HAVERHILL CONSERVATION COMMISSION MEETING MINUTES
March 31, 2011
Haverhill City Hall, Room 301

Chairperson Cheryl Accardi called the meeting to order under the Wetlands Protection Act, MGL Chapter 131, Section 40 and the City of Haverhill Ordinance Chapter 253.

Present:           Cheryl Accardi, Fred Hooper, Phil LaCroix, Brent Baeslack, Peter Richardson, and Bill Pollman
Absent:            Shannon Hewey
Also Present:   Robert E. Moore, Jr., Environmental Health Technician

Requests for Determinations of Applicability
1.   Massachusetts Electric Co. for 124 Groveland Rd – Parcel ID: 776-788-1AA
      Installation of a battery cabinet
Ms. Accardi referenced the “Meeting Notes” correspondence from Mr. Moore, dated March 31, 2011, and the memorandum from City Engineer, John Pettis, dated March 31, 2011.  Shiona Patisteas, from AECOM, presented the project on behalf of the applicant. 

Following a brief discussion, Mr. Hooper motioned to issue a Negative Determination – Options #2 and 3, with the inclusion of stipulations typical for infrastructure projects.

Mr. Richardson seconded the motion.  The motion passed unanimously.

Notices of Intent
2.   #33-1306 Crystal Lake Golf Club, LLC for 890 No. Broadway – Parcel ID: 575-2-8
      Grading and drainage improvements to Holes 4 and 5
Ms. Accardi referenced the “Meeting Notes” correspondence from Mr. Moore, dated March 31, 2011, and the memorandum from City Engineer, John Pettis, dated March 31, 2011.  Michael Seekamp, from Seekamp Environmental Consulting, Inc., presented the new information on behalf of the applicant.  Michael Maroney, from Crystal Lake Golf Club, and Jim Hanley, from Civil Design Consultants, Inc., also attended the meeting.

A brief discussion followed, primarily with regard to the two conditions recommended in Mr. Moore’s correspondence.  Mr. Baeslack asked Mr. Maroney if he would consent to the second condition, pertaining to ongoing water sampling.  Mr. Maroney gave his consent to the condition.

Mr. Hooper motioned to issue an Order of Conditions approving this project, with the inclusion of the Commission’s typical conditions, as well as the following additional “Ongoing Conditions” from Mr. Moore’s “Meeting Notes”:

• Fertilizers utilized on the golf course property shall be limited to low-nitrogen organic or slow-release or water-insoluble nitrogen inorganic type fertilizers and shall not be used within 30’ of any wetland resource area.  The POLYON product proposed by the applicant, or an equal approved by a Conservation Department Official, may be used to meet these criteria.  The course’s “greens” may be fertilized with a direct foliar application to be absorbed by the grass within the day of application.  Such applications shall not be made under conditions where rain or irrigation is expected to occur prior to complete absorption of the fertilizer.
• The City of Haverhill reserves the right to schedule inspections with the course owner and/or operator to access and inspect peak runoff areas and collect water quality samples as part of the City’s watershed management program.

Mr. Baeslack seconded the motion.  The motion passed unanimously.

8.   #33-1279 Premiere Realty Trust for 31 Back Nine Drive.  Partial Certificate of Compliance.
Ms. Accardi referenced the “Meeting Notes” correspondence from Mr. Moore, dated March 31, 2011.  Michael Maroney, from Premiere Realty Trust, Michael Seekamp, from Seekamp Environmental Consulting, Inc., and Jim Hanley, from Civil Design Consultants, Inc., were in attendance.

Mr. Baeslack motioned to issue a “Partial Certification”, with the inclusion of Section IX of the Order as “Ongoing Conditions”.

Mr. Richardson seconded the motion.  The motion passed unanimously.

• #33-1307 City of Haverhill for Washington St – Parcel IDs: 309-1-9A, 14, 15 and 310-1-15, 19

Installation of a permanent access ramp and seasonal dock system on Merrimack River
Ms. Accardi referenced the “Meeting Notes” correspondence from Mr. Moore, dated March 31, 2011.  Tom Keough, from AECOM, presented the project on behalf of the applicant.  Bob Hajjar, from AECOM, also attended and addressed engineering-related comments and questions.

Mr. Richardson questioned how drill cuttings would be contained during the mounting of the ramp to the wall.  Mr. Baeslack and Mr. Richardson questioned the locations of the blocks and chains with respect to the limits of the navigable channel, suggesting these should be verified with the harbor master and/or the Army Corps of Engineers.  Mr. LaCroix and Mr. Richardson questioned the ramp’s compliance with the Americans with Disabilities Act.

With the minimum comment period of the Natural Heritage and Endangered Species Program still open, and some questions to be addressed, Mr. Baeslack motioned to continue this item to the Commission’s April 21, 2011, meeting agenda. 

Mr. Richardson seconded the motion.  The motion passed unanimously.

• #33-1308 City of Haverhill for Hilldale Ave (Cashman’s Field) – Parcel ID: 523-326-1

Construction of a rooftop boat launch on Little River
Ms. Accardi referenced the “Meeting Notes” correspondence from Mr. Moore, dated March 31, 2011.  Tom Keough, from AECOM, presented the project on behalf of the applicant.  Bob Hajjar, from AECOM, also attended and addressed engineering-related comments and questions.

