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HomeMy WebLinkAbout2003-02-13 Conservation Commission Minutes e Conservation Commission Meeting D ne February 12 2003 UU W 1 Members Present: Scott Masse, Chairman, Albert Manzi, Jr , Vice Chairman, Joseph W Lynch, Deborah Feltovic, John J Mabon, Sean F McDonough Members Absent: Beth Wescott Staff Members Present: Julie Parrino, Conservation Administrator, Alison McKay, Conservation Associate, and Donna Wedge, Conservation Secretary Meeting came to order at 7:10 and Quorum was met. General Business 242-942,Modification and COC, 705 Bradford Street Melton) (William Barrett Homes) William Barrett and Robert Moore of William Barrett Homes were present Ms Parrino discussed the project with the Commission, referring to the recommendations Ms Parrino said that condition #31 required the establishment of a 60-foot No-Disturbance zone from the edge of the adjacent wetland resource area However, there was an area on the as-built plan that is not meeting the 60-foot No-Disturbance The modification was for several retaining walls and two decks A motion to issue the modification was made by Joseph Lynch and seconded by Deborah Feltovic. Sean McDonough abstained Vote 5-0-1 The limit of work, however, is consistent with the approved plan She added that the current snow conditions made it impossible to verify site stabilization Mr Barrett and Mr Moore assured that the site was stable After some discussion, the Commission felt they could not issue the COC, unless staff confirmed stabilization �p Mr Barrett withdrew the request for COC, until further evidence of stabilization could be confirmed, but j requested a partial bond reduction A motion to issue a bond reduction for$ 1,500 was made by Joseph Lynch, seconded by Deborah Feltovic Albert Manzi, Scott Masse, and Sean McDonough opposed Vote 3- 3 Motion denied The Commission discussed the amount of bond reduction A motion to issue a bond reduction in the amount of $ 1,000 was made by Joseph Lynch, seconded by Albert Manzi Unanimous 242-816,PCOC, Lot 11 (Campbell Forest LLC) Ken Ahern of Mesiti Development Corporation and Eric Heyland of Engineering Alliance, Inc were present Mr Manzi was concerned about issuing PCOC's within the Campbell Forest Subdivision until overall drainage design was verified as adequate Mr Ahern defended that stormwater structures were adequate for drainage of the subdivision Mr Heyland presented some draft drainage plans provided by Merrimack Engineering He noted that, although in draft form, the impervious area calculated was very close to the proposed impervious areas Mr Mabon requested a quantitative analysis and a model verifying the drainage Mr Ahern stated that the new owners may install additional structures (pools, basketball courts, etc ) in which the builder has no control over A motion to issue a PCOC for Lot 11 with the stipulation that the approval does not certify the operation and function of the drainage system was made by Joseph Lynch and seconded by Deborah Feltovic Unanimous 242-816 & 242-956, PCOC & Modification, Lot 9 (Campbell Forest LLC) Ken Ahern of Mesiti Development Corporation and Eric Heyland of Engineering Alliance, Inc were present The Commission felt that the missing sections of the wall should be compensated with the installation of the wetland markers in addition to the $300 fine to prevent future encroachment A motion to grant a modification for Lot 9 with the condition to install medallions at the 25 foot No-Disturbance Zone was made �J by Joseph Lynch and seconded by John J Mabon A motion to issue a PCOC for Lot 9 was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous 242-816, PCOC & Modification,Lot 6 (Campbell Forest LLC) Ken Ahern of Mesiti Development Corporation and Eric Heyland of Engineering Alliance, Inc were present Mr Ahern requested to withdraw and continue to the February 26, 2003 meeting A motion to continue to February 26, 2003 was made by Joseph Lynch and seconded by Deborah Feltovic Unanimous 242-816 & 242-896,PCOC & Modification, Lot 813 (Campbell Forest LLC) Ken Ahern of Mesiti Development Corporation and Eric Heyland of Engineering Alliance, Inc were present Mr Ahern requested to withdraw and continue to the February 26, 2003 meeting A motion to continue to February 26, 2003 was made by Scott Masse and seconded by Joseph Lynch Unanimous 242-816 & 242-956, PCOC & Modification, Lot 8 (Campbell Forest LLC) Ken Ahern of Mesiti Development Corporation and Eric Heyland of Engineering Alliance, Inc were present Mr Ahern requested to withdraw and continue to the February 26, 2003 meeting A motion to continue to February 26, 2003 was made by Scott Masse and seconded by Joseph Lynch Unanimous 242-816,PCOC & Modification,Lot 10 (Campbell Forest LLC) Ken Ahern of Mesiti Development Corporation and Eric Heyland of Engineering Alliance, Inc were present Mr