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Home My WebLink About2006-11-29 Conservation Commission Minutes Conservation Commission Special Meeting Minutes November 29, 2006 � _ Members Present: Scott L Masse, Chairman, John J Mabon, Deborah A Feltovic, Joseph W Lynch, Jr, Louis A Napoli i Members Absent: Albert P Manzi, Vice Chairman, Sean F McDonough i Staff Members Present: Alison E McKay, Conservation Administrator,Pamela A Merrill, Conservation Associate, and Donna M Wedge, Conservation Secretary Meeting came to Order at 7:10 P.M. Quorum Present Joseph W.Lynch,Jr.,arrived at the meeting at 7:30 P. M. Pledge of Allegiance I General Business NACC # 10,Modification& COC Request,41 Saile Way(Contemporary Builders,Inc.)(Ei2ht Meadows Realty Trust)(cont.from 11/15/06) No one was present Mr Masse left the room because of a conflict of interest Mr Masse elected Mr Mabon as Chairman Ms I Merrill stated that at the last meeting the Commission voted to continue the item to allow the applicant to record the Order and in lieu of posting the performance bond,the applicant was required to post wetland makers along the Planning Boards 75-foot Conservation Zone associated with the Lake The Order was had been recorded, the wetland markers were placed along the approximate edge of the 75-foot Conservation Zone and the current homeowner signed the affidavit A motion to issue the modification adopting the as-built plan as the modified plan and record plan was made by Mr Lynch, seconded by Ms Feltovic Unanimous A motion to issue the COC was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-878, 1895 Great Pond Road(Yameen)(Merrimack Engineering Services,Inc.) The applicant,Kenneth Yameen, was present Ms Merrill stated that the Order was issued in October of 1997 for the construction of single-family dwelling with associated appurtenances within the Buffer Zone to a BVW and within the Watershed Protection District The entire house was located outside of the Buffer Zone The Order approved 540 s f of permanent wetland alteration in order to construct a portion of the driveway The applicant was required to mitigate 1,100 s f The replicated area was built at 1,196 s f The applicant was also required to instlall 6 bird boxes adjacent to the replication area, which were installed Epsilon Associates prepared the selasonal monitoring reports for the replication area with the final report stating that the mitigated area exhibited at least 75% wetland cover and was also experiencing standing water They concluded that the replacement area would eventually develop into viable wetland area Ms Merrill stated that she concurred with these findings Wetland markers and No Snow Stockpiling signs were posted as required All disturbed areas were stable Mr Mabon asked why the replication area was needed Ms Merrill indicated that it was as a result of the driveway crossing A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Napoli Unanimous 1 242-1335, COC Request,72 Paddock Lane(Delaney) (Merrimack Engineering Services, Inc.) The applicant, Mrs Maggie Delaney, was present Ms Merrill stated that the Order was issued in July 2006 for the upgrade of a failed septic system within the Buffer Zone to a BVW There were no special conditions associated with this project An inspection was conducted at which time all disturbed areas were observed to be stable The as-built plan complies with the approved plan A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Mabon Unanimous 1 1 1 'f i -1 8 COC, Request,514 Winter Street Guerrera Merrimack En ineerin Services Inc. 242 35 ,C N ( )( � � , No one was present Ms Merrill stated that the Order was issued in July of 2006 for the upgrade of failed septic system within the Buffer Zone to a BVW Wetland markers were placed along the wetland boundary as the lot pre-dates the wetland setbacks and waivers were granted to complete the work A site inspection was conducted at which time all areas were stable The as-built plan complies with the approved plan A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1188,COC Request,211 South Bradford Street(Hurley)(Hancock Associates) The applicant, Michael Hurley, was present Ms McKay stated that the Order was issued in April of 2003 for the construction of a garage with an attached breezeway, an additional walkway, driveway alteration, and infiltration basins located in the Buffer Zone to a BVW and within the Watershed Protection District Work was completed in accordance with the Order and the site was observed to be stable The stormwater system recharge system was installed and is functioning properly An as-built certification letter was submitted by a P E The as-built plans are in compliance with the