HomeMy WebLinkAbout1997-07-02 Conservation Commission Minutes Conservation Commission Minutes
DPW Conference Room
July 2, 1997
Members Present: Scott Masse,John Mabon,Deborah Feltovic,Robert Mansour,Joseph Mottola and
Beth Wescott Joseph W Lynch,Jr and Albert Manzi,Jr were absent
Staff Present: Michael D Howard,Richelle Martin and Karen Fitzgibbons
Due to the absence of Mr Lynch and Mr Manzi,Mr Scott Masse chaired this meeting
The meeting was called to order at 7 00 pm
Minutes:
June 4, 1997 and June 18, 1997
On a motion by Mr Mottola,seconded by Ms Feltovic,the Commission voted unanimously to approve the
minutes of June 4`h and June 18, 1997
General Business:
242-158 PCOC-Lot 59/#]72 Bear Hill Road(Atty Thomas Alexander)
Mr Howard stated this is an administrative issue,the lot in question is greater than 100' from onsite
wetland resource areas and is not subject to the above referenced OOC or NACC Jurisdiction Mr Howard
recommends issuing a PCOC for Lot 59/#172 Bear Hill Road
On a motion by Mr Masse,seconded by Ms Feltovic,the Commission voted unanimously to issue a
PCOC for Lot 59/#172 Bear Hill Road
242-709 COC-Lot 2/2a Abbott Street(B Walsh)
An OOC was issued on 10/31/94 authorizing single family dwelling construction within the Buffer Zone of
a BVW A waiver of the No-Disturbance Zone was granted as a means of assuring access to the upland
portion of the lot As-built plans were submitted,approved by the Conservation Commission,however,at
that time it became apparent that the homeowner was maintaining the herbaceous"No-Disturbance Zone"
through mowing activities This area has now re-established itself A$3,000 bond was initially
established,$500 remains Ms Martin performed a site visit and recommends issuing a COC for Lot 2/2a
Abbott Street On a motion by Ms Feltovic,seconded by Mr Mabon,the Commission voted unanimously
to issue a COC for Lot 2/2a Abbott Street and releasing$500 in bond money
242-255 PCOC Lot 2A/#25 Castlemere Road
An OOC was issued on February 8, 1985 It is not clear what this permit authorized,however,Lot 2a is
greater than 100' from any on-site wetland resource areas and does not appear to be subject to this OOC or
NACC jurisdiction Mr Howard performed a site inspection on June 27, 1997 and recommends,since this
is administrative, issuing a PCOC for Lot 2a/#25 Castlemere Road
On a motion by Mr Mottola,seconded by Mr Mansour,the Commission voted unanimously to issue a
PCOC for Lot 2A/#25 Castlemere Road
242-758 COC Lot 26/#209 Vest Way(J McCormack)
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An OOC was issued on 7/20/95 authorizing construction of a play area within 30' of a BVW No work
was ever carried out on the property but the OOC was recorded The current homeowner is moving to a
new house and has no intention of building the play area As this is an administrative issue,Mr Howard
recommends issuing a COC referencing Box#3 on the form
On a motion by Ms Feltovic,seconded by Mr Mabon,the Commission voted unanimously to issue a COC
for Lot 26/#209 Vest Way
242-600 Enforcement Order-Lot 8/9 North Andover Estates(Toll/Augustyn)
Mr Howard stated he did receive as-built plans for lots 8&9,however,oil and gas traps were not put into
the catch basms Geoff Andrews,Wetlands Preservation,stated that he felt there was an alternative
location at the rear of the home for restoration,however, after further review it appeared there is not
enough area present He now recommends restoring the area that was filled in at the front of the property
The Commission reviewed the plans and decided it is best to just restore the same area( Mr Andrews
stated he walked the site with Mrs Augustyn and they are cooperative about the restoration Mr Howard
stated that something should be accomplished tonight,as this has gone on way too long Mr Augustyn had
permission from his neighbor to fill in what they considered a"low area" Mr Howard stated those lots as
approved were approved incorrectly Bruce Pitts,Toll Brothers,stated that oil and gas traps should have
been installed and they will do it now Mr Pitts stated a month should be enough time to complete this
