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HomeMy WebLinkAbout2006-11-01 Conservation Commission Minutes ' 00 j Conservation Commission Meeting Minutes o November 1 2006 � y Members Present: Scott L Masse, Chairman, Albert P Manzi, Jr, Vice Chairman, John J Mabon, Deborah A Feltovic, Louis A Napoli. Member Absent: Joseph W Lynch, Jr, Sean F McDonough Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate and Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:15 P. M. Quorum Present. i Pledge of Allegiance i General Business 242-443, PCOC Request, 84 Thistle Road-Lot 39C (Dalton & Finegold,LLC)(Abbott Street, Trust Beniamin C. Osgood, Trustee) (cont. from 10/25/06) (request to cant. to 11/15/06) No one was present Ms McKay stated that the applicant was requesting a continuance to the November 15`h meeting A motion to continue to the November 15`h meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1261 Partial Bond Release Request, Lots 1-5 Cotuit Street Burke New En land Engineering Services, Inc.) No one was,present Ms McKay stated that the applicant was requesting a continuance to the November 15 meeting A motion to continue to the November 15`h meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous NACC # 101 Modification & COC Request,41 Saile Way (Contemporary Builders, Inc.) (Eight Meadows Realty Trust) No one was present No Quorum Continued to the November 15`h meeting i 242-1186, PCOC Request- Lot 7 (Northpoint Development, LLC)(West Environmental, Inc.) No one was'present No Quorum Continued to the November 15` meeting 242-1186, PCOC Request-Lot 8 (Northpoint Development, LLC)(West Environmental, Inc.) No one was present No Quorum Continued to the November 15` meeting 242-1186, PCOC Request-Lot 9 (Northpoint Development, LLC)(West Environmental, Inc.) No one was;present No Quorum Continued to the November 15` meeting 242-1186, PCOC Request-Lot 10 (Northpoint Development, LLC)(West Environmental, Inc.) No one was,'present No Quorum Continued to the November 15`' meeting 242-1186, PCOC Request-Lot 11 (Northpoint Development, LLC)(West Environmental, Inc.) No one was present No Quorum Continued to the November 15` meeting i � 1 I a' it 242-1186, PCOC Request-Lot 12 (Northpoint Development, LLC)(West Environmental, Inc.) No one was present No Quorum Continued to the November 15'h meeting i 242-1186, PCOC Request-Lot 13 (Northpoint Development, LLC)(West Environmental, Inc.) No one was present No Quorum Continued to the November 15` meeting 242-1186, Partial Bond Release, Peachtree Farms (Northpoint Development, LLC)(West Environmental, Inc.) No one was present No Quorum Continued to the November 151h meeting Draft Conservation Restriction Cullen Property (cont. from 10/25/06) Ms McKay;stated that the only significant change made was on page 3, which indicated a 75% unrestricted 'fair market value of the Premise at the time of sale Town counsel had reviewed and was comfortable with the revisions made from the state The applicant is seeking to close on the property within the next month, therefore Ms McKay requested the Commissions approval and subsequent signatures if there were no further issues Ms McKay reminded the Commission that the CR befo Ire them was for the 1 5 acres of land around the house only not the other 14 acres, which would be a separate Conservation Restriction A motion to accept the Conservation Restriction on the Cullen Property was made by Mr Mabon, seconded by Ms Feltovic Unanimous I Small Proieet Review- NACC # 22, 301 Summer Street Ms Merrill stated that the small project filing was for a septic replacement under section 4 4 2 D of the small projects She stated that she had reviewed the wetland boundary She stated that the closet point of work to the wetland resource area was 52-feet Work is proposed outside of the 50- foot No-Build zone Conditions will include installation of haybales and silt fence, a pre- construction,meeting, and a post construction meeting She stated that work under the small project permit would expire on December 1, 2006 A motion to ratify the conditions as drafted under small project NACC #22 was made by Mr Mabon, seconded by Mr Manzi Unanimous Enforcement Order Ratification Salem Street/Granville Lane (DPW) Ms Merrill 'stated that she met with James Timmons and Joe Cnstaldi of Holt Road Excavators, Inc , who would be doing the work A corrugated pipe had collapsed and would be replaced The resource area is the pond on Granville Lane Conditions would include installation of erosion controls, work to be completed within 3 days, removal of any sediments by hand, expiration of the Enforcement Order to expire on November 30, 2006, and if they need to dewater to call the Conservation Department to oversee the project A motion to ratify the Enforcement Order as drafted was made by Mr Mabon, seconded by Ms Feltovic Unanimous 44 Abbott Street Ms McKay stated that the Enforcement Order was for moving the shed outside of the 50-foot No- Build zone The applicant hired Uptown Landscaping who would need to remove a small section of grass area and using a tractor to pull the shed off the cinder blocks towards the house Work would be completed on November 2, 2006 A motion to ratify the Enforcement Order as drafted was made by Mr Mabon, seconded by Ms Feltovic Unanimous I i 2 i i i i I Mazurenko Farm Locust Trail Presentation-Friends of North Andover Trails Walter Soule, Dennis O' Sullivan, and Thomas Powers of the Friends of North Andover Trails were present MsI McKay stated that this recently resurrected group has been of great help to the Community thus far She indicated that she has attended their meetings and has been able to assist them with understanding the Conservation process She indicated that Shawsheen River trail clean up went very; well Mr Mahon added that he has also been working with the group and particularly Dennis O' Sullivan with the current proposal He said that the group has been a lot