HomeMy WebLinkAbout2008-05-21 Conservation Commission Minutes Conservation Commission Meeting Minutes
May 21,2008
Members Present: Albert P Manzi, Jr , Chairman, and Scott L Masse, Vice Chairman, Sean F
McDonough, and Lours A Napoli
Members Absent: Joseph W Lynch, Jr, John J Mabon, and Deborah A Feltovic
Staff Members Present: Donna M Wedge, Conservation Secretary, and Mark C West of West
Environmental, Inc
Meeting came to Order at: 8:05 P. M. Quorum Present.
General Business
242-1317, Extension Request 99 Ogunquit Road (Lot 5)(Breen)(The Neve-Morin Group,
Inc
Greg Hochmuth of The Neve-Morin Group, Inc was present Mr West stated the site is fine to
issue the extension A motion to issue the one-year extension 7/29/09 was made by Mr Masse,
seconded by Mr Napoli Unanimous
242-1315,Extension Request 85 Ogunquit Road (Lot 6)(Breen)(The Neve-Morin Group,
Inc.
Greg Hochmuth of The Neve-Morin Group, Inc was present Mr West stated the site looks fine
no problem issuing the extension A motion to issue the one-year extension to 7/18/09 was made
by Mr Masse, seconded by Mr Napoli Unanimous
242-1381, COC Request,Pleasant Street Cad, Stevens Pond (DPW)(Weston & Sampson
Engineers,Inc.)
No one was present Mr West stated the site inspected, which is stable and complete A motion
to issue the COC and release the bond was made by Mr Masse, seconded by Mr McDonough
Unanimous
242-1128, 21 Fuller Meadow Road (SHA)(Giles Surveying)
No one was present Mr West stated the site was inspected on 5/16/08 The buffer zone
plantings have been installed and wetland is now protected A motion to issue the COC and
release the bond was made by Mr Masse, seconded by Mr McDonough Unanimous
242-1337,Modification Request, (Key-Lime,Inc)(Haves Engineering,Inc.)
The applicant Ben Osgood Sr of Key-Lime, Inc and John Burk and Ben Ogren of Hayes
Engineering, Inc was present Mr West stated reviewed the submittal and has the following
comments A Modification is to separate 4 duplexes into 8 single-family units B Individual
foundation plans don' t have grading on them C Overall site plan is difficult to read D No
details on proposed wall for unit 32 E Grading on individual foundation plans would be helpful
A motion to issue the modification was made by Mr Masse, seconded by Mr Napoli
Unanimous
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NACC#17, COC Request, 165 Bridle Path (Schmitt)(Andover Consultants,Inc.)
No one was present Mr West stated the site was stable with no erosion there are no issues with
the site A motion to issue the COC and release the bond was made by Mr Masse, seconded by
Mr Napoli Unanimous
Enforcement Order Ratification
242-784, 104 Thistle Road
Mr Masse left the room Mr Manzi stated we need to amend the Enforcement Order to not
allow a chain link fence A motion to ratify the amended Enforcement Order was made by Mr
McDonough, seconded by Mr Napoli 3 to 1 Vote
James Swamp Recreation Area,Johnson Street (McArdle)
This is an Eagle Scout project that he has not completed A motion to ratify the Enforcement
Order was made by Mr McDonough, seconded by Mr Napoli Unanimous
Small Project
NACC#40, 58 Glenwood Street(Ghamary)(Agape Property Maintenance Company, Inc.)
The applicant Mr Ghamary was present Mr West stated the applicant has removed the
inground pool and he wants to install a deck with installation of 8 sono tubes and stairs off the
deck within the Buffer zone to a Bordering Vegetated Wetland and within Riverfront of the
Shawsheen River This is the house that flooded out with 100-year storm we had in 2006 Mr
West stated the applicant has raised the elevation of his house so the house would not get flooded
out again The applicant would like to clean up the area because of the flooding in the area there
is debris all over the place The Conservation Commission granted permission for the applicant
to clean up all the debris from the flooding A motion to ratify this a small project was made by
Mr McDonough, seconded by Mr Masse Unanimous A motion to accept the applicant to clean
up debris was made by Mr McDonough, seconded by Mr Masse Unanimous
Public Hearing at: 8:30 P. M.
