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HomeMy WebLinkAbout1997-11-05 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room November 5, 1997 Members Present: Joseph W Lynch,Jr Chairman, Robert Mansour, Scott Masse, Joseph Mottola, John Mabon and Beth Wescott, Associate Member Albert Manzi, Jr Vice Chairman and Deborah Feltovic were absent Staff Present: Michael D. Howard, Administrator, Richelle L Martin,Associate and Karen A Fitzgibbons, Secretary Minutes: September 17, 1997 October 1, 1997 October 1, 1997 executive session On a motion by Mr Mansour, seconded by Mr Masse,the Commission voted unanimously to approve the above list of minutes October 15, 1997 No action taken General Business: Acceptance of gift—Stevens Property This is a one acre+lot, 90%wet, that has been given to the Town under the jurisdiction of the Conservation Commission Joseph W Lynch, Jr, Chairman of the Commission, signed the agreement which is to be given to the Board of Selectmen for their signatures Discussion of meeting schedule for December 1997 Discussion tabled until the November 19, 1997 meeting 242-698 Discussion 1014 Turnpike St(La-Rae Strawbridge)K Weinstein Discussion tabled until the November 19, 1997 meeting 242-721 Ext to OOC Pinewood Subdivision(J Demetri) Tom Hurley, Construction Supervisor,was present and stated the OOC on Pinewood will expire January 23, 1998 and they are looking for a one year extension On a motion by 1 Mr Masse, seconded by Mr Mottola, the Commission voted unanimously to grant a one year extension until January 23, 1999 242-845 Bond Reduction Brookview Estates (Flintlock, Inc) An Order of Conditions was issued on 4/3/97 authorizing construction of a roadway providing access to a planned residential subdivision along with underground utilities This request for a bond reduction is in reference to the replication and flood storage areas Ms Martin performed a site inspection on 10/9/97 and they have been constructed accordingly and seem quite successful The office is in receipt of a letter from a P E , stamped as-builts certifying compliance and'a wetland replication status report from Steve D'Urso The bond for the replication area is $18,000,the bond for the roadway is $10,000 and the replication area must go through five growing seasons It has gone through half of one growing season, therefore, Ms Martin recommends releasing $1,800 from the total bond of$28,000 On a motion by Mr Mabon, seconded by Mr Masse,the Commission voted unammously to release$1800 of the bond money being held by the Town 242-847 PCOC Lot 2 Settlers Ridge (T Zahoruiko) An OOC was issued on 2/6/97 authorizing construction of an 11 lot subdivision including roadway design and associated utilities and appurtenances 25/50' setbacks were mandated and met,the office is in receipt of a letter from a P E and a stamped as-built certifying compliance The Town is holding a bond in the amount of$3,000 Ms Martin stated she performed a site inspection, has no issues and recommends issuing a PCOC and releasing the $3,000 bond On a motion by Mr Masse, seconded by Mr. Mansour, the Commission voted unanimously to issue a PCOC and release the $3,000 bond for Lot 2 Settlers Ridge. 242-799 COC Lot 14 Beaver Brook Rd, Evergreen Est(Tom Losco) An OOC was issued on 4/19/96 authorizing construction of a single family dwelling, driveway and associated grading within the 100' Buffer Zone of a BVW 25/50' setbacks were mandated and met,the office is in receipt of a letter from a P E and a stamped as- built plan The bond is $3,000 Ms Martin performed a site visit on October 31, 1997, has no issues and recommends issuing a COC and releasing the bond On a motion by Mr Masse, seconded by Mr Mottola, the Commission voted unanimously to issue a COC and release the $3,000 bond. 242-841 COC Lot 19 Rocky Brook Rd(Neve Assoc) Peter Breen An OOC was issued on 12/20/96 authorizing construction of a single family dwelling and necessary appurtenances within the Buffer Zone of a BVW 25/50' setbacks were mandated and met, the office is in receipt of a letter certifying compliance and stamped as-built plans Ms Martin inspected the site on October 31, 1997, has no issues and 2 recommends issuing a COC and releasing the $3,000 bond On a motion by Mr Masse, seconded by Mr Mabon,the Commission voted unanimously to issue a COC and release the $3,000 bond 242-694 COC Lot 2 Blueridge Road (J Stewart) An OOC was issued on 6/23/94 authorizing construction of a single family home, driveway and the filling of 2500 sq ft of