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HomeMy WebLinkAbout2004-02-25 Conservation Commission Minutes t rt Conservation Commission Meeting Minutes February 25, 2004 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr, Vice Chairman, Joseph W Lynch, Jr, and Sean F McDonough Members Absent: Deborah Feltovic,Beth Wescott, and John J Mabon Staff Members Present: Alison McKay, Conservation Interim Administrator, Donna Wedge, Conservation Secretary Meeting came to order at: 7:05pm Quorum present. General Business 242-1045, Extension,675 Chickering Road, North Andover High School (North Andover School Committee)(Request to Cont. to 3/10/04) No one was present Ms McKay discussed some of the history of the project the consultant has expressed some concerns including current snow stockpiling, trash disposal, and erosion control repair There was a pre-construction condition in the Order, which required that a snow management plan be submitted to DPW for review and approval This was not submitted The applicant is currently preparing a draft snow management plan It is unclear as to whether the plan will be submitted prior to the issuance of an extension It is necessary for the Commission to review this plan prior to the issuance of the extension The wetland flagging has not been completed prior to the weekend for the Commission's consultant to review More time is necessary for review The applicant has requested a continuance to 3/10/04 to complete requirements A motion to continue to March 10, 2004 meeting was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1137, COC, 78 Crossbow Lane(Bugbee)(New England Engineering) Ben Osgood of New England Engineering was present Richelle Denney of Arrow Environmental had reviewed the site for the request of a COC an outside consultant the Commission hired to help the Conservation Department Ms McKay stated the deck size slightly increased did not make the structure any closer to the wetland resource area The edge of the deck measures at 55' to the closest wetland point, which is consistent with the approved plan The 25' No-Disturbance Zone and the 50' No-Build Zone were mandated and met All areas are stabilized with grass There are no issues A motion to issue COC and release of the bond was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1149, Modification,Lot 17 Cotuit Street(Burke)(New England Engineering) Ben Osgood of New England Engineering was present Mr Lynch stated he is not an Abutter for this project Ms McKay discussed some of the history of the project the Order of Conditions was issued on 7/25/02 for construction of a single family home, driveway and utilities in the buffer zone to a bordering vegetated wetland The dwelling is now being proposed as a duplex dwelling with the following changes, an additional garage stall has been added, the driveway has been enlarged, an additional deck and associated stairs were added, and the front walkway has been extended These changes enlarge the dwelling footprint slightly A wooden guardrail has been added along the driveway to prevent the plowing of snow off the end of the driveway and over the previously approved 2-3 foot tall boulder wall and a 4' tall stockade fence is proposed above the wall to prevent the disposal of yard waste over the wall The approved soil stockpile area remains noted on the plan The modified plan meets the 25' and the 50' setbacks and is similar in layout to the previous approved plan No significant changes were made to the grading on the site Although the boulder wall was previously approved in the location shown on the proposed plan, I would recommend that the wall and the fence be extended to the property line along the 25' in a more westerly direction and then run parallel to the property line in a southerly direction Also not included in the approved Order are several boilerplate conditions, which should be included with the modification staking the foundation and the deck/stair corners prior to construction and the submission of an as-built foundation plan Mr Masse stated this should be done as an amendment not a modification Mr Osgood requested the withdrawal of the modification A motion to accept the withdrawal of the modification was made by Mr Manzi, seconded Mr Lynch Unanimous A motion to issue an amendment to the Order of Conditions was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1170, COC, 215 Old Cart Way (Checkoway)(New England Engineering) Ben Osgood of New England Engineering was present Richelle Denney of Arrow Environmental had reviewed the site for the request of a COC an outside consultant the Commission hired to help the Conservation Department Ms McKay discussed some of the history of the project the Order of Conditions was issued on September 26, 2002 authorizing grading activities within the Buffer Zone to a bordering vegetated wetland to accommodate a swing set play area The using of a landscaping tie retaining wall instead of the proposed 2 1 slope pulled the extent of grading back The limit of work was therefore further away from the wetland line as a result The swing set itself was installed