HomeMy WebLinkAbout2003-05-28 Conservation Commission Minutes i
p 4 Conservation Commission Meeting
May 28,2003
Members Present Scott Masse, Chairman, and Albert Manzi, Jr , Vice Chairman, Joseph W
Lynch, Jr, and Deborah Feltovic, Sean F McDonough
Members Absent John J Mabon, Beth Wescott
Staff Members Present Julie Pamno, Conservation Administrator, Alison McKay, Conservation
Associate, and Donna Wedge, Conservation Secretary
Meeting came to order at 7:10 pm Quorum was present.
General Business
242-968,Mr. Sudsy Carwash (Northpoint)
Thomas Laudani, of Northpoint, Jerry Lynn Darcy of Northpoint and Mark West of West
Environmental were present Scott Masse and Albert Manzi left the room due to a conflict of
interest Joseph Lynch stated no quorum present to vote, therefore no action could be taken
242-1186, Peachtree(Northpoint)
Thomas Laudani of Northpoint, Jerry Lynn Darcy of Northpomt, and Mark West of West
Environmental were present Scott Masse and Albert Manzi left the room due to a conflict of
interest Joseph Lynch stated no quorum present to vote, therefore no action could be taken
242-885-PCOC,lot 33 Forest View (Pulte Homes) (coat.from 5/14/03)
David Farrar of Marchionda was present Ms McKay stated the deck was approved on the
record plan The work complies with the 50-foot and 25-foot setbacks The limit of work and the
grading are mainly consistent with the record plan The impervious area looks consistent and
equitable the site is stable A motion to issue the PCOC for lot development only, not including
drainage certification was made by Joseph Lynch, seconded by Deborah Feltovic Unanimous
242-885-PCOC,Lot 34 Forest View (Pulte Homes)
David Farrar of Marchionda was present Ms McKay stated the proposed house location was
almost entirely outside of the 100-foot buffer zone The existing house location is rotated
slightly, pushing a corner of the house and deck inside the 100-foot buffer zone The deck was
approved on the record plan The work complies with the 50-foot and 25-foot setbacks The limit
of the work and the grading are mainly consistent with the record plan The impervious area
looks consistent and equitable the site is stable A motion to issue the PCOC for lot development
only, not including drainage certification, was made by Deborah Feltovic, seconded by Albert
Manzi Unanimous
242-885-PCOC, Lot 35 Forest View (Pulte Homes)
David Farrar of Marchionda was present Ms McKay stated a modification was approved for
this lot with a revised plan dated 2/8/01 The structures are in conformance with the modified
plan, with the exception of 2 small additional retaining walls at the rear of the dwelling The
work complies with the 50-foot and 25-foot setbacks The limit of the work and the grading are
mainly consistent with the modified plan The impervious area looks consistent and equitable
and the site is stable A motion to issue the PCOC for lot development only, not including
drainage certification, was made by Joseph Lynch, seconded by Sean McDonough Unanimous
242-885- PCOC, Lot 36 Forest View(Pulte Homes)
David Farrar of Marchionda was present Ms McKay stated a modification was approved for
this lot with a plan date of 4/26/00 The dwelling size and location are in conformance with the
modified plan The approved deck was not built and back stairs were constructed in its place
The work complies with all setbacks The limit of work and the grading are mainly consistent
with the modified plan The impervious area looks consistent and equitable and the site is stable
A motion to issue the PCOC for lot development only, not including drainage certification, was
made by Joseph Lynch, seconded by Deborah Feltovic Unanimous
242-885-PCOC,Lot 52A Forest View(Pulte Homes)
David Farrar of Marchionda was present Ms McKay stated a modification was approved for
this lot with a plan dated of 3/5/01 The dwelling size and location are in conformance with the
modified plan The front walkway and the retaining wall to the rear were approved on the
modified plan The work complies with the 50-foot and 25-foot setbacks, with the exception of
( ` the back stairs The stairs encroach into the no-build by approximately 1 foot, however they do
not have any footings, its base appears to be a concrete slab The limit of the work and the
