The URL can be used to link to this page

Home My WebLink About2006-12-27 Conservation Commission Minutes Conservation Commission Meeting Minutes December 27,2006 Members Present: Albert P Manzi, Jr, Chairman, John J. Mabon, Deborah A Feltovic, and Sean F McDonough Members Absent: Scott L Masse, Chairman, Joseph W Lynch, Jr , and Louis A Napoli Staff Members Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:05 P. M. Quorum Present. Pledge of Allegiance General Business Enforcement Order Ratification Great Pond Road-DPW Ms Merrill stated this was for the clean out of drainage swale across the street from Lake Cochichewick on Great Pond Road DPW dug silt and brush leaves because water was ponding with in the roadway The work took 2 hours the work is completed and erosion controls were removed site is very stable A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Mabon Unanimous Boston Street-DPW Ms Merrill stated Holt Road Excavators, Inc would be replacing a clay pipe 22"pipe 37 feet long and putting in concrete headwalls on the side, which has clasped replacing with steel pipe 22" and 37-feet long should be only a day installation, erosion controls installed hay bales silt fence Mr Manzi stated this 1s a DPW project but sub out to Holt Road Excavators, Inc if the contractor walks away from the job the Town of North Andover would have to pay to clean up the mess the contractor made and the tax payer would have foot the bill Ms Merrill stated they are starting tomorrow would only take a day they had put in to FEMA for some flood money to be able to do maintenance in areas the really needed repair and received the money to do the work Mr Manzi stated this is not an emergency project that has to be done right away this has been in the works for a while I want to see if DPW has bonded these projects thru the contractor This should been a filing of Notice of Intent that way the contractor would post performance bond if any thing goes wrong with this project A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Mabon Unanimous 1 r Small Project Review NACC#25, 23 Forest Street Ms Merrill stated this is for the replacement of subsurface sewage disposal system the wetland resource area is 96-feet away at the closest point the wetland line was reviewed and approved, requirements pre-construction meeting, erosion controls,post construction the order expires 12/1/2007 A motion to ratify NACC425 was made by Mr McDonough, seconded by Ms Feltovic Unanimous NACC#26, 150 Johnnycake Street Ms Merrill stated this is for the replacement of subsurface sewage disposal system the wetland resource area 150-feet away but the leaching field would be 67-feet at the closest point away from the resource area was reviewed and approved, requirements erosion controls,pre- construction meeting, post construction meeting and the order expires 12/1/2007 A motion to ratify NACC#26 was made by Mr McDonough, seconded by Ms Feltovic Unanimous MACC conference Ms McKay stated I am submitting these forms early so you would be able check which classes you would want to attend The date for the conference is March 3, 2007 at Holly Cross College in Worcester MA Recess 15 minutes Public Hearings: 8:02 P. M. Drake Lucas of the Lawrence Eagle Tribune was present during recess. Abbreviated Notice of Resource Area Delineation 242-1378, 116 Marbleridge Road (Innovative Properties, IncJ(Rimmer Environmental Consulting, LLC)(cont. from 12/13/06) No one was present Ms McKay stated this filing is for confirmation of wetland resource boundary delineation only No work is proposed under this filing I reviewed and approved the A-series flagging only It is my understanding from Rimmer Environmental that the B-series will likely not need to be defined for any future work the applicant may propose Mr Manzi stated the Conservation Commission is only approving the A-series flagging Ms McKay stated yes A motion to close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous Notice of Intent (s) 242-1377, 95 Old Cart Way (Murtha)(Giles Surveying)(cont. from 12/13/06) The applicant Thomas Murtha was present Ms McKay stated the applicant has cleaned up the cutting down trees and has a pile outside of 50-foot No-Build zone and outside 25-foot No- disturbance zone he needs to get a permit to burn from the fire department Ms McKay stated specific conditions should include, pool conditions back wash filter system, no pool waters 2 1 discharged toward the resource areas The construction access thru the driveway, extension of the erosion controls as indicated, wetland markers, restoration of the 25-foot No-Disturbance zone area as a result of recent cutting and clearing, if any, and clean up of tree cuttings branches within the 25-foot No-Disturbance zone and wetland resource area DEP file issued, no comments Ms McKay stated the applicant wants to have a discussion of what kind wall should be constructed Mr Murtha stated different contractors are telling me to put natural stonewall verses the versa lock wall which would not as structural strong Mr Manzi stated this would modification if anything structure is within the 50-foot No-Build zone you would have to submit a waiver request to justify why you are encroaching within the 50-foot No-Build and submit an alternative analysis your best bet is to keep structures outside of 50-foot No-Build zone Mr Mabon stated the loose stonewall are usually very large boulders which might have you encroaching within the 50-foot No-Build zone better to keep every structure outside the 50-foot No-Build zone A motion to close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Mahon Unanimous 242-1376, 1275 Turnpike Street-Boston Hill (Boston Hill, LLC)(Marchionda & Associates, L. P.)(cont. from 12/13/06) The applicant Allen Russell of Mesiti Development Corporation, Paul Marchionda of Marchionda&L Associates, L P were present Ms McKay stated since the last meeting, the applicant has contacted DEP to obtain resolve in the concerns raised via E/Mail, but not yet received a response I have some of the same concerns, mainly if MEPA still valid and if Riverfront Act would now apply Also since the last meeting, I have been able to review the project and meet with the applicant to discuss my concerns in addition to those of which were The local filing fees were not correct An additional $1,600 local fee is needed for each building which in the buffer zone The applicant only accounted for 1 building instead of 3 The additional fee will be paid I am of the opinion that additional erosion controls along Turnpike Street both at the bottom of the development and across the street should be installed as a safeguard to protect the resource areas downgradient of the work given the steep slopes The applicant would meet the NPDDES requirement Storm Water Pollution Prevention Plan SWPPP The applicant requested that the Conservation Commission close and issue a decision even if DEP has not responded and comments have not been resolved I am of opinion that this cannot occur Issues need to be resolved prior to closing the public hearing Mr Manzi stated this E/Mail from DEP about MEPA looks like this has been settled Mr Mabon stated I remember the trails and open space were part of this filing Mr Marchionda stated yes the trails and open space have already been taken care of as part of this new filing before Mr Manzi stated DEP could appeal the decision The last extension is good to March 6, 2007 Mr Manzi stated take drive to Wilmington and see if you can talk to DEP in person A motion to continue to January 10, 2007 meeting was made by Ms Feltovic, seconded by Mr McDonough Unanimous Discussion about Amending the North Andover Wetlands Protection Regulations Mr McDonough stated section 4 4 2D may have to be removed because the conflict with the DEP requires per title 5 for septic replacement has applicant file RDA of Notice of Intents and attend public hearings This section within small project section 4 4 2D may have to be removed Town of North Andover Conservation Commission will continue this public hearing to January 3 10, 2007 meeting would have legal notice published Lawrence Eagle Tribune was made by Mr Mabon, seconded by Ms Feltovic Unanimous A motion to adjourn the meeting at: 9:00 P. M. was made by Mr. McDonough, seconded by Ms. Feltovic. Unanimous. 4