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HomeMy WebLinkAbout2003-03-12 Conservation Commission Minutes R$ Conservation Commission Meeting March 26, 2003 Member colt Masse, Chairman, s Present S s , C an, and Albert Manzi, Jr , Vice Chairman, Joseph W Lynch Jr, and John J Mabon, Sean F McDonough Members Absent Deborah Feltovic, Beth Wescott Staff Members Present Julie Parrino, Conservation Administrator, and Alison McKay Conservation Associate, and Donna Wedge Conservation Secretary Meeting came to order at 7 OOpm Quorum was met General Business CH. 61, Right of First Refusal Thomas Zahoruiko of Tara Leigh Development was present Ms Parrino stated this is the portion of property George Barker will be selling to Tom Zahoruiko to access the Carter Farm Development Scott Masse questioned whether the letter was sent to the Community Preservation Committee for review and comments A motion to waive the rights under chapter 61 A was made by Albert Manzi, seconded by John J Mabon. Unanimous 242-754,COC, 400 Winter Street, (DiSalvo) Mr Paul DiSalvo was present Ms Parrino discussed filing and stated the OOC was issued on June 9, 1995 for removal of an existing two car garage and construction of a new garage and a porch in the buffer zone The bond amount was $1,000 for the work which was allowed under a waiver to construct a structures 38 feet from the BVW The plan approved was not a stamped plan,due to the minor nature of the work It appeared the Commission relaxed the plan requirements Michael Howard delineated the wetland line Ms Parrino stated the site appears stable and in compliance,no as- built plan and obviously no wetland flags in place to correctly verify conditions A motion to issue COC and bond release was made by John J Mabon, seconded by Joseph Lynch Unanimous 242-99, 1600 Osgood Street,Lucent Technologies (Formerly Western Electric) Mr John Lundberg of Lucent Technologies was present Ms Parrino discussed the filing and the OOC, which was issued on October 9, 1980 for the construction of paved parking areas An extension permit was issued on October 6, 1981 and October 6, 1982 The order required as built plans and certification from the professional who prepared the original plans The original engineer is deceased Scott Masse discussed that the Commission will require a stamped survey plan in accordance with condition 21 of the OOC The plan submitted is a survey plan of the entire site but is not stamped A motion to deny 242-99 based on inadequate as-built, was made by Albert Manzi, seconded by Sean McDonough Unanimous 242-324AA, PCOC, Lot 29, Coventry Lane-Orchard Path Estates(Lanell) No one was present Ms McKay discussed the filing The Order has significant history with i extensions, amendments,violations, and enforcement orders As a result, it seems as though the bond was seized, however DPW stated it was not seized but rather the developer went bankrupt and the property was taken over by Fleet Bank and corrections were made through the Mt Vernon Group Ms McKay said Lot 29 is a non jurisdictional lot and the applicant is requesting an administrative Certificate of Compliance An inspection was conducted and no wetlands within 100 feet were identified Mr Lynch questioned if Lot 29 was one of the problem lots A motion to issue PCOC for Lot 29 only, was made by Albert Manzi, seconded by John J Mabon Unanimous Filing Fee Appropriation,Associate Salary A motion was made for the appropriation of$ 3000 from the Filing Fee account for the Associate salary increase, by Joseph Lynch, seconded by Albert Manzi Unanimous Recess 15 min. Public Hearings 8:OOpm The Commission took the Public Hearing Agenda out of order. 242-1185 Lincoln Lab Line#2378 (btwn Dale and Brook/Turnpike Street, (Mass. Electric) E( NSR) Sonny Anand, Electrical Engineer from Mass Electric, Melissa Hall of Mass Electric, Paige Graemng of Mass Electric, Carl Tammi of ENSR, Tom Sullivan, a Forester of the State of Mass , and Bill Sherry V P of Mass Electric were present Ms Parrino presented an overview of issues raised at the last hearing including issues raised with the clearing activities, wetland delineation, wetland alteration, limited project status,need and future use of this upgrade line, alternative lines available and the overall association with the Woodchuck Substation Mass Electric submitted revised plans and an addendum to the NOI prior to the hearing The wetland line has been reviewed and approved in the field by the Conservation Administrator and one new potential wetland series was added, RR1 to RR2, near the pole 4255, near Blue Ridge Road Many flags missing due to snow conditions and over wintering and prior to work, all flags must be replaced Melissa Hall displayed an overview plan of the project and discussed the Open House that was organized to address abutter issues Engineering and Environmental stations were set up Mrs Hall discussed the catastrophic failure on Charles Street last summer She presented an overview of the site plans and discussed the 8 wetland crossings, especially the crossing identified on Sheet 8 of the site plans Mrs Hall further discussed the alternative analysis within and off the right-of-way Mrs Hall discussed the Salem Street alternative would be approximately 2 5 miles longer and would require the replacement of many higher poles Joe Lynch questioned the number of people who appeared at the open house. Tom Sullivan, a Mass Forester discussed the 5-year Management Plan and stated MassElectric corridors impact approximately 20,000 acres thru the State of Massachusetts The extensive cutting last fall was due to the thick shrub density and in anticipation of the new upgrade project He apologized that abutters were not notified, abutters had been previously notified prior to maintenance activities,however, the new cutting contractor did not notify the abutters Al Manzi 4 stated that the Commission was told that cutting activities were conducted for maintenance purposes only and not in anticipation for a project upgrade Mr Manzi congratulated Tom Sullivan for admitting the cutting activities were in preclude for this project and that cutting activities did exceed standard cutting activities Mr Manzi questioned why the line had to stay in existence and why the project upgrade could not tie into the Salem street pole infrastructure Sonny Anand addressed Mr Manzi's question He further explained that this feeder line will serve the community because it will reduce the stress on the service from Salem Street Mr Manzi stated he feels Alternative 2 would