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HomeMy WebLinkAbout2004-10-27 Conservation Commission Minutes \L Conservation Commission Meeting Minutes - -, P, October 27,2004 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr ,Vice Chairman,Joseph W Lynch, Jr, and John J Mabon, Deborah Feltovic, Sean F McDonough Members Absent: Beth Wescott Staff Members Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill, Conservation Associate, Donna Wedge, Conservation Secretary Meeting came to Order at 7:05pm Quorum Present. All Public Hearings are continue to November 3, 2004 meeting. General Business 242-968,COC, 740Turnpike Street-Mr. Sudzy Car Wash (Atlantic Realty Trust/Suds Development, LLC)(Merrimack Engineering) No one was present Ms McKay states review by staff has been conducted but recommendations have not been prepared to date As-Built plans have not been submitted in addition to a final stormwater review A motion to continue to November 3, 2004 meeting was made by Mr McDonough, seconded by Ms Feltovic Unanimous 242-871,SOOC,Partial Bond Release Berrington Estates (Mesiti Development) No one was present Ms Merrill states Mesiti Development Corporation is requesting a partial bond release of$19,500 00 (half of$39K) The project consists of a 7 lot residential subdivision with associated roadway, utilities, stormwater management structures, and site clearing& grading The retaining wall and portions of the subdivision roadway, utilities, and a detention basin were proposed within the Buffer Zone associated to bordering vegetated wetland, along the southern side of the parcel The subdivision is within the Watershed Protection District Therefore, the PB mandated a 150-No Disturbance Zone from the delineated edge of"Great Beaver Lake" These wetland transverses along the northern portion of the development The subdivision was approved by North Andover Conservation Commission and was subsequently appealed by an abutter The DEP issued a SOOC on October 7, 1998 The Order expired October 7, 2001 We did not have the approved DEP plans in the file The performance bond was posted with the NACC on June 27, 2000 There is no indication in our files that the applicant requested or received an extension permit from DEP A modification was requested in July 2000 for installation of gas utilities from Appleton Street in the subdivision The NACC granted approval Julie Parrino, former Administrator, conducted a site inspection with Jim Carrol, and Leah Basbane on April 7, 2002 Her inspection concluded that the majority of the work within jurisdictional areas was completed She further indicated that uncompleted activities within the buffer zone must be permitted under a new NOI, and any exposed areas must immediately seeded It is not clear as to what areas she is referring to In the letter to Jim Carrol, dated April 8, 2002, Julie requested that the above-mentioned activities must immediately address, and a letter shall be submitted to this office detailing incomplete activities, if any, within the buffer zone A response letter was never found in the file Pamela Merrill, Conservation Associate, conducted a site inspection on October 25, 2004 I walked the perimeter of the entire subdivision All the areas were well stabilized with grass vegetation It appeared the exposed areas Julie may have been referring to has been permanently stabilized with stone riprap Most of the temporary erosion controls are apparent and still intact In accordance with the SOOC, (Condition# 38), after all work is complete, the edge of the wetland resource area and the No-Disturbance shall be permanently marked designating their sensitivity This has been done In accordance with Condition# 37 permanent signage designating "No Salt Zone" and"No Snow Stockpiling Zones" shall be displayed in prominent locations to be approved by NACC and DPW This has been done Present to vote- Scott Masse, Albert Manzi, Jr, Joseph Lynch, John Mabon, Deborah Feltovic and Sean McDonough A motion to continue to November 17, 2004 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous Proposed Conservation Restriction-Edgewood Farm (cont. from 10/13/04) Kristin Abati Associate of Choate & Hall& Stewart Attorneys at Law and Margaret"Peg" Wheeler, J D of the Trustees of Reservations and Sophie C Koch-Weser of Edgewood Housing and Robert Lavoie a lawyer for Edgewood were present Mr Masse has concerns there is not any communications between the Conservation Commission and the Town Manager and the Selectman The future if there are problems with this there is internal lack of communication between The Conservation Commission and Selectman and Town Manger Ms Wheeler states the Trustees are very obligated to the terms and keep the Conservation Restriction forever The Trustees of Reservation manage 225 acres of land in the State of Massachusetts We have been taking care many acres of land since 1,891 Mr Manzi states the access to the property is a common driveway the town deeds the right to access the abutting property Half Mile hill Ms Feltovic states the barn is being used for Commercial use here motor oil spilling into the ground this area is within the Watershed Protect District the owner of the property should be required to clean up the area Ms Wheeler states the restriction allows no building at all and the maintance of the Barns Mr Lynch states that he is a member of the Trustees of Reservations A motion to give positive vote from the Conservation Restriction at Edgewood Farm was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1093, 65 Flagship Drive, (Ranger Development)(Epsilon Associates,Inc.) No one was present A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Mr McDonough Unanimous A motion to adjourn the meeting at 8:00pm was made by Mr. Mabon,seconded by Deborah Feltovic. Unanimous.