On a motion by Mr Mansour,seconded by Ms Feltovic,the Commission voted unanimously to issue an
Enforcement Order for oil and gas separators to be installed by 8/5197
On a motion by Mr Mansour,seconded by Ms Feltovic,the Commission voted unanimously to issue an
Enforcement Order for a wetland restoration plan by 8/5/97
Mr Howard recommends that Mr Augustyn come before the Commission at the next meeting to discuss
the situation
On a motion by Mr Mansour,seconded by Ms Feltovic,the Commission voted unanimously to issue an
Enforcement Order to Mr Augustyn to restore the wetland restoration area by 9/15/97 and Mr Augustyn
to work closely with Mr Howard
On a motion by Mr Mansour,seconded by Ms Feltovic,the Commission voted unanimously to issue an
Enforcement Order to have 110' replaced by 9/15/97
Filing Fee Expenditure$900
Mr Howard requested that the Commission vote to expend$900 so that a digital planumeter can be
purchased for the Conservation Department This piece of office equipment will greatly facilitate the plan
review process and help the NACC carry out their duties under the Act Currently we have no accurate
means of reviewing square footage calculations or other area measurements
On a motion by Mr Mansour, seconded by Ms Feltovic,the,Commission voted unanimously to expend
$900 from the Filing Fee Account to purchase a digital plammeter
At this time,Mr Mansour brought up the subject of updating the computer system and the Commission
suggested that Mr Howard have a plan to present to them at the next meeting
Presentation-Wetland Resource Area BANK(R Martin)
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Ms Martin,Conservation Associate,gave a short speech to the Commission regarding BANKS She also
presented pictures to the members depicting BANKS at Lost Pond Lane,Mosquito Brook and Evergreen
Estates and pointed out to the Commission the importance of BANKS to wildlife
Elections:
Even though this was not an agenda item,Mr Mansour made a motion,seconded by Mr Masse,to
nominate Mr Lynch for chairman and Mr Manzi for vice chairman The Commission voted unanimously
to elect Mr Lynch for chairman and Mr Manzi for vice chairman
Public Hearings(8:00 PM)
Request for Determination
RDA- 9136 Old Farm Road(S D'Urso/Pam Adams)
Steve D'Urso was present and gave proof of mailings to the Commission The applicant is proposing to
install a 12'x 36' enclosed sunroom and a 12' x 20' deck The holes will be hand cut,no machinery to be
used and hay bales will be installed Mr Howard recommends issuing a Negative Determination of
Applicability with erosion control
On a motion by Ms Feltovic,seconded by Mr Mabon,the Commission voted unanimously to issue a
Negative Determination of Applicability with erosion control for 136 Old Farm Road
RDA -Lot A/#117 Osgood street(Wayne Pasanen)
Steve D'Urso was present and gave proof of mailings to the Commission Mr Howard stated the BV W
was reviewed in the field by the Department,but no formal approval of the delineation is warranted,the
nature of work is so minor No tree clearing is proposed and a sedimentation/erosion control barrier is
depicted along the limit of work Mr Howard recommends issuing a Negative Determination of
Applicability with erosion control
On a motion by Ms Feltovic,seconded by Mr Mansour,the Commission voted unanimously to issue a
Negative Determination of Applicability with erosion control
RDA -Lot 11/#111 Marian Drive
Peter and Alison Novello,the applicants,have filed an RDA to repair an existing,failed septic system
within the Buffer Zone of a BV W Mrs Novello was present and gave the Commission proof of mailings
Mr Howard stated the BV W was reviewed and approved by the Conservation Department,the limit of
work is approximately 35' from the edge of wetlands and the system itself is greater than 50' Mr Howard
recommends issuing a Negative Determination of Applicability with erosion control as depicted on the
submitted plans
On a motion by Ms Feltovic,seconded by Mr Mabon,the Commission voted unanimously to issue a
Negative Determination of Applicability with erosion control for Lot I l/#111 Marian Drive
