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Home My WebLink Aboutmin of conservation com 04/11/2005 r- iCE Conservation Commission Meeting April 11, 2005 05 ~lfH '7 PM 2: 44 Present: Paul Boyden, Chair; Carole Matthew; Chris W~ii~~rUack::S[tlith; Colin Cauldwell; Marc Marcussen; Michele Grenier, Conserv!ittOfl~tHiU&irill$ental Planner. 11. ..........._ ....Ir.,.~ z. .,..... "'I__,i; '. . .. _ . _ .."...'...._".....,_...,'_.,,:.,.. '. ,.... _...~.._::..,..'- :-'C'",,:-, ,...... -,-,- The Applicant has requested a continuance to our next meeting, April2Sth. Michele had talked with Bob Mangiaratti about hiring Horsley Witten as a consultant for the ESS project. He advised the Commission not to hire them. Michele has also been in contact with Elizabeth and Paul and she will contact Mason & Associates. r- Jerry made a motion, that based on recently received information, we vote not to go forward with Horsley Witten on the ESS project. Christine seconded. Passed (7-0). l,...i,c...iM..j..~~..;.,.~I.....JI_i_...1.;;.'i..t~ The Applicant has requested a continuance to May. , 4. .......',.,........... ..~-._,F...,h_' Colin recused himself. This request is for construction of a garage on existing lawn, within 100 ft. of bvw and an intermittent stream. The applicant is Louis Andrews. The 24 x 36 garage is approximately 180 ft from Back Bay Brook. The bvw is contained to the very edge of the stream. The area between the garage and the brook is grassland with bushes and assorted trees. r- Michele performed a site walk on Monday. The garage is alreacJy staked. She would like to see a hay bale line to show the limit of work. She 'recommended a Negative Determination. The Building Inspector approved the plan. Carole made the motion to accept the plan, with the hay bale line added and issue a Negative Determination. Christine seconded. -- Passed (6-0 with 1 abstention). lil.4.;;"'(.1.i\','''1IIII.,.:MdlI'I.:~.I.Q...tljnl,i.. This is a request for a septic system and grading within 100 ft. of Bordering Vegetated Wetlands. The applicants are Lawrence and Pamela Shapiro. They were represented by Ralph Maloon filling in for Michael Trowbridge. Michele did a site walk Monday. The proposed system will be located in the front of the house next to the existing system. The bvw is located in the back and the side of the house. The new system is 67 ft. from the wetland. Siltation control is on the plans and is acceptable. Paul wants a letter from Scott Leite concerning the failed system. Colin agreed because of the effect on the groundwater. There is a stream shown on the plans but it is more than 100 ft. from the proposed work and looks to be intermittent. Because this is a replacement system and there is no negative impact, Michele recommended a Negative Determination. -- Christine made the motion to accept the plan for 18 Gander Lane, pending the letter from the Board of Health stating the septic needs no further review and is acceptable and to issue a Negative Determination. Marc seconded. Passed (7-0). 1;'..I..i_I.,;;."III.*~.,I. Paul recused himself because of a conflict of interest. The hearing was turned over to Colin, the Vice Chair. The proposed project is construction of 2-15 ft. wide driveways and a single home with associated septic, utilities and grading. The applicants are Joe and Kim Mulkern and the representatives are Leeann Bradley of Outback Engineering and John McKeown of Bay Colony. As of April 11 , DEP has not issued a file number. The 2 driveways are to access upland portion of the property. In order to access the upland, there are some wetlands that need to be crossed. There are 2 separate house lots on the property. On Lot 1, there isn't a house -- proposed but probably will be in the future. On Lot 2 a single-family house is proposed. They have kept the 25 ft. "no build" r- Most of the house and grading is within the buffer zone. The garage and septic are outside of the buffer zone. The applicant will come back to the Commission if needed for an amended Order of Conditions. They have shown a replication area. A replication report is attached to the Notice of Intent. On a site visit, Leeann looked at the area to be replicated and feels it will be successful. The smaller wetland cuts across the northern corner of the site and has been flagged. The larger wetland crossed the property and has also been flagged. Carole wanted to know what was being done to protect the wetlands from run-off from the driveways