reduce impacts Jack Mabon stated that utilizing the Salem Street line may result in lower costs due to easier access and use of more conventional equipment for maintenance Carl Tammi, from ENSR, stated use of the existing line may cause more impacts to wetlands and would require a full upgrade of the pole line Bill Sherri stated the existing 2378 line contains 90 poles and the new line will consist of 91 Upgrade service on the Salem Street line would require the replacement of many higher poles and would require significant tree trimming He feels it would have a more significant impact due to the longer length of the line Mr Manzi stated he wants a more detailed alternative analysis outlining the impact Mr Mabon questioned how many poles would need to be replaced and the square footage of wetland impacts Melissa Hall stated if Alternative 2 was utilized, the 2378 line would still be maintained Sonny Anand stated the future may require utilization of the existing line Attorney Willis stated the line was erected in the 1960's, at the time of no environmental regulations and feels MassElectric is trying to "piggyback" on an existing line He stated the _1 past clearing activities should have been included under this filing Mr Willis feels the issue is that MassElectric needs another wire and the project now is not a limited project because it is a new project He feels there are alternative routes along the grid system Mr Willis stated the Commission needs to address the environmental issues of the utility line that was built in the past He feels this project is fast and dirty Attorney Paige Graening addressed Mr Willis's concerns and stated the utility line is grandfathered Lisa Simmons, an abutter, questioned whether other utility services can tie onto the MassElectric line (cellular) Paige Graening stated MassElectric is obligated to allow other services to utilize their line John McCaron of 75 Stirling Lane stated after speaking with Mass Electric, he understands the Salem Street line will have to be eventually up-graded, so why don't they utilize this line now Mr McCaron questioned whether the new substation would double or triple the power load Sonny Anand stated a study of the load growth over 10 years was done in the year of 2000 There will be feeders and one Transformer which will double the power John Lynch of Salem Street questioned who will review the alternative analysis Mr Masse stated staff and Commission members will review the information Carl Vissering stated he wanted to see a cost calculation for Alternative 2 A motion to continue to April 9,2003 meeting was made by Joseph Lynch, seconded by Sean McDonough. Unanimous. \ Albert Manzi left the meeting 9:40 pm Requests for Determination of Applicability (RDA) 128 Bridges Lane (Faris) (Seekamp Environmental) Michael Seekamp of Seekamp Environmental Consulting was present Mr McDonough read the legal notice Ms McKay discussed the filing of the RDA is for the installation of an 18 foot round pool on the northern side of the house The pool will be placed outside the 50-foot no- build zone and will be approximately 65-70 feet from the wetland line The applicant has requested a waiver from the plan requirements due to the nature of the work and the additional cost Mr Seekamp stated section 310 CMR 10 58 (6) (B) (5) exempts the work under the WPA, but not the By-Law Scott Masse stated he feels the plan does not even meet minimum requirements A motion to require a stamped survey plan with the elevation and a continuance to April 23, 2003 meeting was made by Scott Masse, seconded by John J Mabon Unanimous Notice of Intent(s) 242-1182- 1174 Turnpike Street(Jim& Carol Finley) (Merrimack Engineering) William Dufresne of Merrimack Engineering was present Ms Parrmo discussed the filing and previous Commission concerns about the stability of the slope during and after construction, especially in regard to the proposed boulder size The revised plans have been submitted reflecting a minimum of 36" size boulders to be placed along the slope William Dufresne stated the 36"boulders will be used and smaller rocks will be used to fill in the voids between the boulders Erosion controls will be placed along the 25-foot no-disturbance zone A motion to issue decision in 21 days was made by John J Mabon, seconded by Sean McDonough Unanimous 242-1186, Chestnut/Rea Street, (Peachtree Development LLC) (West Environmental) No one was present Joseph Lynch stated no quorum to vote therefore no action taken Scott Masse and Albert Manzi recused from voting 242-1187-500 Great Pond Road, (North Andover Country Club) The applicant requested to continue A motion to continue to April 9, 2003 meeting was made by Joseph Lynch, seconded by John J Mabon Unanimous 242-1189 - 0 Pleasant Street(Compass Properties Inc.) Gerald Brecker of Compass Properties Inc and Scott Giles P L S were present Ms Parrino discussed the filing The NOI is for a single family home on Steven's Pond. There is a sewer easement located to the rear of the property adjacent to the pond and the site is disturbed The design meets the 25-foot and 50-foot setbacks Joseph Lynch stated he wants the easement on the plan and soil stockpile and drywell locations shown on the plan Joseph Lynch wants Gerald Brecker to talk to William Hmurciak about the sewer easement next to his property A motion to continue to April 9, 2003 meeting was made by Joseph Lynch, seconded by Sean McDonough Unanimous 242-1188-211 South Bradford Street(Hurley) (Hancock Environmental Consultants) Richard Albano of Hancock Environmental Consultants was present Ms Pamno left the room due to a conflict of interest Ms McKay discussed the filing The project is for the construction of a garage with an attached breezeway, an additional walkway, driveway alteration, and infiltration basins located in the buffer zone to bordering vegetated wetland Riverfront area exists to the rear of the site and is within the limits of the BVW The site is also located in the Watershed Protection District Ms McKay stated wetland flags were missing during her field inspection but have since been replaced but not yet reviewed Joseph Lynch stated he wants an as-built post garage construction due to close proximity to the wetland resource A motion to continue to April 9, 2003 meeting was made by Joseph Lynch, seconded by Sean McDonough Unanimous Decisions 1174 Turnpike Street(Finley) (Merrimack Engineering) A motion to issue decision in 21 days was made by John J Mabon, seconded by Sean McDonough Unanimous Meeting Adjourned at 10:50 pm.