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Home My WebLink About2006-06-28 Conservation Commission Minutes Conservation Commission Meeting Minutes June 28,2006 Members Present: Scott L Masse, Chairman, John J Mabon, Deborah Feltovic, Sean F McDonough, and Louis A Napoli Members Absent: Albert P Manzi, Jr, Vice Chairman, Joseph W Lynch, Jr Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:10 P. M. Quorum Present. Pledge of Allegiance General Business 242-1037, 1210 Osgood Street-Endicott Plaza-Bond Release (Forgetta Development,LLC) The applicant William K Barrett was present Ms Merrill stated the Order of Conditions was issued in November 2000 for construction of a hotel plaza within the Buffer Zone to a Bordering Vegetated Wetland To date the Order of Conditions has expired The work at the site was limited to clearing, minor grading and the installation of 3 temporary settling basins for stormwater runoff These basins were recently filled in and permanently stabilized during the spring of 2006 under an Enforcement Order Additionally,the applicant filed an ANRAD as project design will change The applicant is aware he will re-file a new Notice of Intent for any future work The applicant has filed a request for a partial bond release of the $25K posted August of 2002 There was no specification of the bond amount requested I informed the applicant that a COC should be requested if he is planning on submitting a new Notice of Intent Mr Mabon stated the fill bring back pre-existing grade Ms Merrill stated the site is totally stabilized with no erosion Scott Masse, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to issue a partial bond release in the amount $ 24K leaving $ 1,000 plus interest until COC request is sent to the Conservation Department was made by Mr Mabon, seconded by Ms Feltovic Unanimous Enforcement Order Ratification 59 Court Street(Shawmut Realty Trust) Ms Merrill stated issued the Enforcement Order on June 21, 2006, for clearing near perennial stream a $ 200 dollar fine and fine has been paid The clearing was 60-feet from the stream I told him to install a silt fence loam and seed along the bank of the stream Scott Masse, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Napoli Unanimous 1 Filing Fees Discussion Ms McKay stated to increase the fees for COC, Beaver Problems $ 150 00, and higher fines for Enforcement Orders, Follow-up inspections $ 100 00 dollars per additional site visits for pre- construction meetings Mr Masse stated submit the amounts to the Conservation Commission at the next meeting July 12, 2006 then we would approve the increasing of the fees Chairman Elections Mr Masse stated the Election I am sure Vice Chairman would like to stay Vice Chairman Scott Masse, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to elect Scott Masse as Chairman and Albert Manzi, as Vice Chairman, was made by Mr Mabon, seconded by Mr Napoli Unanimous Checklist revisions Mr Masse stated we the Conservation Commission would make the changes at the next meeting July 12, 2006 Filing Fee to keep the Conservation Administrator Assistant as full time. A motion to encumber$ 16,300 from the filing fee account the keep Conservation Administrator Assistant for a year 2007 was made by Mr Mabon, seconded by Ms Feltovic Unanimous A motion to encumber$ 50,000 from the filing fee account for the Conservation Associate for a year 2007 was made by Ms Feltovic, seconded by Mr Mabon Unanimous No Recess Public Hearings: 8:02 P. M. Notice of Intent (s) 242-1349, 245 Bridle Path (Grasso)(New England Engineering Services Inc.) (cont. from 5/24/06)(Reguest to cont. to 7/12/06) No one was present Ms McKay stated the applicant requests to continue to July 12, 2006 meeting Scott Masse, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to July 12, 2006 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1355, 1503 Osgood Street(1503 Osgood Street,LLC)(Wetlands Preservation, Inc.)(cont, from 6/14/06)(Reguest to cont. to 7/12/06) No one was present Ms McKay stated the applicant request to continue to July 12, 2006 meeting Scott Masse, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to July 12, 2006 meeting was made by Ms Feltovic, seconded by Mr Napoli Unanimous 2 242-1357, 0 North Main Street (Downer Brothers Landscaping)(New England Engineering Services, Inc.)(cont. from 6/24/06)(Reguest to coot. to 7/12/06) No one was present Ms McKay stated the applicant requested to continue to July 12, 2006 meeting Scott Masse, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to July 12, 2006 meeting was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-1358, 514 Winter Street (Guerrera)(Merrimack Engineering Services, Inc.)(cont. from 6/14/06) No one was present Scott Masse, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1356, 123 Marian Drive (Cavanaugh)(Merrimack Engineering Services, Inc.)(cont. 6/14/06) The applicants Mr & Mrs Cavanaugh and Maureen Hanley of Norse Environmental Services Inc was present Mr Masse stated the applicant is striking the filling and grading with the garage only taking care of septic replacement with this filing Reconsider the vote on June 14, 2006 A motion to reconsider the vote on June 14, 2006 meeting was made by Mr McDonough, seconded by Ms Feltovic Unanimous A motion to close and issue a decision within 21 days for the septic system only was made by Mr McDonough, seconded by Ms Feltovic Unanimous 242-1364, 611 Salem Street(Belford Construction)(New England Engineering Services, Inc.)(cont. from 6/14/06) Ben Osgood, Jr , of New England Engineering Services, Inc and Abutter Mr Pope of 15 Nutmeg Lane was present Ms McKay stated the plans have been revised to incorporate several minor changes, which were agreed upon as a result a conversation with the neighboring abutter The revisions include some minor grading changes and the addition of a berm at the end and along the southeast side of the driveway These changes are to insure that the water from the site would flow to an existing drainage system adjacent to Nutmeg Lane and would not have any effect on the abutter File # issue but still under review by DEP Mr Pope stated if there is a very heavy rain an alot rain would flood my basement 16-feet of ram the existing drainage would not handle all the water flow Mr Osgood stated elevation of Mr Pope's basement is 170-feet The elevation of the outlet pipe is 168 70-feet so his basement should not get flooded The cape cod berm height of speed bump 3-feet would keep the water from flowing toward Mr Pope's basement The water would be flowing to the front of the house, and running into a catch basin on Salem Street Scott Masse, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to