Loading...
HomeMy WebLinkAbout2003-08-13 Conservation Commission Minutes APPROWED Conservation Commission Meeting Minutes August 13, 2003 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr, Vice Chairman, Joseph W Lynch, Jr, John J Mabon, and Sean F McDonough, Deborah Feltovic arrived at 8 30pm Members Absent: Beth Wescott Staff Members Present: Alison McKay, Conservation Associate, Donna Wedge, Conservation Secretary Staff Member Absent: Julie Parrino, Conservation Administrator Meeting came to order at 7:15pm Quorum Present. General Business 242-933-PCOC,Lyons Way,Roadway(Mesiti) Kenneth Ahern of Mesiti Development Corporation was present Ms McKay stated that it was clear in the Order for Lot 5 that no obligation lay upon Mesiti for Lot 5 for the maintenance of the stormwater structure Ms McKay said she believed that its intent was to hold the applicant and not the holder of the easement responsible for construction and maintenance Condition# 67 states that"the applicant and their successors will continue to be responsible for the maintenance, cleaning and repair of the drainage system on an annual basis indefinitely The Town Of North Andover will not be responsible for the maintenance of the drainage structure upon subdivision roadway acceptance The maintenance of the system shall run with the title of the deed" Mr Manzi remembered that the applicant on Lot 5 choose to put in his own drainage because of a steep hill, which was a concern for his children Mr Lynch agreed that the roadway was separate from the subdivision he had no issues A motion to issue a PCOC for the roadway only was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1125, COC, 415 Winter Street(Carlton)(New England Engineering) Ben Osgood of New England Engineering was present Ms McKay indicated that there were no monitoring reports in the file She was told at the pre-construction meeting that there would be a monitor The As-Built plans are in conformance with the proposed and the site is stable Mr Osgood stated he was never called to be a monitor Mr Manzi felt that a violation of$100 a day until some reports were produced was warranted He added that the violation would not exceed $500 at a maximum A motion to issue a violation of$100 a day until compliance with the violation not to exceed $500 was made by Mr Manzi, seconded by Mr Mabon Mr Lynch opposed Vote 4-1 Motion passed Enforcement Order Ratification 242-1071,Lots 5& 6 Chestnut Street Mr Masse left the room due to a conflict of interest Mr Manzi was the acting Chair Ms McKay discussed that Julie had written an Enforcement Order on 8/4/03 for ongoing siltation issues and that Mr Joyce came into the office to pick it up A motion to ratify the Enforcement Order was made by Mr Mabon, seconded by Mr Manzi Unanimous Mr Manzi requested that a new Enforcement Order/Cease and Desist Order be written to further outline compliance measures and to issue a fine beginning from 8/4/03 in the amount of $300 per day until full compliance because compliance had not been completed by the previous deadline date Mr Manzi asked that the new Order be hand delivered at the site He asked that the following be included in the new Enforcement/Cease&Desist Order the retamment of an Environmental Monitor to assess the impact to Mosquito Brook from Chestnut Street to Salem Street and stabilize the site The Commission wants pictures taken of the site to determine how far down the brook the srtation had accumulated A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Mr McDonough Unanimous 242-1049, 659 Forest Street Ms McKay said that this Enforcement Order was issued for an after the fact RDA filing for the approval of the replacement of two decks and the addition of stairs within the buffer zone of a wetland resource area The homeowner has contacted Ben Osgood of New England Engineering A motion to ratify the enforcement order was made by Mr Manzi, seconded by Mr Mabon Unanimous Public Hearings 8:20pm. Requests for Determination of Applicability 479 Salem Street(Alexander) (New England Engineering) Ben Osgood of New England Engineering was present Mr McDonough read the legal notice Mr Osgood stated that the property was not located in riverfront as noted on the plan Ms McKay stated that although erosion controls were proposed, she felt that they were unnecessary because work was minimal and the site was level A motion to issue a negative determination with conditions to install wetland markers, remove the leaf and brush debris pile and require an As-built Plan was made by Mr Manzi, seconded by Mr Lynch Unanimous Notice of Intent(s) 242-1207-31 