Conservation Commission
Town Hall – 25 High Road
Meeting Date – April 19, 2011 at 7:00 pm
Meeting Opened at 7:01 pm
Present: Doug Packer, John Hartnett, Les Jones, Jim Cunningham, John O’Connell, Dan Streeter
Excused: Worthen H. Taylor II
Review of Minutes of February 15, 2011 done by the Commission; first motion to accept made by John O’Connell and the second motion by John Hartnett.
Leonard Dobson (38 Old Point Road) – A continued NOI to construct a two-story addition over existing deck. Mr. Dobson is still in litigation with regard to this dwelling and would like to continue this hearing to the next meeting date. Mr. Cunningham made the first motion to continue and John O’Connell made the second motion; all in favor.
Mass Wind LLC (8 Middle Road) – A continued RDA for the construction of three wind turbines. In February Representative Jonathan Markey of Meridian Assoc. indicated that their applicant is seeking financing alternatives. In addition, they intend to modify their existing plan to one turbine on the upland. There was no notification received by the applicant or their representative that they would not be attending the hearing. Commission instructed Dept Assistant Susan Noyes to notify them that if we have not heard from them by the next meeting that we will need to drop from the agenda without prejudice. Mr. Streeter made the first motion to accept and Mr. Cunningham made the second motion; all in favor.
John Wishnok & Judith Chaffee (2 Melody Lane) – A continued NOI to construct a 6’X12’ addition off living room area. They have a non-conforming setback that required ZBA Approval. ZBA identified that approval had been received for the additional one-foot so they do not need to go through the process. The applicant is designing this addition themselves and as they worked further along realized this is actually 140 square feet vs. 120 square feet, as they failed to take into consideration the wall “dept”. They are still within their allowable sf. Chairman Packer went to the audience for abutters or residents that had any questions; there were none. Chairman Packer then made a motion to close the public hearing. Mr. Hartnett made the first motion to accept the
project as presented and Mr. Jones made the second motion; all in favor.
CMF Associates, LLC (30 Northern Blvd.) – A continued NOI to construct single-family dwelling within a coastal dune.
A plan was dropped off this morning; the engineer provided a refreshed copy this evening that was updated this afternoon. They flipped the house and moved the stairs from northerly to southerly. They have re-calculated the total sf which is 1,692 sf of lot coverage. The applicant is proposing a 1:1 ratio of dune grass replication on the existing bare areas of the lot that total 1,699 sf. Elevation 20; FEMA would not just call this elevation 20 as they would like to apply the 540 rule. They noticed project was almost on property line, moved 24 1/2 off property line. Invited pile driver Ed Boyle who will do the pilings to speak of his process of installing pilings; he feels that he can service everything from one point, t here will be one trip in and one trip out with the crane. They will enter from
the northerly side of the lot where the slope of the dune is shallower and there will be no staging area for the piles on site. An updated narrative has been provided for the file. The Commission is satisfied with the updated narrative for the construction plan. Mr. Streeter has some questions on the replication – “along the edge of street” he is concerned that there is not a real replication area there. They were advised to send this the “final” plan into DEP. The applicant asked for a continuance until the next meeting date. Mr. Hartnett made the first motion to continue and Mr. Jones made the second motion; all in favor.
James Swallow (91 Old Point Road) – (also known as Smith Street West) A continued NOI to construct a single-family home. Rep Bob Watt from Construction Advisors…Due to the Road/Frontage issues, they were advised to go to ZBA. ZBA referred the case to Planning and are scheduled for a meeting for May 3rd. The lot is being utilized; it has a firm ground covered in pine needles. A boat and other vehicles are currently being parked on it. There is no beach grass on the lot. The house is proposed to be placed in the approximate center of the property. Corner of deck; we recommend getting it out of the A zone. The property is in the ACEC so it requires a NHESC filing. There is 1758 sf of impact, including the driveway. Applicant may not have included driveway
as they considered it “existing”. Three-foot concrete landing on front stairs – is it needed, again in ACEC. Do pilings instead? Re-vegetation areas need to be more specific with the sf of the areas. They are proposing a storage utility area only down to two-feet. The Board continue this to the site visit for Monday April 25th at 5:00 pm and then again to the May 17th meeting date. Mr. Jones mad the first motion to continue to the site visit date and Mr. Cunningham made the second motion; all in favor.
