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HomeMy WebLinkAbout1997-06-18 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room June 18,1997 Members Present: Albert Manzi,Jr,Vice Chairman,Deborah Feltovic,Joseph Mottola and Scott Masse Robert Mansour arrived at 7 10 p in and Beth Wescott arrived at 7 15 p in John Mabon and Joseph W Lynch, Jr, Chairman,were absent Staff Present Michael D Howard, Conservation Adnumstrator,Richelle Martin;Conservation Assistant and Karen A Fitzgibbons, Secretary The meeting was called to order at 7 00 p in Minutes: June 4, 1997 No Action Taken General Business: Discussion re:July 2,1997 public hearing M.Howard Due to the fact that some members may be on vacation during the week of July 4d',Mr Howard wanted to discuss the possibility of changing the meeting dates Out of the six members present this evening,at least three committed to attending the meeting on July 2, 1997 John Mabon contacted the office during the day and stated that he could definitely attend the July 2nd public hearing That being the case,there would be a quorum for the public hearing and the meeting will be held on July 2nd Eagle Scout ProiecUMazurenko Farm-Ted Lightburn Ted Lightburn is present this evening and stated that he is a candidate for Eagle Scout and has an idea for a project His plan is to build two bridges at Mazurenko Farm,one adjacent to Rea's Pond and one in the trail area One will be 8' to 10' in length and the other 19' long Ted must perform service to the community in order to become an Eagle Scout and feels this is a worthwhile project Mr Howard stated he is happy to have any help with Mazurenko Farm that he can get The Commission members applauded Ted on his proposed project and then discussed what material the bridges should be made from It seems that pressure treated wood is not good for the environment when near wetlands,however,the cost of redwood or cedar would be prolubitive Since the project is not that large and considering the whole area, it was decided to use pressure treated wood for the bridges On a motion by Mr Mottola,seconded by Ms Feltovic,the Commission voted unanimously to endorse the proposal brought forward by Ted Lightburn Attendance at Master Plan Committee Meeting on 6125197(a),7:00 pm Mr Howard reminded the Commission members about the Master Plan meeting and asked who could attend Mr Manzi was the only member able to commit Filing Fee RwenditureJMACC annual dues$310 Mr Howard stated the yearly invoice for the annual dues is now due and he is looking for a vote from the Commission to expend funds from the Filing Fee Account On a motion by Mr Masse,seconded by Ms Feltovic,the Commission voted unanimously to approve the $310 Filing Fee Expenditure for the purpose of paying the annual dues 1 DEP#242-600.North Andover Heiehts/Estates Holation Notice/Enforcement Order jr 614197 Bruce Pitts,Toll Brothers,was present Mr Howard stated he has received no"as-built"plans yet and no revised wetland restoration plan Mr Howard passed out a letter to the Commission members from Gary Augustyn dated June 9, 1997 Mr Manzi read the letter into the record To sum the letter up,Mr Augustyn,as the property owner,feels he bears no responsibility in the matter In response,Mr Howard sent a copy of the letter to Mr Pitts and stated again he has received no"as-built"plans or restoration plans yet Mr Augustyn stated when he purchased the property he was told sidewalks and curbing would be installed completely covering the area that was intended to be wetlands Mr Manzi stated to Mr Augustyn that if the resource area was filled in prior to your owning the property then you have a point Mr Howard stated that if the plan was modified,"as built"plans would tell that Mr Howard stated he is looking for an Enforcement Order for 242-585,242-600,242-642 and 242-675 Mr Pitts stated that he is shocked that Mr Augustyn has that attitude,at the last meeting Mr Augustyn stated he filled the swale and covered the culvert Mr Augustyn stated he said no such things Curt Young was present and stated that"as-built"plans are not the solution,they will not tell you who is the responsible person Mr Manzi stated that Mr Howard feels he can get what he needs from Enforcement Orders Mr Pitts stated that Toll Brothers engineers can do"as builts" Mr Manzi stated the Commission wants resolution now Mr Howard recommended to the Commission that they issue an Enforcement Order to Toll Brothers for"as- built"plans for file number 242-600 lots 8 and 9 for no later than noon on 7/1/97 On a motion by Mr Mottola, seconded by Ms Feltovic,the Coninussion voted unanimously to issue an Enforcement Order for "as-built"plans for file number 242-600 lots 8 and 9 for no later than noon on 711/97 On a motion by Mr Mottola, seconded by Ms Feltovic,the Commission voted unanimously to send an Enforcement Order to the property owner On a motion