a wetland for the driveway The office is in receipt of a letter from Steve D'Urso for the replication area, which is successful, a letter from a P E and a stamped as-built certifying compliance with the OOC The replication areas has completed two growing seasons and the remaining bond is $1,000 Ms Martin stated she did a site inspection, it is stable and she has no issues Therefore, she recommends issuing a COC and releasing the bond money On a motion by Mr Masse, seconded by Mr Mottola, the Commission voted unanimously to issue a COC and release the remaining bond money Presentation- Buffer Zone Policy(R. Martin) Ms Martin gave a presentation to the Commission regarding the Buffer Zone Policy She handed out literature to the Commission and gave a wonderful ten minute presentation for which she was thanked by the Commission members Film Fee ee Expenditure Mr Howard is asking the Commission to vote to expend $137 from the Conservation Filing Fee Account in order to pay for a plaque for Joseph Mottola who is resigning from the Commission effective November 5, 1997 and one for Michael Goriansky in appreciation of his extraordinary efforts as the volunteer chairman of the Trails Committee On a motion by Mr Masse, seconded by Mr Mabon, the Commission voted unanimously to expend $137 from the Filing Fee Account to purchase the two plaques Decisions: 242-884 785 Turnpike Street Power Test Realty c/o Getty Ptrlm Corp (Tyree Eng) Mr Howard had a draft OOC prepared for the Commission's review On a motion by Mr Masse, seconded by Mr Mabon,the Commission voted unanimously to approve the draft OOC as amended this evening for 242-884 785 Turnpike Street Joseph Mottola: At this time Mr Lynch presented to Mr Mottola a plaque honoring him for his three years of dedicated service as a Conservation Commissioner for the Town of North Andover Public Hearings (8:00 PM) Request for Determination of Applicability 3 RDA Lot 6, Saale Way (Eight Meadows Realty Trust) Dennis Quantal The applicant has filed an RDA to construct a single family dwelling with associated grading and landscaping within 100' of a freshwater wetland as defined under the local Bylaw and Regulations Dennis Quintal was present and gave proof of mailings to the Commission Mr Howard stated the wetland delineation was approved under the Great Pond Estates Subdivision OOC (242-365/NACC#3) and no changes have been made to the line The applicant has not requested waivers of the No-Disturbance Zone and/or the No-Construction Zone Mr Howard stated he has no concerns and recommends closing the public hearing and issuing a Negative Determination of Applicability with an inspection of erosion control prior to construction On a motion by Mr Masse, seconded by Mr Mottola,the Commission voted unanimously to close the public hearing and issue a Negative Determination of Applicability with an inspection of erosion control prior to construction RDA 465 Great Pond Road(Marie W Loughlin) Neve Assoc The applicant has filed an RDA seeking confirmation of the wetland resource areas only No work is proposed under this filing John Morin was present and gave the Commission proof of mailings Mr Howard stated he inspected the-delineation last week and made no revisions and as such recommends closing the public hearing and issuing a Positive Determination of Applicability approving the BVW delineation as depicted on the plan of record Mike Kettenback, Coachmans Lane, was present and stated he wants permission to walk the wetland line with his biologist John Morin offered to talk to Mrs Loughlin about that Mr Kettenback stated he would like to review before the Commission takes their vote Mr Lynch explained to Mr Kettenback that the Commission cannot grant permission to any party to enter a private third-party's property Mr Lynch further stated that is perfectly fine for Mr Kettenback to hire his own biologist,but that the Commission relies on Mr Howard's excellent expertise On a motion by Mr Masse, seconded by Mr Mabon, the Commission voted unanimously to close the public hearing and issue a Positive Determination of Applicability approving the BVW delineation as depicted on the plan of record RDA 107 Granville Lane (J Anderson)Neve Associates The applicant has filed an RDA seeking authorization to install a pump chamber and perform re-grading within the Buffer Zone of a BVW John Morin was present and gave the Commission proof of mailing Mr Morin stated this is a repair of the septic system and the leaching field is 88' from the edge of wetlands