Ahern requested to withdraw and continue to the February 26, 2003 meeting A motion to continue to February 26, 2003 was made by Scott Masse and seconded by Joseph Lynch Unanimous 242-816, PCOC, Lot 7 (Campbell Forest LLC) Ken Ahern of Mesiti Development Corporation and Eric Heyland of Engineering Alliance, Inc were present Ms McKay indicated that all work on this lot was entirely outside the buffer zone There were some changes made to the original plan including the addition of retaining walls, a patio, and front and rear walkways,but were non jurisdictional A motion to issue a PCOC for Lot 7 only with the stipulation that the approval �— does not certify the operation and function of the drainage system was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous 242-816,PCOC,Lot 15 (Campbell Forest) Ken Ahern of Mesiti Development Corporation and Eric Heyland of Engineering Alliance, Inc were present Mr Ahern requested to withdraw and continue to the February 26, 2003 meeting A motion to continue to February 26, 2003 was made by Scott Masse and seconded by Joseph Lynch Unanimous 242-816,PCOC,Lot 16 (Campbell Forest) Ken Ahern of Mesiti Development Corporation and Eric Heyland of Engineering Alliance, Inc were present Mr Ahern requested to withdraw and continue to the February 26, 2003 meeting A motion to continue to February 26, 2003 was made by Scott Masse and seconded by Joseph Lynch Unanimous 242-683, PCOC,Lot 28 Weyland Circle (Bere) (Carter & Coleman P.C.) The lot was not located in the buffer zone This was an administrative PCOC A motion to issue a PCOC was made by Sean McDonough, seconded by John J Mabon Unanimous 242-1157- Modification, Eastside Interceptor High Street Sewer (Town Of North Andover) (Guertin Elkerton John Gioioso, Mark Gioioso of P Gioioso & Sons, Inc and David Press of Guertin Elkerton Engineering were present In order to install sewer manhole#4, #123, and#124, the sewage flow needed to be bypassed from sewer manhole#5 to#3 The modification if for a temporary clearing of a 20-foot wide existing sewer easement beside Cochichewick Brook to access a sewer manhole for the bypass The area to be cleared is within the BVW & Riverfront along the Brook and will require approximately 325 linear feet of clearing The maximum of total disturbed area is 4,100 square feet The area of disturbance will be revegetated and `restored New erosion controls, as well as daily monitoring will be required A motion to grant the modification with erosion controls and daily monitoring was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous 242-991,Bond Release, 140 Willow Street(Dutton & Garfield) Mark Gross of MHF Design Consultants, Inc was present Ms Parrino explained that the Order of Conditions was issued for the construction of a 7344 s f 2 story building, parking lot, utilities, drainage structures, and a wetland replication area The original bond posted was $39,970 Two reductions were released previously and $15,000 remains Site has been inundated by water due to beaver activity, causing concerns about whether the detention pond is functioning properly The applicant would be responsible for mitigating the flooding As-builts were submitted Upon review of the site, no snow or salt signs were posted These signs were required in the Order The required wood rail fencing required were buried under plowed snow, so it was impossible to verify its location Wetland markers were also required on wood posts Confirmation of the markers could not be determined upon inspection Until above issues have been adequately addressed, the Commission felt that a bond reduction was not acceptable at this time A motion to deny the bond reduction was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous Public Hearing 9:OOpm Albert Manzi left the meeting at 9:10pm Request for Determination of Applicability (s) 1030 Forest Street (Inangelo) (New England Engineering) Ben Osgood Jr of New England Engineering and John Ianagelo, the applicant, were present Mr McDonough read the legal notice The filing was for the permitting of an existing driveway extension, the installation of an existing retaining wall and the clearing of trees in the buffer zone. A pool will be constructed in the already cleared area outside of the 100-foot buffer zone The applicant was issued an after the fact fine in addition to the filing This fine was still outstanding A motion to issue a negative determination with conditions to pay the outstanding fine, hold a pre-construction meeting, place erosion controls along the 100-foot buffer for pool construction, and place wetland markers along the 25' no- disturbance zone was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous Foster Street (Massachusetts Electric) (VHB) Daniel Pagent of VHB was present Mr McDonough read the legal notice The filing was for removal, relocation, and installation of utility poles