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HomeMy WebLinkAbout2008-08-27 Conservation Commission Minutes Conservation Commission Meeting Minutes X-1 August 27,2008 VrPf. Members Present: John J Mabon, Chairman, Albert P Manzi, Jr , Joseph W Lynch, Louis A Napoli Members Absent: Sean F McDonough, Vice Chairman, Deborah A Feltovic, Scott L Masse Staff Members Present: Jennifer A Hughes, Conservation Administrator, Donna M Wedge, Conservation Secretary Mr. Henry Fink an abutter to Boston Hill filing was present. Meeting came to Order at: 7:05 P. M. Quorum Present. Pledge of Allegiance General Business 242-1308,Extension Request, 1025 Osgood Street (Grasso, Great Pond Crossing, LLC)(MHF Design Consultants, Inc.) Christopher Tymula of MFH Design Consultants, Inc was present Ms Hughes states this is the first extension request The Order of Conditions permits the construction of a 3-story retail/office building on the old Treadwell's site The site is constructed and stabilized Monitoring has been discontinued with approval of Mark West A current as-built and list of outstanding work is presented by MHF Design The file indicates annual stormwater maintenance reports have not been submitted The 25-foot No-Disturbance zone still needs markers and meadow is being mowed up to the wetland line possibly off site The newly constructed drainage swale needs maintenance Ms Hughes recommends an extension for one year to take care of outstanding issues Mr Lynch stated the additional parking was not to be constructed without a modification request No-Salt &No-Snow Stockpiling areas need to be marked on the site per the Order of Conditions The mowing of the meadow is the abutter at 1003 Osgood Street Mr Mabon states that before an extension request can be granted the area shall be re-flagged Mr Manzi stated the monitor on site never mentioned any of the modifications Monitoring reports should mention any deviations from the Order of Conditions Mr Lynch notes that monitoring of the stormwater system is requirement for two years when system goes on line This has not been done Mr Tymula states that installation of the stone head wall was just done recently and is the reason for sediment in this area A motion to require a modification for the changes that have been made to the site was made by Mr Manzi, seconded by Mr Napoli Mr Lynch requested discussion on the motion Mr Lynch requested that outstanding issues be corrected before granting a one-year extension A motion to withdraw the previous motion was made by Mr Lynch, seconded by Mr Napoli Unanimous A motion to continue the September 10, 2008 meeting was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1264,Extension Request,Town Common Proiect(Town of North Andover)(DPV)(MA Highway) No one was present for the applicant Ms Hughes states Gene Willis is on vacation He has submitted an updated construction sequence that shows work to be finalized in October Ms Hughes has been on-site to monitor with Arrow Environmental There have been issues with deteriorating erosion controls and stockpiling near wetlands All concerns have been addressed promptly and there are no impacts Recommend one-year extension A motion to issue a one- year extension was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1186, COC Request Chestnut & Rea Street, (Peachtree Development LLC)(Marchionda & Associates,L. P.)(Reguest to cant. 9/10/08) No one was present for the applicant A motion to continue to September 10, 2008 meeting was made by Mr Manzi, seconded by Mr Napoli Unanimous 242-1376,Bond Modification, 1275 Turnpike Street (Boston Hill LLC)(Marchionda & Associates, L.P.) Paul Marchionda of Marchionda& Associates, L P was present Ms Hughes states the applicant is seeking a modification to phase the bond requirement in the Order of Conditions The applicant is proposing to do only Phase 1 work which includes demolition of existing buildings and the removal of a discharge pipe The applicant has provided a list of construction tasks and plans The erosion controls would be established per Phase 1 Plan No slope disturbance or construction will be conducted under the Phase 1 proposal The applicant is considering an alternative proposal for the site that would abandon the previously proposed development on Boston Hill Mr Marchionda proposes a bond amount of$2,000 is for Phase 1 The balance would be paid for second phase if the project proceeded under the current OOC This Order of Conditions will expire 1/25/2010 The applicant would file an amendment or a new Notice of Intent if there were a project change The applicant is required to do site work by October of 2008 because they received their last extension from the Planning Board Mr Marchionda stated the property might be sold to another company that wants build an extended health care facility Mr Manzi stated $2,000 is not sufficient for demolition of the exiting building and amenities on