grading are mainly consistent with the modified plan The impervious area looks consistent and
equitable and the site is stable A motion to issue the PCOC for lot development only, not
including drainage certification,was made by Joseph Lynch, seconded by Albert Manzi
Unanimous
242-885-PCOC,Lot 55A Forest View(Pulte Homes)
David Farrar of Marchionda was present Ms McKay stated tins lot was denied at the last
meeting on(5/14/03) for the reason that the as-built plan did not accurately depict the rear
property boundary, making it unclear as to whether the drainage easement was entirely part of
the lot The revised plans were submitted showing a bolded rear property boundary. Most of the
detention area and drainage easement is outside of the property A small portion of the pond and
easement is a part of the lot Discussion arose as to whether the pond was designed to hold water
Engineer stated pond is designed to retain a certain level of water before outflowing A motion
to issue the PCOC for lot development only, not including drainage certification, was made by
Joseph Lynch, seconded by Albert Manzi. Unanimous
242-885-Modification & PCOC,Lot 1 Forest View(Pulte Homes)
David Farrar of Marchionda was present Ms McKay stated a modification was approved for
this lot with a revised plan date of 10/16/02 The applicant has requested a modification for the
extension of the rear retaining wall this is a very minor in nature All the structures are in
conformance with the proposed modified plan and all buffer zone setbacks have been complied
with The site is stable Al Manzi questioned the distance of the wall to the wetland resource
area Mr Manzi stated the distance should have been shown on the plan A motion to issue the
modification was made by Joseph Lynch, seconded by Albert Manzi Unanimous A motion to
issue the PCOC for lot development only, not including drainage certification, was made by
Joseph Lynch, seconded by Albert Manzi Unanimous
242-903, COC,Lucent Technologies (CDM)
No one was present Ms Parrino stated the OOC was issued April 6, 1998 for installation of a
sewer line from Lucent Technologies to the GLSD facility A 5,000 bond was posted for the
work performed The line was installed through a stream and within the buffer zone,BVW,
bank, and BLSF The work has been completed and restoration activities were conducted in
accordance with the approved documents The crossing was monitored for two growing seasons
by CDM and reports are in the file The route was walked with the engineer and all areas are
stabilized The restoration plantings appear to be thriving The as-built plans reviewed and
appear consistent with the approved plans An Engineer and Wetland Scientist submitted the
letters Members raised concerns that issuance of the PCOC would certify the locations of the
resource areas A motion to issue the COC and bond release, without confirming the boundaries
of the resource areas as shown on the as-built plans, was made by Deborah Feltovic, seconded by
Albert Manzi Unanimous
242-99, COC,Lucent Technologies (Earth Tech)
No one was present Ms Parrino stated the applicant previously requested a COC for
construction of two paved parking areas, appropriate plans were not submitted and the request
was denied Stamped as-built plans prepared by Earthtech have been submitted The site was
previously approved The plans appear to be adequate A motion to issue COC,without
certifying resource area boundary locations, was made by Joseph Lynch, seconded by Deborah
Feltovic Unanimous
No Recess
Public Hearings 8:10 pm
Abbreviated Notice of Resource Area Delineation
242-1199-Lot 1 & 2 Great Pond Road (Great Pond Road Realty Trust)(New England
Engineering)(Cont.from 5/14/03 (Request to Cont. 6/11/03)
No one was present Ms Parrino stated the wetland flags were reviewed in the field, many
missing or torn down and the line must be re-established A motion to continue to the June 11,
2003 meeting was made by Albert Manzi, seconded by Deborah Feltovic Unanimous
242-1202- Orchard Hill Road (Ranger Develoament)(Eysilon)
Mr. Brian Graves a Wetland Scientist of Epsilon was present Mr McDonough read legal notice
Ms Pamno stated the filing is for confirmation of a wetland resource area boundary The flags
have been reviewed in the field and several changes and additions were made A particular area
