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Home My WebLink About2008-09-10 Conservation Commission Minutes ,(o SQL ot Conservation Commission MeetingMinutes � '� September 10, 2008 � �� y S Members Present: John J Mabon, Chairman, Sean F McDonough, Vice Chairman, Albert P Manzi, Jr , Scott L Masse, Louis A Napoli Members Absent: Deborah A Feltovic, Joseph W Lynch, Jr Staff Members Present: Jennifer A Hughes, Conservation Administrator, Donna M Wedge, Conservation Secretary Scott L. Masse arrived at the meeting at: 8:10 P. M. Meeting came to Order at: 7:20 P. M. Quorum Present. Pledge of Allegiance General Business 242-1186, COC Request, Chestnut & Rea Street (Peachtree Development, LLC)(Marchionda & Associates, L. P.) No one was present for the applicant Ms Hughes states additional submissions needed from applicant The applicant requests a continuance to 9/24/08 A motion to continue to September 24, 2008 meeting was made by Mr McDonough, seconded by Mr Manzi Unanimous 242-784, PCOC Request, Roadways at Abbott Village Estates (North Andover Land Corp.)(Haves Engineering Inc.) No one was present for the applicant Ms Hughes states a site visit is scheduled with Hayes Engineering for 9/15/08 to review replication areas There are deviations noted in the PCOC request related to volumetric capacity of constructed stormwater management areas The applicant requests a continuance to September 24, 2008 meeting A motion to continue to September 24, 2008 meeting was made by Mr Napoli, seconded by Mr McDonough Unanimous 242-1308,Extension Request, 1025 Osgood Street(Grasso,Great Pond Road Crossing, LLC)(MHF Design Consultants,Inc.)(cont. from 8/27/08) Christopher Tymula of MHF Design Consultants, Inc was present Ms Hughes states she met in the field with Norse Environmental and delineated the resource areas MHF will survey the new wetland line Ms Hughes recommends granting the extension request, as the Order of Conditions will expire by the next meeting Mr McDonough stated his preference for a fence around the entire site Mr Tymula stated the fence would cause more disturbance because the wetland line moved up about 50-feet closer to the project Mr Manzi stated the monitoring on the site needs to start again because there is still ground disturbance occuring Mr Tymula stated the head wall was installed two months ago and there was some silt because of the ground disturbance but the water is running very clean now Mr Manzi states his concerns for the sensitivity of this site because it is next to the Lake and the town's drinking water supply Ms 1 Hughes stated the site is kept very clean. The commission expressed its ongoing concerns for snow storage The applicant will need to work with the Ms Hughes to determine a guardrail/fence solution for the rear of the site A motion to issue the one-year extension with the requirement of monthly monitoring to resume until all work has been completed was made by Mr Manzi, seconded by Mr Napoli Vote 3-0-1 Small Project NACC#45, 81 Peachtree Lane (Lot 10) The Builder Kevin Brouillard of K M Brouillard Remodeling was present Mr Masse was recused Ms Hughes states the project is for stairs off an existing deck but there is a patio installed by the homeowner without a permit Mr Brouillard stated he did not install the patio and is here to install the stairs on the deck only Ms Hughes circulated photos The Conservation Commission asked Mr Brouillard to withdraw his application for small project and file an RDA for the patio, stairs and fence Mr Brouillard withdrew his application for the small project and agreed to file an RDA A motion to accept the withdrawal was made by Mr Manzi, seconded by Mr Napoli Unanimous Enforcement Order Updates 865 Great Pond Road No one was present for the applicant Ms Hughes states the Enforcement Order issued to Mr Baez required him to complete removal of tree cutting debris stumps branches ect from the resource area and purchase and place Wetland Resource Area markers on his property by 8/15/08 Ms Hughes reviews her efforts to communicate with the applicant The applicant has not been responsive and had told Ms Hughes that he was out of the country Mr Baez emailed that the tree removal had been completed This was confirmed Mr Mabon stated there has not been much communication between the applicant and Ms Hughes Mr Manzi made a motion to issue a second Enforcement Order requiring the site to be stabilized and resource area markers be placed by September 24, 2008 Fines of$300 per day will be issued if the work is not complete by September 24 The motion was seconded by Mr Masse Unanimous 242-1052, 492 Sutton Street (Curley Construction)(Christiansen & Sergi, Inc.)