Wood Ave. (McNaught)(RAM Engineering) (Cont. from 7/30/03) No one was present Ms McKay stated at the previous hearing the Commission would not accept the submitted alternative analysis The applicant's representative requested a continuance No new information has been submitted and nothing has been heard from the applicant or the applicant's representative The applicant's representative was contacted several times with no response A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1208- Foster Farm Elementary School (North Andover Building Committee)(DiNisco Design) (Cont. from 7/30/03) No one was present Ms McKay stated that the letter submitted was suitable for the school building committee The Commission was also comfortable with the letter A motion to continue to the September 24, 2003 meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous 242- , 33 Morninseside Lane(American Sunroom Co.) Gary Scoller of Engineering Alliance was present Mr McDonough read legal notice Mr Scoller said that the proposed sunroom would have the same footprint as the existing deck and stated that downspouts would be attached to the replacement structure with crushed stone underneath He added that the proposed stairs would be in the same location as the existing Ms McKay stated there were several large brush/debris piles observed in the vicinity of WF-6A and WF-13A to WF-15A The debris should be removed prior to construction She added that plantings should be a requirement, in addition to wetland markers and an Environmental Monitor The DEN has not yet been issued Mr Scoller stated they will be razing the deck and will be installing a sunroom with one added sono tube A motion to continue to the August 27, 2003 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous Commission Members took the Agenda out of order. 242-968,Mr. Sudsy Carwash (Northpoint) Jerry Lynn Darcy of Northpoint was present Mr Masse and Mr Manzi recused themselves from voting They left the room A $10,000 bond reduction was being requested for the replication area Mrs Darcy said a letter submitted by Leah Basbanes on May 16, 2003, stated that the replication area was in good health The replication area was required to survive two growing seasons Ms Basbanes reported on the first complete growing season only Julie had recommended not releasing the $10,000 bond in full for the replication area because it had not completed two full growing seasons Mr Lynch said he had additional issues with the lack of compliance with the O& M Plan, specifically the snow stockpiling procedures He said that snow was dumped on site last winter when it was supposed to be trucked out, off site Mr Lynch stated he had mentioned this violation at least twice Mrs Darcy responded that she was unaware of the issue because no official violation notice was ever issued The Commission continued to discuss the bond reduction request Mr Mabon said he could not be convinced that the replication area would thrive, given the fact that there were other violations on the site and the Commission would be taking a risk Ms Feltovic felt it was reasonable to release the requested bond in full since the plantings were in the second growing season and the Spring report had indicated that the plants were healthy Mr Lynch left the meeting and did not wish to participate in any further discussion that night Mr Mabon reopened as the Chairman A motion to release $10,000 was made by Ms Feltovic, seconded by Mr McDonough Vote 2 to 1 The motion failed A motion to release$5,000 was made by Mr McDonough, seconded by Ms Feltovic Unanimous Mr. Lynch left the meeting at 9:15 p.m. 242-1186, Peachtree(Northpoint) Jerry Lynn Darcy of Northpoint was present No action was taken because there was no quorum Recess 15 min 242-1210, Lot 3 Forest Street (Finocchio)(Hancock) Richard Albano and Stacy Carpenter of Hancock Engineering were present Ms McKay stated that the NOI was for the construction of a single family home, driveway, in-ground pool, septic system, and associated landscaping and grading within the buffer zone to a BVW associated with Towne Pond on the North Andover and Boxford line Mr Albano said that the wetlands were flagged in December of 2000, but some of the flags were now in standing water due to beaver activity Mr Manzi suggested a third party review by Patrick Seekamp, Mark West, or Michael Howard He suggested Ms McKay go out for the review as well A motion to continue to the August 27, 2003 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous Meeting Adjourned at 10:00pm by a motion made by Mr. Manzi,seconded by Mr. McDonough. Unanimous.