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
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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
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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.