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HomeMy WebLinkAbout2003-04-23 Conservation Commission Minutes e 0 Conservation Commission Meeting April 23,2003 Members Present Scott Masse, Chairman, and Albert Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr, and Deborah Feltovic, John J Mabon, Sean F McDonough Members Absent Beth Wescott Staff Members Present Julie Parrino, Conservation Administrator, and Donna Wedge Conservation Secretary Staff Members Absent Alison McKay, Conservation Associate Meeting came to order at 7:00 pm Quorum was present. General Business 242-1068-Modification, 155 Duncan Drive (Scanlon) Michael Scanlon was present Ms Pamno stated The Order of Conditions was issued on 5/2/01 for the construction of an addition within the limits of the existing deck located within the buffer zone of BVW The proposed work was reviewed by Natural Heritage and the work was determined not to occur within the actual habitat of a state-protected rare wildlife species The proposed house addition has been constructed in the location of the deck, with the ground floor of the addition constructed as a garage Consequently, the existing driveway has been extended to serve the new garage Both the addition and the deck were constructed outside of the 50-foot No-Build zone The additional driveway pavement is located within the 50-foot No-Build, but outside of the 25- foot No-Disturbance area A motion to issue a modification and to accept the existing conditions plan was made by John J Mabon, seconded by Deborah Feltovic Unanimous 242-1109, Modification,Lot 13C Duncan Drive(Neve Associates) Greg Hochmuth of Neve Associates and Mr &Mrs Joseph Barbagallo were present Greg Hochmuth discussed the violation area in the 25-foot No Disturbance Zone He suggested a New England Conservation seed mix and wetland plantings be installed within altered areas Ms Pamno stated the violation notice was issued by the Conservation Department on March 28, 2003, for alterations to the No-Disturbance Zone and an incorrectly placed haybale line Mr Masse questioned how large was the altered area?Ms Pamno stated the area is about 80 feet by 15 feet Mr Hochmuth discussed the modification proposal to construct the water line down the driveway to replace the water service from a previously approved well Board of Health had verbally denied the well permit Installation of the water line would require a 5 foot deep trench that must be 3 feet from the electric line Mr Manzi questioned why the BOH is denying the well permit Ms Parnno responded that she is not quite sure, however, she spoke _ with Sandra Starr who stated that town water will be required for the property Mr Barbagallo (y stated if ConCom denies the modification, then Board of Health may approve the well �l A motion to deny the modification for installation of the water line was made by Albert Manzi, seconded by Joseph Lynch A motion to issue an enforcement order to authorize restoration of disturbed resource areas in addition to a $300 fine and submittal of a restoration plan was made by Albert Manzi, seconded by Deborah Feltovic A motion to reconsider the modification denial was made by John J Mabon, seconded by Joseph Lynch Commmssion clarified the issuance of the Enforcement Order, which is to be issued to authorize restoration activities and installation of a wall along the No-Disturb Zone Mr Lynch clarified the modification denial was for the water line in the driveway only A motion to require a boulder wall along the driveway, in addition to the seeding and planting of the restoration area to be shown on a required submitted plan, was made by Joseph Lynch, seconded by Albert Manzi Unanimous Temoorary Construction License, Foster Farm (Mass. Electric) Paige Graening and Melissa Hall of Mass Electric and Carl Tammi from ENSR were present Ms Graening stated a temporary construction license on Town Property was needed at this time to install 6 anchors and guy wires for support to the poles recently approved on Foster Street under a Negative RDA Mrs Graening stated this falls under Article 97 and will be voted upon at Town Meeting Mr Masse stated he spoke with Town Council who stated this is a revocable license to be approved by the Town Mrs Graening stated Mass Electric needs temporary rights to access onto the property to install the anchors If the license is issued, a jpermanent easement will be voted upon at Town Meeting Mr Manzi questioned if the guy wires were approved under the Negative RDA filing No one present could confirm if previously approved Mr Manzi questioned why should the Town give the easement on the property He stated the Commission should not vote on this issue at this time and should wait until after Town Meeting Mr Manzi again questioned why give the temporary license or permanent easement Mrs Graening stated the anchors were necessary to secure the poles Joe Plentzas,Engineer from Mass Electric, stated there is only three feet between the pavement and town property which prevents putting the anchors on the street