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HomeMy WebLinkAbout1999-07-21 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room July 21, 1999 Members Present: Albert P. Manzi, Chairman, Scott Masse, Vice Chairman, John Mabon, Deborah Feltovic and Beth Wescott Joseph Lynch and Robert Mansour were absent. Staff Present- Richelle L. Martin, Conservation Administrator, Brian LaGrasse, Conservation Associate and Karen A. Fitzgibbons, Secretary. The meeting was called to order at 6:30 p.m. On a roll call vote, the Commission voted as follows to enter Executive Session and then to re-convene in open session: Mr. Manzi yes Mr. Masse yes Mr. Mabon yes Ms Feltovic yes Ms Wescott yes Mr. Lynch yes Mr Mansour yes Minutes: May 19, 1999 June 16, 1999 June 16, 1999 ex sessions The above listed minutes were not ready for approval this evening General Business: 242-951 Amendment to OOC Lawrence Municipal Airport Tom Urbelis, Town Counsel and Carol McGravey, Solicitor, City of Lawrence are present this evening. Atty. Urbelis stated, for the public record, what the Amendment to the Order of Conditions will contain • A $40,000 surety bond will be posted by the applicant. • Restoration work will be done pursuant to the restoration plan. • While the work is being done, a full time inspector (Randy Christensen) will be present. • Weekly reports will be filed with the Conservation Office until the planting is complete. The Commission can send their agent to view the site work. • A $1500 inspection fee to be paid to the Town of North Andover. • The applicant has 30 days to complete the work, after that they will be fined $100 a day. • The applicant will drop all appeals. Mr. Masse wanted to stress that daily inspection reports will be necessary during the work. Mr Masse made a motion, seconded by Ms. Feltovic, to accept the first amendment, as drafted and agreed upon, per request of the Airport Commission. The vote of the Commission was unanimous Open Space Committee Presentation (John Thompson) This item was tabled to later in the evening. 242-918 COC Lot 13 Hitching Post Road (Alvin Maillet) (Scott Giles) This OOC was issued on 9/3/98 authorizing the construction of a single family dwelling within the Buffer Zone of a BVW 25/50' setbacks were mandated and met, the house is 53' from the closest wetland flag and the office is in receipt of a letter from a P.E. along with stamped as-builts certifying compliance with the OOC. Brian visited the site on July 15`", has no issues and stated the site is stable. Brian recommends the Commission issue a COC. The Commission reviewed the plan and could not locate the foundation drain. Mr. Maillet pointed out where it should be, however, the Commission wants the foundation drain shown on the plan and recommended the applicant request a continuance in order to provide a revised plan showing the foundation drain On a motion by Ms. Feltovic, seconded by Mr. Mabon, the Commission voted unanimously to grant a continuance until the August 4, 1999 meeting. 242-820 Extension Permit Salem Forest IV (Christiansen & Sergi) Coolidge Const This OOC was issued on 10/16/96 authorizing roadway design and layout, utility installation, grading, detention pond and construction of 2 single family homes within the Buffer Zone of a BVW The OOC expires on 10/16/99 and the subdivision is still in its preliminary stages. The appropriate extension fee has been submitted and there are no issues at this time. On a motion by Mr. Masse, seconded by Ms. Feltovic, the Commission voted unanimously to grant a one year extension to expire on 10/16/2000. 242-964 Minor Modification to OOC (Hancock Env) (Dan Goudreault) This OOC was issued on 6/2/99 authorizing construction of a 24' by 24' garage and breezeway with associated grading and reconfiguration of the driveway within the Buffer Zone of a BVW The 25' and 50' setbacks are still being upheld with this proposed modification. The minor modification request is for an 8 by 34' farmers porch along the iron of the house and to maintain the existing pavement behind the proposed garage The farmers porch addition is proposed 61' from the wetland line and would not require any waivers or changes to the limit of work. The Commission discussed that the existing pavement in the no build zone could be a problem Mr Goudreault stated that it is for a patio. The Commission stated that the OOC calls for the pavement to be removed. Revised plans will be necessary and the applicant was told to have them in the Conservation office 7 days before the next meeting for the public's review Mr. Manzi stated to the applicant that he should tell Hancock Eng he needs a revised plan deleting the pavement. Mr. Masse made a motion, seconded by Ms Feltovic, to grant a continuance until the 8/4/99 meeting providing the applicant has revised plans in the Conservation Office 7 days before the public hearing The vote of the Commission was unanimous. 