July 12, 2006 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 3 242-1359, 415 Salem Street (Deluca)(Sullivan Engineering Group, LLC)(cont. from 6/14/06) John Sullivan of Sullivan Engineering Group, LLC, was present Ms McKay stated the plans have been revised to include 1 an increase in the number of plantings for the re-establishment of the 25-foot No-Disturbance zone from 18 to 36 High bush blueberries, gray dogwood, and lilacs, 2 The addition of a drip trench along the edge of the proposed driveway to allow for capture and infiltration of stormwater runoff consisting of a filter fabric, crushed stone, and a 4"perforated pvc pipe connecting to an existing catch basin to the front of the property, and 3 the catch basin contiguous build able area of the lot is shown No further issues Mr Mahon stated how high would these plantings grow Ms McKay stated the Conservation Department would submit a planting plan, which would be monitor for 2 years Scott Masse, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1361, Bradford Street-Carter Crest (Tara Leigh Development, LLC)(Epsilon Associates,Inc.)(cont. from 6/14/06) The applicant Thomas Zahoruiko was present Ms McKay stated the revised plans were submitted Scott Masse, John Mahon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1365, 114 Rea Street(Young)(New England Engineering Services, Inc.) Ben Osgood, Jr , of New England Engineering Services, Inc was present Mr McDonough read the legal notice Ms McKay stated the filing is for construction of a subsurface sewage disposal system and associated grading within the Buffer Zone to a Bordering Vegetated Wetland The property is the last property that abuts the Peachtree Development The wetlands are located to the east of an existing single-family dwelling and the proposed septic system will be located to the south west of the single-family dwelling approximately 78' from the wetland resource area The erosion controls are proposed around the proposed work The wetland line has been reviewed and approved with the exception to off property flags 2A or flags that do not effect the proposed project flags 12A-14A All setbacks are being met as proposed File # by DEP issued, still under review No issues Scott Masse, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to July 12, 2006 meeting (will have draft decision ready for next meeting) was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1363, 1150 Salem Street(Farr)(New England Engineering Services, Inc.) The applicant Mr George Farr, Jr , and Ben Osgood, Jr , of New England Engineering Services, Inc , Abutters for this project Mr & Mrs Adams and Sam Sanatoria was present Mr McDonough read the legal notice Ms McKay stated the filing is for the construction of a single- family dwelling attached garage, driveway fieldstone wall, grading and associated appurtenances (water/sewer) within the Buffer Zone to a Bordering Vegetated Wetland The lot is over acre and is completely wooded The site is located between 2 properties, which had recent filings with the Commission(242-1306 &242-1318) The proposed home and the garage just upgradient to the 50-foot No-Build zone and will be 50 8' from the wetland at its closest point A deck is not being proposed in the Order to comply with the 50-foot No-Build zone No work is proposed within the 25-foot No-Disturbance zone and a 2' high dry laid fieldstone wall is proposed just 4 upgradient to the 25-foot No-Disturbance zone A detail of the wall is concluded on the plan The plan shows a drainage easement running along the eastern edge of the property and the wall extends across this easement Does this pose a concern or is it okay? The erosion controls are proposed around the entire lot within the limit of work There is an erosion control detail on the plan showing haybales and silt fence However, the plans say proposed silt fence only A soil stockpiling area is also proposed and is located to the front south of the site The wetland boundary reviewed and approved very clear boundary with no discrepancies Condition would be to stake the foundation corners DEP# issued but still under review Mr Osgood stated the drainage easement would be responsibility of Mr Farr to take care of the drainage and the private sewer would have and alarm called a grinding pumping system this also would be his responsibility to take care drainage and sewer for perpetuity Mr Napoli stated you should install a berm in the driveway that would cut down on the any runoff from the site An abutter Mr Sanatoria stated the sewer easement runs along my property line to the pumping station this is so Department of public works needs access to fix the pumping station Scott Masse, John Mahon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to July 12, 2006 meeting was made by Ms Feltovic, seconded by Mr Napoli Unanimous Decisions 242-1360. 1101 Turnpike Street (National Grid USA)(New England Engineering Services, Inc. Ms McKay states erosion controls on site, environmental monitor, bond amount set at $5,000, condition# 56 No-Stockpiling on site Scott Masse, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to accept the Order of Conditions as drafted was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1358, 514 Winter Street (Guerrera)(Merrimack Engineering Services, Inc.) Ms McKay states bond amount set at $ 1,000, wetland markers, accept wavier request of the 25- foot No-Disturbance zone and the 50-foot No-Build zone up to the tree line entire lot and to accept the shed in place Scott Masse,John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to accept the Order of Conditions as drafted was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1359, 415 Salem Street(Deluca)(Sullivan Engineering Group,LLC) Ms McKay states plantings monitoring for 2 years spring and fall, bond amount set at $ 3,000, environmental monitor, and as-built plan required Scott Masse, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1361 Bradford Street(Tara Leigh Development, LLC)(Epsilon Associates, Inc.) Ms McKay states bond amount set at$ 6,000 ($3,000 for roadway), construction sequence, cart path to give access to the Open Space around the site the land is owned by The Town of North Andover Conservation Commission Scott Masse, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Napoli Unanimous 5 242-1356, 123 Marian Drive (Cavanaugh)(Merrimack Engineering Services, Inc.) Ms McKay states bond amount set at $ 500, wetland markers Scott Masse, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Napoli Unanimous A motion to adjourn the meeting at: 9:30 P. M. was made by Mr. Mabon, seconded by Ms. Feltovic. Unanimous. 6