Mr. Baeslack questioned where cars would park.  It was replied that parking will continue to be along Hilldale Avenue.  Ms. Accardi questioned whether signage would be installed to advise boaters of the Winter Street waterfall.  It was replied that the City would likely consider the installation of signage.  Mr. Hooper questioned where trash could be deposited by boaters.  It was replied that the City will continue its current trash collection policies at the park and would likely revised them if the need arose.  Mr. Richardson questioned the use of erosion control devices at the bottom of the proposed ramp, as well as the potential need for dewatering associated with the installation of the new wall cap.  It was replied that controls could be enhanced along the bottom of the ramp.  It was also replied that a plywood form would likely be installed along the wall and pulled into the wall to seal out water from the cap area.  Any water that migrated into the work area would also be displaced be the proposed concrete pour.  Ms. Accardi commented that the proposed removal of debris in the vicinity of the ramp should be conditioned. 

Larry Olasky, 70 West Meadow Road, questioned whether a path would be worn into the park grass as a result from launch usage.  It was replied that this was unlikely, as parking along the Hilldale Avenue frontage would create inconsistent entrance paths into and through the park.

John and Sheila Audet, 141 Hilldale Avenue, questioned whether any brush clearing would be done, as they maintain understory growth near their river frontage to deter children.  It was replied that the only vegetation clearing proposed is at the boat launch work area.

Mr. Hooper motioned to issue an Order of Conditions approving this project, with conditions typical for public works projects, as well as conditions addressing the following:

• Signage pertaining to appropriate trash disposal and warning of the downstream waterfall shall be installed at the boat launch.
• The existing retaining wall shall remain in place until such time that the ramp is graded and stabilized.  At that time, the Conservation Department Office shall be contacted to arrange for an inspection of the wall’s demolition.
• Erosion control devices implemented on this site shall be to the satisfaction of a Conservation Department Official. 
• At the close of each work day, hay bale check dams shall be installed across the bottom and midpoint of the ramp.
• All manmade debris shall be removed, and properly disposed of, from the Little River and its related resource areas for a minimum distance of 25’ from the limits of work.

Mr. Baeslack seconded the motion.  The motion passed unanimously.

12. Any Other Matter
UPDATE: Emergency Certification issued March 10, 2011 – City of Haverhill for Whittier Road R.O.W. – Bridge Repair
Bob Hajjar, from AECOM, informed the Commission, on behalf of the applicant, that weather-related delays will keep the repair work from being completed by the April 9, 2011, expiration of the Certification.

Mr. Baeslack motioned to issue, upon submittal of a letter from Mr. Hajjar explaining the delays, a letter of extension providing up to 30 additional days to complete the repairs (i.e. by May 9, 2011).

Mr. Richardson seconded the motion.  The motion passed unanimously.

5.   #33-NOI City of Haverhill for Middlesex St – Parcel ID: 708-658-3
      Removal of existing railroad tracks and ties
As advised in Mr. Moore’s “Meeting Notes” correspondence, dated March 31, 2011, this hearing was not opened.

Mr. Hooper motioned to continue this item to the Commission’s April 21, 2011, meeting agenda. 

Mr. Richardson seconded the motion.  The motion passed unanimously.

Other Business
6.   #33-0927 SKM Title & Closing Services, P.C. for 41 Snow Road.  Partial Certificate of Compliance.
Ms. Accardi referenced the “Meeting Notes” correspondence from Mr. Moore, dated March 31, 2011.  No one representing the applicant attended the meeting.

Mr. Baeslack motioned to issue a “Partial Certification”, with the inclusion of Other Conditions #6a-6e of the Order as “Ongoing Conditions”.

Mr. Richardson seconded the motion.  The motion passed unanimously.

7.   #33-1262 SKM Title & Closing Services, P.C. for 41 Snow Road.  Partial Certificate of Compliance.
Ms. Accardi referenced the “Meeting Notes” correspondence from Mr. Moore, dated March 31, 2011.  No one representing the applicant attended the meeting.

There was some general discussion of the three options outlined in Mr. Moore’s correspondence.  Mr. Baeslack noted his preference for the second option: crafting language for a “Partial Certification” that only notes the completion of the house and its immediate surroundings, but also calls out the current incompletion of detention pond work.  Mr. Baeslack also suggested the Commission issue a letter to the developer requesting a completion timeframe for the detention pond on this lot, as the Commission has concerns with its incomplete status.

Mr. Hooper motioned to issue the “Partial Certification” and letter, as discussed.

Mr. Baeslack seconded the motion.  The motion passed unanimously.

9.   Enforcement
NEW – Notice of Violation issued March 31, 2011 – Keith Gopsill for 41 Lincoln Avenue. 
Mr. Gopsill attended the meeting to discuss this matter with the Commission.  He explained the intent of his work was to create a level area for the installation of a privacy fence.

Mr. Hooper motioned to confirm the issuance of the Notice of Violation and to issue an Enforcement Directive requiring Mr. Gopsill to take one of the following two actions:

• Remove all of the deposited loam material from the bordering land subject to flooding and properly dispose of it within 42 days (i.e. by the Commission’s May 12, 2011, meeting).
• File a Request for a Determination of Applicability, with a surveyed site plan that demonstrates how compensatory storage will be provided for the proposed new loam material, by the Commission’s April 28, 2011, submittal deadline for its meeting on May 12, 2011.

Mr. Richardson seconded the motion.  The motion passed unanimously.

10. Acceptance of Minutes
On Mr. Hooper’s motion and Mr. Baeslack’s second, the Commission unanimously voted to accept the minutes for the March 10, 2011, and May 13, 2010, meetings.

11. Discussion of general policies & possible ordinance revisions
None

12. Any Other Matter
NEW – Mr. Moore requested a general discussion of permitting requirements for projects located on bordering land subject to flooding, as the Riverside neighborhood has seen a number of such projects in recent years.  It was the general consensus of the Commission that minor projects, such as decks, sheds, and above ground swimming pools could continue to be permitted, at the staff’s discretion, without the need for formal permitting.  However, more significant projects, such as residential additions, should be permitted through the Notice of Intent process.

Ms. Accardi adjourned the meeting.