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HomeMy WebLinkAbout2008-07-23 Conservation Commission Minutes Conservation Commission Meeting Minutes July 23,2008 Members Present: John J Mabon, Chairman, Sean F McDonough, Vice Chairman, Scott L Masse, Joseph W Lynch, Jr , Deborah A Feltovic, Louis A Napoli Member Absent: Albert P Manzi, Jr Staff Members Present: Jennifer A Hughes, Conservation Administrator, Donna M Wedge, Conservation Secretary Scott L. Masse arrived at the meeting at: 8:00 P. M. Meeting came to Order at: 7:10 P. M. Quorum Present. Pledge of Allegiance General Business 242-1389, Modification & COC Request, 870 Great Pond Road (McCluskey)(Sullivan Engineering Group, LLC) The builder Lawrence Howell of Howell Design &Build, Inc was present Proposed modification is to allow for new retaining wall and stairs (already constructed) Mr Howell provided details as to reason new wall was required Ms Hughes reported vegetation pruning occurred along edge of driveway and recommended 3 wetland markers placed every 30-feet A motion to issue the modification for retaining wall and stairs was made by Mr Lynch, seconded by Ms Feltovic Unanimous A motion to issue the COC and release the bond, but hold until wetland markers are purchased and confirmed in place, was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1327, Modification Request, Route 125, Hillside Road (Barbaro)(MA Highway Department) No representative present Mr McDonough was recused Ms Hughes recommended approval of minor modification to increase the length of riprap detention area by 20 to 25-feet at pipe outlet within current limit of work area The change to be reflected on the as-built plans of the area Mr Lynch expressed concern for root disturbance of trees along the excavation area Mr Lynch also expressed concern that project remain within existing limit of work A motion to issue the modification was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1345, Modification & COC Request, 10 Inglewood Street (Xenakis)(John F. McQuilkin, P. E.)(cont from 6/25/08) The applicant John Xenakis was present Recommendation is to approve the modification request for drainage from the rear roof to drain to a stone apron Brush and fill has been removed from BVW and area has been posted with wetland markers and no dumping signs Area behind stone wall to remain untouched Mr Lynch and Ms Hughes conducted post construction/clean- up site inspections A motion to issue the modification was made by Mr Lynch, seconded by I Ms Feltovic Unanimous A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1052,Modification & COC Request(Curley Construction)(Christiansen & Sergi, Ine.)(cont. from 6/25/08)(Reguest to Cont. to 8/13/08) No representative present Ms Hughes states the applicant is requesting a continuance to August 13, 2008 meeting A motion to continue to August 13, 2008 meeting was made by Mr Lynch, seconded by Mr Napoli Unanimous Bay State Gas Gary A Jacob, PWS of Shaw Environmental, Inc was present Proposal is for maintenance/replacement of gas pipeline within jurisdictional areas on Mablin Avenue, Marbleridge Road, and Hillside Avenue/Chestnut Street Baystate Gas proposes to conduct work under Wetland Protection Act exemption and Town of North Andover small project review Mr McDonough states small project review was intended to simplify filing for homeowners, and not intended for utility projects Mr Lynch expresses concern for burden on Conservation staff and lack of appropriate filing fees Discussion regarding filing fees for proposal Commission members discussed possible dewatering and abutter issues Mr Jacob notes utility companies are exempt from the Massachusetts Endanger Species Act The Conservation Commission was polled as to what level of filing required for proposal Ms Feltovic require RDA Mr McDonough require RDA. Mr Mabon require RDA Mr Lynch require RDA Mr Napoli require RDA Applicant asked to file RDA Small Project NACC#42,240 Marbleridge Road (Morgan) The applicant Kate Morgan was present Ms Hughes recommends approval as Small Project E/ G Require three (3) wetland markers along the 25-foot No-Disturbance around the pond No permanent fencing or impervious surfaces The Commission accepted the filing as complete without plans (photos submitted) A motion to ratify as a small project was made by Mr McDonough, seconded by Mr Lynch Unanimous A motion to accept the small project as E/G was made by Mr