Notice of Intents)
242-866 Lot 2, 357 Rea Street(Wetlands Preservation, InclMaureen Joyce cont fir 6118197
Sally Newman,Wetlands Preservation,was present and stated to the Commission they are working on a
bullet list that Mr Howard sent them Two thirds of the list is complete There is a question of whether
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some part of the area is wetland or upland The wetland line from C 36 to C 18 has been connected
coming straight across to access the upland area A dominance test was performed and the area is
herbaceous Ms Newman stated that 4980 sq ft of wetland will be impacted,4780 sq ft will be permanent
and 200 sq ft will be temporary They increased the replication to Just over 2 1 and the elevation for the
BLSF has been put on the plan Ms Newman stated there is some discrepancy over the flood elevation
figures,an engineer will be contacting Mr Howard regarding this Ms Newman stated the stream went
dry,but Mr Howard stated it could still be subject to the Rivers Bill Mr Howard stated he has a meeting
with the State Wildlife Habitat tomorrow and the results of that meeting should be incorporated into the
plan Data plots are needed and Ms Newman was told to complete those Ms Newman stated that the
road has been decreased to 10 paved feet from 12 paved feet A silt fence will be used Mr Howard asked
if it was safe to assume there is no net loss of floodplam in any area,and Ms Newman said"yes" Waivers
of the 25' no disturbance zone will be needed for the driveway An engineer must put the facts in writing
Justifying them to Mr Howard
Joe Averka,Abbott Street,and his mother were present Mr Averka stated they own the land abutting the
Joyce's property and it has been in his family for over 100 years He feels Mosquito Brook should come
under the Rivers Bill Mr Averka stated he disagrees with Ralph Joyce's brilliant observationsf Over the
years Mr Joyce has cleared the area and installed bridges' Mr Howard reassured Mr Averka that the
applicant will go through the same process as anyone else Mr Masse warned Mr Averka that the
Commission will hear no issues other than those relevant to the filing)
Ken&Dorothy Cossingham,307 Rea Street,were present and stated that the plan shows Mosquito Brook
being dry Mr Cossingham stated that Mosquito Brook is not dry,it is very deep and rushes fast He
swam,skated and fished at Mosquito Brook'
Mrs Fay Averka,383 Abbott Street,stated that she does not want water on her property from Ralph
Joyce's proposal The state used to stock Mosquito Brook with trout
In order to afford the applicant additional time to submit the information requested by the Conservation
Department,the discussion is continued until the 8/6/97 meeting
242-867 Boxford Street-Gas Utility Pipeline(Wetlands Preservation,Inc)
Sally Newman,Wetlands Preservation and Glen McIntosh,Essex County Gas,were present and gave proof
of mailings to the Commission The applicant has filed an NOI seeking permission to construct a gas
pipeline in the buffer zone of a BV W Mr Howard stated he inspected the proposed delineation last week
and made no changes to the line Ms Newman distributed to the Commission a letter outlining changes to
erosion control agreed to by Mr Howard Mr McIntosh stated that a machine will dig the trench,throw
the dirt to the roadside,then the contractors will fill in the trench the same day, it will never be left open
Erosion control will be laid down as snug as possible There is a crown in the road,therefore,nothing will
go into the wetlands Mr Howard inquired as to why the plan is stamped by an industrial engineer,and
Mr McIntosh replied he is part of our organization and in order to save money we use hum Other
communities have accepted this Mr McIntosh was told that a plan stamped by an industrial engineer is
not acceptable to this Commission Mr Howard recommends continuing the public hearing until 7/16/97
pending receipt of a stamped plan and hearing from the Natural Wildlife people Mr Masse stated that the
initial plan is incomplete,this is happening too often and it won't be tolerated On a motion by Mr