The applicant has received a waiver from the BOH to allow for the construction Mr Howard stated the applicant has not requested any waivers from the Commission Mr. Howard recommends closing the public hearing and issuing a Negative Determination of Applicability with a pre- construction meeting to approve the installed erosion control On a motion by Mr 4 Masse, seconded by Mr Mansour, the Commission voted unanimously to close the public hearing and issue a Negative Determination of Applicability with a pre- construction meeting to approve the installed erosion control RDA 1101 Turnpike Street(Mass Electric Co) Ransom Environmental The applicant has filed an RDA seeking authorization to construct three traffic islands and install 100' of conduit within the Buffer Zone of a BVW and the Riverfront Area Maureen Beecy,Mass Electric was present and gave the Commission proof of mailing Ms Beecy stated that Mass Electric is open 7 days a week, 24 hours a day and they need security measures now The traffic islands will be installed on existing paved areas Mr Howard stated the work is minor in nature, and he recommends closing the public hearing and issuing a Negative Determination of Applicability with a pre-construction meeting to approve the installed erosion control On a motion by Mr Mabon, seconded by Mr Masse, the Commission voted unanimously to close the public hearing and issue a Negative Determination of Applicability with a pre-construction meeting to approve the installed erosion control RDA Lot 3A, 44 Bridges Lane (Patrick Mulcahy) Norse Environmental The applicant has filed an RDA seeking authorization to repair a septic system 78' from the edge of a BVW The limit of work is greater than 25' Mr Howard stated the delineation was inspected and approved as depicted on the submitted plan Steve Erickson,Norse Environmental, was present and gave proof of mailing to the Commission Mr. Erickson stated they need a variance from the BOH as there is no other feasible spot on the property Mr Howard recommends closing the public hearing and issuing a Negative Determination of Applicability with a pre-construction meeting to approve the installed erosion control On a motion by Mr Masse, seconded by Mr Mansour, the Commission voted unanimously to close the public hearing and issue a Negative Determination of Applicability with a pre-construction meeting to approve the installed erosion control RDA Lot 18, #60 Willow Street(Channel Bldg) G Wiech The applicant has filed an RDA seeking authorization to perform minor work within the Buffer Zone of a BVW Greg Wiech was present and gave proof of mailing to the Commission Elisha Raadtz, Health Science Administrator for Morton International,was also present Mr Wiech stated the property is located behind the Willows Raquet Club, was built in 1983, in 1993 Morton International leased the property and has since purchased it Morton International is proposing to install a chemical storage building, three labs and a concrete pad Ms Raadtz stated that Morton is extremely environmentally conscious, 1300 lbs per year is their output. Mr Howard stated the delineation is approved with no changes and the MSDS sheets have been submitted Mr Mabon asked to have pointed out on the plans where the waste will be taken out of the building Mr Wiech showed on the plans where the loading docks are for shipping and 5 receiving purposes There will be three rooms 10' x 10' with 20"containment pumps There are no floor drains in the building Mr Mabon expressed concern regarding process and/or waste chemicals finding their way into the wetlands Ms Raadtz stated Morton International does not put anything in a dumpster that is at all suspicious Mr Howard recommends closing the public hearing and issuing a Negative Determination of Applicability Ms Wescott asked Ms Raadtz to explain what type of heat-transfer fluid is used in the Chiller and to explain why a cover over the chiller pad is not proposed Ms Raadtz replied she could not remember why, but there is a very good reason Ms Wescott asked if a fluid-level alarm could be installed to provide advance warning when threat of overtopping may exist Ms Raadtz replied she doesn't think an alarm is necessary as Morton Industries have 24 hour a day operations, 5 to 7 days a week and it would take a heck of a lot of ram for the pad to overflow The building roof is externally drained and diverted away from the chiller pad area Mr Mabon asked if the dumpster could be moved, it seems to be in the worse possible location Mr