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Home My WebLink About2008-12-03 Conservation Commission Minutes Ok Conservation Commission Meeting Minutes December 3, 2008 Members Present: Sean F McDonough, Chairman, Scott L Masse, Deborah A Feltovic, Louis A Napoli Members Absent: John J Mabon, Chairman, Albert P Manzi, Jr, Joseph W Lynch, Jr Staff Members Present: Jennifer A Hughes, Conservation Administrator, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:10 P. M. Quorum Present. Pledge of Allegiance General Business 242-1396,350 Holt Road (Crusader Paper)(New England Engineering Services, Inc.)(cont. from 11/19/08) No one was present on behalf of the applicant Ms Hughes states the applicant requests a withdrawal of the COC request The detention basin is not yet stabilized and the applicant will need to come back in the spring or summer of 2009 for COC request after vegetation has been established A motion to accept the withdrawal of COC request was made by Mr Masse, seconded by Mr Napoli Unanimous 242-1345, COC Reguest, 1915 Great Pond Road (Lot 1)(Pelich)(New England Engineering Services Ine.)(cont. from 11/15/08)(Reguest to cont. to 12/17/08) No one was present on behalf of the applicant Ms Hughes states the applicant was unable to attend tonight's meeting and requests a continuance to the December 17, 2008 meeting, A motion to continue to December 17, 2008 meeting was made by Mr Napoli, seconded by Mr Masse Unanimous 242-1432, COC Reguest,,28 Stonewedge Circle (Sullivan)(Eugene T. Sullivan Consulting Engineers, Inc.) No one was present on behalf of the applicant Ms Hughes states the site is stable with no threat of erosion There are more sono tubes supporting the deck than the seven approved under the OOC Mr Napoli states there are 9 sono tubes A motion to issue the COC and bond release but include there were 9 sono tubes installed was made by Mr Napoli, seconded by Ms Feltovic Unanimous 242-1337,Extension Request& Partial Bond Release,Old Salem Village (Key-Lime, Inc.)(Hayes Engineering, Inc.) The applicant Benjamin C Osgood, Sr and lawyer Howard P Speicher of Davis Malm& D' Agostine, P C Attorneys at Law were present Ms Hughes states the erosion controls are in place and that the detention basin was constructed smaller than approved under the OOC but is functioning well Some of the houses have been rotated but are constructed outside the 50-foot 1 No-Build zone Catch basins have been cleaned throughout the subdivision and the site is very clean All drainage facilities have been maintained and the roadway binder is installed Mr Speicher presents the project and the construction timeline Mr Napoli is pleased the 50-foot No- Build is being maintained but modifications must be submitted prior to any changes Mr Napoli warns the applicant to submit modification before requesting final COC Mr Masse states the local bylaw allows the Conservation Commission to issue only 1-year extensions and that the WPA extension should be granted for the same time period Ms Hughes states drainage reports will need to be reviewed The NACC discusses the amount of bond money to be released NACC agrees no more than half of the bond should be released Mr McDonough asks if PCOCs have been issued None have as the units are condominiums and the property is considered one lot A motion to issue a partial bond release of$27, 500 00 only was made by Ms Feltovic, seconded by Mr Napoli Unanimous A motion to issue a 1-year extension was made by Mr Masse, seconded by Mr Napoli Unanimous 242-158,PCOC Request 35 Blueridee Road (Lot 23-B)(Bush)(Morris, Rossi and Hayes)(Request to cant. to 12/17/08) No one was present on behalf of the applicant Ms Hughes states the applicant requests a continuance to December 17, 2008 meeting A motion to continue to December 17, 2008 meeting was made by Ms Feltovic, seconded by Mr Masse Unanimous 242-1392,PCOC Request & Partial Bond Release (Carroll)(Merrimack Engineering Services,Inc.) The applicant John Carroll of Real Estate Services was present Ms Hughes states the house was built smaller than approved and farther from wetland resource area and Riverfront of Mosquito Brook There is a brush pile within the buffer zone Ms Hughes states the some of the wetland flags remain in the field No construction has been started Lot 15-2 only site clearing Mr Carroll proposes to move the brush to lot 15-2 until 1t can be removed off site Mr Carroll states the 810 Salem Street the house is unoccupied due to poor housing market and will wart to construct the 2nd house on lot 15-2 A motion to issue the PCOC was made by Mr Napoli, seconded by Ms Feltovic Unanimous The applicant John Carroll stated that he requested a partial bond release A motion to issue a partial bond release in the amount of$3,000 with an additional $1,000 to be released when brush pile is removed from buffer zone and Riverfront was made by Mr Napoli, seconded by Ms Feltovic Unanimous NACC#43, Modification Request,22 Thistle Road (Carr)(New England Engineering Services, Inc.)