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HomeMy WebLinkAbout2003-04-09 Conservation Commission Minutes s 4 O oo° � DConservation Commission Meeting April 9,2003 Members Present: Scott Masse, Chairman, Albert Manzi, Jr, Vice Chairman, Joseph W Lynch Jr, and Sean F McDonough Members Absent: John J Mabon, Deborah Feltovic, and Beth Wescott Staff Members Present: Julie Pamno, Conservation Administrator, Alison McKay, Conservation Associate, and Donna Wedge, Conservation Secretary Meeting came to order at 7:05 pm General Business 242-1168, 127 Bridle Path (Chatson) The Commission briefly discussed the ongoing settlement agreement Request to Reconsider a Modification,242-1157,High Street Sewer Project William Hmurciak of the Department of Public Works, David Press of Guertin Elkerton, Stan Elkerton of Guertin Elkerton, John Gioioso of Gioioso& Sons Inc and William Moody of Guertin Elkerton were present Ms. Pamno said she had spoken with Tom Laughlin of the Mass Highway Department who indicated that the structural engineer was not going to approve the pipe under the bridge as it might cause structural damage He stated that they did not have the staff or resources to monitor these bridges He made it clear that the decision was final The Commission needed to reconsider their previous modification vote Due to this new evidence, a motion to reconsider the previous modification vote was made by Joseph Lynch, seconded by Albert Manzi Unanimous Mr Lynch said he felt that the Commission should not be holding up the work, but had concerns with the 90-degree angles of the pipe, which would not be acceptable, as the flow rate would be compromised Mr Masse asked what option should the Commission now consider Stan Elkerton asked that the Commission reconsider option E (open cut through the brook), which was previously denied Stan Elkerton said he was willing to revise plans for option E to make 45-degree angles on the pipe instead of 90-degree angles Mr Hmurciak stated the project would have to stop if the reconsideration of the modification failed A motion was made by Joseph Lynch, seconded by Albert Manzi, to re-affirm their original decision on the modification for Option B Scott Masse opposed The vote passed 3-1 Public Hearing 8:00 p.m. Notice of Intent(s) 242-1185-Lincoln Lab Line#2378, between Dale St. Substation and Brook St. (Mass Electric) (ENSR) (Cont. from 3/26/03) Sonm Anand, an Electrical Engineer from Mass Electric, Melissa Hall of Mass Electric, Paige Graening of Mass Electric, Carl Tammi of ENSR, and Bill Sherry V P of Mass Electric were present Ms Parrino stated she had spoken with Mike Abell at the DEP who confirmed that MA � J Electric could clear-cut in accordance with their Maintenance Plans Julie noted that it is not very clear as to their requirement to minimize alteration An addendum was submitted exploring J the Salem Street alternative route, which is about 5 miles Ms Hall discussed the impacts within the alternate route The route would require replacement of 139 poles, the cutting of 39 trees and the trimming of 110 trees from Appleton Street, Salem Street, and Campbell Street to Turnpike Street Ms Parrino discussed the alternate and the impact differences in the restoration There would be large impacts to mature vegetation in the alternate route, whereas along the 2378 line there would be no more vegetation impacts to BVW and alteration would be limited to temporary ground disturbance and disturbance to herbaceous cover Considering the great impacts resulting from the cutting last fall, the impacts would be temporary in nature for the proposed work If the preferred alternative route is approved, the Commission may consider some sort of wetland or buffer zone impact restoration Melissa Hall stated Mass Electric would be working with the abutters and communicating with them on the planting plan for the houses along Salem Street, Grandville Lane, Stirling Lane and Berry Street to Turnpike Street Lisa Simmons, an abutter, questioned whether other utility services could tie onto the Mass Electric line Paige Graening stated Mass Electric was obligated to allow other services to utilize their line Mrs Graening stated that telecommunication companies would most likely seek out public ways and are not interested in backyard service lines Carl Vissermg, another abutter, questioned the environmental impact and stated Mass Electric failed to follow notification procedures He also questioned Mass Electric's consideration for abandoning the line Lynn McDonald, also an abutter, questioned the environmental impact relating to the higher poles She commented that the Commission should not make a quick decision John McCaron, an abutter at 75 Sterling Lane, discussed how his septic system was put in the right-of-way where Mass Electric needs to replace 2 poles on Stirling Lane Mr McCarron stated