by Ms Feltovic, seconded by Mr Mottola,the Commission voted unammously to issue an Enforcement Order on each of the following Order of Conditions file numbers 242-585,242-600 lots 5,6&7, 242-642 and 242-675 for as bwlt plans to be received in the Conservation Office no later than noon on 8/5/97 DEP#242-773:COC Lot 1 Lost Pond Lane(Dave Kindred)Neve Assoc. Ms Martin performed a site inspection,the site is stable,the office is in receipt of stamped"as-built" plans and a letter from a P E certifying compliance with the OOC The Town is holding in escrow a $3,000 bond Ms Martin recommended issuing a COC On a motion by Mr Mansour, seconded by Mr Mottola,the Commssion voted unanimously to issue a Certificate of Compliance for file number 242-773 Lot 1 Lost Pond Lane and release the$3,000 bond DEP#242-774:COC Lot 4 Lost Pond Lane(Dave Kindred)Neve Assoc. Ms Martin performed a site inspection with Mr Kindred on 6/10/97 and she has no issues The site is stable,the office is in receipt of stamped"as-built"plans and a letter from a P E certifying compliance with the OOC The Town is holding in escrow a$3,000 bond Ms Martin recommended issuing a COC On a motion by Mr Mansour,seconded by Mr Mottola,the Commission voted unammously to issue a Certificate of Compliance for file number 242-774 Lot 4 Lost Pond Lane and release the$3,000 bond DEP#242-766.COC Lot 11 Lost Pond Lane(Dave Kindred)Neve Assoc. Ms Martin performed a site inspection with Mr Kindred and she has no issues The site is stable,the office is in receipt of stamped"as-built"plans and a letter from a P E certifying compliance with the OOC The Town is holding in escrow a$3,000 bond Ms Martin recommended issuing a COC On a motion by Mr Mansour, seconded by Ms Feltovic,the Commission voted unanimously to issue a Certificate of Compliance for file number 242-766 Lot 11 Lost Pond Lane and release the$3,000 bond 2 DEP#242-770:COC Lot 12 Lost Pond Lane(Dave Kindred)Neve Assoc. Ms Martin performed a site inspection with Mr Kindred on 6/10/97 and she has no issues The site is stable,the office is in receipt of stamped"as-built"plans and a letter from a P E certifying compliance with the OOC The Town is holding in escrow a$3,000 bond Ms Martin recommended issuing a COC On a motion by Ms Feltovic, seconded by Mr Mottola,the Commission voted unanimously to issue a Certificate of Compliance for file number 242-770 Lot 12 Lost Pond Lane and release the$3,000 bond DEP#242-789:COC Lot I Abbott Street(Dave Kindred)Neve Assoc. Ms Martin inspected the property with Dave Kindred on 6/10/97 and she has no issues The site is stable and the office is in receipt of"as-built"plans and a letter from a P E certifying compliance with the OOC The Town is holding in escrow a$3,000 bond Ms Martin recommended issuing a Certificate of Compliance On a motion by Mr Masse,seconded by Ms Feltovic,the Commission voted unanimously to issue a Certificate of Compliance for file number 242-789 Lot 1 Abbott Street and release the$3,000 bond Decisions: 242-7051706 Lot 2&Lot 3 Turnpike Street(Gunya Corp) Mr Howard had draft"Letters of Decisions"for the Comrmssion to review On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to adopt the"Letters of Decisions"as written DEP#242-864: Water Line Deskn Harold Pkr State Forest/Berry Pd Rd(Comm of MA SEA Cntls). Mr Howard had a draft DENIAL Order of Conditions prepared for the Commission's review On a motion by Ms Feltovic, seconded by Mr Masse,the Commission voted unanimously to approve the draft DENIAL Order of Conditions for 242-864 DEP#242-858:EdPewood Lifecare Osgood St(Judith Nitsch Eng) Mr Howard had a draft Order of Conditions prepared for the Commission's review On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to approve the draft Order of Conditions for 242-858 Public Hearings(8:00 PM) Request for Determination RDA: #193 Gray Street(Ruiz)Patrick Seekamp,StoneHill Environmental Lauro Ruiz and Patrick Seekamp were present and proof of mailing was given to the Commission Mr Seekamp stated the applicant is asking the Commission for permission to fill to a small depressmonal area in front of his property Mr Seekamp pointed out on a plan to the Commission the location of the area 600 sq ft of the area is vegetated with wetland species,hydric and upland soils are present During the winter months the area floods They are proposing a gravel base for the area Mr Seekamp stated the area is just under 1,000 sq ft,so it is not state jurisdictional They are proposing planting lughbush blueberries and bringing 2 feet of loam in to raise the elevation of the lawn At the top of the slope,for aesthetic purposes only,the applicant proposes planting flowering crab apple trees Erosion control will be at the edge of fill,coarse gravel will be brought in Gene Willis,an abutter, is concerned about the displaced water Mr Seekamp explained to him how there will be no change to his