi hview LLC)(Seekamp Environmental Abutters present at the meeting were Chis Wazczuk, Ronald Thorne and Paula Carle. Mike Seekamp fi-om Seckamp Environmental and Steve Stapinski from Merrimack Engineering were also present. Mr. Masse read the abutter letters into the record. At the last hearing abutters raised concerns over paper street rights and crossings, erosion and stormwater runoff, previous delineations and topographic surveys on the site. Revised plans were submitted proposing jute matting along the driveway sideslopes and infiltration trenches at the base of the driveways. A construction sequence was also submitted. Mr. Stapinski addressed abutter rights to the paper streets. He stated that any abutter has private rights to the paper streets and had the right to improve, use, or run utilities on them, but did not have a fee interest in them. Mr. Lynch questioned if the deeds had language pertaining to such rights and fees. Mr. Stapinski stated that Marengo Street was a private way with the fee extending to the centerline of the road. He added that the Herberts owned the fee. He also said that Lot 5 had no frontage on Marengo Street. Mr. Stapinski said that frontage requirements were being met on Waverly Road. Mr. Masse•was concerned with the fee interest that may or may not have an impact. He suggested that Mr. Wazczuk obtain a legal opinion for further information regarding these interests if he did have an interest. Mr. Wazczuk stated he would obtain a legal opinion. Mr. Masse said he would welcome the legal opinion prior to closing the hearing. Mr. Wazczuk questioned the 8% driveway grade and if the grade would be acceptable for town standards. Mr. Lynch said that the driveway was the main concern of the project, as it would have buffer zone impacts. However, he added that the new driveway proposal and stormwater considerations would satisfy conservation standards. Revised plans were evaluated and the new topography was discussed. Mr. Stapinski suggested Ms. Parrino &Mr. Wazczuk walk the site to review the new plan and any topographical issues. Ms. Parrino asked how the trenches were sized to accommodate the volume and which rain events were used in the stormwater calculations. She also asked if groundwater testing was necessary for trench design and for the drainage calculations. Mr. Stapinski discussed the matters. Ms. Parrino was satisfied with the response. Mr. Mabon suggested revising the construction schedule to include the establishment of a binder coat during driveway phase construction. Mr. Lynch suggested a departmental staff meeting with the Public Works, Planning, Building, and the Community Development Director for the layout of the issues, aside from conservation, pertaining to the project. Based upon the information provided, Mr. Masse said he felt that the application was sufficient at this stage. However, if further information were to be presented proving non-compliance he would reconsider his opinion. A motion to continue to December 4, 2002 was made by Joseph Lynch, seconded by John J. Mabon. Vote: Unanimous, Decisions DEP#242-1172 180 Marblerid a Road The bond amount of $ 2,500 and the decision were approved as drafted. Motion made by John J. Mabon, seconded by Joseph Lynch. Vote: Unanimous. DEP#242-1171, 50 Bridle Path The bond amount of $ 1,500 and the decision were approved as drafted. Motion made by Joseph Lynch, seconded by John J. Mabon. Vote; 3-1-0. Meeting Adjoamedrat-9:15pm,