he drove through town and stated 38 poles on Foster Street had been changed for the upgrade.He does not believe Mass Electric would not need to upgrade the poles on Salem Street over the next year He feels the impacts are over exaggerated and does not feel the trees on Campbell Road have to be removed Mr Hoilaran of Salem Street questioned if more than one wire is being added to the line? The applicants requested that the public hearing be closed and that the Commission render a decision based on the their preferred route only Scott Masse requested to close the hearing as he felt sufficient information had been submitted A motion to close the hearing was made by Joe Lynch, seconded by Al Manzi with discussion, 2 to 2 vote, motion fails, Al Manzi and Sean McDonough opposed Discussion arose as to the need for full verification of the Mass Electric data tables by the Conservation Administrator In addition, abutters wanted additional time to retain the services of an outside consultant Motion to continue the hearing until the April 23, 2003 to allow the Administrator to verify the Mass Electric impact data tables and to allow abutters to retain the services of a consultant who will submit evidence into the record no later that 7 days prior to the public hearing, by Joseph Lynch, seconded by Al Manzi Unanimous l , C / 242-1186- Chestnut/Rea Street(Peachtree Development LLC) (West Environmental (Cont. from 3/26/03) No one was present The applicant requested a continuance to the April 23, 2003 meeting or to schedule a special meeting Joseph Lynch was the acting chairman and stated that no quorum was met, as Scott Masse and Albert Manzi recused themselves from voting No action was taken 242-1187- 500 Great Pond Road,(North Andover Country Club) (Cont. from 3/26/03) No one was present The applicant requested a continuance to the May 14, 2003 meeting A motion to continue to the May 14, 2003 meeting, with requirement to re-notify the abutters was made by Albert Manzi and seconded by Sean McDonough Unanimous 242-1189- 0 Pleasant Street(Compass Properties,Inc.) (Cont. from 3/26/03) No one was present Ms Parrino stated that the abutters were improperly notified and the applicant would be required to re-notify several people A motion to continue to the April 23, 2003 meeting was made by Albert Manzi and seconded by Joseph Lynch Unanimous 242-1188- 211 South Bradford Street(Hurley)(Hancock Environmental Consultants) (Cont. from 3/26/03) Richard Albano of Hancock Environmental Consultants was present Ms Parrino left the room due to a conflict of interest Ms McKay stated that revised plans were submitted so that the 50- foot no-build setback would be met from the new flag She recommended plantings along the (� slope for additional slope stabilization and as a visible barrier Particularly upslope of the wetland flag ASA, where groundcover vegetation was sparse A motion to close and issue a decision in 21 days was made by Joseph Lynch, seconded by Albert Manzi Unanimous 242-1190-299 Webster Woods(Green) (Christiansen & Semi) Gene Willis of Christiansen& Sergi and Robert Green, the applicant, were present Ms McKay stated that the wetland flag stubs were found around the site only No numbers could be determined She recommended that prior to pre-construction, at a minimum, flags AA-12 through AA-22 and flags WB-21 through WB-24 should be resurveyed and re-established A boulder rip-rap style retaining wall, of approximately 15-20 feet high, was added encircling the entire lot up to the erosion controls The plan does not include the wall Mr Manzi stated that the area should be re-flagged and plan was to be revised appropriately A motion to continue to the April 23, 2003 meeting was made by Albert Manzi, seconded by Joseph Lynch Unanimous 242-1191, 44 Abbott Street(Dunaean)(MHF) Mark Gross of MHF was present Ms Parrino stated the NOI filing is for the construction of an inground pool in the buffer zone to an intermittent stream The proposal meets the 25-foot no- disturbance zone and the 50-foot no-build setbacks Stockpiling and dewatering areas are proposed on the plan The wetland line has not yet been reviewed and approved A motion to continue to April 23, 2003 meeting was made by Joseph Lynch, seconded by Sean McDonough Unanimous 242-1192-335 Berry Street (Ramos) (Giles) ( Scott Giles of Giles Surveying was present Ms Pair no stated the NOI filing is for the construction of a 12 foot by 18 foot addition with an attached deck and stairway to an existing single family dwelling in the butler zone to a bordering vegetated wetland An intermittent stream flows through the property No stream stat calculations were submitted with the NOI Dewatering and stockpiling areas are necessary A motion to continue to April 23, 2003 meeting was made by Albert Manzi, seconded by Sean McDonough Unanimous Meeting Adjourned at 12:00 am.