The newly added wire to the poles is much heavier and requires the poles to be anchored Mr Lynch questioned if the temporary license was really necessary prior to Town Meeting Commission members wanted to confirm whether the anchors were approved under the former filing Mr Manzi stated he felt this easement was a taking of Town land A motion to continue to May 14, 2003 meeting with a condition to review the RDA filing was made by Joseph Lynch, seconded by Deborah Feltovic 4 to vote Mr Manzi opposed Recess 5 min. The Commission Members took the agenda out of order. Public Hearings 9:10 pm Albert Manzi left the meeting at 9:25pm. Requests for Determination of Applicability 525 Turnpike Street(Mass Electric) (ENSR) Paige Graening of Mass Electric and Carl Tammi of ENSR were present Mr McDonough read legal notice Ms Pamno stated the RDA filing is for installation of one electric pole and one secondary wire in the buffer zone to BVW to service an ATM kiosk previously constructed The resource area is a disturbed linear system, adjacent to a roadway and parking lot The wetland line has been reviewed and approved Mr Lynch questioned if the overhead wire is allowed under the Planning Board permit for the site He stated his concerns about the disturbance caused by the underground trenching activities for the kiosk wiring A motion to issue a Negative Determination with conditions was made by Albert Manzi, seconded by Deborah Feltovic Mr Lynch opposed Notice of Intent (s) 242-1187- 500 Great Pond Road, (North Andover Country Club) (Cont. from 4/9/03) (Requested to cont. 5/14/03) No one was present Ms Pamno stated the review of the re-flagged and newly flagged resource area has not yet been conducted The revised plans have been submitted The applicant has requested to continue to the May 14, 2003 meeting A motion to continue to May 14, 2003 meeting was made by Deborah Feltovic, seconded by Joseph Lynch Unanimous 242-1189- 0 Pleasant Street (Compass Properties Inc.)(Cont. from 3/26/03) Mr Gerald Brecker of Compass Properties Inc and Scott Giles of Giles Surveying were present Mr Brecker stated he spoke with Bill Hmurciak about the sewer easement toward the rear of the property Mr Brecker stated if DPW had to clean the sewer pipe there is access through a manhole in the wood road and DPW has no issues with plantings conducted over the easement Ms Pamno stated the Conservation Department was notified that the abutters were improperly notified and the applicant was required to re-notify several people, abutters have been notified Order of Conditions will condition submittal of a detailed plan of the house configuration and the requirement for a physical barrier along the No-Disturbance Zone A motion to close and issue a decision in 21 days was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous 242-1190-299 Webster Woods (Green) (Christiansen & Sergi)(Cont. from 4/9/03) Mr Gene Willis of Christiansen& Sergi was present Ms Pamno stated all outstanding issues have been addressed, new plans have been submitted showing the retaining wall, wetland flags have been re-established in the field, and stockpile area has been shown on the plans A condition to extend the erosion controls will be included in the OOC A motion to close and issue a decision in 21 days was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous 242-1191- 44 Abbott Street (Dunagan) (MHF)(Cont. from 4/9/03) Mr Mark Gross of MI-IF was present Ms Parrino discussed the NOI filing is for construction of an inground pool in the buffer zone to an intermittent stream The proposal meets the 25-foot and 50- foot setback The Riverfront Area was taken from an old plan, as abutters would not grant permission to flag on their property Ms Parnno stated the wetland line has been reviewed and approved A motion to close and issue decision in 21 days was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous 242-1192- 335 Berry Street (Ramos) (Giles)(Cont. from 4/9/03)(Reauest to Cont. 5/14/03) Mr Scott Giles of Giles Surveying was present Ms Parnno discussed 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 buffer zone to bordering vegetated wetland Ms Parrino stated the streamstats data revealed a perennial stream and plans need to be revised to reflect Riverfront setbacks A motion to continue to the May 14, 2003 meeting was made by Deborah Feltovic, seconded by Joseph Lynch Unanimous 242-1195-249 Rea Street(Busanovich) (Neve Associates) Greg Hochmuth of Thomas Neve Associates was present Ms Parnno discussed the NOI filing is for the installation of an inground pool, concrete patio, fence and grading in the buffer zone to BVW All the work is outside of Mosquito Brook Riverfront area Ms Parrino stated according to the plan, all work outside FEMA flood elevation of 199 Mr Hochmuth stated a revised plan will be submitted showing a revised pool location Mr Mabon questioned the location of the filter pad A motion to continue to May 14, 2003 meeting was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous 242-1194- 78 Vest Way (Milliken)(New