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HomeMy WebLinkAbout2004-01-14 Conservation Commission Minutes _ d DDDo Conservation Commission Meeting Minutes January 14, 2004 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr, Vice Chairman, Joseph W Lynch, Jr, Deborah Feltovic, and John J Mabon, Sean F McDonough Members Absent: 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 Present. General Business Minutes—Under review 242-1104, COC, 1080 Turnpike Street(Putnam) (Hancock Environmental Consultants) No one was present Ms McKay presented an overview of the history of the project The Order of Conditions was issued in October of 2001 for the construction of a detached garage, driveway extension, retaining wall and associated grading activities within the buffer zone to a BVW An addition was also to be constructed outside the buffer zone The detached garage was proposed at 51' from the wetland edge and the as-built conditions showed the garage slightly closer at 50 5' The approved stone retaining wall was extended in the both directions, but not as close to the wetlands as proposed Ms McKay said she had no issues with the extension of the wall, as it would provide a better physical barrier from the wetland area She also stated that the site was in Compliance with the Order and that the site was stable A motion to issue the COC and release the bond was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1151, COC, 429 Marble ridge Road (Barry) Mr and Mrs Barry were present Ms McKay presented an overview of the history of the project The Order of Conditions was issued on 8/15/02 for the construction of an addition to the rear of the house, construction of a second floor addition above the garage and the installation of a sewer line in the buffer zone to a BVW The rear addition is in conformance with the As-Built plan and the sewer line was installed at the front of the home The addition over the garage was not constructed The site was inspected on 1/12/04 and was snow covered at the time of the inspection Site stabilization could not definitively be determined Ms McKay indicated that she pushed aside some snow in one location around the construction area and it appeared that area might not be fully vegetated Mrs Barry said the site was seeded last fall Ms McKay also indicated that a 2 by 2 foot high soil stockpile mound was left within the limit of work Mr Lynch felt that the Commission should defer the hearing to a later date to determine whether the site was stable Mr Mabon had concerns about the stockpile area Mr Manzi stated that the Commission could accept proof, in the form of photos, of site stabilization Mr Masse stated if the Administrator couldn't verify site stabilization, the Commission could not grant a COC Mrs Barry stated she would take pictures when the snow melted and requested notification from staff as to when the inspection would be performed Mr Lynch made a motion to deny the COC There was some discussion Mr Lynch withdrew his motion to deny the COC A motion to continue to the January 28, 2004 meeting was made by Mr Lynch, seconded by Ms Feltovic Mr Manzi opposed Mr McDonough abstained Vote 3-1-1 The motion passed ?????? 242-1168- Partial Bond Release, 127 Bridle Path (Chatson)(WPI) Jeff Andrews of Wetland Preservation Inc was present The applicant was also present Ms Parrino presented an overview of the project The Order of Conditions was issued on 5/14/03 for the restoration of isolated vegetated wetland and buffer zone The total bond amount was $15,980, and the applicant was requesting the release of 85% of the bond($11,985, leaving a balance of$2,000) The restoration activities were completed in the fall of 2003 Mr Andrews stated that the required 3,160 s f replication area, which included 40 plantings, had been completed Ms Parrino stated that buffer zone restoration was short about 300 s f, but indicated that she felt comfortable with this shortage because additional replication was provided and the replication area was a high quality system The Commission requested the total cost amount of the plantings The applicant indicated that the total cost of plantings was about $5,500 A motion to release $ 9,000 of the total bond amount was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-816, Modification, Camubell Forest(Mesiti) Allen Russell of Mesiti Development Corporation was present Ms Parrino presents an overview of the project At the last hearing the Commission requested topographic information for the farm property located at the intersection of Campbell Road and Salem Street to determine impacts of the culvert may have if not adjusted within the Campbell Forest Subdivision New plans were submitted showing this information Mr Lynch questioned the original stormwater analysis, which he discovered was in error However, he felt comfortable with the current proposed drainage structure options and concurrent analyses by the Commission's outside consultant Mr Lynch stated he had no issues with the installation of the 18-inch pipe at the Avery Park Drive culvert A motion to issue a Modification to the Enforcement Order was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1045- Amendment, 675 Chickering Road,North Andover High School (North Andover School Committee) Fred King of Schofield Brothers, Dale Harris of Gale Associates Inc, P E , and Michael Howard of Epsilon Associates Inc were present Ms Pamno presented an overview of the project The Commission requested a habitat evaluation to address noise and lighting This evaluation was submitted the day of the hearing and staff has not had time to review it Revised plans and drainage calculations were also submitted Lisa Eggleston had submitted a final review, which indicated that all issues had been adequately addressed The remaining comments pertained to minor changes to the design plans and are minor in nature Mr Howard discussed the Habitat Evaluation Report He explained that in general, wildlife species occurring in areas in and around the site were generalized species and not specialized species, of which were more adaptive to environmental changes(i a noise and lighting) A motion to continue to the January 28, 2004 meeting to review the habitat study and address the minor plan changes was made by Ms Feltovic, seconded by Mr Mabon Mr Manzi abstained Vote 4-0-1 Enforcement Order Ratification 242-1226, 70 Oakes Drive (Talbot) (NEE) Ms McKay discussed the Enforcement Order with the Commission, stating