Town of Newbury (off Middle Road) – A continued NOI for the replacement of hydraulic control structure (weir) and installation of culvert as replacement for a prior crossing structure. John Hartnett recused himself. Adam Costa is counsel for Property Owner and Rep Bill Decie is here to assist the applicant with the project. Too much water is passing through the area and is causing some problems and also the beavers are contributing. 2005 proposed project never happened 12-foot culvert and weir in the rear. .They would alter about 48 sf of bottom of water, 100 sf of vegetated wetland. It is a limited project for a structure that existed prior to 1983. Because the plans for the culvert in 1997 are not available Bill would agreed with DEP that a hydraulic study be done before Weir
installed. Chairman, would the culvert (4X4X12) put in the estimations work – in his opinion yes. Base elevation would need to be taken; would you go by old elevation or the scour out there now; it should be the prior elevation that should be used. Large section of the dam was removed last week, about 4 feet. The water went down significantly. Not sure who did it. Mr. Cunningham is certain that he saw stuff in the water this afternoon that was not there this evening when he went by. There is a small possibility that it was animals. Can the bed be prepared and the flow diverted sufficiently for this project; in Bill’s opinion yes. There is Commission concern that the proposed culvert should not be smaller than the Route 1 culvert. The Commission would like a site visit; Mr. Bandoian will be back the last week in April. The site visit is set for Monday May 2nd at 5:00 pm; the
Commission will meet on Route 1 by Wilco Marine. The hearing will then subsequently be continued to the next meeting date of May 17th. Mr. Streeter made the first motion to accept and Mr. Cunningham made the second motion; all in favor.
Atty Costa stated his client Sufficiently size in of the structure (based on prior grade) and interested in learning when this project would take place. Approval for the financing is needed at Town Meeting and the best time to construct this project would be July/August.
John & Elizabeth Weis (3B Black Duck Cir) – RDA to remove underbrush located adjacent to lawn. Acquired property about 4 months ago and making some improvements; just pulled a permit for a porch and a deck. Some of the improvements is to clear (100’X10”) of sumac, brush, etc. The area be marked, which is shown in the photos. Chairman Packer had gone out on site with applicant prior to this request. Chairman Packer went to the audience for abutters or residents that had any questions; there were none. Chairman Packer then made a motion to close the public hearing. Mr. Hartnett made the first motion to accept the project as presented and Mr. O’Connell made the second motion; all in favor.
MassDOT – Highway Division (I-95 including ramps; NB & SB Georgetown to Salisbury) – RDA for removal of existing signs/supports and installation of new sign panels and message signs. MassDOT Andrea Morton explained the project; this is a guide sign and traffic sign project. Doug went out on site visit with Ms. Morton and shared his areas of concern (wetlands or slopes) as well as where he felt the silt fence and/or raffi barriers should be. Most concerning are the OD (exit) signs from the perspective of drilling holes and the placement of new footings. Ms. Morton noted that thes project was awarded late last fall, and she is trying to be as specific as possible with regard to Doug’s instructions in pre-construction mode. Chairman Packer went to the audience for abutters or residents
that had any questions; there were none. Chairman Packer then made a motion to close the public hearing. Mr. O’Connell made the first motion to accept the project as presented and Mr. Cunningham made the second motion; all in favor.
Robert Hartigan & Joyce Pugh (49 Plum Island Tpke) – An RDA to construct a 100’ safety rail adjacent to existing parking. John Hartnett recused himself from this hearing. They followed elevation 7 contour with this barrier/fence which will delineate the parking lot from the PI creek and the wetlands. This project is to allow vehicles and people to move around the area safely, while protecting the resource area. Chairman Packer went to the audience for abutters or residents that had any questions; there were none. Chairman Packer then made a motion to close the public hearing. Mr. O’Connell made the first motion to accept the project as presented and Mr. Cunningham made the second motion; all in favor.
Scotland Woods LLC (3 Livingstone Lane) – An RDA for minor grading within 100-feet of buffer zone. John Rausch presented a drawing of the first property up on the common driveway and stated that they will install a silt fence. Chairman Packer went to the audience for abutters or residents that had any questions; there were none. Chairman Packer then made a motion to close the public hearing. Mr. O’Connell made the first motion to accept the project as presented and Mr. Hartnettt made the second motion; all in favor.
Joe & Inga Wennik (2 Black Duck Cir) – An RDA to construct a 15’3”X14’ addition to existing living room and a 15’X12’ deck added to existing deck. Representative Tom Gorenflo presented overview and it has been placed on the site plan and will also place silt fence along the perimeter. Chairman Packer went to the audience for abutters or residents that had any questions; there were none. Chairman Packer then made a motion to close the public hearing. Mr. O’Connell made the first motion to accept the project as presented and Mr. Cunningham made the second motion; all in favor.