Masse, seconded by Mr Napoli Unanimous Enforcement Order Updates 642 Turnpike Street (Carroll) The applicant John Carroll and Abutters John Casey of 84 Innis Street and Amy M W Kwan- Chan & Ping Wai Chan of 26 Innis Street were present Ms Hughes recommends approval of the proposed restoration of 25-foot No-Disturbance zone and 50-foot No-Build zone according to the plan Ms Hughes also suggests monitoring for two growing seasons to be accompanied by 2 reports and photos and a requirement for a Small Project filing to stabilize the remainder of the 100 foot buffer zone Mr Masse stated that no progress has been made on the violation for almost 3 months and that if Mr Carroll were fined from the day of the violation May 21, 2008, fines would be $1,500 Ms Hughes stated there were two abutters' complaints today July 23, 2008 A site visit confirmed there was additional disturbance by heavy machinery on the lot Work was stopped There was disturbance of 4 to 5 feet onto the paper street (Innis) The site needs to be stabilized immediately with hay bales and silt fence The Conservation Commission discussed fines and agreed to issue fines of$100 per day until erosion control is installed, the property line is surveyed and staked, disturbed soils are seeded, all plant material for the restoration is on site and the first plant is in the ground All restoration work proposed on the submitted plan is to be completed in two weeks If restoration is not complete in two weeks fines continue retroactive to the day they ceased. A motion to issue the fine of$100 per day until the proposed task list is completed was made by Mr Masse seconded by Ms Feltovic Unanimous No Recess Public Hearings at: 9:25 P. M. Request for Determination of Applicability 163 Olympic Lane (Esterkes)(Bradford Engineering Company)(cont. from 7/9/08) The applicant Jeffrey Esterkes was present Ms Feltovic read the legal notice Ms Hughes states Mr West verified the wetland line and distances to proposed enclosed deck and deck addition all work is outside of 50-foot No-Build zone Issue a Negative 3 determination with requirement of 3 wetland markers along the 25-foot No-Disturbance zone, hand digging of Sono tubes, all stockpiling of materials outside 50-foot No-Build zone A motion to issue a negative determination#3 was made by Mr McDonough, seconded by Ms Feltovic Unanimous 50 Garnet Circle (Shaw) The applicants Mr & Mrs Shaw were present Ms Feltovic read the legal notice Ms Hughes recommends granting the waivers of 3-feet from the 50-foot No-Build zone to the Bordering Vegetated Wetland and the 75-foot No-Disturbance from the ephemeral pool for the proposed stairs and edge of deck Both existing house and stairs are within these zones Issue a negative determination# 3 with condition that structures remain pervious Mr Masse voted against issuing the waivers A motion to accept the waivers was made by Mr Napoli, seconded by Ms Feltovic Vote 5-0-1 A motion to issue a negative determination# 3 was made by Mr Napoli, seconded by Ms Feltovic Unanimous Notice of Intent(s) 242-1435, 69 Oakes Drive, (Carey)(New England Engineering Services, Inc.)(cont. from 7/9/08) The applicant Kristine Carey and Ben Osgood, Jr , of New England Engineering Services, Inc were present Ms Hughes confirmed the delineation as amended Special conditions to include wetland markers installed along the tree line every 25-feet on both the A-series and B-series 3 resource areas Allow natural revegetation of the 25-foot No-Disturbance zone north and east of wetland flags B6A-B6C Erosion control concerns were discussed Mr Osgood stated a swale would capture the water runoff along the stone wall and trees which would absorb runoff as well No abutters were present Mr Lynch stated the silt fence should be put around the wall so no water would travel to off site property need revised plan with erosion controls A motion to continue to August 13, 2008 meeting was made by Mr Napoli, seconded by Mr Masse Unanimous 242-1428, Lot 4N-A Turnpike Street(Merrimack Condominiums)(One Hundred Fourteen Trust)(Patrick C. Garner Company, Inc.)(cont. from 5/28/08)(Reguest to cant. to 8/13/08) A representative was not present Ms Hughes states the applicant requests a continuance to August 13, 2008 meeting Stormwater review by Eggleston Environmental is ongoing A motion to continue to August 13, 2008 meeting was made by Mr McDonough, seconded by Mr Masse, Unanimous 242-1431, O Pond Street (Stone House Realty Trust)(DeRosa Environmental Consulting Engineers,Inc.)