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HomeMy WebLinkAbout2003-05-14 Conservation Commission Minutes O O O O Conservation Commission Meeting C_J� May 14, 2003 Members Present Scott Masse Chairman, 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, Alison McKay, Conservation Associate, and Donna Wedge, Conservation, Secretary Meeting came to order at 7:06 pm Quorum was present. General Business Temporary Construction License,Foster Farm (Mass Electric) Paige Graening of Mass Electric, Sonni Anand of Mass Electric, and Melissa Hall of Mass Electric were present Mr Manzi raised the issue of compensation for the easement over Town property Mass Electric stated they are donating $50,000 to the town, of which $20,000 will be used for the purchasing of a new police car A motion to issue the temporary license and permanent easement as approved at Town Meeting was made by Albert Manzi, seconded by Joseph Lynch Unanimous EXECUTIVE SESSION 242-116& 127 Bridle Path (Chatson) See separate minutes not for public record RDA,Modification,Foster Street Mass. Electric Pole Project(Mass. Electric) Paige Graemng of Mass Electric, Sonni Anand of Mass Electric and Melissa Hall of Mass Electric were present Ms Parrino stated a modification letter and revised plans reflecting anchors have been submitted with the modification request The original filing narrative did mention anchors may be necessary, but no specific locations were identified or proposed on the plans The permanent easement was approved at Town Meeting A motion to grant the modification to the RDA was made by Albert Manzi, seconded by Joseph Lynch Unammous Mr. Mabon� arrives to the meeting. 242-1109,Modification.Lot 13C Duncan Drive John Morin of Neve Associates and Mr & Mrs Joseph Barbagallo were present Ms Parrino stated the Board of Health has submitted a denial letter to Mr Barbagallo stating previous contamination in the area has resulted in the denial of a well permit The engineers, applicants and Ms Parrino are not aware of any written documentation for the proof of the contamination The Commission stated if they approve the modification it will be easier for the Board of Health to require the water line The revised plans show the water service Just under the edge of the driveway Mr Barbagallo will be attending the next scheduled Board of Health meeting A r. motion to deny the modification was made by Albert Manzi, seconded by Joseph Lynch Unanimous 242-784,Extension,Abbott Village(New England Engineering) Mr Ben Osgood of New England Engineering was present Ms Pamno stated the order was originally issued on June 16, 19W and was extended once last May for a period of 1 year The first extension expires on June 16, 2003 The applicant is requesting a second one-year extension The request is being made to complete the homes and to finish the roadway There are 8 lots remaining to be built and an additional 10 are currently under construction The majority of the project is completed and the final completion of construction on all lots is expected to be completed prior to June of 2004 A motion to issue one-year extension to June 16, 2004 was made by Joseph Lynch, seconded by Albert Manzi Unanimous 242-885, PCOC-Lot 33 Forest View (Flute Homes) John Barrows of Marchionda & Associates, L P was present Ms McKay stated the revised plans were submitted on May 14, 2003 Sean McDonough disclosed the to the applicant's representative and the Commission that he resides in the community built by Pulte (Forest View) and asked the applicant and Commission members if they had any objection to his voting on requested relative PCOC's on individual lots Neither the applicant or Commission members objected The Commission Members stated there is a 7-day rule when revised plans come into the office A motion to continue to May 28, 2003 meeting was made by Albert Manzi, seconded by John J Mabon Unanimous 242-885,PCOC-Lot 34 Forest View(Plate Homes) John Barrows of Marchionda & Associates, L P was present Ms McKay stated the revised plans were submitted on May 14, 2003 The Commission Members stated there is a 7-day rule when revised plans come into the office A motion to continue to May 28, 2003 meeting was made by Albert Manzi, seconded by John J Mabon Unanimous 242-885, PCOC- Lot 35 Forest View (Flute Homes) John Barrows of Marchionda & Associates, L P was present Ms McKay stated the revised plans were submitted on May 14, 2003 The Commission Members stated there is a 7-day rule when revised plans come into the office A motion to continue to May 28, 2003 meeting was made by Albert Manzi, seconded by John J Mabon Unanimous 242-885,PCOC-Lot 36 Forest View (Flute Homes) John Barrows of Marchionda & Associates, L P was present Ms McKay stated the revised plans were submitted on May 14, 2003 The Commission Members stated there is a 7-day rule when plans come into the office A motion to continue to May 28, 2003 meeting was made by Albert Manzi, seconded by John J Mabon Unanimous 242-885,PCOC-Lot 45A Forest View (Puute Homes) John Barrows of Marchionda & Associates, L