just over 55' from the wetland as approved The 25' No-Disturbance Zone and the 50' No-build Zone were mandated and met All areas are now stabilized A motion to issue COC and to release the bond was made by Mr Manzi, seconded by Mr Lynch Unanimous ENF Holt Road Recycle Center& Transfer Station-Comments close 3/12/04 No one was present Discussion about the submittal to The Massachusetts Environmental Protection Agency Mr Lynch stated they would have to comply with local By-law, EPA, Wildlife for a Scoping Certificate also traffic studies air quality tests 30 day review window the policy is very lengthy Ms McKay stated Julie had requested them to submit information to the Conservation Department Ms Parrino had walked the site in April 2003 and found no resource areas on the site but the southeastern she did hear peepers Mr Lynch stated any comments should be very vague No Recess Public Hearings 8:00pm Requests for Determination of Applicability (RDA) 984 Turnpike Street(Newell)(New England Engineering)(Cont. from 2/11/04)(Request to coat. to 3/10/04) Ben Osgood of New England Engineering was present Ms McKay stated requested information has not been received It is my understanding that the applicant is waiting for the Board of Health approval A motion to continue to March 10, 2004 meeting was made by Mr Manzi, seconded by Mr McDonough Unanimous Lot 2 Great Pond Road (Phillips Common, LLC)(Hayes Engineering)(Cont. from 2/11/04) Lot 3 Great Pond Road (Phillips Common,LLC) (Hayes Engineering) (Cont. from 2/11/04) Lot 4 Great Pond Road (Phillips Common,LLC) (Hayes Engineering) (Cont. from 2/11/04) Michael Phillips of Phillips Common, LLC was present Ms McKay stated at the meeting on 1/28/04, the Commission continued to further discussion how to address the projects There were discussions as to whether NOI filings were necessary or whether the projects should be addressed under the expired Order through the issuance of an Enforcement Order There has been no new information submitted A motion to continue to March 10, 2004 meeting was made by Mr Manzi, seconded by Mr McDonough Unanimous Notice of Intent(s) (Cont.) 242-1223, Lot 6 Ogunquit Road,Rocky Brook Estates (Breen)(Neve-Morin Group Inc.)(Cont. from 2/11/04)(Request to cont. to 3/24/04) John Morin of Neve-Morro Group, Inc was present Ms McKay stated Natural Heritage has determined site work may impact estimated habitat of rare wetlands wildlife The applicant is in the process of retaining the services of Brian Butler of Oxbow Associates to address issues raised by Natural Heritage A motion to continue to March 24, 2004 meeting was made by Mr Manzi, seconded by Mr McDonough Unanimous 242-1234, 88-90 Farwood Avenue (Sorkin)(Neve-Morin Group)(Cont. from 2/11/04) John Morin of Neve-Morin Group, Inc was present Mr Morro stated he could not identify the property line the land is owned by Heritage or The Town of North Andover Mr Lynch stated Woodland Road is an old road but the town could not abandon the road because Coolidge Trustee's cattle way under Route 125 Ms McKay discussed a site visit she had with Greg Hochmuth of Neve-Morin Group on 2/24/04 to get a better sense of the size and location of the landscaping debris stockpiling area and to discuss removal options and methods A significant portion of the debris is within the 25' no-disturb Heritage Green has been working with the landscaper Steve Pallideno and Neve-Morin to properly remove the materials, which should be completed within the next week The area can easily be pulled back and remove in a way to further disturb the resource area It is of the opinion of both myself and Neve that erosion controls are not necessary at this time of year However, I feel that monitoring of the removal should be required Upon completion of removal, I recommend that the area of 25' disturbance be determined and appropriate mitigation be submitted for approval Mr Manzi stated to issue an Enforcement Order to make the applicant clean up the landscaping debris right away A motion to issue a decision in 21 days was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1232, 1003 Osgood Street-Lakeview Farm Development(Thomas Properties, LLC)(West Environmental)(Cont. from 12/18/03) (Request to Cont. to 3/10/04) No one was present Mr Masse and Mr Manzi recused from voting No Quorum to vote Continue to March 10, 2004 meeting Decisions 242-1220, 57, 100, 157 Turnpike Street The Commission,was discussing the Order of Conditions and how the document should be worded and sequenced Mr Lynch stated the dention pond and storm water management plan needs to be constructed first before any other construction can be done Also there must be monitoring at the site when the dention pond is being excavated The dention pond is one acre The Commission was discussing the bond amount what the amount should be The Commission decided the bond amount would be set at$ 75,000 A motion to accept the draft of the Order of Conditions and bond amount was set at$ 75,000 was made by Mr Manzi seconded by Mr Lynch Unanimous A motion to adjourn the meeting at 8:30pm was made by Mr.Manzi, seconded by Mr. McDonough.