Justin Webb (53 Old Rowley Road) – An NOI to construct a common driveway and a single-family home with associated grading, utilities and driveway. Tom Menetta been to the Planning Board and has approval for two lots. Common drive is 16-feet wide – squeezed in w/o any wetlands disturbance with about a 2-foot buffer to the wetlands. No grading or cuts or fills, hold existing elevation/grade. There is a 10-foot driveway to proposed house and the dwelling is 10-feet from BVW. Why riprap; for velocity change. Asked Justin to provide more detail around the well and how it will be protected. Chairman Packer went to the audience for abutters or residents that had any questions; there were none. Chairman Packer then made a motion to close the public hearing. Mr. Hartnett made
the first motion to accept the project as presented with the well protection detail and Mr. O’Connell made the second motion; all in favor.
North Reading Transportation (90 Hanover Street) – An Amended NOI to redevelop the parking area for buses to include installation of a crushed stove parking area, paved area and regarding/landscaping. Rep Jack McQuilkin with Property Owner were present for the hearing. In December, there was an approval for the recycled asphalt and course binder.
DEP appealed the RDA, and the applicant met with DEP in February. They never linked the RDA to the Order of Conditions; though they provided everything that they had. DEP felt that there was no connection to the “storm water” and decided they wanted everything included in a single NOI as it relates to this project. The Order now includes a maintenance and operation plan for monitoring and cleaning with reports that are due. Chairman Packer went to the audience for abutters or residents that had any questions; there were none. Chairman Packer then made a motion to close the public hearing. Mr. Hartnett made the first motion to accept the project as presented and Mr. Jones made the second motion; all in favor.
David Rimmer/Essex County Greenbelt (100 Middle Road) – RDA to create a 55’X20’ parking area and construct a 16-fppt wooden boardwalk for the purposes of crossing a stream. This 26-acre parcel was acquired in 2010 located on Middle Road and referred to it as Morris Reservation. They would like to accommodate a portion of the area for visitors. There will be gravel at the approaches of the boardwalk to ensure firmness. Tim Leonard, Highway Department had no problem with the plan and would sign off on it; Chairman Packer recommended that they include in the plan whatever Mr. Leonard agreed to. There is also an agreement with Jean Littlefield to continue to hay the area. Mass Wildlife is in support of this project financially due to the connection to the Martin Burns property. They would keep a trail mowed in the field for access. There is a stream that comes through (drains from Littlefield’s cornfield) and land in the wetland by Downfall road. They plan on taking the two
white pines that are in the buffer zone, but were advised to wait until the appeal period passed prior to removal. Mr. Rimmer met with some abutters voluntarily at 5:00 this evening and they were in favor of the project. Chairman Packer went to the audience for abutters or residents that had any questions; there were none. Chairman Packer then made a motion to close the public hearing. Mr. Cunningham made the first motion to accept the project as presented and Mr. O’Connell made the second motion; all in favor.
Don Domoretsky (1 Sandy Way) – An NOI to replace porch piers, renovation of the kitchen and bath and construct an addition of a new screen porch and deck. Total sq. footage of the addition is about 650 sf. They are in the confines of his land; and his lot is in the shape of an L. The applicant intends to place the re-vegetation around the perimeter. Chairman Packer asked for the plot plan with the addition placed on it as well as a specific re-planting schedule. Chairman Packer went to the audience for abutters or residents that had any questions; there were none. Chairman Packer then made a motion to close the public hearing. Mr. O’Connell made the first motion to accept the project as presented and Mr. Streeter made the second motion; all in favor.
Certificates of Compliance:
Marguerite Flanagan (11 Plum Island Blvd) – DEP File No. 050-947 for a direct replacement of front room. Mr. Packer conducted a site visit today, April 19th and found the project to be in substantial compliance and would recommend the certificate of compliance. Mr. Streeter made the first motion to accept and Mr. Jones made the second motion; all in favor.
DEP 050-454 need new COC, lost original and need to record. This was a valid issued to Gilbert Cartier of Middle Road Lot #7 and recommended the re-issuance of the COC.
Other Business: Update on 80 Northern Blvd.
Pursuant to the 'Open Meeting Law,' G.L. 39, § 23B, the approval of these minutes by the Commission constitutes a certification of the date, time and place of the meeting, the members present and absent, and the actions taken at the meeting. Any other description of statements made by any person, or the summary of the discussion of any matter, is included for the purpose of context only, and no certification, express or implied, is made by the Commission as to the completeness or accuracy of such statements.
Meeting adjourned at 9:30 first motion by Mr. Hartnett and second by Mr. Cunningham.
Respectfully Submitted, Susan Noyes
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