Lynch stated that a typical OCC would prohibit a dumpster in the location where it now exists and asked Mr Howard if it is itself a violation to any previous OCC Mr Howard stated that an OOC was issued in 1993,however, Mr Howard will look into the dumpster issue Mr Howard recommends closing the public hearing and issuing a Negative Determination of Applicability with the following conditions to be satisfied prior to construction A As discussed at the public hearing, submit Morton International's maintenance plan and schedule, B Submit an MSDS sheet for the chemical Daltherm, C Schedule a pre-construction meeting with the NACC to inspect erosion control measures, D Submit a copy of the Board of Health dumpster permit to the NACC On a motion by Mr Mansour, seconded by Mr Masse, the Commission voted unanimously to close the public hearing and issue a Negative Determination of Applicability with the above named conditions to be added Notice of Intents) 242-883 1635 Osgood Street(Tyler Munroe)Marchionda&Assoc cont fr 1011197 This agenda item was continued from the 10/1/97 public hearing Mr Howard has reviewed the delineation and made revisions resulting in a reduced wetland delineation Mr Howard spoke with John Chessia and Mike Rosati last Friday and they are working on the drainage review John Barrows, Marchionda& Assoicates, was present and is requesting a continuance until the December 3, 1997 meeting in order for the consultant to have ample time to review the drainage On a motion by Mr Mansour, seconded by 6 Mr Mabon,the Commission voted unanimously to continue the public hearing until the 12/3/97 meeting, and the applicant must re-advertise in the newspaper 242-882 Stevens St Map 96/Lot 36 (Flintlock, Inc) Marchionda&Assoc cont fr 10115197 John Barrows was present and handed out revised plans to the Commission A site walk was performed on Saturday the 18" A series of retaining walls have been added to the plan resulting in much less site disturbance Because of this, Mr Howard is much less concerned about a phased construction approach Mr Barrows stated that the access to the site is now proposed to be a box culvert, rather than a span On a motion by Mr Mabon, seconded by Mr Mottola,the Commission voted unanimously to continue the public hearing until November 19, 1997 242-887 369 Salem Street Bogusha Duda(New England Eng) cont fr 10/15/97 This item was continued pending the receipt of a DEP file number. On a motion by Mr Masse, seconded by Mr Mansour,the Commission voted unanimously to close the public hearing and issue a decision within 21 days NACC#7 Lot 3, Saile Way (Eight Meadows Realty Trust) Dennis Quintal Atty Dan Bailey and Dennis Quintal were present Proof of mailing was given to the Commission The project is a single family home located in the watershed of Lake Cochichewick The Commission members had a letter in their packet dated 10/31/97 from Mr Howard to the applicant which they reviewed Mr Howard stated the applicant proposed a waiver for the lot because of the applicant's own creation, not a hardship Mr Howard stated he does not feel the project is approvable as is agrees Atty Bailey stated it is appropriate what Mr Howard says,but driveways spurs were approved under a modification to the OOC in 1994 The applicant showed the Commission a modification that was approved under Richard Doucette. Mr Howard is clearly distressed, the NACC does not have this modification in their filest Atty Bailey stated there was a lot of litigation over this, and the present plan from the applicant reflects this Atty Bailey stated that he is sure he gave a copy of the plan to Richard Doucette,however, it is not in the NACC files Atty Bailey stated the Planning Board will give them a hard time if the driveway is moved further north Mr Howard stated that the Commission must stick to what has been previously approved. Mr Masse asked Mr Howard if this is the first he has heard of the approved modification plan that we do not have and Mr Howard replied "yes " Mr Quintal stated he thought Mr Howard had the correct plan Mr Lynch stated that discussions of this nature have no business before the Commission and suggested the applicant,the attorney and Mr Howard have a meeting in the Conservation Office to try and sort this out Atty Bailey asked the Commission to grant him 5 minutes to confer with the applicant It was granted, and then the applicant agreed to give the Commission a two week continuance until the November 19, 1997 meeting On a motion by Mr Mabon, seconded by Mr