242-881 Ratification of Enforcement Order- Lot 2 Turnpike Street J Brian stated that King Weinstein's property is now in compliance, the Cease & Desist has been lifted and all that is left to do is for the Commission to ratify the Enforcement Order. On a motion by Mr. Masse, seconded by Ms. Feltovic, the Commission voted unanimously to ratify the Enforcement Order. 242-959 Minor Modification Lot 4N Berry Street Ms. Martin stated that an OOC was issued at the last meeting and the wording of a condition (#25) needs to be changed. The condition now reads "This OOC is issued as a substitution for those issued under File No 242-931." Peter Hingorani brought to Ms. Martin's attention the fact that that condition prohibits him from constructing the office building that was approved under that order, she agrees with that, but was under the assumption that he no longer wanted to pursue that OOC, but was wrong. Condition #29 should read "This OOC is issued in addition to those issued under File No 242-931 " This was a misunderstanding on Ms. Martin's part and she would like the Commission to grant the Minor Modification changing the wording of that condition. Mr Masse made a motion, seconded by Ms. Feltovic, to grant the minor modification to condition #25. The vote of the Commission was unanimous Lawrence Municipal Airport legislation Ms Martin pointed out to the Commission there is correspondence regarding this in their packets. Mr. Manzi stated that Rep. Torrisi received a letter from Marshall MacKinen, the airport manager, asking Rep Torrisi to help pass a tree clearing bill thereby having local control of the airport taken away. Mr. Manzi stated that if passed the small, local control North Andover now has would be gone. Mr Mabon stated he opposes the bill, and suggests a co-operative vegetation management plan. Ms Wescott agrees. Mr Masse made a motion, seconded by Ms. Feltovic, to inform Rep Torrisi that the Commission is opposed to House BiII No 3210. The vote of the Commission was unanimous. Appropriation of Wetland Filing Fees Ms. Martin is asking the Commission to encumber $2228.63 for the Conservation Associate's position. Ms. Feltovic began to make a motion when the Commission decided this needed further review. Ms Feltovic withdrew her motion and the Commission stated this would be continued at the 8/4/99 meeting. Open Space Committee Presentation (John Thompson) Ms. Martin stated she called Mr Thompson and left a message last Friday regarding tonight's meeting He called back today and stated he was working this evening and would be unable to attend. Ms Martin informed the Commission that the committee has not completed the evaluation and proposed trail locations on a map as outlined in her memo dated 5/11/99. Mr. Manzi inquired when the Open Space Committee was established was the number of members mentioned and Ms. Martin replied "no." The Commission feels they need to make this an effective committee and want to fill it with interested residents, members of the Planning Board, ZBA, Conservation Commission and Board of Selectmen Mr Mabon stated the Commission needs to inject some organization into the Open Space Committee. Mr. Masse suggested the Commission direct the re-structuring of the Open Space Committee, install new guidelines and requirements, decide on the number of members and propose a mission statement Ms. Wescott volunteered to draft something incorporating all of the above. On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to authorize Ms. Wescott to begin a draft mission statement. Public Hearings (8:00 p.m.) Request for Determination of Applicability 1090 Turnpike Street (Marsha Fielder) This RDA is for construction of an open deck and addition within the Buffer Zone to a BVW The deck will be 76' from the closest wetland point and grading is not necessary The wetland line has been reflagged and approved by the Conservation Department. Erosion control is proposed on a separate plan. Ms Martin stated she has no issues with the proposal and recommends issuing a negative determination with 2 conditions- Install erosion control and schedule a pre-construction inspection. There are no abutters present. Mr Mabon made a motion, seconded by Ms Feltovic, to issue a negative determination installing erosion control as depicted on the plan, and schedule a pre-construction inspection with the Conservation Department Notice of Intent(s) 242-970 326 Candlestick Road (Scott & Marlene Bowman) Ms. Martin stated that the Commission previously denied this project because the pool was proposed within the 50' No