Mansour, seconded by Mr Mottola,the Commission voted unanimously to continue the discussion until
the August 6, 1997 public hearing
242-870 Boston Ski Area @ 1275 Turnpike Street(P Seekamp)
Patrick Seekamp, StoneHill Environmental,was present and gave the Commission proof of mailings Tom
Girard from Enpro and the owners of the property,Mr &Mrs Robert Dunn,were also present The
applicant has filed an NOI seeking permission to remove soil contaminated with hazardous materials
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within the Buffer Zone of a BVW and the Inner Riparian Zone of the Riverfront Area to Boston Brook
Mr Seekamp stated that the soil has been contaminated due to spillage from the removal of an
underground storage tank,and he showed the Commission on a plan where the remediation will take place
Boston Brook exits the site from the boxed culvert A Riverfront form was submitted,assumes perennial
Erosion control will be placed prior to excavation They anticipate removing 7 feet of material and will
dewater into fractation tanks then into carbon filter Fractation tanks will also act as a siltation measure
The original grade will be restored Mr Howard recommends closing the public hearing and issuing a
decision within 21 days Mr Howard stated to the Commission that the plan before them is not stamped,
but he gave his approval Tom Girard was granted approval to gather a sample of water,test it,and give
the results to DEP and EPA Mr Mottola asked if any oil has entered Boston Brook and Mr Girard
replied nothing has been observed by Enpro,they believe it is tightly adherred to the soil Mr Dunn stated
that he has operated the area since 1957,the tank was removed in the 80's During the 34 years of
operation,he didn't see any oil at all Mr Dunn stated that Trombly Brothers may have been somewhat
responsible Tom Girard stated that the contamination is within a few feet of the hay bales which are
within a few feet of the bank Beth Wescott asked if some part of the bank will be lost,and Mr Howard
replied he is concerned about that also,but the contamination must be removed Mr Girard stated the soil
will be stockpiled on the site Mr Howard asked if there was a window of time when this must be
remediated by,and Mr Girard replied about six months Henry Fink,Turnpike Street,asked what%of
work is already done,and Mr Howard replied that he authorized some work through an Enforcement
Order Mr Girard replied that limited removal action was performed on the site and they have removed
50 to 60 feet,probably 10%all told
On a motion by Mr Mansour,seconded by Ms Feltovic,the Commission voted unanimously to close the
public hearing and issue a decision within 21 days
242-869 Lot#13 Brookview Estates Subdivision(D Kindred)
John Barrows,Marchionda Assoc,was present and gave proof of mailings to the Commission The
applicant is proposing a 70' x 30' single family dwelling within the Buffer Zone of a BVW Erosion
control with haybales and a silt fence will be installed The proposed deck will come within a foot of the
no build zone Mr Howard recommends closing the public hearing and issuing a decision within 21 days
On a motion by Mr Mabon,seconded by Ms Feltovic,the Commission voted unanimously to close the
public hearing and issue a decision within 21 days
242-868 Lot#1 Brookview Estates Subdivision(D Kindred)
John Barrows,Marchionda Assoc,was present and proof of mailings were given for this filing at the same
time as the above filing The applicant is proposing to construct a 60' x 30' single family dwelling with a
deck within the Buffer Zone of a BVW The limit of work will be 30' from the wetlands,haybales and a
silt fence will be installed Mr Howard recommends closing the public hearing and issuing a decision
within 21 days
On a motion by Ms Feltovic,seconded by Mr Mansour,the Commission voted unanimously to close the
public hearing and issue a decision within 21 days
Adjournment:
n a motion Mansour,seconded by Ms Feltovic,the Commission voted unanimously to adjourn
t e ee
I 'At
sep W L ,Jr,Chairman
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