besides the culvert. Michele said that the Order of Conditions can state that no salt be used Christine thought that 1-15 ft. road should be constructed and separate driveways branch out to the house lots. John McKeown, Michele and Jack agreed that to construct one roadway instead of the 2 15' driveways would mean retaining walls, curbs, more impervious material, etc. The 2 driveways minimize the impact. -- Colin also is concerned about the salt and the runoff of chemicals from the lawn into the wetlands. Jerry wants to be sure that the 50 ft. "no touch" zone will not be compromised. Michele walked the site last Wednesday and revised plans were submitted on Friday, April 8th. Changes were made at Michele's request. 1. The proposed 30'x24' drainage pipe on Lot 1 has been replaced with a box culvert. Michele did not feel the pipe would be sufficient because of the amount of water on this lot. 2. The driveway on Lot 1 has been relocated closer to the Lot 2 property line to decrease the amount of wetland alteration. On the revised plans, 1,667 ft. of wetland will be replicated. Paul asked if the property line could be moved over-it can't be, the lot line is set. 3. Flags B8, B9, A8, A9 and A10 have been moved and are on the revised plans. The change in the connecting of the flag lessens the wetlands filled. 4. The culvert on Lot 2 has been relocated. There is less water on this lot. 5. Michele requested that the house dimensions be shown on the revised plans so when we get the "as built", we know the house hasn't been made larger or smaller. .--- r Michele looked at the replication area and feels it is a good place. A lot of trees will not need to be taken down, the area is flat and it is right next to the bvw. Soil tests were taken and the water table is high there. Michele recommended that a wetland scientist be on site during the excavation and planting and that a replication report be given every 2 months during the growing season for 2 years. The excavation dirt should be used for the replication. The agent should be notified two days prior to the alteration and replication of the wetland. The replication should be done before the construction of the house. John McKeown wanted to know, as a compromise, if the Commission would be more comfortable if the building structure was moved, bringing the 39 ft. setback to 29 ft. and the siltation fencing was brought in closer. They would also do a living fence-hemlock, evergreen-on the down gradient side of the house. Michele suggested that the next time, in a situation like this, 2 Notices of Intent be filed. Jerry made the motion to approve the plan with the modifications-Michele's r conditions and moving the house 29 ft. from the side, pulling the silt fencing out of the wetland to the extent possible, putting a living fence at the 50 ft. "no touch" zone. Jack seconded. Passed (4-3 with Carole and Christine opposed and Paul abstained). rl~;lJi11lll."...~."'_..LU" The meeting was turned back over to Paul. This project was continued from the February 28th meeting and involves the removal of the existing house, construction of a 32x25 ft. house, sewage disposal system and grading within the 100 ft. zone. The site has passed a perc test and the Board of Health agent believes the system is all right where it is. Scott had wanted the leach field as far as possible from the wetlands. Elizabeth had wanted the plan changed to reflect the actual project. She had wanted flags 6 and 7 moved to the edge of the shrub line, flags 9 and 11 and 11 and 13 to be connected, eliminating flags 10 and 12. She had also wanted the house moved closer to the roadway. ~ --- The wetland flags have been moved and the house is now 25' off the bvw. The septic system is 45 ft. at the closest distance. The house is on a slab and is the same as the existing house. The existing driveway is in the "no touch" zone. Paul wants to make sure that when the site is cleaned and the existing house is demolished, that everything is properly disposed of. A motion was made to accept the revised plans of April 11th as drawn. Jerry seconded. Passed (7-0). Ralph Maloon, RIM Engineering and John Hurley, the applicant. Wetland line had moved and more pavement was added. Applicant would like a release of the Order of Conditions that was never closed out so a Certificate of Compliance can be issued. --- Paul wanted to know if all conditions were met from the Order of Conditions dated 1991. Ralph Maloon stated they were. Paul