England Engineering) Mr Shawn Milliken was present Ms Parrino discussed the NOI filing is for the construction of an addition, decks and alacuzzi to an existing house, including regrading activities and installation of a fence in the buffer zone to BVW Mr Parnno discussed concerns with the construction of the boulder wall Mr Milliken questioned if the abutting property owner allowed grading onto their property,would the Commission allow it? Commission responded yes, with written permission The wetland line has not been reviewed in the field A motion to continue to May 14, 2003 meeting was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous 242-119—500 Rea Street (McManus)(New England Engineering) Mr McManus was present Ms Pamno discussed the NOI filing is for an addition to enlarge an existing in-law apartment in addition to minor grading The work will be within buffer zone to BVW and Riverfront Area The addition will be outside the buffer zone but within Riverfront of Mosquito Brook The site mapped within estimated habitat, notification has been sent to Natural Heritage, no comments yet A motion to continue to May 14, 2003 meeting was made by Joseph Lynch, seconded by John J Mabon Unanimous 242-1193- 464 Boston Street (Walczak) (New England Engineering) Mr Walczak was present Ms Parrino discussed the NOI filing is for the construction of a replacement septic system and associated grading and the replacement of a drinking water well with municipal water service in the buffer zone of a BVW The replacement of the septic system will be located just outside of the 50-foot no build The proposed water replacement line will be placed along the driveway within the 25-foot no-disturbance areas in several locations The wetland line preliminarily reviewed but must be revisited to verify delineation A motion to continue to May 14, 2003 meeting was made by Joseph Lynch, seconded Deborah Feltovic Unanimous 242-1185-Lincoln Lab Line#2378 (btwn Dale and Brook/Turnpike Street,(Mass. Electric) NSR) Melissa Hall of Mass Electric, Paige Graemng of Mass Electric, Sonni Anand of Mass Electric and Carl Tammi of ENSR were present Ms Parrino reviewed the alternative analysis impact numbers in the field which proved to be consistent with the Mass Electric data Minor changes were discussed at the hearing Ms Parrino's data was presented in a Memorandum to the Commission Additional letters were submitted into the record from the abutters Ms Parrino gave an overview of the impacts for both routes Preferred route would have greater immediate short term impacts to resource areas, alternative route would have less square footage impact but more new square foot impacts No review documentation from an outside consultant, hired by the abutters, was submitted into the record Mass Electric submitted documentation of the establishment of the corridor easements in the 1960's Attorney Willis, an, abutter discussed that Mass Electric stated they needed to replace poles along Salem Street over the next year therefore is pole replacement is necessary, why not just upgrade the Lincoln Line along the right of way John McCarron of Sterling Lane concerned about the maintenance of the line behind his house Carl Vissering stated the pole behind his house is currently under water and is concerned about the environmental impacts from the project He feels other alternative routes exist for the project An abutter from Stagecoach Road raised concerns about the clearing conducted in the fall Ms Parrino addressed the regulations pertaining to their cutting activities,Carl Vissering, an, abutter stated that the residents on Salem Street are willing to purchase the land from Mass Electric A motion to close and issue a decision in 21 days was made by Albert Manzi, seconded by Joseph Lynch Unanimous Decisions 242-1189-0 Pleasant Street(Compass Properties) The bond amount of$ 3,000 with requirements for weekly monitoring and submittal of a revised plan was motioned by Deborah Feltovic, seconded by John J Mabon Unanimous 242-1191-44 Abbott Street (Dunagan) (MHF) The bond amount of $ 2,000 was set A motion to issue the OOC was made by John J Mabon, seconded by Deborah Feltovic Unanimous i' 525 Turnpike Street (Mass. Electric) (ENSR) A motion to issue a Negative Determination with conditions was made by Albert Mann., seconded by Deborah Feltovic Unanimous 211 South Bradford Street (Hurley) (Hancock) The bond amount of $ 5,000 was set with conditions A motion to issue the OOC was made by Deborah Feltovic , seconded by John J Mabon Unanimous 299 Webster Woods (Green)(Christiansen & Sergi) The bond amount of $2,000 was set A motion to issue the OOC was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous Chestnut/Rea Street, (Peachtree Development LLC) (West Environmental) The discussion for the bond amount was set including the construction of the house lots, condos and detention basins in the amount of$ 57,000 A motion was made by Joseph Lynch, seconded by Deborah Feltovic as drafted Unanimous Meeting Adjourned at 11:25 pm. r � r