property On a 3 motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to issue a negative determination with erosion control and approve the planting plan for 4193 Gray Street RDA: Lot#15 Brookview Drive(Dave Kindred/Marchionda Associates). John Barrows,Marchionda Associates,was present and gave proof of mailing to the Commission They are proposing a single faimly home,a small portion of the septic will fall within 50'of the BVW A silt fence and hay bale barrier will be installed They have submitted a septic design to the Board of Health, but have had no word yet from them Mr Howard recommends issuing a negative determination with erosion controls On a motion by Mr Masse,seconded by Ms Feltovic,the Commission voted to issue a negative determination with erosion control for Lot 15 Brookview Drive Notice of Intents) DEP#242-866.Lot 2,057 Rea Street(Wetlands Preservation.Inc./Maureen Joyce)cont fr 614197 The applicant has requested,in writing,an extension until July 2, 1997 On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to grant the extension until the July 2, 1997 meeting DEP#242-862:Rocky Brook Est II Lots 1-6, 10A, 11A & 12B(Neve Assoc./S Breen)cont from 5121197 This is a continuation of the public hearing Tom Neve and Peter Breen were present this evening Mr Howard stated he sent a memo dated 6/13/97 to John Morin Tom Neve stated he is ready to respond to that memo tonight,however,he would like to begin with stating that he is aware this project has been ongoing for some time Mr Neve stated that this project got caught right in the middle of the Rivers Act, and they have had a hard time getting a field test dates from the Board of Health,but finally did They are almost re-engineering the whole project Mr Howard stated regarding the drainage,the applicant must establish an account with the Commission in order to pay Coler&Colantonmo Mr Neve is looking for a continuance until August 20, 1997 in the hopes that by then the Rivers Act will have definite regulations Mr Neve was told he will have to re-advertise and notify abutters again Mr Neve was also advised that the re-submittal will have to be made by noon on 8/8/97 to be on the 8/20/97 agenda Mr Masse stated that he would be willing to grant tlus time,but not any more Mr Neve then asked to be on the 9/3/97 agenda He will have to submit by noon on 8/22/97, re-advertise and re-notify the abutters Mr Neve agreed to all of this It was then mentioned that a drainage escrow account would have to be established with the Commission Mr Neve was given the choice of choosing an outside consultant through a bid process but he stated to the Commission that he would like to use Coler&Colantomo It was discussed whether the Planning Office's escrow account could be used Mr Manzi stated that he doesn't want anything to do with the Planning Office,and advised Mr Neve that he would have to establish his own escrow account with Conservation Mr Masse agreed whole heartily with that On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to establish a$5,000 escrow account The applicant was told to have the money in the office at Mr Howard's discretion Beth Wescott volunteered to monitor the project for the Commission Mr Neve stated that his firm has delineated a 15,250 sq ft wetland that was created due to excavation Mr Howard and Steve D'urso walked the line and made some changes Mr Howard stated the flags are accurate and recommends the Commission accept the line,and they did Mr Neve would like a site visit once the roadway is staked out Mr Neve stated to the Commission that Rocky Brook I was purchased by Peter Breen and Tyler Munroe Jointly back in 1980 The subdivision ended at the stone wall and now Peter&Kerry Breen own the rest of the property,and they are not connecting the two properties The applicant realizes they still owe Conservation 1,200 sq ft of wetland from Rocky Brook I and they intend to provide it Mr Neve stated that it doesn't seem appropriate to provide compensatory storage given that we have created a wetland Mr Howard stated that is acceptable to him Mr Neve proposed to the Commission that they accept the 15,250 sq ft of wetland created in Rocky Brook II in place of the wetlands owed in Rocky Brook I On a 4 motion by Mr Mottola, seconded by Ms Feltovic,the Commission voted unanimously to consider the 1,250 sq ft of wetlands owed in Rocky Brook I paid in full due to the creation of 15,250 sq ft of wetlands created in Rocky Brook II Mr Neve stated to the Commission that he plans to hire Mary Rimmer to conduct a wildlife habitat study Mr Mann recommended to the Commission that they consider the two properties to be totally separate On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to continue the public hearing until September 3, 1997 Adjournment: On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to adjourn the meeting Joseph W Lynch,Jr, Chairman J 5