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Dracut Conservation Commission- Minutes of March 20, 2013
Dracut Conservation Commission
Minutes of March 20, 2013
Harmony Hall
Commissioner’s Present: Victor Olson, James Jendro (arrived 7:04 p.m.), John Hassan, Tami Dristiliaris, Elizabeth Martin, Conservation Agent Lori Cahill, and Recording Secretary Shannon Rowe Beaulieu
Commissioner’s Absent: Stephen Graham
Mr. Olson opened the meeting at 7:00 p.m.
Continuation of Notice of Intent/ 18 Kelley Road 145-925
Ms. Maureen Hanley from Norse Environmental Services, Inc. appeared before the Board and presented revised plans titled High Fields Meadows, Definitive Open Space Subdivision Plan dated January 22, 2013 prepared by Village Surveying. Ms. Hanley stated that the outside peer review was completed by Herrick Consulting. The Board reviewed the letter from Herrick Consulting dated February 14, 2013 regarding the peer review of the Stormwater Report and Drainage Design. Ms. Hanley discussed the peer review letter provided by Herrick Consulting. Ms. Hanley stated that the individual house lots will have to file their own Notice of Intents. Ms. Hanley discussed the proposed retaining wall and stated that the retaining wall would be a ready rock retaining wall which will need to be certified by a professional engineer. Ms. Hanley discussed the proposed pre-cast concrete culvert which needs to meet the stream crossing standards. The Board reviewed the pictures provided with the letter from Herrick Consulting. Mrs. Cahill stated that swale in the pictures is known as a farmers’ swale. Ms. Hanley stated that an Order of Resource Area Delineation was approved on this property.
Motion made by Mrs. Martin to close the public hearing. Motion seconded by Mrs. Dristiliaris. Motion passed unanimously. Motion made by Mr. Hassan to issue an Order of Conditions with the following conditions:
1. Per plans dated January 22, 2013
Motion seconded by Mrs. Dristiliaris. Motion passed unanimously.
Continuation of Notice of Intent/ 780 Nashua Road 145-926
Ms. Maureen Hanley from Norse Environmental Services, Inc. appeared before the Board to discuss the issues from the previous public hearings. Ms. Hanley stated that the Town Engineer has reviewed the project and does have some comments. Ms. Hanley discussed the Town Engineer’s comments and stated that they would be submitting their revision to him tomorrow for his final review. Ms. Hanley provided the Board with a letter from Norse Environmental Services, Inc. dated March 5, 2013 requesting that the Board approve the installation of erosion controls prior to the issuance of the Order of Conditions. Ms. Hanley discussed the Blanding Turtle season being April 1st through October 31st and stated that if the applicant is allowed to install the erosion controls before April 1st the weekly inspections required by Mass Wildlife would not be required as the wildlife biologist would only need to inspect the erosion controls once in the spring to ensure the erosion controls are installed correctly. Ms. Hanley stated the applicant would not do any other work on the property until the Order of Conditions is issued. Ms. Hanley stated that the erosion controls could be installed by hand or by small machinery. Ms. Hanley stated that they would not do any clearing to install the erosion controls. Ms. Hanley stated that the majority of the site is open land. Ms. Hanley stated that all issues have been addressed other than the Town Engineer’s review comments. Mr. Jendro discussed needing to install the erosion controls under an Emergency Work Order or an Enforcement Order. Mrs. Cahill stated that they could not complete the work under an Emergency Work Order. The Board discussed issuing an Enforcement Order to protect the wildlife by April 1, 2013 and if the installation of the erosion controls is not completed by April 1, 2013 a cease and desist order will be issued. Mr. Olson discussed having a third party inspect the installation of the erosion controls. Ms. Hanley stated that they can have a surveyor approve the installation of the erosion controls. The Board discussed the installation of the erosion controls and how do they know they will be installed in the correct locations? Ms. Hanley stated that they would be installed using the existing conditions plans. Mr. Olson stated that he would inspect the erosion controls once they are installed.
Motion made by Mr. Hassan to issue an Enforcement Order to allow the installation of erosion controls to be installed by a small bobcat by April 1, 2013 or a cease and desist order will be issued. Motion seconded by Mrs. Martin. Motion passed 3 to 1. Mr. Jendro voted opposed.
Motion made by Mr. Hassan to continue the public hearing until April 3, 2013. Motion seconded by Mrs. Dristiliaris. Motion passed unanimously.
Continuation of Notice of Intent/ 1400 Broadway Road 145-929
Mr. Nick Dufresne from Thompson Farland appeared before the Board and presented revised plans titled Site Plan dated March 11, 2013 prepared by Thomson Farland. Mr. Olson reviewed what was needed from the last hearing and discussed the DEP’s comments. Mr. Dufresne presented the Board with photograph’s showing the current existing conditions on the property. The Board discussed the revised plans showing the existing buildings that have burnt down. Mr. Dufresne stated that the footprint of the proposed building has been reduced which pulls the building further away from the wetland. Mr. Dufresne stated that the revised plans show the distances from wetland flags 10 and 11 to the closest point of the building, the building dimensions, impervious area and the erosion controls on the northerly portion of the property. Mr. Dufresne discussed the DEP’s comments regarding the floodplain and stated that there is no fill being proposed in the area that was referred to in their comments. Mr. Dufresne stated that there are no Mass Wildlife issues. Mrs. Cahill asked if the same revised plans that they are presenting to this Board are the same plans being presented to the Planning Board? Mr. Dufresne stated yes, the revised plans are being presented to Conservation, Planning Board and the Zoning Board of Appeals. Mr. Dufresne presented a quick review of the proposed plans.
Motion made by Mr. Hassan to close the public hearing. Motion seconded by Mrs. Dristiliaris. Motion passed unanimously. Motion made by Mr. Hassan to issue an Order of Conditions with the following conditions:
1. Per plans dated March 11, 2013
2. Certified foundation plan
3. No additional structures, filling or grading within the 50’ buffer zone
Motion seconded by Mrs. Dristiliaris. Motion passed unanimously.
Approval of Minutes: Motion made by Mr. Jendro to approve the minutes of February 20, 2013 as written. Motion seconded by Mrs. Martin. Motion passed 3 to 0. Mrs. Dristiliaris and Mr. Hassan abstained from voting.
Old Business:
* 5 Dylan Drive – Enforcement Order – Mrs. Cahill stated that she has contacted the previous homeowner regarding the Certificate of Compliance being denied. Mrs. Cahill stated that she would send a letter to the new homeowner regarding what would be needed to obtain a Certificate of Compliance.
New Business:
* Speedy Mart – Lakeview Avenue – Mrs. Martin stated that the snow storage on the property is going right into the wetland. Mrs. Cahill stated that she would speak with the property owner.
* The Board discussed when the next Conservation Commission meeting would be held.
Motion made by Mrs. Dristiliaris that the next Conservation Commission meeting will be held on Wednesday, April 17, 2013. Motion seconded by Mr. Hassan. Motion passed unanimously.
Signings:
* Order of Conditions/ 18 Kelley Road 145-925
* Order of Conditions/ 1400 Broadway Road 145-929
Motion made by Mr. Hassan to adjourn the meeting. Motion seconded by Mrs. Martin. Motion passed unanimously.
Meeting adjourned at 7:50 p.m.
______ABSENT______
Victor Olson, Chairman Stephen Graham
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John Hassan Tami Dristiliaris
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James Jendro
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Elizabeth Martin, Vice Chairperson
Shannon Rowe Beaulieu
Recording Secretary