that site work activities had commenced within the buffer zone without an Order of Conditions A motion to ratify the enforcement order was made by Mr Lynch, seconded by Ms Feltovic Unanimous Project Review Lot 6 Chestnut Street- Ralph Joyce Property Mr Masse requested to defer review to a later date Public Hearings 8:10pm Abbreviated Notice of Resource Area Delineation (Cont.) 242-1225, 15 Timber Lane(Fornier) (W. C. Cammett Engineering)(Cont. from 12/3/03) No one was present At the last hearing, the Commission requested the applicant to submit a letter from the abutter authorizing confirmation of the wetland resource areas on their property Julie indicated that she is aware that the abutter is refusing to submit authorization The commission suggested plans to be revised to show wetland line at approximately the edge of the property if no agreement between the two parties could be made A motion to continue to the January 28, 2004 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1228,Route 114,McGregor Fence Co. (McGregor) (Epsilon Associates)(Cont. from 12/3/03 Michael Howard of Epsilon Associates Inc was present Ms Parrino stated that the applicant was still researching BLSF data, which was why the project had been continued previously As a result, the applicant is now asking only for approvals of the resource areas shown on the plan, exclusive of BLSF Mr Howard stated that the Mark Gross was working on the Flood study for the site, but requested action from the Commission A motion to issue the GRAD approving the BVW and Rrverfront limits only was made by Mr Manzi, seconded by Mr Lynch Unanimous Notice of Intent(s) (Continued) 242-1223,Lot 6 Ogunguit Road, Rocky Brook Estates (Breen) (Neve Associates)(Requested to cont. to 2/25/04) The applicant requested a continuance to the meeting of February 25, 2004 A motion to continue to the February 25, 2004 meeting, with a requirement that the applicant re-advertise, was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1220, 57, 100, 157 Turnpike Street(Eaglewood Properties)(Cont. 12/18/03) Jon Stevenson and Gene Crouch of VHB were present Ms Parrino discussed that Lisa had submitted her last comments to VHB for a response and VHB responded with a January 12, 2004 memo A final review letter was submitted on 1/14/04 Ms Parrino added that the Order of Conditions should address street sweeping, additional soil testing, and the reserved parking area A motion to close was made by Mr Manzi, seconded by Ms Feltovic Unanimous Shortly thereafter, Mr Masse asked if the applicant had submitted the previously requested Northmark Bank letter Ms Parrino said that this letter had not been received Mr Lynch moved to re-open the public hearing and continue to the meeting of January 28 h for the submission of the requested documentation, seconded by Mr Manzi Unanimous 242-1229,Lot 4 Saville Street(JMR Develooment)(Seekamn)(Cont. from 12/18/03) No one was present Ms Parrino stated that the revised plans showing the relocated wall, and a letter certifying that no rear egress will be built were submitted A motion to issue a decision in 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1231,Town Common Utility Project(Mass. Electric)(ENSR) (Cont. from 12/18/03) David Klinch of ENSR and Robert Hewett, an engineer from Mass Electric,were present Ms Parrino stated that the letters from Comcast, Verizon, Mass Electric and Bay State Gas for authorization had been submitted Revised plans were also submitted showing the details of the transformer A motion to issue a decision in 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1227, 129 Cotuit Street (Saraceno) (Neve Associates)(Cont. from 12/18/03) No one was present Ms Parrmo stated that all outstanding issues had been addressed She said that a new issue had come up involving the identified BVW across the street She said she walked the site and the applicant's representatives do not feel that the swale qualifies as BVW and that she was not in disagreement to this She suggested that since the swale was not closely evaluated, the Commission should not approve the delineation, also keeping in mind that it is off the property A motion to issue a decision in 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1226, 70 Oakes Drive (Talbot) (NEE) (Cont. from 12/18/03) The applicant Scott Talbot and Ben Osgood of New England Engineering were present Ms McKay stated that Natural Heritage had commented and there are no further issues remaining A motion to issue decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1232, 1003 Osgood Street(Thomas Properties LLC)(West Environmental)(Cont. from 12/18/03)(Reguest to Cont. to 1/28/04) No one was present A motion to continue to the January 28, 2004 meeting was made by Ms Feltovic, seconded by Mr McDonough Unanimous Notice of Intent(s) 242-1233, 980 Forest Street (Davies) The applicant Derrick Davies was present Mr McDonough read legal notice Ms Parrino stated that the filing was for the construction of a 24' by 24' garage located in the buffer zone to a BVW The work would be conducted greater than 50' from resource area and would be located on an existing paved area There is no grading proposed The wetland line was reviewed and approved The site was previously approved under DEP #242-735, which did receive compliance The site is located in estimated habit Natural Heritage had not commented yet The Commission suggested that the applicant submit revised plans showing the applicants correct name A motion to continue to the January 28, 2004 was made by Mr Manzi, seconded by Ms Feltovic Unanimous Decisions 242-1228, Route 114, McGregor Fence Co. A motion to issue the ORAD identifying the wetland and riverfront boundaries only was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1231, Town Common Utiliteiect A motion to approve the Order of Conditions with a bond amount of$5,000 was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1229, Lot 4 Saville Street A motion to approve the Order of Conditions with a bond amount of$3,000 was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1227, 129 Cotuit Street A motion to approve the Order of Conditions with a bond amount of$4000 was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1226, 70 Oakes Drive A motion to approve the Order of Conditions with a bond amount of$3000 and conditions to add a boulder wall and enhancement plantings was made by Mr Lynch, seconded by Mr McDonough Unanimous Meeting Adjourned at: 9:30 pm. J