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HomeMy WebLinkAbout2005-12-14 Conservation Commission Minutes Conservation Commission Meeting Minutes December 14,2005 Members Present: Scott L Masse, Chairman, and Albert P Manzi, Jr, Joseph W Lynch, Jr, John J Mabon, Deborah Feltovic, Sean F McDonough, and Louis A Napoli Staff Members Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Sean F. McDonough arrived at 7:15pm Meeting Came to Order at: 7:08pm Quorum Present. Pledge of Allegiance General Business NACC # 16 Partial Bond Release,Monican Boulevard (Merrimack College)(Wetland Preservation,Inc.) James Bolduc of Wetland Preservation, Inc was present Ms Merrill stated and Order of Conditions was issued for the realignment of Monican Boulevard to improve traffic flow at Merrimack College. Portions of the work was conducted within 100-feet to an Isolated Vegetated Wetland,jurisdictional under the North Andover Wetland Protection Bylaw only The Order of Conditions required the applicant to restore approximately 7, 768 s f of the 25- foot No-Disturbance zone as compensation allowing work within the area The plants were installed during summer of 2004 Wetland Preservation, Inc , was retained to monitor the buffer zone restoration plantings for two (2)full growing seasons, and has submitted 3 of the 4 seasonal monitoring reports(Fall 2004, Spring 2005, Fall 2005) submitted subsequent monitoring reports To date, all work approved under the Order has been completed On behalf of their client, Robert Coppola(Merrimack College), Wetlands Preservation, Inc , is requesting a partial bond release of$5,000 of the $ 1 OK bond Our files indicate that there has not been any performance bond money release to date I conducted a site visit on Monday, December 5, 2005, which revealed the plantings were healthy, with no sign of stress Wetland Preservation, Inc will continue to monitor the restoration area for last growing season(spring of 2006), and submit subsequent monitor reports to the North Andover Conservation Commission Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Louis Napoli A motion to issue a partial bond release of$ 5,000 was made Mr Lynch, seconded by Ms Feltovic Unanimous 242-1099,Extension Request, Boston Ski Hill(Mesiti Development) No one was present Ms Merrill stated Mesiti Development is seeking a one-year extension for the project's Order of Conditions The Order of Conditions expired on March 2, 2005 An extension was granted last year Therefore, this will be the last extension that can be granted before the applicant has to re-file a new Notice of Intent The project consists of a development of 96 age-restricted townhouses condominium units at the Boston Ski Hill area with associated appurtenances and stormwater drainage structures Portions of the development will take place within the Buffer Zone to a Bordering Vegetated Wetland and within Riverfront Area 1 associated to Boston Brook Portions of the buildings 8-10 will be located to an Isolated Vegetated Wetland jurisdictional only under the North Andover Protection Wetland Bylaw In addition, hiking trails will also be created within the Buffer Zone to both to a Bordering Vegetated Wetland and Isolated Vegetated Wetland Ben Famum filed appeal against the developer and the Planning Board's decision in June of 2002 This project has been in litigation for the last 3 years, therefore, work has not commenced Conservation staff and Mark West, of West Environmental, Inc , had conducted a thorough site walk throughout the entire site on April 21, 2005 and April 22, 2005 when hydrology conditions were at its peak(winter snow melt and spring rains) Based on our inspection then the wetland boundary was consistent with the originally approved plan and there no new wetland systems identified Mr Lynch stated this is still in litigation Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to issue a one-year extension to March 6, 2007 was made by Ms Feltovic, second by Mr Manzi Unanimous 242-1320, Modification,35 Holly Ridge Road (Sachs)(cont. from 11/2/05) No one was present Mr Masse stated has anybody heard from the applicant Ms Merrill stated no have not heard from the applicant at all Scott Masse,Albert Manzi, Joseph Lynch, John Mabon,Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to deny the modification was made by Mr Mabon, seconded by Ms Feltovic 4 to 3 vote Mr Manzi abstained from voting, Mr Lynch abstained from voting, and Mr Napoli abstained from voting 242-1227, Modification & COC Request, 129 Cotuit Street(Saraceno Construction) The applicant Steven Saraceno was present Ms Merrill stated the Order of Conditions was issued on January 15, 2004 for the razing of an existing single-family dwelling in order to construct a 2-unit condo with associated decks, appurtenances and grading within the Buffer Zone to a Bordering Vegetated Wetland The applicant retained The Neve-Morin Group, Inc , as the environmental monitor and reports were submitted throughout the construction The Neve-Morin Group, Inc , certified that the work was completed in accordance with the approved plan with the exception of a few