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HomeMy WebLinkAbout1999-04-21 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room April 21, 1999 Members Present: Scott Masse, Vice Chairman, Joseph Lynch, Jr., John Mabon and Deborah Feltovic. Albert Manzi, Jr , Chairman, Robert Mansour and Beth Wescott were absent Staff Present: Richelle L. Martin, Conservation Administrator and Karen A. Fitzgibbons, Conservation Secretary The meeting was called to order at 7:00 p.m. Minutes. February 3, 1999 February 17, 1999 On a motion by Mr Lynch, seconded by Mr Mabon, the Commission voted unanimously to approve, as written, the above listed minutes. General Business: 242-147 COC Lot 20 #150 Lacy Street, John McLean, Ir An OOC was issued on April 7, 1982 authorizing construction of a single family home, septic system and reconstruction of an existing driveway Lot 21 received a COC a month ago and found they still do not have clear title because they share a common driveway with lot 20, therefore, this request is before the Commission. Ms. Martin stated the permit is old and doesn't mandate any COC requirements, it is an administrative issue. Ms. Martin recommends the Commission issue a COC. On a motion by Mr. Lynch, seconded by Ms. Feltovic, the Commission voted unanimously to issue a COC for 242-147 242-749 Discussion/Enforcement Order Harold Pkr State Forest/Berry Pond Rd Ms Martin stated she met with Atty. Vontsalides and Dave Johnson in the field. Mr. Masse was due to attend, but had a court hearing. He has since spoken to Atty. Vontsalides regarding the field meeting and the plans. The Commission reviewed the proposed plan to cut, cap and abandon the pipe and Ms. Martin showed the plan where the catch basin was approved. DEM proposes to install hay bales and cut and cap the pipe They will also install a dry well and erosion control. Ms Martin stated she wants signs installed and caution tape installed along the area of work The catch basin will remain Mr Masse stated he spoke with Atty. Vontsalides and he apologized for Stuart Weinreb's attitude before the Commission. Ms Feltovic made a motion to amend the Enforcement Order per the correspondence dated 4/20/99 from Atty. Vontsalides and the applicant must have a pre and post meeting with Ms Martin Mr Lynch seconded the motion and the Commission voted unanimously. 242-784 Discussion Abbott Village Subdivision (No. Andover Land Corp) Atty Speicher is present this evening and stated regarding the Commission's amendment to the last amendment for condition #15: Judge Kilborn said to return to the Commission to re-assess the proposal for a bridge. The cost of a bridge vs the price would make it prohibitive. Atty Speicher stated the applicant has gone to some expense to do a report of a reasonable estimate of what it would cost to do a bridge and that is 3/4 of a million dollars! Mr. Masse stated he thought the basis of the discussion tonight was for the amendment, not a bridge, however, he will allow the applicant to proceed for the time being A man from Fay & Spofford distributed a booklet explaining the proposed bridge and the cost. He discussed the bridge design, gravity sewer, a pump station, cost for a boring contract, access, a temporary crossing and the fact that the state would require someone to be present to be sure all went well Mr. Lynch stated the Commission will need some real idea of where the estimates come from. Mr. Masse stated the Commission will review the information presented tonight and continue the discussion in 2 weeks. The applicant is requesting a continuance until May 19, 1999 since some of their people won't be available in 2 weeks. The continuance will be May 19, 1999. 242-893 Modification to OOC (Rte 114 Sewer Project) Devine, Millimet & Branch Atty. Robert Lavoie is present for the applicant along with Elmer Pease and Ken Grandstaff Mr. Masse stated he has some concerns about the request for a modification and is it proper. Atty. Lavoie stated there is a letter from Jim Rand dated 3/99 regarding conditions 30 through 33 and that our filing came at a time when the Town was trying to deal with the Glenwood Street problem According to the letter DPW wants to remain in charge of the I & I by controlling the project. Mr. Masse asked, regarding condition #30, are you trying to not do it? Mr. Lynch stated it seems DPW would prefer to have the money, but the Commission wants the developer to make the improvements not to pay DPW to do it! Mr. Lynch further stated it was very deliberate how the Commission wrote the Order and I'm not about to change my mind now! Mr. Masse stated there was no appeal and he does not see any basis to issue a modification. The applicant had the opportunity to appeal and didn't Atty. Lavoie stated that condition #30 is about millions of gallons per day and Mr. Lynch replied that's right and that's why the Commission wrote it that ways Mr Grandstaff stated if I'm understanding what you're saying, it doesn't matter what happens 20 years from now because of the design