(cont. from 6/11/08)(cont. from 7/9/08 The applicant James Nason and Michael DeRosa of DeRosa Environmental Consulting Engineering, Inc were present Ms Hughes confirmed required drainage changes were made and detailed on the plans Ms Hughes recommends requiring additional erosion controls Special condition to install wetland markers along the 25-foot No-Disturbance zone every 30- feet Mr Lynch discussed fill requirements and grading plan Mr Lynch requests tiered erosion control lines, one at base of fill and a second above the lower retaining wall Construction sequence requested for next meeting A motion to continue to August 13, 2008 meeting was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1436, 57 Christian Way (Zdroiewski)(New England Engineering Services, Inc.)(cont. from 7/9/08) Ben Osgood, Jr of New England Engineering Services Inc was present Ms Feltovic read the legal notice Ms Hughes recommends wetland markers along the 25-foot No-Disturbance zone Mr Osgood gave project description Mr Lynch noted a headwall and drainage easement on the property The Conservation Commission discussed a need for a barrier outside of the 25-foot No Disturb zone Fieldstone wall and post and rail fence were discussed A motion to continue to August 13, 2008 meeting for revised plans was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1437, 250 Farnum Street (Higgenbottom)(New England Engineering Services, Inc.)(cont. from 7/9/08) Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms Feltovic read the legal notice Ms Hughes recommends special conditions to require two-wetland marker in northern property corner and to require barn access to remain pervious Tree removal is not shown on the plan Ms Hughes recommends replanting after tree removal area is graded, with no planting required on or near the leaching field Mr Osgood stated the grading would be 63-feet from the resource area Also the applicant would like to keep access to barn for his boat with gravel driveway, loam and seed over, only Mr Lynch stated concern for pipe break-out with the 4 12-feet slope Discussion of system and driveway locations A motion to continue to August 13, 2008 meeting was made by Mr McDonough, seconded by Ms Feltovic Unanimous 242- , 32 Stonewedge Circle (Johnson)(Eugene T. Sullivan Consulting Engineer, Inc.) The applicant Norbert Johnson was present Ms Feltovic read the legal notice Ms Hughes states project proposal for expansion of an existing deck within the Buffer Zone to a Bordering Vegetated Wetland Require erosion control in the southeastern corner of the lot A motion to continue to August 13, 2008 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1319, 502 Winter Street (Lot 3A)(Kindred)(Marchionda Associates, L.P.) The applicant David Kindred and Kyle Vogt of Prudential Howe & Doherty Realtors and Jahn Barrows of Marchionda Associates, L P were present Ms Hughes recommends approval of the amendment to the Order of Conditions and allow for removal of large pine tree on the edge of the 25-foot No-Disturbance zone Mr McDonough stated dry set stone wall to be extended to flag 1-9 Fence of applicant's choice to extend to roadway to protect the resource areas New plan to be submitted A motion to continue to August 13, 2008 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1433,3 Boxford Street, 116 Ogunguit Road Water Line(Breen)(The Neve-Morin Group,Inc.)(cont. from 6/25/08) John Morin of The Neve Morin Group, Inc was present Ms Hughes states DEP satisfied with enforcement restoration Ron Stelline of DEP has no objection to issuance of an Order of Conditions for the water line Commission discussed dewatermg basin and insulation of the piping A motion to continue to August 13, 2008 meeting was made by Ms Feltovic, seconded by Mr Masse Unanimous Decision 242-1434, 991 Johnson Street Ms Hughes states the bond amount set at $1,000 A motion to accept the Order of Condition as drafted was made by Ms Feltovic, seconded by Mr Masse Unanimous 660 Great Pond Road (United Methodist Church)Decrease in work to be done under the RDA grading only. The Conservation Commission discussed the reduction in work in the buffer zone to grading only Negative determination still applies Ms Hughes will send letter of confirmation Unanimous A motion to adjourn the meeting at: 11:10 P. M. was made by Mr. Masse, seconded by Ms. Feltovic. Unanimous. 5