P was present Ms McKay stated the house was proposed within the 100-foot buffer zone, but was built entirely outside of the buffer zone, with the exception of a tiny corner of the house A retaining wall was added to the side of the house within the 100-foot buffer zone All the work complies with the 50-foot and 25-foot setbacks f The impervious areas look consistent and equitable Ms McKay stated she is satisfied with the as-built and the site is stabilized A motion to issue the PCOC was made by John J Mabon, seconded by Albert Manzi Unanimous 242-885,Lot 46A Forest View(Plute Homes) John Barrows of Marchionda & Associates, L P was present Ms McKay stated a modification was approved for this-lot with a plan date of 10/16/00 The dwelling size and location are in conformance with the modified plan The deck, the front walkway, and several retaining walls were approved on the modified plan A chain fink fence and connecting wood fence were observed in the field and is not shown on the as-built plan, but were erected after the survey was conducted Ms McKay stated she is satisfied with the as-built and the site is stabilized Jack Mabon questioned the location of the AC pad A motion to issue the PCOC was made by John J Mabon, seconded Albert Manzi Unanimous 242-885, Lot 52A Forest View(flute Homes) Jahn Barrows of Marchionda & Associates, L P was present Ms McKay stated the revised plans were submitted on May 14, 2003 The Commission Members stated there is a 7-day rule when plans come into the office A motion to continue to May 28, 2003 meeting was made by Albert Manzi, seconded by John J Mabon Unanimous 242-885, Lot 55A Forest View(Plute Homes) John Barrows of Marchionda & Associates, L P was present Ms McKay stated the entire O dwelling and associated deck, walkway, and retaining walls are entirely outside of the 100-foot buffer zone All structures were approved on the modified plan The chain link fence was approved and is in its approved location The detention pond and associated drainage easement is a part of this lot It appears that the detention pond was built to approved size and contours are more or less accurate The limit of the work is not shown on the as-built plan The grading is mainly consistent with the modified plan throughout the site The impervious area looks consistent and equitable Ms McKay stated she is satisfied with the as-built and the site is stabilized Concerns were raised by the homeowner about the standing water in the pond He was told the water would drain from the detention pond This PCOC will not certify the drainage structure Difficult to determine the property line boundaries A motion to deny the PCOC for the lack of information on the as-built plans on the drainage easement on this lot was made by Joseph Lynch, seconded by Albert Manzi Unanimous A motion to continue to May 28, 2003 meeting was made by Joseph Lynch, seconded by Albert Mann Unanimous Appropriation of Filing Fees for Bylaw Revisions Motion by Albert Manzi to appropriate $2,000 from the filing fee account for payment to Epsilon Associates to conduct revisions to the Bylaw Regulations, seconded by Jack Mabon Unanmous Public Hearing 8:10pm. Request for a Determination of Applicability 128 Bridges Lane(Faris) (Seekama Environmental) Mr Joseph Faris was present Ms McKay stated the revised plan have been submitted at the correct scale, showing the pool at 57-feet from the wetland area The plan was submitted on May 13, 2003, after the 7-day deadline, but was approved by the Administrator Mr Manzi stated he wants a requirement for the installation of silt fence and haybales at the top of slope A motion to close and issue a negative determination with conditions was made by Albert Manzi, seconded by John J Mabon Unanimous Abbreviated Notice of Resource Area Delineation 242-1199- Lot 1 & Lot 2 Great Pond Road (Great Pond Road Realty Trust) (New England Engineering) Ben Osgood of New England Engineering was present Mr Manzi read the legal notice Ms Parrino stated this is an ANRAD for confirmation of 27 wetland flags delineating the edge of a bordering vegetated wetland Rick Paquette, formerly of Epsilon Associates, flagged the resource area in March of 1999 The plan shows missing number between flags, sketch prepared by Epsilon shows that flags were actually installed in consecutive order The site is located across the street from Lake Cochichewick The department has not reviewed the delineation at this time, however all flags must be re-established prior to the site inspection A motion to continue to May 28, 2003 meeting was made by Albert Manzi, seconded by John J Mabon Unanimous Abbreviated Notice of Intents(s) ,- 242-1201, 9 Ingalls Street(Delaney) (New England Engineering) J Ben Osgood of New England Engineering was present Mr McDonough read the legal notice Ms Parrino stated the filing is for the construction of an addition to an existing dwelling and the relocation of the septic system to accommodate the addition An existing landscape wall will be removed An intermittent stream is also shown to cross