Abbreviated Notice of Resource Area Delineation
242-1001 Turnpike Street, (Orchard Village LLC)(Basbanes Wetland Consulting)(cont.
from 4/23/08)
No one was present A motion to close an issue a decision within 21 days was made by Mr
Masse, seconded by Mr McDonough Unanimous
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Notice of Intent(s)
242-1421, Dale Street-Map 64 Lot 31, (Powderhill Development Corp)(Marchionda &
Associates, L. P.)(cont. from 3/26/08)
The applicant David Kindred of Powderhill Development Corp was present Mr Masse stated
where are you with this project Mr Kindred stated that he received another letter from Mr
Gerald Brown the Zoning Enforcement Officer for Town of North Andover Mr Brown
indicated that he needed to go to the Zoning Broad of Appeals The applicant thought he would
be grandfathered in but he is working with his lawyer right now He would like to withdraw
without prejudice Mr Masse stated the Conservation Commission would waive the local filing
fee if he decided to re-file with Conservation Commission A motion to accept the withdrawal
without prejudice was made by Mr Masse, seconded by Mr Napoli 3 to I Vote
242-1401, Lot 2 Forest Street (Plisinski)(Professional Land Services,Inc.)(cont. from
3/26/08)(Repuest to cont. to 5/28/08)
No one was present A motion to continue to May 28, 2008 meeting was made by Mr Masse,
seconded by Mr McDonough Unanimous
242-1422,21 High Street(RCG North Andover Mill LLC)(Epsilon Associates, Inc.)(cont.
from 4/9/08)
The applicant David Steinberg of RCG North Andover Mill LLC and Julie Vondrak of Epsilon
Associates, Inc was present Mr West stated conducted a site inspection with Julie Vondrak and
has reviewed the site plans Lisa Eggleston has been working with the project engineers to
resolve drainage and stormwater management issues and all issues have been resolved to her
stisfaction Mr West requested a revision to the planting scheme for bank and buffer replication
areas to avoid species preferred by beaver, as there is evidence of their presence in this pond A
revised planting scheme was submitted date May 14, 2008 that incorporates Mr West's
recommendations Mr West agrees that the proposed work qualifies as a limited project Mr
West also agrees with the proposed mitigation package even though minor amount of bank will
be lost The area is park-like in nature and will be enhanced by the new landscaping and
stormwater management A motion to close and issue a decision within 21 days was made by
Mr Masse, seconded by Mr Napoli Unanimous
NACC#39, 100 Vest Way, (Stone)(New England Engineering Services, Inc.)(cont. from
4/23/08)
No one was present A motion to close and issue a decision within 21 days was made by Mr
Masse, seconded by Mr McDonough Unanimous
242-1426, 114 Boxford Street (Hardacre)(New England Engineering Services, Inc.)(cont.
from 4/23/08)
No one was present A motion to close and issue a decision within 21 days was made by Mr
McDonough, seconded by Mr Napoli Unanimous
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242-1427,300 Webster Woods Lane(Sitak)(The Neve-Morin Group, Inc.)