along Foster Street in the vicinity of the Mosquito Brook crossing Work would be located within the buffer zone to BVW, bank and within Riverfront area Mr Lynch requested minimal impact to the trees and the tree canopy, specifically the large oak near a pole replacement Ms Parrino stated recommend issuance of a negative determination with conditions, erosion controls, and pre-construction A motion to issue a negative determination with erosion controls, a pre-construction meeting and a post construction meeting was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous Notice of Intent (s) 242-1162- 10 Commerce Way (Grasso) ( Hancock Environmental) (cont. from 1/8/03) Lisa Eggleston of Eggleston Environmental and Richard Albano of Hancock Environmental Consultants were present Ms Parrino left the room due to a conflict of interest Ms McKay indicated that revised plans were submitted addressing additional erosion controls, the limits of the gabion wall, and revised drainage, as a result of Ms Eggleston's review comments The O & M plan had also been revised to include additional cleaning of the site and its drainage components, and additional house keeping methods Hancock had 'presented new plans at the meeting that had not been reviewed by either Ms McKay or Ms Eggleston, however, Mr Albano indicated that the changes were minimal with no impact to the current drainage design Ms Eggleston's main concern on the latest revision that she had reviewed was the assumed 7" percolation rate for groundwater recharge and infiltration Ms McKay recommended that the Commission continue to the next hearing so that she and Ms Eggleston could fully address any outstanding issues. A motion to continue to the February 26, 2003 meeting was made by Joseph Lynch and seconded by Deborah Feltovic Unanimous 242-1179,Bradford Street, Carter Hill (Tara Leigh Development LLC) (Epsilon Associates) Michael Howard of Epsilon Associates, Thomas Zahoruiko of Tara Leigh Development, and Marc Gross of MHF Design, Inc were present The applicant had submitted revised plans showing revised drainage outlets just outside the 100-foot buffer zone Revised drainage calculations have also been submitted A motion to issue a decision in 21 days was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous 242-1184, 2060 Turnpike Street (Brian Walter) (Neve Associates) (Cont. from 1/22/03) Greg Hochmuth of Neve Associates was present The Commission requested the applicant to submit a letter to conduct restoration activities on the neighbor's property Ms Parrino said the letter had been submitted and signed by the neighbor Revised plans were also submitted showing revised plantings and the requested stonewall along the No-Disturbance Zone A motion to close the hearing and issue a decision in 21 days was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous 242-1181, 93 Wintergreen Drive (Jonathan Maren) (New England Engineering) Ben Osgood of New England Engineering was present Mr McDonough read the legal notice The filing was for a replacement septic system and leach field to the front of the house within the 100-foot buffer zone and within the Riverfront of Mosquito Brook The site is also within estimated habitat and is awaiting NHESP review A motion to continue to the February 26, 2003 meeting for NHESP review and to submit revised plans showing the stone wall was made by Deborah Feltovic, seconded by John J Mabon Unanimous 242-1182, 1174 Turnpike Street (Jim & Carol Finley) (Merrimack Engineering) The applicants and William Dufresne of Merrimack Engineering were present Mr McDonough read the legal notice. The filing was for the demolition of a fire-damaged house and construction of a new single family home, driveway, retaining wall, and associated grading There were concerns regarding the proposed grades on site and steep grade of the slope held by the retaining wall and the integrity of the retaining wall Mr Mabon suggested check dams and Jute matting along the slope prior to and during construction Ms Parrino suggested that the disturbed areas in the 25-foot No-Disturbance Zone should be revegetated with woody vegetation A motion to continue to the February 26, 2003 meeting was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous 242-1183, 58 Oakes Drive, (Brian Packard) (New England Engineering) Ben Osgood of New England Engineering was present Mr McDonough read the legal notice The filing was for the replacement of a subsurface septic system and associated leach field located in the buffer zone and within estimated habitat The applicant is awaiting NHESP review The stream located on the property was shown as intermittent on the USGS maps However, streamstats data should be presented to verify this A motion to continue to the February 26, 2003 meeting was made by Joseph Lynch, seconded by John J Mabon Unanimous No Decisions Meeting Adjourned at 11:00pm.