let Mr. Hurley know that any further work will require a new filing. Colin thinks Michele should look at the stormwater infiltrator trench and the leader pipes. Elizabeth had walked the site March 20th. Michele will review Elizabeth's notes and if necessary, will visit the site. Carole made the motion that #211-354 be incorporated on the drawing of 3/23/05 and that a final Certificate of Compliance be issued. (The 1991 Order of Condition-the property is recorded at the registry of deeds, Book 2686, Page 24. Notice of Intent filed 5-14-91, hearing was closed 6-3-91, was issued on 6-21-91). Colin seconded. Passed (7-0), ,.;,.1........:.. J -- · 69 Morrow Street: This is a possible violation. Plans are dated March 25, 2004 and were revised on May 18, 2004. The applicant filed for a Building Permit in July 2004 and received an Occupancy Permit in January 2005. The garage is within 86 ft. of the Rumford River. A Notice of Intent might not have been filed. -- Christine made the motion to send a letter requesting they come to the next meeting, April 25th. Jerry seconded. Passed (7-0). . A letter was received from Life Scout Jason O'Connell, requesting projects for an Eagle Scout Badge. Paul suggested cleaning up the brook that runs under the High School. Michele will send Jason a letter. . Michele wanted the Commission to know that there will be a DEP site walk on Friday, April 22nd on the Quirk Trust parcel located at 175 Essex Street to evaluate the situation. She will be at the site walk. . Michele also walked a parcel of state-owned land, approximately 1.25 acres, located off Rt. 140 at the end of Campbell Street to determine where the resource areas are. A plan has been prepared by RIM Engineering. An intermittent stream runs off site along the back of the parcel with wetlands on either side and there is upland in the middle of the site. The town is acquiring this land from the state to use for assisted living. -- . Michele sent a certified letter and a letter by mail to Acorn Manufacturing concerning a possible wetland violation. Michele met with Eric De Long, the president of Acorn Manufacturing. He did clear trees to add a parking area. This land is not a wetland area. He had extended the parking lot without a permit. Michele visited the site Monday. There is sediment from the parking lot going into the culvert under the road into the wetland. Michele asked Mr. De Long to install silt fencing and he agreed to do this. Michele told Mr. De Long he will need to file an "after the fact" Notice of Intent because the parking lot is within 100 ft. of the wetland. The parking does not meet Stormwater Management requirements. She has spoken to John Sullivan and will speak with the building inspector on Tuesday. --- . Michele received a letter from John D'Agostino concerning the Hercules Property off Stearns Avenue. They want Michele to delineate the wetlands. . Michele received a call form Charlie Hayes concerning property at 101 Plain Street. They would like to attend the April 25th meeting to discuss cleaning up the area. Michele will also walk the site on the 25th. . Michele attended the Site Plan Review Meeting on April 11 th concerning 905 South Main Street (The Tweeter Center). A new Notice of Intent will be filed for the proposed work. r · Carole has received many complaints regarding 999 Maple Street. Michele and Mike Ahern will investigate. · 531 Bird Road-a pump has been installed on the property that is taking water out of the wetland. Michele will take a look at this site. · Carole wanted the Commission to know that one of the authors of the town By-Laws has spoken to her about people challenging the by-laws and would like to come and speak to the Commission about the intent behind each section of the by-law and recommend revisions and changes that might be needed to make it better. · Colin reminded the Commission about the letter needed for Bob Bean. Paul said to contact Mrs. Bean to have Bob write a letter and submit it to the Commission to be signed. · Lou Andrews called Colin about Girl Scout Earth Day on April 24th. · Colin wanted the Commission to know that DPW did an excellent job cleaning up the Mill River behind the town garage. --- · Colin also wanted the Commission to know that a site for the Community Garden is still needed. 11t.~ I Motion: To Adjourn at 10:05 by Colin Cauldwell. Jerry St. Hilaire seconded. All i favor (7-0). o of next ting: April 25, 2005 .15 rfjfIuidJYj5 Date of A oval ---