approved plans A measurement from garage was taken and verified in the field as accurate Monitoring reports were submitted throughout construction and wetland markers are posted The Order also required enhancement plantings to be monitored for two complete growing seasons The plantings were installed in the spring of 2004 and have successfully survived the two growing season requirement Inl June of 2004, the applicant had requested a COC,however the department denied this request administratively as the plantings had not survived the two growing seasons and site was not yet adequately stabilized In September of 2004, the applicant had requesting a partial bond release of$4,000 of the total $5,000, leaving$1,000 to remain until the enhancement plantings survived the second growing season In addition, the catch basin was inspected and documented by a P E that it was free of any accumulated silt and debris as required The applicant was requesting a waiver from the COC filing fee and had submitted a letter for this request A motion to deny the filing fee waiver was made by Mr Mabon, seconded by Ms Feltovic Unanimous A motion to issue the COC and release the bond was made by Mr Mabon, seconded by Ms Feltovic Unanimous Town Meeting-Warrant Articles Ms McKay stated that Town Meeting Warrant articles would need to be submitted by January 5, 2007 Enforcement Order Follow-ups Mazurenko Farm Locust Trail-Friends of North Andover Trails Mr Mabon stated that the Friends of North Andover Trails group were successful in the completion of the Locust Trail atiMazurenko Farm in accordance with the approval project plan Mr Mabon indicated that she spoke with Ms McKay in this regard and they felt it appropriate to consider an article in the paper 25 Margate Street Ms McKay stated that the owner had complied with the EO and that she was satisfied after much effort. Mr Napoli agreed, indicating that he was there on a Saturday morning to make sure the final stabilization efforts were properly conducted Ms McKay stated that the fine of$100 00 a day from for 120 days came to $12,000 Ms McKay stated that the applicant wishes to negotiate the fine Mr Masse stated that the fine would stand as is i Request for Attendance- Zoning Board of Appeals Meeting Re: Merrimac Condominiums Ms McKay informed the Commission of this meeting to be held on December 19"'at 7 00 p in at Town Hall Mr Masse took a poll for attendance Mr Masse requested that the meeting be posted as a public meeting in case a quorum was present Public Hearings None i 2 I I i Decisions 242-1357 0 Nolrth Main Street(Downer Brothers Landscaping)(New England Engineering Services, Inc.) No one was present Ms McKay presented the denial Mr Lynch stated that the Commission had given the applicant the opportunity to withdraw with out prejudice at any point The opportunity was never taken and the applicant came back with silmificant changes months later Mr Lynch stated that the denial was based upon the lack of information and the lengthy continuances Mr Lynch stated that at initial hearings the applicant was asked if the lot was even buildable and whether or not the project would need a vanancelspecial permit from the ZBA After many months,the applicant now presented that they would need to appear before the Zoning Board Mr Lynch also questioned whether or not the site was buildable considering that the proposed project was submitted just prior to the May flood event and the site was observed to be completely under water at that time Mr Lynch discussed that the applicant had been storing equipment on the site for a while, which should be addressed in anI Enforcement Order(to remove materials and to stabilize the site with hay bales and silt fence) A motion to deny the project for the reasons stated above was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1374 60 Willow Street(Rohm& Haas Electronic Materials)(Merrimack Engineering Services, Inc.) No one was present Ms McKay stated that conditions included, a$3,000 bond, a pre-construction meeting, submission of a revised O&M plan to be recorded at the Registry of Deeds, Environmental Momtonng on site for any dewatenng, submmssion of weekly monitoring reports, signs for No-Snow Stockpiling and No-Salt, the revised O& M plan would be in perpetuity, work to occur between June and October, fence replacement within the same footprint, etc Mr Lynch stated that no cars were to be parked on grassed areas near wetlands on the site while the work was being done A motion to accept the Order of Conditions as amended was made by Mr Lynch, seconded by Mr Napoli Unanimous A motion to adjourn the meeting at 8:15 P. M.was made by Mr. Lynch,seconded by Ms.Feltovic. Unanimous. I I I C �� 3