Greg Hochmuth of The Neve-Morin Group was present Mr McDonough read the legal notice
Mr West stated inspected the site and requested minor modifications to the wetland boundary at
flag 102, 104 and 112 Project includes significant expansion of lawn with pool, cabana,patio,
and walkway The Commission may want to consider buffer plantings upslope of proposed wall
along the 25-foot No-Disturbance zone The Conservation Commission had discussion about
moving the wall closer to the house They requested a permanent barrier fence on top of wall
The pool has to have cartridge filter so no backwashing would be required A motion to continue
to June 11, 2008 meeting was made by Mr Masse, seconded by Mr McDonough Unanimous
Enforcement Order for 60 Raleigh Tavern Lane (owned by Rogers)
Mr West inspected the site on May 19, 2008 and issued a cease and desist order to contractor
after cutting/grading has been performed in the 100 foot buffer zone including work in the 25-
foot No-Disturbance zone The owner should submit a restoration plan with a Notice of Intent for
work within the 100-feet buffer zone of a Bordering Vegetated Wetland A motion to
requirement restoration plan be submitted to the Conservation Commission to accept and
approve was made by Mr Masse, seconded by Mr Napoli Unanimous
Enforcement Order for 642 Turnpike Street(owned by John & Karen Carroll)
Mr West inspected the site on May 14,2008 The tree cutting within the 25-foot No-Disturbance
zone The was told to cease and desist Request restoration plan be submitted to the Conservation
Department A motion to require a restoration plan be submitted to the Conservation
Commission to accept and approve was made by Mr Masse, seconded by Mr Napoli
Unanimous
Enforcement Order for 865 Great Pond Road (owned by Jose Baez)
Mr West inspected the site on May 19, 2008 with the owner The dead trees were cut in and
adjacent to the wetland and left in the wetland and the 25-foot No-Disturbance zone The owner
was told to contact the Conservation Department to develop a plan of removal of cut wood A
motion to require a removal plan for cut trees plan remove by hand was made by Mr
McDonough, seconded by Mr Masse Unanimous
Enforcement Order for 480 Rea Street(owned by Richard Romano)(Old DEP9 242- 852
1997)
Mr West stated soil disturbance within 100-feet of Mosquito Brook the owner was told to cease
and desist after installing erosion controls The erosion controls were installed immediately
Request that restoration plans to be submitted to the Conservation Department to clean up and
stabilize disturbance The Conservation Commission discussed about the filing of RDA for June
25, 2008 meeting The applicant must file the RDA before any more work can begin on the
property The applicant must comply with Conservation Commission requirements for work
being done within 100-feet of a resource area A motion to require a restoration plan of filing
was made by Mr Masse, seconded by Mr McDonough Unanimous
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Decisions
NACC#39, 100 Vest Way
Mr West stated the bond amount set at $500, erosion controls, wetland markers A motion to
accept the Order of Conditions as drafted was made by Mr Masse, seconded by Mr
McDonough Unanimous
242-1425, 1001 Turnpike Street
Mr West stated this accepting flags for ORAD A motion to accept the GRAD as drafted was
made by Mr Masse, seconded by Mr McDonough Unanimous
242-1426, 114 Boxford Street
Mr West stated the bond amount set $1,000, wetland markers A motion to accept the Order of
Conditions as drafted was by Mr Masse, seconded by Mr McDonough Unanimous
Consultations
Kindercare 594 Chickering Road-Detention Basin Cleaning
Mr West stated this is friendly Enforcement Order to allow a detention basin cleaning The
mosquito habitat is an issue A motion to ratify the Enforcement Order was made by Mr Masse,
seconded by Mr McDonough Unanimous
22 Thistle Road
Mr West stated the applicant has vernal pool in the back of the house he wants to put inground
pool in lawn area but 60-feet away The Conservation Commission discussed that they would
need to file with conservation and include the submittal of a waiver request for work within 75
feet of a vernal pool An alternative analysis would also have to be submitted with the Notice of
Intent filing
Bay State Gas
Mr West stated they would be replacing gas line within paved roadway of Marlin Ave within
Zone AE on FEMA maps Each installation 1s repaved at the end of the day The Conservation
Commission had a discussion and decided Bay State would have to file RDA for the project
550 Winter Street
Mr West stated the applicant wants to build an addition in the location of an existing deck
approximately 38-feet from the wetland resource area The Conservation Commission had a
discussion and this would not be permitted because it is to close to resource area
A motion to adjourn the meeting at: 9:30 P. M. was made by Mr. Masse, seconded by Mr.
McDonough. Unanimous.
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