of the pump stations? Mr Lynch replied yes, and at the meetings I believe I said that. Atty. Lavoie stated that CDM has calculated the oversizing costs and the Town will allow us to recoup about a million dollars Mr Lynch expressed concern that at the time the applicant knew this) Atty. Lavoie asked that if Glenwood never existed would the Commission have imposed such conditions? Mr. Lynch replied yes, and we were looking for a clear solution to the problems not money contributed to a slush fund! Mr. Masse stated those issues were addressed in 1998 and there was no appeal. Mr. Lynch suggested that Bill Scott, Jim Rand, Ms. Martin and the applicant have a meeting about this Mr. Grandstaff stated that may not be feasibly doable Mr Masse stated that if the applicant can show him proof the conditions cannot be met, he will reconsider, but not before, Mr. Grandstaff stated he feels the I & I problem has been solved. Mr Lynch said no, it hasn't Atty. Lavoie stated the Town seems to have its own toll booth regarding this project! Mr. Grandstaff stated the Town has done what you theoretically have asked us to dol Mr. Lynch stated we seem real close, but I will need something from the administration in writing (someone other than Jim Rand). Mr Masse stated he still sees no information as presented and a modification should be denied Mr Lynch made a motion, seconded by Ms Feltovic, to deny the modification request. The vote of the Commission was unanimous. Public Hearings (8:00 p.m.) Request for Determination of Applicability 110 Russett Lane (Joseph Morra) Curro Construction cons fr 3124199 Anthony Curro and the homeowner, Joseph Morra, are present this evening This public hearing was opened at a previous meeting and continued because the applicant was out of the country Ms Martin stated Mr. Curro has completed the RDA, put erosion control down and the grass must grow now. Ms Martin has been out to the site and stated the area looks good now. Mr. Morra stated the area needs to be smoothed out and seeded. Mr. Lynch made a motion, seconded by Ms. Feltovic, to issue a Negative Determination with the following 2 conditions: 1 The site is to be raked and seeded and is to be fully stabilized to the satisfaction of the NACC agent by no later than June 1, 1999. 2 Erosion control not to be removed until the NACC agent is satisfied with growth. The vote of the Commission was unanimous. Notice of Intent(s) 242-945 Salem St, Map 65, Lot 14 (The Sanctuary) Merrimack Eng cont fr 3114199 Les Godin is present this evening asking the Commission to grant a continuance until the May 5, 1999 meeting to allow the applicant time to review the information submitted on Friday, April 16`h There are no abutters present. On a motion by Mr Mabon, seconded by Ms Feltovic, the Commission voted unanimously to grant the applicant's request for a continuance until May 5, 1999 242-953 2 Clark St (Lawrence Municipal Airport) King Air Charters cont fr 3124199 Atty. Doug Deschenes is present and stated significant changes have been made at the recommendation of the consultant, therefore, they are requesting a continuance until the May 19, 1999 meeting Ms. Martin stated she needs a letter outlining the changes a week in advance of the meeting On a motion by Mr. Lynch, seconded by Ms. Feltovic, the Commission voted unanimously to grant the request for a continuance until the May 19, 1999 meeting 242-949 Sutton St Map 75/1 (N E Storage Corp) Christiansen & Sergi cont fr 4/7/99 The Commission office received a written request dated 4/20/99 asking that the public hearing be continued as the applicant needed time to respond to the consultant's comments and also they had conflicting meetings and Phil Christiansen was to be out of town with his son visiting colleges Mr. Masse stated he for one would allow the request only because at the last meeting there were problems with the consultant's work On a motion by Mr. Lynch, seconded by Ms Feltovic, the Commission voted unanimously to grant a continuance until the May 19, 1999 meeting. 242-952 240 Charles St, Map 75 Parcel 1 (GLSD) CDM cont from 4/7/99 Mike Walsh, Mike Vissichelli and Richard Hogan are present this evening At the last meeting there was some confusion regarding proof of mailing to the abutters and to Natural Heritage The Commission allowed the applicant to present proof of mailings this evening and they have, to the satisfaction of the Commission members Mr Walsh stated the meeting in the field with Ms. Martin and Patrick Seekamp was productive Mr Walsh stated there are two areas near GLSD that are available for development, one is close to the river. Regarding the resource areas, the applicant is proposing to construct a 25' no disturbance zone in an area where they now mow grass, and feel there will be a net benefit when all done. Mr Walsh stated they would need the authority to enter the area if a pipe should break and need repair. They are proposing to fill a 150 sf area and expand another area to mitigate that. Mr Lynch stated he is intrigued