the driveway at the front of the site A waiver of the 50-foot no disturb buffer zone around the ephemeral pool has been requested for access purposes Staff has not yet reviewed the wetland delineation of verified the resource areas on the site A motion to continue to May 28, 2003 meeting was made by Albert Manzi, seconded by John J Mabon Unanimous 242-1200, 5 Appleton Street (Testa) (New England Engineering) Ben Osgood of New England Engineering was present Mr McDonough read the legal notice Ms McKay stated the filing is for the installation of an above ground pool within the buffer zone to an unnamed pond on the property The work will be no closer than 67 feet from the pond and the pool will be located 83 feet from the pond The erosion controls are proposed around the work area There are no wetlands associated with the resource area, therefore there are no flags to review, only the edge of the pond A motion close and to issue a decision in 21 days was made by Joseph Lynch, seconded by Albert Manzi Unanimous Notice of Intents (s) (Continued) 242-1187- 500 Great Pond Road,(North Andover Country Club) (Cont.from 4/9/03) Thomas Childs a Board Member of the Country Club and John Bresnahan a Turf Grass r Management Specialist were present Mr Bresnahan stated the IPM plan review process is on- going and is separate from this filing Ms Parrino stated that new plans have been submitted depicting the isolated wetland delineation The bordering vegetated wetland was re-flagged in the field, not re-surveyed and the plans and the new line should be the line of record Board members requested that the shed be labeled on the plan, topo around the shed should be included, and limit of clearing and erosion controls should be depicted on the plans A motion to continue to May 28, 2003 meeting was made by Sean McDonough, seconded by Joseph Lynch Unanimous 242-1192-335 Berry Street(Ramos)(Giles) (Cont. from 4/23/03) Scott Giles of Giles Surveying was present Ms McKay stated the large addition is almost completely outside of the 100- foot buffer zone The streamstats data revealed perennial stream and a revised plan was submitted depicting the stream channel and associated Riverfront Area A motion to close and issue a decision in 21 days was made by Joseph Lynch, seconded by Albert Manzi Unanimous 242-1195-249 Rea Street(Busanovich (Neve Assocaites)(Cont. from 4/23/03) John Morin of Neve Associates and applicant Mr Busanovich were present Ms Parrino stated the wetland line and Riverfront boundaries were reviewed and approved A significant amount of brush and leaves has been dumped along the wetland edge and 25-foot No-disturbance Zone and must be removed Wetland markers must be placed along 25-foot No-disturbance area A motion to close and issue a decision in 21 days was made by Joseph Lynch, seconded by John J Mabon Unanimous 242-1194- 78 Vest Wav(Milliken) (New England Engineering)Cont. from 4/23/03) Ben Osgood of New England Engineering and applicant Mr Shawn Milliken were present Ms Pamno stated the wetland line was reviewed and approved and during the inspection she observed significant violation The applicant had cut and cleared off property along the stream channel Approximately 10 to 15 large pines> 3 foot DBH were removed in the NO-Disturbance Zone Ms Parrino recommended conditioning full restoration of the 50-foot No-disturbance Zone with native trees and shrubs The plan should be submitted and approved prior to commencement of work on the site and the area must be planted and remain as natural, not a landscaping feature Mr Osgood stated he would have a restoration plan Mr Osgood stated that the Town of North Andover would auction off the land for the $ 50, 000 on back taxes owed on the property Mr Manzi and Mr McDonough want the land restored back Ms Parrino stated if the applicant purchases the property, he may extend the landscaping boulder wall. Commission want a restoration plan prior to closing the public hearing A motion to continue to May 28, 2003 meeting was made by Albert Manzi, seconded by John J Mabon Unanimous 242-1187- 500 Rea Street (McManus) (New England Engineering) (Cont. from 4/23/03) Ben Osgood of New England Engineering was present Ms Parrino stated the work will be within buffer zone to BVW and Riverfront Area, with the addition outside the buffer zone Natural Heritage comments they stated there are no impacts The wetland line has been reviewed and approved A motion to close and issue a decision in 21 days was made by Albert Manzi, seconded by Sean McDonough Unanimous 242-1193- 464 Boston Street( Walczak) (New England Engineering)(Cont. from 4/23/03) Ben Osgood of New England Engineering was present Ms Parrino stated the wetland line has been reviewed and appears to be a conservative delineation, homeowner may wish to do some landscaping in the future, the entire site is surrounded by wetlands which appears to be a drainage way Ms Parnno recommended approving the wetland line for the purposes of the septic system construction only Commission members stated they wanted to approve the