modifications made by the new homeowners Specifically, 2 built-in storage areas were placed along the rear facade of each unit(both outside the 50-foot No-Build zone), a swing set with associated pea stone play area and gravity block retaining wall was also constructed These items are located outside of the 25-foot No- Disturbance zone and portions of it are located outside of the 50-foot No-Build zone The applicant is requesting a modification for these items It is in my opinion the placement of the pea stone, wall and swing set will not have any adverse impacts on the adjacent wetland Mr McDonough stated how close is the retaining wall9 Ms Merrill stated the wall is at the closest point 33-feet away from the 25-foot No-Disturbance zone Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to issue the modification was made by Mr Manzi, seconded by Ms Feltovic Unanimous A motion to issue the COC and bond release was made by Mr Manzi, seconded by Ms Feltovic Unanimous 2 242-1338,Modification, 107 Stage Coach Road (Dimartino)(New England Engineering Services,Inc.) No one was present Ms Merrill stated an Order of Conditions recently issued November 7, 2005 for installation of a patio, walkway, and retaining wall and landscaping within the Buffer Zone to a Bordering Vegetated Wetland The applicant is seeking a modification from the record plan to incorporate a brick, semi-circle driveway along the northern portion of the property as shown on the plan entitled, "Site Plan" dated September 15, 2005 This will be in addition to the existing driveway This work is proposed is entirely outside of 50-foot No-Build zone with portions of the driveway outside the 100-foot Buffer Zone Based on proposed location and material used for the driveway(pervious), it is my opinion that will not have adverse effects to the adjacent Bordering Vegetated Wetland Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to issue the modification new record plan November 21, 2005 was made by Mr Lynch, seconded by Mr Napoli. Unanimous. 242-1341,Modification,2 Blueberry Hill Road(Furlong) No one was present Ms Merrill stated this modification is for changing the bond amount from $ 2,500 to $ 1,500 Mr Manzi stated for restoration it is$ 3 00 per foot Mr McDonough stated the applicant coming back to us with modification for the walkway Ms Merrill stated they might in the future if they can get the walkway outside to 50-foot No-Build zone Scott Masse, Albert Manzi,Joseph Lynch,John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to set the bond amount at $ 1,500 was made by Mr Manzi, seconded by Mr McDonough Unanimous 242-1145, COC Request Foster Street-Woodchuck Hill Substation (New England Power Company)(cont. from 11/16/05) Daniel McIntyre of New England Power Company National grid was present Ms McKay stated the preliminary plans were received for review Joseph Tauper, P L S, completed the Conservation Restriction plan of Tauper Land Survey The plan is 60 scale, which is the same as the approved plan Woodchuck Hill Plan Important details such a topography, tree lines were excluded on the Conservation Restriction Plan This should be included Staff also suggests including a locus on the plan(show example Conservation Restriction plans) in general, the proposed limits of the Conservation Restriction area in the location as previously discussed, with a few exceptions (to be explained) Staff does suggest that the Conservation Restriction be extended to the Woodchuck Hill access drive upgradient to wetland flags 5-127 and continue west along the access drive to Foster Street to provide means of public access The Conservation Restriction as currently proposed would provide no access from Foster Street without crossing a wetland area Limits of property boundaries/Conservation Restriction limits are unclear to the rear of the portion of the site Mr Manzi stated this property should not be open to the public because there are vernal pools in this area There should be an easement of right away to the property to inspect the vernal pools Mr Lynch when the gas pipeline went thru this area I thought this area is gated with locks Vest Way trials are now locked gates there Mr Masse stated this needs to be sent to Town Counsel Thomas Urbelis and contact Paige Graenry National Grid Lawyer and let them work out the details on this project Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis 3 Napoli A motion to continue to January 11, 2006 meeting was made by Mr Manzi, seconded by Mr Napoli Unanimous 242-1059,40 Booth Street (Ouality Realty Trust)(Basbanes)(cont. from 11/16/05)Reguest to cont. to 12/18/05) No one was present Ms Merrill stated at the last meeting, it was determined that an as-built plan was required as part of the Certificate of Compliance request The applicant's representative has submitted a request to reconsider the vote to waiver the as built The applicant has requested reconsideration to waiver the as-built plan The applicant is requesting a continuance to the meeting of 12/28/05 due to scheduling conflicts Mr Masse stated did we deny the waiver at the last meeting and continued to meeting