with the offer to provide a mitigation area. Ms Martin stated the applicant's delineation was off 2' to 3' in two areas Erosion control is proposed and the applicant was told a silt fence and hay bales are required in North Andover. There are no abutters present. Mr Lynch stated that someone at Weston & Sampson's level should be hired for this review. Mr Lynch made a motion, seconded by Ms Feltovic, that an escrow account in the amount of $5,000 be established and that Weston & Sampson be the consultant It was discussed whether there should be a site walk. Mr. Lynch made a motion for reconsideration that the consultant be a competent professional, not necessarily Weston & Sampson Mr Lynch made a new motion, seconded by Ms. Feltovic, to establish and escrow account in the amount of$5,000 and Coler & Colantonio be hired as the outside consultant with Mr. Lynch to be present at meetings. The vote of the Commission was unanimous. On a motion by Mr. Lynch, seconded by Ms. Feltovic, the Commission voted unanimously to continue the public hearing until May 5, 1999 at the request of the applicant 242-954 Lot D Mill Road(J T & C Const Corp) New England Eng cont fr 3124199 Ben Osgood, Jr. is present this evening along with Joe Contralto Mr Osgood stated the consultant reviewed the wetland line and flags A3-1, B-1, B-2, B-3 and B-4 were added, no real impact to the project The applicant submitted a sketch showing swales to be built into the hill coming down the driveway. 2:1 side slopes are present and the applicant could cut a Swale with a rip rap, pitch driveway and water would drain into woods The main pollutant will be road sand in the winter time. Ms. Martin stated the buffer zone has increased a couple of feet and the no- disturbance zone should be revised The project is on Town sewer. Mr. Lynch stated the slope and soils are everything on this project and a prudent contractor should recognize that and the time of year of construction will be important. Andy Barraford, an abutter, was present and stated his driveway has a steep slope and he needs to use a lot of sand and salt and he wants to go on record that he opposes the project because he and his wife like to see the stone wall! Dan Murphy, an abutter to the abutter, expressed his objection because there is a very serious water problem. Mr. Murphy, 20 Mill Road, stated he has an appointment with Bill Scott and Jim Rand on Friday morning. Mr Lynch asked what is your water problem, and Mr. Murphy stated that is what Jim Rand and Bill Scott are coming out to see. Helen Kellner, 920 Turnpike Street, stated she has sold some land in the area with the thought of protecting the wetlands and she is hoping the Commission will uphold the protection of the wetlands. Mr. Lynch stated to Mr. Osgood that he should come up with an idea of how the sand and salt can be treated and collected Mr Contralto is asking for clarification of what the Commission is looking for regarding the sand and salt Mr Lynch stated we are looking for you to show us an area and means to collect and clean the suspended solids. The applicant is requesting a continuance until the May 5, 1999 meeting On a motion by Mr. Lynch, seconded by Mr. Mabon, the Commission voted unanimously to grant the continuance until the May 5, 1999 meeting 242-956 Campbell Rd (West Env) Webster Woods Ln (aka Joanne Dr) cont fr 417199 Mark West and Elmer Pease are present this evening. Mr West stated that Mike Howard reviewed the wetland boundary line and sent a letter to Ms. Martin regarding that. Mr West pointed out the new parcel on the plan, there are now three lots and the Commission approved the modification at a previous meeting. Mr West stated the homes will be 54', 55' and 60' to the wetlands and pointed out exactly where on the plan. There are stoney nobs present and test pits have been done for infiltration from roof drains. Ms Martin stated that the erosion control should be on the other side of the stone wall and pointed out that no decks are shown on the plan. Mr. Pease stated that they will make notes that there will be decks Mr West stated there are plenty of stones in the ground that they plan to utilize fora wall The applicant was told that some flags needed to be added to the plan. Mr. Lynch pointed out that foundation drains must be installed according to code. Mr. Masse instructed Ms Martin to draft up a list of what she wants and give it to Mr. West. On a motion by Ms. Feltovic, seconded by Mr. Mabon, the Commission voted unanimously to,continue the public hearing at the May 5, 1999 meeting 242-222 10 Campbell Road (MPG Realty Corp) West Envâ–şronmental Mark West is present this evening asking for a continuance The legal notice was read to open the public hearing and there are no abutters present. On a motion by Mr. Lynch, seconded by Mr. Mabon, the Commission voted unanimously to continue the public hearing until the May 5, 1999 meeting Adjournment: On a motion by Mr Lynch, seconded by Mr. Mabon, the Commission voted unanimously to adjourn the meeting