Masse,the Commission voted unanimously to continue the public hearing until November 19, 1997 7 242- 1100 Salem Street(James Higgins) New England Engineering Services The applicant has filed an NOI seeking authorization to repair an existing, failed septic system within the Buffer Zone of a BVW Ben Osgood, Jr was present, but did not have the proper proof of mailings He agreed to drop them off at the Conservation Office sometime during the week(Joe,Ben dropped them off tome on 11/10/97) This is a septic system repair located at the rear of the home Mr Osgood stated it is a 60,000 sq ft lot with the first 150' being dry and the rest wet The north side is the appropriate location for the new system It is 37' from the BVW and raised up Mr Howard stated he inspected the proposed wetland delineation on 10/28/97 and while there were no changes made to the line Mr Howard noticed the presence of leaf clippings just east of flag A3 and a large amount of fill consisting of thick bark mulch between flag A2 and A3 Mr Howard stated he would like a site walk of the Commission members to help determine whether it is an old, historical violation or recent Mr Lynch stated he wants a new P E stamp on the plan,the present one is not clear enough On a motion by Mr Mabon, seconded by Mr Mottola, the Commission voted unanimously to continue the public hearing until 11/19/97 and to schedule a site walk 242-886 Lot 11 Pheasant Brook Rd, Evergreen Est(DECMEssex) Basbanes Assoc The applicant has filed an NOI seeking authorization to construct a single family dwelling and septic system within 100' of a BVW Leah Basbanes and Al Couillard were present and proof of mailing was given to the Commission Ms Basbanes handed out revised plans to the Commission showing the driveway placed further away from the wetlands They are seeking a BOH variance for septic in the buffer zone No work is proposed in the no-disturbance zone, some grading in the 50' buffer zone Mr Howard stated the delineation as shown is correct and the revised plan is to his satisfaction Mr Howard has no issues and recommends closing the public hearing and issuing a decision within 21 days On a motion by Mr Mabon, seconded by Mr Mansour,the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-885 Forest View Subdivision (Mesta Dev) MHF Design Consultants The applicant has filed an NOI seeking authorization to construct a 92 lot subdivision(of which 39 lots fall under NACC jurisdiction)with associated roadways, utilities and stormwater management structures Mark Gross and Mark West were present and proof of mailing was given to the Commission Mr Howard stated he has done a preliminary review of the application and met with Mr. Gross to discuss outstanding issues Mr Gross stated the parcel is 72 acres with 53%open space geared to passive recreation located adjacent to the state forest The Request for Determination of Applicability was positive and the sewer system is proposed for three miles. Mr Gross showed a plan of the grading and wetlands Six detention basins are on site for the 2, 10 and 100 year storm events Coler and Colantonio is reviewing the stormwater information 16 units per year will be built due to the phased development bylaw A series of arch culverts and 8 retaining walls will be used at the wetland crossings and there will be two pedestrian crossings A site walk was discussed and all stormwater management areas will have to staked out, the replication area, trail crossings and wetland flags should be installed Mr Lynch asked who would own the open space and was told some of it will be owned by the homeowners and the Commonwealth DEM may be interested in the parcel nearest the state forest On a motion by Mr Masse, seconded by Mr Mabon, the Commission voted unanimously to continue the discussion until the November 19, 1997 public hearing Decisions: 242-887 369 Salem Street Bogusha Duda(New England Eng) Mr Howard had a draft OOC prepared for the Commission's review On a motion by Mr Masse, seconded by Mr Mottola,the Commission voted unanimously to approve the draft OOC for 242-887 369 Salem Street Adjournment: On a motion by Mr Mansour, seconded by Mr Mabon,the Commission voted unanimously to adjourn the meeting At this time the Commission was polled to enter into Executive Session to discuss the Bylaw/Regulations The result of the vote is as follows Mr Lynch yes Mr Mottola yes Mr Mabon yes Mr Mansour yes Mr Masse yes TI ie C mmissio e rel into Executive Session to discuss the Bylaw/Regulation J 'seph W LynJ , fr , airman 9