December 14, 20059 Ms Merrill stated yes the Commission denied the waiver and continued to the meeting on December 14, 2005 Scott Mass, Albert Manzi,Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to continue to January 11, 2006 meeting to require as-built plans be submitted was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1246,COC Request,316 Johnson Street (Reilly)(Meisner Brem Corporation) No one was present Ms Merrill stated an Order of Conditions issued on June 15, 2004 for construction of a 3-stall garage, kitchen extension, mudroom front and rear porches, new driveway, sewer connection, and associated grading and landscape within the Buffer Zone to a Bordering Vegetated Wetland and intermittent stream Portions of the grading and landscaping were proposed within the 25-foot No-Disturbance zone As such,the applicant was required to plant 12 shrubs within the 25-foot No-Disturbance zone as compensation The applicant was required to hire an Environmental Monitor to oversee the construction West Environmental, Inc , was retained as the Environmental monitor reports were submitted throughout construction There were minor modifications made during construction The as-built plan shows the original approved plan (thick, light blue lines)with an overlay of the as-built conditions (thin darker blue lines) Specific modifications include the configuration of the front and rear patios, the edge of pavement along the left side of the house, and the configuration of the driveway to the far right were made smaller than proposed Pea stone was used on this driveway in lieu of pavement The erosion controls were recently removed under the direction of the Conservation Department A site inspection was conducted on Thursday, December 1, 2005 All areas appeared well stabilized with no evidence of erosion on site The Wetland Markers were posted along the 25-foot-No-Disturbance zone Measurements were taken in the field and were consistent with the as-built plan Mr Manzi stated these as-built plans are to busy the Commission would require much clearer as-built plans these plans are junk Scott Mass,Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to continue to December,28, 2005 meeting requiring revised as-built plans was made by Ms Feltovic, seconded by Mr Mabon Unanimous 4 242-1118, COC Request,345 Candlestick Road (Miller)(Hancock Environmental Consultants) No one was present Mr John Dick could not be present because conflict with other meeting Ms Merrill stated and Order of Conditions was issued on February 28, 2002 for construction of an in-ground pool, patio and fence with associated grading and landscaping within the Buffer Zone to a Bordering Vegetated Wetland Hancock Environmental Consultants was retained as the project's Environmental Monitor and reports were submitted throughout the construction The original approved plans were modified in order to reconfigure the pool Julie Parrmo approved this in house in 2002 A site inspection was conducted on Tuesday November 29, 2005 All areas appeared stable with no sign of erosion noted The as-built plans were consistent with both the field inspection and most recent approved plan Measurements were taken in the field and were confirmed to meet the 50-foot No-Build zone Scott Masse, Albert Manzi, Joseph Lynch,John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to issue the COC and bond release was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1157, COC Request,Eastside Interceptor Sewer(DPW)(Guertin Elkerton Associates) David Press of Guertin Elkerton was present Ms Merrill stated this Order of Conditions was issued in August of 2002 for replacement of 2K I F of sewer pipe line, the installation of 1,800 I F of new sewer pipe and to install 21 precast sewer main housings within the Buffer Zone associated with Bordering Vegetated Wetland and Riverfront associated to Cochichewick Brook As part of the Order, the applicant was required to re-vegetate all disturbed areas within 50-foot No-Build zone of the Bordering Vegetated Wetland, specifically along Route 125/Checkering Road near the overpass A $10,000 performance bond was posted The applicant retained Terry Gensel, Guertin Elkerton&Associates as the environmental monitor Reports were submitted during construction An inspection was conducted on Monday, December 5, 2005 All disturbed areas were stable with no evidence of erosion Some of the shrubs along Walker Road appeared to have been recently chewed by deer, as evidence by large amount of footprints Overall,they appeared to be doing well with little or no stress The erosion control in this area is still in place I have contacted David Press, of Guertin Elkerton Associates to inform him that they must be removed He asked the contractor to remove them as soon as possible This should remove prior to issuance of a COC Mr Press stated the erosion controls have been removed on Walker Road The Commission required the Department of public works to file a whole new filing for the bridge project 242-1197 Mr Lynch stated this was a bad project from the start Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to