(Request to cont. to 12/17/08) No one was present on behalf of the applicant Ms Hughes states the applicant is unable to be present and requests a continuance to the December 17, 2008 meeting A motion to continue to the December 17, 2008 meeting was made by Mr Masse, seconded by Ms Feltovic Unanimous 242-1346, Extension Request, 1160 Great Pond Road (Brooks School)(Rist-Frost-Shumway Engineering, P. C. ) No one was present on behalf of the applicant Ms Hughes states the School is continuing fundraising for the hockey rink expansion Construction has not commenced Mr Masse asks if the extension requests was submitted in the appropriate timeframe Ms Wedge confirms A 2 motion to issue a 1-year extension was made by Ms Feltovic, seconded by Mr Napoli Unanimous NACC#27, COC Request, 80 Holly Ridge Road (Marroni)(Haves Engineering, Inc.)(Request to cont. to 12/17/08) No one was present on behalf of the applicant Ms Hughes states the applicant requests a continuance to the December 17, 2008 meeting A motion to continue to the December 17, 2008 was made by Mr Masse, seconded by Ms Feltovic Unanimous 242-1186, COC Request, Chestnut & Rea Street(Peachtree Development, LLC)(Marchionda & Associates L. P.)(Reguest to Cont. to 12/17/08) No one was present on behalf of the applicant Ms Hughes states the applicant requests a continuance to December 17, 2008 meeting The NACC is unable to vote due to lack of quorum on the issue Mr Masse is a property owner in the development Enforcement Order(s) 242-1232, Ratification, 1003 Osgood Street(Osgood Properties, LLC-John Grasso) No one was present on behalf of the applicant Ms Hughes states the Enforcement Order is for placement of fill within bordering vegetated wetland and buffer zone The EO will rquire the owner to have the violation delineate the area and assess the impacts A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1052,Discussion 492 Sutton Street ((Gianguitto)(Christiansen & Sergi, Ine.)(cont. to 12/_ 17/08) No one was present on behalf of the applicant Ms Hughes states NACC needs to discuss fines issued to the owner however a quorum is not present to take a vote A motion to continue to December 17, 2008 meeting was made by Ms Feltovic, seconded by Mr Masse End of North Main Street(Greater Lawrence Sanitary District) Richard Hogan of the Greater Lawrence Sanitary District and Leonard J Degnan, Jr Commission Board Member were present Mr Degnan explains the reason GLSD began the excavation of the sewer easement without contacting the Conservation Department Previous sewer line failures due to missing bolts have occurred and this section of line needs to be inspected The GLSD representatives now realize this should not have been done without notifying the NACC Mr McDonough states all the piping is within the roadway, which gets flooding by the Merrimack River Mr Degnan states this is high pressure piping which needs to be maintained on a yearly basis which has not occurred in many years The NACC discusses alternative methods to locate the manhole covers The NACC states an RDA or NOI should be filed if access to the line is needed NACC and GLSD discuss need for O & M Plan A motion to issue an Enforcement Order to allow applicant to reassess impacts of clearing and propose remediation/restoration if necessary by June 1, 2009 was made by Mr McDonough, seconded by Ms Feltovic Unanimous No Recess Public Hearings: 8:20 P. M. 3 Notice of Intent (s) 242- , 575 Winter Street (Lind)(Hancock Associates)(Request to cont. 12/17/08) No one was present on behalf of the applicant Ms Hughes states the applicant requests a continuance to the December 17, 2008 meeting A motion to continue to the December 17, 2008 meeting was made by Ms Feltovic, seconded by Mr Masse Unanimous Decision 242-1443,Berry Street(Lot 5)(Brooks) No one was present on behalf of the applicant The NACC reviewed the order prepared by the Administrator A motion to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Napoli Vote 3-0-1 Mr Masse abstained from voting A motion to adjourn the meeting at: 8:30 P. M. was made by Mr. Napoli, seconded by Ms. Feltovic. Unanimous. 4