(cont. from 8/27/08) No one was present for the applicant Ms Hughes updated the commission on the pavement removal and erosion controls being installed on the site One more signature is needed on the Enforcement Order form 242-898, 400 Willow Street (Lot 4 & Lot 5)(Channel Building Company)(MHF Design Consultants, Inc.) Steven Foster of Dutton& Garfield, Inc was present for the applicant Ms Hughes states that the detention basin on the property was not constructed as proposed and cannot receive a COC The Order of Conditions is expired and Dutton & Garfield would like to reconstruct the basin under an Enforcement Order Photos were shown to the commission Ms Hughes states that an engineer should rerun the calculations on the basin as constructed to determine if it functions properly before repairs are made The commission agreed that the calculations should be done and submitted to the commission first and that erosion control should be reestablished if work is required An October 15 deadline was given for the work A motion to issue an Enforcement 2 Order to allow work within the dention basin was made by Mr Manzi, seconded by Mr Masse Unanimous 25 Mill Road/920 Turnpike Street(Russo) No one was present for the owners Ms Hughes states that a violation was reported by Mr Manzi and a cease and desist letter was issued to the Mill Road residents for unauthorized dumping on the Turnpike Street property The letter requires the applicant to remove a brush and grass clippings pile and discontinue the activity in the buffer zone to a Bordering Vegetated Wetland Mr Manzi summarized his observations on site The North Andover Police Department also issued a cease and desist A motion to ratify the Enforcement Order was made by Mr McDonough, seconded by Mr Napoli Unanimous No Recess Public Hearings: 8:45 P. M. Notice of Intent(s) 242-1440, 1430 Great Pond Road (Muldoon)(Merrimack Engineering Services, Inc.) The applicant Mr Gary Muldoon and Leah Basbanes of Basbanes Associates were present Mr Masse read the legal notice Ms Hughes states the proposal is to enclose an existing deck and install three new concrete foundation sonotubes The existing house and deck are within the 50- foot No-Build zone Ram barrels are proposed to infiltrate roof run-off The wetland line was reviewed and revised Ms Hughes recommends restoration of a portion of lawn that 1s actually Bordering Vegetated Wetland and establishing a vegetated buffer zone Mr McDonough and Ms Basbanes discuss wavier requests They have been submitted Mr Manzi states his support for the ram barrels to control roof run-off Mr Muldoon states the work is going to be all done by hand no equipment would be used on the property and all work would be staged from the driveway Mr Manzi requests that fertilizer with no more than 5% of nitrogen be used in the watershed Mr Muldoon agrees The commission will require the square footage of the mitigation area and wants a 5 to 8-foot buffer to the wetland A motion to continue to September 24, 2008 for revised plans was made by Mr Manzi, seconded by Mr Masse Unanimous 242-1439, 60 Willow Street (Rohm & Haas Electronic Materials)(BSC Group, Inc.)(Request to cont. to 9/24/08) No one was present for the applicant Ms Hughes states the applicant is requesting a continuance to September 24, 2008 meeting A motion to continue to September 24, 2008 meeting was made by Mr Manzi, seconded by Mr Masse Unanimous 242-1428, Lot 4N-A Turnpike Street(Merrimack Condominiums)(One Hundred Fourteen Trust)(Patrick C. Garner Company,Ine.)(Request to cunt. to 9/24/08) No one was present for the applicant Mr Masse states the applicant should withdraw because there has been nothing happening for an extended period of time The applicant will have to re- notify abutters The commission discusses stormwater review issues and states that the applicant should complete their review with Lisa Eggleston The applicant had requested to meet with members of the Conservation Commission but the commission feels it is up to the applicant to 3 design their stormwater management plan A motion to require re-notifying abutters was made by Mr Masse, seconded by Mr Manzi A motion to continue to October 8, 2008 meeting was made by Mr Manzi, seconded by Mr Napoli Unanimous Decision NACC#43 22 Thistle Road No one was present for the applicant Ms Hughes reviews the special conditions with the commission A motion to accept the Order of Conditions as drafted was made by Mr Manzi, seconded by Mr Napoli Mr Masse abstained from voting Vote 4-0-1 Discussion 975 Forest Street Ms Hughes states the applicant would like to install an above ground pool within the Buffer Zone to 75-foot within vernal pool The Conservation Commission stated if alternative locations for pool exist, they should be utilized A motion to adjourn the meeting at: 9:30 P. M. was made by Mr. Manzi, seconded by Mr. Napoli. Unanimous. 4