issue the COC and bond release was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1329, COC Reguest, 1365 Salem Street(Doherty)(New England Engineering Services, Inc. No one was present Ms Merrill stated the Order of Conditions was issued in September 2005 for the replacement of a failed septic system within the Buffer Zone to a Bordering Vegetated Wetland As part of the Order, wetland markers were adequately posted in the field The erosion controls have been removed,per staff since the disturbed areas were stable with grass and no sign of erosion An inspection was conducted on Wednesday, December 7, 2005 at which time all areas appeared stable Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, 5 Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to issue the COC and bond release was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1319, Modification, Winter Street (Gaglione) No one was present Ms McKay stated the modification is to make language change to the Order of Conditions The language pertaining to the requested waiver for the location of the driveway The North Andover Conservation Commission granted the applicant a waiver for the driveway, of which portions lie within the 50-foot No-Build zone,the Order of Conditions shall include this language Scott Masse, Albert Manzi,Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to issue the modification with language change was made by Mr Mabon, seconded by Ms Feltovic Unanimous No Recess Public Hearings 8:05pm Request for Determination of Applicability 316 Stevens Street(Osgood)(Hancock Environmental Consultants) The applicant Robert& Karen Osgood and Steven Breen was present Mr McDonough read the legal notice Ms Merrill stated and RDA has been filed for the razing of and existing single-family dwelling in order to construct a new house with attached garage The applicant is proposed an increase in the foundation footprint, however due to the existing topography,there are no grade changes proposed The applicant will be able to build foundation into the existing topography, similar to how the house sits now In October of 2005 I was asked to conduct a preliminary review of this site to determine if there were wetlands within 100-feet of the single- family dwelling My inspection revealed there is an offsite Bordering Vegetated Wetland with associated intermittent stream that traverses along the rear property line The wetland was measured greater than 150-feet from the project site Additionally,there's and existing drainage ditch that's lined with stone riprap across Stevens Street The ditch facilitates water runoff from Stevens Street to an adjacent Bordering Vegetated Wetland that fall within 100-foot Buffer Zone It's my understanding that the Department of public works maintains this ditch from debris and vegetation on a regular basis The Bordering Vegetated Wetland was delineated in the field and confirmed The way the house and the Stevens Street(crowned) are situated,the Bordering Vegetated Wetland appears to be higher than the existing foundation Therefore it would be impossible for this wetland to be impacted by the development of this house Furthermore, there is a retaining wall that exists parallel to the roadway and stands several feet tall in various locations The proposed dwelling will not be constructed any closer to the wetland than currently exists Karen Osgood stated change the driveway part of it comes of Pleasant Street we would like to rip out the hot top and plant grass in this area to make larger yard The Conservation Commission needs revised plans showing any work that wants to be done also increase haybales and silt fence around sensitive areas Scott Masse,Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to continue to December 28, 2005 meeting for revised plans was made by Ms Feltovic, seconded by Mr Mabon Unanimous 6 Notice of Intent(s) 242-1208, Foster Farm Elementary School (North Andover Building Committee)(DiNisco Design)(cont. from 10/26/05) No one was present Ms McKay stated to continue to January 25, 2006 meeting Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to continue to January 25, 2006 meeting was made by Mr. Lynch, seconded by Ms Feltovic Unanimous 242-1340 1171 Turnpike Street-Uncle Bob's Self Storage(Sovran Acquisition Partnership)(New England Engineering Services,Inc.)(cont. from 11/2/05)(Reguest to coat. to December 28,2005) No one was present Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to continue to December 28, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1337, Turnpike Street-Old Salem Village(Key-Lime,Inc.)(Hayes Engineering, Inc.)