site Possible mistakes would cost significantly more for the town to repair Mr Manzi proposes a bond amount of$10,000 Mr Marchionda agrees on behalf of the applicant The applicant will submit a construction sequence and plan The site would stabilize before the winter Foundation and utilities will not be removed Mr Marchionda states water and sewer will be cut and capped A motion to grant a modification to the bond requirement in the amount of$10,000 was made by Mr Lynch., seconded by Mr Napoli Unanimous Recess 2:00 minutes Public Hearings: 8:00 P. M. Request for Determination of Applicability 131 Cotuit Street,(Iacpoviello) The applicant Mr Vito Iacpoviello was present 1Vlr Manzi read the legal notice Ms Hughes states that a portion of the block retaining wall has collapsed and other portions of the wall are 2 leaning toward the wetland Photos were provided The area of collapsed is just outside of 50- foot No-Build zone There are no wetland impacts as a result of the collapse The contractor intends to repair the wall and reinforce other portions from the upland backyard The wetland line has been refreshed from previous filing and is accurate Mr Iacoviello stated the wall would be repaired by hand with small machinery to get the gravel to the wall Applicant estimates approximately one week of work Mr Lynch states need to discuss project with abutter because contractor may need to use neighbor's property for access There was discussion regarding the need for an NOI The commission discusses the need to get this repair done quickly Mr Manzi states all this work to be done by November of 2008 Mr Iacoviello stated the contractor would be Peter Breen Mr Napoli stresses the importance of proper construction including a base of 1 1/2" stone Mr Lynch recommends phasing the wall repair so that no more than 20' of the wall is taken down at one time Applicant will work with the administrator on a planting plan A preconstruction meeting and monitoring by Ms Hughes will be required A motion to issue a negative determination was made by Mr Manzi, seconded by Mr Lynch Unanimous Notice of Intent(s) 242-1439, 60 Willow Street, (Rohm & Haas Electronic Materials)(BSC Group, Ine.)(cont. from 8/13/08)(Reguest to cont. 9/10/08) No one was present on behalf of the applicant Ms Hughes states the applicant does not wish to post escrow account for stormwater review Rohm& Haas is not able to make more expensive stormwater upgrades at this time and may abandon the project A motion to continue to September 10, 2008 meeting was made by Mr Manzi, seconded by Mr Napoli Unanimous NACC#43,22 Thistle Road (Carr)(New England Engineering Services, Ine.)(cont. from 8/13/� Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms Hughes states the revised plans have been submitted showing area to be revegetated and proposed loam stockpile area Ms Hughes recommends that the construction access be determined and that erosion controls should extend up the sides of the lot approximately 20-feet, and contain the loam stockpile The square footage of the mitigation planting area is 1080 s f according to New England Engineering Ms Hughes states the vernal pool should be certified Mr Osgood confirms that construction access will be on the right side of the house Screening plantings will be provided between the pool and the abutter The Commission requests that they approve the certifier of the vernal pool A motion to close and issue a decision within 21 days was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1428,Lot 4N-A Turnpike Street (Merrimack Condominium)(One Hundred Fourteen Trust)(cont. 8/27/08)(Reguest to cont. to 9/10/08) No one was present on behalf of the applicant Ms Hughes updates the Commission on the status of Lisa Eggleston's review Mr Garner has requested a meeting with Lisa,the administrator, Mr Lynch and any other interested commissioners Mr Lynch believes it is premature to meet and that the applicant should continue to work with Ms Eggleston 3 Discussion 43D Regulations Town of North Andover Ms Hughes states that the only property affected would be 1600 Osgood Street at this time Curt Bellavance Director of Community Development Offices would be working with all the Commissions &Boards Ms Hughes states that issued Orders would be valid for 5 years There is discussion of the Technical Review Committee that would set up The Commission discusses how the 43D process would work with the WPA issuance requirements Applicants may need waivers to the 21 day issuance requirement Mr Manzi states the Commission will require third party review of stormwater by Eggleston Environmental Mr Mabon will meet with the Director of Community Development on this issue 2009 Meeting Schedule A motion to accept the 2009-meeting schedule as presented was made by Mr Manzi, seconded by Mr Lynch Unanimous A motion to adjourn the meeting at: 9:15 P. M. was made by Mr. Manzi, seconded by Mr. Napoli. Unanimous. 4