Construction Zone. The applicant re-filed, proposing the pool > 50' from the BVW and no waivers are required. The concrete apron is outside the 50'. The pool chemicals will be stored in the garage up off of the floor. A de-watering basin is also proposed. There are no abutters present and Ms. Martin has no issues. On a motion by Ms Wescott, seconded by Ms. Feltovic, the Commission voted unanimously to close the public hearing and issue a decision within 21 days. 242-967 777 Great Pond Road(Stephen Scully) cont fr 717199 Ms Martin stated the applicant has satisfied her concerns as outlined in her memo. Coler & Colantonio have reviewed the floodplain calculations and agree with the 100 year floodplain (BLSF). Ms Martin stated her review is satisfied and she has no further issues. There are no abutters present this evening Mr Mabon made a motion, seconded by Ms. Feltovic, to close the public hearing and issue a decision within 21 days. The vote of the Commission was unanimous. 242-969 1212 Salem Street (Ted Hanley) (Hancock Environmental) cont fr 717199 Ms. Martin stated the only outstanding issue was the complete set of proof of mailings and Julie has submitted them to the office. At the last meeting the Commission told Julie she need not be present this evening. The mailings match up with the abutters list. There are no abutters present On a motion by Ms. Feltovic, seconded by Mr. Masse, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-972 Sewer Line - Chestnut Street (Ralph Joyce) (Christiansen & Sergi) Ralph Joyce and Martha Reinhart are present this evening. Proof of mailings were given to the Commission. This NOI is proposing an extension of the sewer line off of Woodlea Road down Chestnut Street. Ms Martin stated the wetlands are correct on the plan and were identified with the Woodlea file The work will be within the existing pavement. In reviewing the plans Ms Martin has two concerns: 1. Where are they going to stockpile material and 2. Is the applicant going to include stubs to service existing homes? These items need to be shown on the plan. Mr. Joyce stated that the sewer line will be installed at Woodlea Road 1170' along Chestnut Street in road easements. There will be no impact to the wetland resource area, hay bales and erosion control will be used. The installation is being proposed in two phases, the first lasting two weeks and the remainder done beginning early 2000. They will be providing stubs to the new lots, which is shown on the plans. Regarding stockpiling, Mr. Joyce stated he doesn't think there will be a need for that, but if so, it will be done off site. Mane O'Hagen, 455 Chestnut Street, stated she is not on sewer, only wastewater, and is wondering if she can hook up. Mr. Manzi stated that the Commission cannot force an applicant to provide a stub, but Mr. Joyce agreed to install one for Mrs. O'Hagen's property. Bob O'Brien, 415 Chestnut Street, expressed concern about all the trees being cut Mr Joyce stated that he plans to file NOI's for lots 7 and 8 by Friday and the rest may wait until spring The Commission stated that they will condition a stub to be installed at 455 Chestnut Street. On a motion by Mr. Masse, seconded by Ms Feltovic, the Commission voted unanimously to close the public hearing and issue a decision within 21 days. 242-973 Lot D Mill Road (J T & C Const Corp) (New England Eng) This public hearing cannot be heard due to an advertising error Decisions: 242-970 326 Candlestick Road Ms Martin had a draft OOC prepared for the Commission's review. On a motion by Mr Masse, seconded by Ms. Feltovic, the Commission voted unanimously to approve, as drafted, the OOC for DEP #242-970. 242-949 Sutton Street Map 7511 (N E Storage Corp) Ms Martin had a draft OOC prepared for the Commission's review. On a motion by Mr. Masse, seconded by Ms. Feltovic, the Commission voted unanimously to approve, as amended this evening, the OOC for DEP #242-949. 242-960 1270 Turnpike Street (Greener Pastures) (Neve Assoc) Ms. Martin had a draft OOC prepared for the Commission's review. On a motion by Ms Wescott, seconded by Ms. Feltovic, the Commission voted unanimously to approve, as amended this evening, the OOC for DEP #242-960. 242-945 Salem Street, Map 54, Lot 14 (The Sanctuary) (Merrimack Eng) Ms. Martin had a draft OOC prepared for the Commission's review. On a motion by Mr Mabon, seconded by Ms Feltovic, the Commission voted unanimously to approve, as amended this evening, the OOC for DEP #242-945. 242-971 15 Forest Street U Cassell) (New England Eng) Ms. Martin 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, as drafted, the OOC for DEO #242-971 Adjournment: On a motion by Mr. Mabon, seconded by Ms. Wescott, the Commission voted unanimously to adjourn the meeting.