(cont. from 11/16/05) Ben Osgood, Sr, of Key-Lime, Inc and John Burke and Peter Ogden of Hayes Engineering, Inc was present Ms McKay stated at the last meeting, Hayes Engineering submitted a response letter from Lisa Eggleston latest review Lisa Eggleston submitted her final letter indicating that all previous issues have been addressed and that she had no further comment She did state that field verification of the groundwater elevations and available storage in the detention pond system should be included as a condition in the Order However, the Commission had requested at previous meetings for this to be done prior to closing and the issuance of a decision She also indicated that final project plans and specifications should be updated per items #7, 8, and 9 Also at the last meeting, Mr McDonough requested plans, which depicted the limits of the proposed retaining walls and fence lines Additionally, staff had previously recommended several plan revisions, which have not been reflected on the latest plan submission These revisions include Labeling the square footage calculations of the 2 isolated wetland areas whether they are jurisdictional vs non jurisdictional respectively on all plans, Extension of erosion controls around the entire site or all areas within the 100-foot Buffer Zone Erosion controls are lacking in several locations where they should be located Several buildings and decks are extremely close to the 50-foot No-Build zone of right at it Measurements from structures, including decks,to resource areas in all location where structures are close to the 50-foot No-Build zone should be depicted on the plans Recommend physical barriers to deter encroachment Many areas are on the site would be subject to violations if no precautions are taken and/or conditioned The applicant stated that the entire site would be surrounded by a fence or a wall if the grading were substantial enough Include with revised plans or condition separate plan showing just walls, fence, otherwise too busy Adequate enough barrier to deter encroachment Conditions should include (to name a few) Additional soil testing (per Lisa's comments) Stormwater construction monitoring (per drainage review comments) Standard dewater, Construction sequencing, separate pre- construction meetings for each building within the buffer zone for staking and verifying foundation corners, and to ensure decks will comply with 50' setbacks, condition separate 20' scale plans of each building within the buffer zone prior to sign off the building permit, 7 association documentation, additional fencing/stonewalls, deck sizes as shown or will they be enlarged?Note in Order? Fencing/safety conditions around stormwater structures, if not already included with revised plans, condition separate plan showing just the proposed wall/fence lines, otherwise too busy, Adequate enough barrier to deter encroachment and Maintenance of Stormwater structures Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to continue to December 28, 2005 meeting for revised plans was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1333,Waverly Road/Turnpike Street-Walgreen's (Mark Investments,Inc.)(Bohler Engineering,P. C.)(cont. from 11/16/05) William D Goebel, P E of Bohler Engineering, P C and Dean Holt of Mark Investments, Inc was present Ms McKay stated letters were written to DPW& MAHighway by staff(dated 11/29/05 & 12/l/05) regarding drainage comments requested by the Commission DPW comments received(included in packets) I was notified by MAHighway on 12/9/05 that they had received the letter, but never received project application form the engineer A follow-up to the engineer initiated an overnight mailing of the project to MAHighway No comments from MAHighway yet Mr Masse stated no surety bonds only cash bonds Mr McDonough last meeting I had questions on the parking in the 50-foot No-Build zone Mr Goebel stated we removed 2 parking spaces, which cut done impervious area down to 630 s f from 23,000 s f impervious areas Mr Lynch stated the condition of the drainage out here could be a bad nightmare they are adding ground water into the existing drainage on Waverly Road, which is already overwhelmed Mr Manzi stated pre-construction and post construction should not change the run-off of water that already occurs in current state of the site Mr Manzi stated the Town of North Andover should not have to fix the drainage problems what would be the appropriate amount to Bond this project for if there is a problem after all the construction is completed Mr Lynch stated they could do a study on the drainage by pulling covers off measuring the height of the water level there now peak flow in a storm Mr Masse liability of the Town of North Andover after what happen with Foxwood the Town of North Andover had to fix the drainage problem caused by Foxwood Mr Lynch stated we would probably have to talk with Eugene Willis the Town Engineer to get the facts on the cost to fix the problem if it ever happens Mr Masse stated holding limited liability using the Town of North Andover infrastructure the reimbursement options here if the system fails Mr Lynch stated quantify what that system is taking on a base line of water flow from ground water now and take it from there They may have to enlarge the piping system to flow the added ground water that would be going into the existing system Scott Mass, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to continue to December 28, 2005 meeting was made by Mr Lynch, seconded by Mr Napoli Unanimous 8 242-1343,Dale Street & Great Pond Road Sewer Project(Town of North Andover- DPV)(Guertin Elkerton & Associates, Inc.)