help to the Commissior recently Mr Soule asked if a boundary survey plan existed Mr Manzi stated that this was required when the Town purchased the property in 1990 He indicated that there would be metal survey posts along the boundary Mr. O' Sullivan described the proposed project in detail, stating that the group would start at the parking lot and go from there The current trail is under water due to�historic beaver activity and ponding on the property He indicated that the work could take up to 6 weeks with weather permitting Power tools may be necessary to conduct work However, he stated that hand tools would be used to complete all work with the 25-foot no- disturbance zone He indicated that as soon as the group completed the requested trail at Rolling Ridge, they would start Ms McKay discussed the conditions drafted in the EO, which included clean and removal up cut brush/trees limbs, and invasive vegetation and installation of trail markers upon completion Mr Mabon added a slight change to the wording in regards to the stockpiled areas, whichi could be used for wildlife habitat purposes A motion to ratify the Enforcement Order as amended was made by Mr Mabon, seconded by Mr Manzi Unanimous Mr Masse stated that for the November 15, 2006 meeting Mr Mahon would be the Chairman for the projects with No Quorum at tonight's meeting The Commission took a 5-minute recess I Public Hearings: 8:01 P. M. I 242-1208, Foster Farm Elementary School (North Andover Buildinp,Committee)(DiNisco Design)(cont. from 10/25/06) A letter was received from Kenneth DiNisco of DiNisco Design stating that due to the lack of funding, the North Andover School Committee has requested a withdrawal for the Foster Farm Elementary School project A motion to accept the withdrawal for the filing of Foster Farm Elementary School was made by Mr Manzi, seconded by Ms Feltovic Mr Masse opposed Vote passed 4-1-01 Trails & Open Space Rules & Regulations-Hunting, at Half Mile Hill, Half Mile Hill Summit, and Sunny Hill Ridge (cont. from 11/1/06) Many abutters were present both hunters and non hunters alike including,but not inclusive of, Nancy Melia& Mario Riccio of 523 Osgood Street, Susan Walsh of 575 Osgood Street, Silvia Stephenson of the pre-school, Brian Bufagna of Newton, N H , Michael Davidowic of Ward Hill Farm, Steven Sardella, Todd Latorre of 435 Wood Lane, Domenic Kalil of 103 Lancaster Road, Anne Erickson, Lynne McLaughlin of Salem Street, Richard Tokowicz of 157 Lancaster Road, Barbara Hartrick of West Boxford, and William Callahan of Osgood Street I The public meeting notice was read Mr Masse stated the meeting was being held as a joint meeting of the Trails and Open Space Committee and the Conservation Commission 3 I I Mr Manzi and Mr Mabon of the appointed hunting subcommittee stated that Town Counsel has not yet rendered an opinion in regards to Article 97, which was raised at the previous meeting, but in doing their own review are of the opinion that this article bears no relevance Further, Mr Mabon stated that the subcommittee is recommending the Open. Space Committee/Conservation Commission to take no further action that evening until they received review from Town Counsel This recommendation is based upon making a good decision that has been thoroughly assessed An additional recommendation was to keep the temporary prohibition of hunting on the parcels in question until the subcommittee and subsequently the Open Space/Conservation Commission had rendered a final recommendation Mr Manzi further expressed that the subcommittee's decision to take no action at that time was so that the subcommittee could gather, analyze, and study all the evidence and documents before making a final decision He stated that studies would include,but would not be limited to, gathering soil samples and biological data, related animal studies, public safety, etc Mr Manzi stated that these types of studies would take time Mr Callahan stated the Public Safety should be a top priority Mrs Stephenson requested a gate to be installed at the entrance to the hill Abutters were also concerned about posting no hunting and public awareness The open space Committee/ Commission indicated that staff would install a No Hunting sign at the Town access drive, post notice on the website, and would look into installing a gate at the entranceway The North Andover Police Department would also be notified and would be the point of contact should there be any violations of hunting on the property Mr Bufagna stated that he had already put up his tree stands for bow hunting for the season and asked for permission to retrieve his tree stands He was granted such permission Mr Manzi stated that the subcommittee would need at least 90 days in order to complete and analyze the studies conducted A motion to continue the temporary ban on hunting on Half Mile Hill, Half Mile Hill Summit, and Sunny Hill Ridge to continue study was made by Mr Manzi, seconded by Ms Feltovic Mr Napoli opposed A motion to continue to the February 14, 2007 meeting to present the subcommittees study was made by Mr Mabon, seconded by Mr Manzi Mr Napoli opposed Vote passed 4-1-0 Decisions 242-1371, 140 Marian Drive, (Tilley)(Merrimack Engineering Services, Inc.) Ms McKay stated that the bond amount was $500, installation of wetland markers, a pre- construction I meeting, and that no monitoring reports were necessary A motion to accept the Order of Conditions as drafted was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1372, 1475 Turnpike Street (Williams)(Merrimack Engineering Services, Inc.) Ms McKay'stated that the bond amount was $500, installation of wetland markers, a pre- construction meeting and that no monitoring reports were necessary A motion to accept the Order of Conditions as drafted was made by Mr Manzi, seconded by Ms Feltovic Unanimous A motion to adjourn the meeting at: 8:50 P. M. was made by Mr. Manzi, seconded by Mr. Mabon. Un nimous. 4