wetland line as shown on the plan for the period of three years The wetland delineation will be held for any other project on the site A motion to accept the wetland line as shown on the plan and close and issue a decision in 21 days was made by Joseph Lynch, seconded by Albert Manzi Unanimous Notice of Intent(s) 242-1198- 17 Massachusetts Avenue(Shell Oil Products)(ECO-Solutions) Charles Katuska of ECO-solutions was present Mr Lynch read legal notice Ms Parrino stated she had not yet reviewed the project at this time A motion to continue to May 28, 2003 meeting was made by Albert Manzi, seconded by John J Mabon Unanimous 242-1197- High Street Interceptor Sewer, Route 125 (North Andover DPW) (Guertin Elkerton & Associates) David Press of Guertin & Elkerton & Associates, Stan Elkerton of Guertin & Elkerton & Associates and William Hmurciak of Division of Public Works were present Mr McDonough read the legal notice Ms McKay stated the applicant has indicated in the NOI that the work at the brook crossing, including stream restoration, would be completed in approximately 1 week and would be limited to a dryer flow period between July 15 and late September The applicant has included full restoration efforts in the NOI of temporary disturbance areas The right angles at which the sewer was originally presented have now been changed to 45 degrees or greater, as this was a previous concern for the Commission The project qualifies as a limited project Ms Parrino stated she wants a woody re-vegetation plan along the restored banks upon completion of activities Mr Lynch stated he wants a statement that the bridge was believed to be a culvert when the sewer was designed He does not want the town to pay for the additional cost incurred from the design mistakes He stated he is satisfied wroth the pipe angle changes A motion to close and issue a decision in 21 days was made by Joseph Lynch, seconded by Albert Manzi Unanimous Public Hearings ended at 9:25. Decisions commenced at 9:25 242-1195- 249 Rea Street Pre-Construction meeting requirement and a bond amount for $2000 was discussed A motion to approve and issue a decision was made by Albert Manzi, seconded by Joseph Lynch Unanimous 242-1192-335 Berry Street The bond amount was set at $ 2,000 A motion to issue the decision was made by John J Mabon, seconded by Sean McDonough Unanimous 242-1196- 500 Rea Street The bond amount was set at $ 2,000 A motion to issue the decision was made by Joseph Lynch, seconded by Albert Manzi Unanimous 242-1193- 464 Boston Street A motion to accept the decision as drafted was made by John Mabon, seconded by Albert Manzi Unanimous 242-1185-Lincoln Lab Line#2378, between Dale Street Substation and Brook St./Turnpike St. (Mass. Electric) Mr Jay Willis, an abutter, Carl Vissering, an abutter, Paige Crraenry of Mass Electric, Sonni Anand of Mass Electric and Melissa Hall of Mass Electric were present Mr Masse stated Mass Electric has the right to clear cut trees per the Vegetation Management Plan He expressed Mass Electric also did what the Conservation Commission required, that is to present an alternative analysis He stated the project is a limited project He is in favor of approving the project Mr McDonough presented his comments about the filing of Mass Electric He expressed his concerns about the clear cutting in the fall of 2002 The wetland areas were disturbed and he feels the proposed route causes more wetland disturbance than the alternate route Mr McDonough is in favor of denying the project J Mr Lynch resented Ins comments about the film of Mass Electric He was opposed to the Yn P g PP clear cutting of the trees in the fall of 2002 but cutting is much better than using pesticides He stated he feels this is a limited project because the right away has been here since 1957 Mr Lynch will want the OOC strict but is in favor of approving the project Mr Manzi presented his comments about the filing of Mass Electric The filing is a limited project He feels the alternative route will cause less impact to the resource areas therefore he must deny the proposed route Mr Mabon presented his comments about the filing of Mass Electric The clear cutting done in the fall of 2002 was a maintained area for many years In the alternate route there would be new permanent impact, which would cause more impact on trees, and wetland areas that are not disturbed yet Mr Mabon is for approving the project Ms McKay presented her comments about the filing of Mass Electric She see this as a limited project and feels the Commission should approve the project Ms Pamno presented her comments about the filing of Mass Electric She feels it is a limited project and feels the area has been maintained for 40 years and impacts will be temporary in nature She recommends the Board approve the project A motion to issue decision in 21 days was made by Joseph Lynch, seconded by John J Mabon C� The vote was 3 to 2, Scott Masse approved, John J Mabon approved, and Joseph Lynch approved, Sean McDonough denied, and Albert Mans demed Meeting adjourned at 11:45pm. �1 1