(cont. from 11/16/05) David Press, P E of Guertin Elkerton & Associates, Inc was present Ms McKay stated at the last meeting the applicant asked if the Commission would consider a minor modification to the project Specifically to extend the project limits of the sidewalk work approximately 200' to the limits of the 100' buffer zone of the wetland area ditch at the easterly end of the project along Dale Street Guertin Elkerton&Associates, Inc has submitted a letter in this regard The revisions will increase impacts by approximately 682 s f (within the 25' buffer zone), 822 s f (within 50' buffer zone), and 1, 097 s f (within the 100' buffer zone) Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to close and issue within 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous Mr. Albert P. Manzi,Jr., Vice Chairman left the meeting at 9:25pm 242-0000,Saville Street (RFACO, LLC)(Seekamp Environmental Consulting) Alicia Raddatz of Seekamp Environmental Consulting was present Ms McKay stated we received call from an Abutter the lives right next store to were single-family dwelling would be built The abutter stated he moved August 25, 2005 Mr Masse stated there was proper notification Mr McDonough read the legal notice Ms McKay stated the filing is for construction of a single-family dwelling with associated clearing, grading and appurtenances, including installation of underground utilities,construction of a driveway and drywell with the Buffer Zone to a Bordering Vegetated Wetland Local setbacks are being met as proposed with exception to the driveway, the drywell, and the sewer pump chamber, which are within the 50- foot No-Build zone A waiver request has been submitted stating that there are no alternative locations these structures due to site constraints The single-family dwelling will be constructed approximately 53' from the edge of the wetland resource area at its closest point The wetlands are located off property and were approved recently for an adjacent(lot 31 Saville Street also # 50) under file # 242-1288 Despite the fact that this wetland boundary was heavily reviewed a year ago, I revisited the wetland boundary and found that flags N-3 and D-1 are off by few feet These flags changes do not impact the project and are off property, therefore I recommend that it only be noted in the Order that these particular flags are not approved under this filing Erosion controls (noted as erosion control fence on the plan) as proposed around the entire lot and are proposed in adequate locations Recommend some sort of barrier(i e —fence, stonewall) at the 25-foot No-Disturbance zone adjacent to the driveway to deter encroachment Will a deck be added at any time9 If so, must ensure compliance with 50-foot No-Build zone Recommend adding in perpetuity language in the Order to ensure that any future structures, including but not limited to a deck to comply with 50-foot No-build setbacks Mr Lynch stated the 25-foot No-Disturbance zone there is not much room to move on this lot Mr McDonough stated the Commission needs an alternative analysis on this property Mr Mabon stated driveway side limited access to impact the area Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to continue to December 28, 2005 meeting revised plans and alternative analysis was made by Ms Feltovic, seconded by Mr Lynch Unanimous i 9 Enforcement Order Ratification GLSD Pipe Replacement Ms McKay stated there was a 72-inch concrete pipe that was leaking sewage into the Merrimack River I was working Richard Weare, Wastewater Engineer of the Greater Lawrence Sanitary District I was down there almost every day they did very good job fixing the problem quickly before the snowstorm They would be doing restoration along the bank of the Merrimack River in the spring of next year A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Ms Feltovic Unanimous Gas Line Replacement(Ahern) Ms McKay stated this for extension of a gas pipeline to the project they are building in Bradford Key Span would not do the work The applicant contacted Bay State Gas to extend gas line into Bradford A motion to ratify the Enforcement Order was made by Mr Mabon, seconded by Ms Feltovic Unanimous 1600 Osgood Street for soil borings and monitoring wells Ms McKay stated boring will be done with invasive machine for the soil testing for access crossing over the Wetland Resource Area they would be using plywood so know tracking would happen while the work would done during low water season A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Mahon Unanimous Updates-Jetwood Street Appeal to DEP Ms McKay stated Mr Nicolosi did not put an appeal into the Superior Court in Lawrence Decisions 242-1343,Dale Street& Great Pond Road Sewer Proiect(Town of North Andover DPV)(Guertin Elkerton & Associates,Inc.) Ms McKay stated the bond amount would be set at the amount of 2,000, environmental morutor for the sidewalk project A motion to accept the Order of Conditions as drafted was made by Mr Lynch, seconded by Mr Napoli Unanimous A motion to adjourn the meeting at: 10:30pm was made by Mr. Lynch, seconded by Ms. Feltovic. 10