of concern was in an intermittent stream located up gradient to the main stream channel Upon
careful review of the site, an up gradient detention pond and foundation dram was observed
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contributing overland flow to the downgradient resource area The wetland vegetation and soils
were marginal along the flow path Patrick Seekamp was retained to offer a second opinion on
the area and whether it would qualify for protection under the state and bylaw There was
significant flow onto the subject property on May 27, 2003 Upon review of the site, the
consultant determined that although observed water flow was identified, the area would not
qualify as a state wetland The wetland line was extended upgradient to delineate a well defined
flowing channel Careful consideration may be necessary during the NOI phase to address the
hydrology on the site The Commission requested a letter of this nature be prepared and issued
with the ANRAD decision A motion to continue to June 11, 2003 meeting was made by Albert
Manzi, seconded by Deborah Feltovic Unanimous
Notice Of Intent(s) (Continued)
242-1187-500 Great Pond Road,(North Andover Country Club)(Cont. from 5/14/03)
No one was present Ms Parrino stated the applicant requested to continue to the June 11, 2003
meeting A motion to continue to the June 11, 2003 meeting was made by Albert Manzi,
seconded by Deborah Feltovic Unanimous
242-1194- 78 West Way(Milliken)(New England Engineerinst)(Cont. From 5/14/03)
No one was present Ms Parrino stated the applicant needs additional time to prepare
landscaping plan for areas altered within the 50-foot setback A motion to continue to the June
25, 2003 meeting was made by Albert Manzi, seconded by Deborah Feltovic Unanimous
242-1198-17 Massachusetts Avenue(Shell Oil Products)(ECO-Solutions)(Cont. from
5/14/03
Charles Katuska of ECO-Solutions, James McMurry an abutter and William McManus an
abutter were present Mr Katuska stated the gas tanks are about 18-feet deep in the ground All
tanks will be emptied before removal The tanks are double walled fiberglass and are not that
old The entire job will take approximately 6 weeks to complete If dewatering is necessary, the
water will be sampled Ms Parrino stated there is a dewatenng plan that was submitted with NOI
application . James McMurry stated he wanted the fence fixed adjacent to his property line He
also questioned if the building would be removed At this time, the proposal is not to remove the
building The Commission stated additional future work may require a permit with the
Conservation Commission Mr Manzi stated he has to get a permit from the Fire Department A
motion to continue to June 11, 2003 meeting was made by Albert Manzi, seconded by Deborah
Feltovic Unanimous
Abbreviated Notice of Intents (s)
242-1201-9 Ingalls Street(Delaney)(New England Engineering)(Cont. from 5/14/03)
Ben Osgood of New England Engineering was present Ms McKay stated the access is identified
as lawn and garden areas where no vegetation will be disturbed Mr Osgood stated the existing
house has a small BVW that flows thru the front yard They are requesting a waiver for setbacks
on the 50-foot No-Disturbance Zone to vernal pool habitat for access purposes only The vernal
pool is on the State Property Dumping of grass materials was identified bordering along the
resource area Mr Manzi stated he wanted hathorne bushes planted along the edge of lawn
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upgradient the resource area A motion to close and issue a decision with the condition of
i hathorne plantings was made by Joseph Lynch, seconded by Albert Manzi Unanimous
Albert Manzi left the meeting at 9:45pm.
Decisions
242-1197-High Street
The Commission discussed they wanted in the finding section a statement that Guertin &
Elkerton admittedly stated they made the mistake of identifying the bridge as a culvert structure
The Commission wants evidence submitted that the Town will not be responsible for the
additional cost incurred by the design mistake Crossing work must commence between July 15,
2003 and September 15, 2003 when the brook is at it's lowest flow
242-1200- 5 Appleton Street
The bond amount was set at $ 1,000
Meeting Adjourned at 11:00pm.
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