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Home My WebLink About2009-10-21 Conservation Commission Minutes Conservation Commission Meeting Minutes October 21, 2009 Members Present: John J Mabon, Chairman, Louis A Napoli, Vice Chairman, Joseph W Lynch, Jr , Deborah A Feltovic, Albert P Manzi, Jr Members Absent: Scott L Masse, Albert P Manzi, Jr Staff Members Present: Jennifer A Hughes, Conservation Administrator, Donna M Wedge, Conservation Secretary Pledge of Allegiance Meeting came to Order at: 7.15 PM Quorum Present. General Business 242-1213, COC Request, 17 Wildwood Circle (Klipfel)(New England Engineering Services, Inc.)(cont. from 9/23/09) • Administrator presents the restoration area was planted no monitoring required • There a two trees in the area that may not survive the site is stable no other issues • A motion to grant the COC and release the bond was made by Ms Feltovic, seconded by Mr Napoli • Vote unanimous 242-1337, Extension Request, Old Salem Village (Key-Lime, Inc.)(Hayes Engineering, Inc.) • Administrator presents this project is under construction with very little work in jurisdictional area • Mr Lynch and Mr Mabon discusses there should be an interim as-built plan submitted for the jurisdictional lots throughout the subdivision • A motion to grant the continuance was made by Mr Lynch, seconded by Ms Feltovic • Vote unanimous Small Project NACC#61, 103 Lost Pond Lane (Bielicki)(The Neve-Morin Group, Inc.) • Administrator presents the shed is only 80 s f pre-construction and post construction • A motion to grant this as a 4 4 2 C was made by Ms Feltovic, seconded by Mr Lynch • Vote unanimous • A motion to grant the filing as a small project was made by Mr Feltovic, seconded by Mr Lynch • Vote unanimous 1 NACC#62, 75 Park Street (Greenery Nursing Facility)(Nunes Trabucco Architects) • The applicant Lucio Trabucco of Nunes Trabucco Architects • Administrator presents the installation of a window well for the basement of the Greenery Nursing Facility and construction of a retaining wall within the 100-foot Buffer Zone • Mr Lynch discussed the catch basins should be protected with silt sacks, soil-stockpiling areas should be shown on the plan • Administrator presents the area is only 98 s f of disturbance on the site • A motion to grant the project 4 4 2 J small project with conditions erosion controls, silt sacks for catch basin protection, pre-construction meeting, post-construction meeting was made by Ms Feltovic, seconded by Mr Napoli • Vote unanimous Recess 15 min Public Hearings: 8:00 PM Notice of Intent(s) 242-1463, 40 Webster Woods Lane (Canning)(Merrimack Engineering Services, Inc.)(cont. from 10/7/09) • The applicant Donna Canning and Stephen E Stapinski of Merrimack Engineering Services, Inc • Administrator presents no Natural Heritage issue per letter • A motion to grant and close and issue a decision within 21 days was made by Ms Feltovic, seconded Mr Napoli • Vote unanimous Note Mr McDonough arrived 242-1459, 1001 Turnpike Street (Orchard Village, LLC)(Christiansen & Sergi, Inc.)(cont. from 10/7/09) • The applicant Robert Messina of Orchard Village, LLC, Donald F Borenstem, Esq of Johnson& Borenstem, LLC, Phil Christiansen of Christiansen& Sergi, Inc , and abutters Sandra Skelton of 846 Chestnut Street, Nicholas & Barbara Denitto of 130 Marian Drive • Administrator presents spoke with Joanne Fagan, Section Chief of Brown fields Permits, and she recommends conditions on Order of Conditions referencing applicable sections of the Mass Contingency Plan (MCP) • Mr Borenstein discusses the new plans submitted today • Mr Mabon discusses consider removal of the contaminated soils off site • Mr Borenstem discussed LSP licensed by the State of Massachusetts for testing lead, arsenic, and any other hazard chemicals in soils in the State of Massachusetts • LSP report done from 2006, 2007, and 2009 for Enterprise Bank because this is financing bank for this project • Mr Lynch discusses this is a dismay that the applicant warts till now to submit this information to Conservation Commission at the 11"'hour presents the pollution preventive 2 f plan The Conservation Commission needs to see the soil management plan about the site before we can make a decision on the Order of Conditions • Mr Borenstein discusses the soil management plan can be submitted the Conservation Commission The soil would be trucked of site and disposed in properly accepted areas that would accept hazard soil • Mr McDonough discusses why has this filing can not be monitor by DEP this makes more sense then having a private company coming in the remove the soil of site then we could get reports of progress on the removal of the hazard soil off site • Mr Christiansen discusses the standard management of polluted soil these company, s have approval thru State of Massachusetts there is know need to have DEP get involved with this project • Mr Mabon discusses there is disturbance with the roadway being installed and curb cut on Turnpike Street with MA Highway Department this could cause a lot disturbance within the soil movement with any heavy ram event on striped open land with nothing to hold the dirty soil on the site with contaminated soil on the site The wetlands the Conservation Commission protection is our priority and protection of Boston Brook, which could be effected down stream from this project • Mr Bornstein discusses different construction state review soil management plan various kinds of plans • Mr Lynch discusses the Conservation Commission needs tb review the soil management plan before closing this hearing • Mr McDonough discusses that DEP should be notified because of the toxic soils on this site also the Board of Health should be notified • Mr Borenstein discusses the LSP is the monitor on the site they would actually follow the trucks to the sites where they bring the contaminated soil off site • Mr Lynch discusses there would not be 4 dump trucks removing contaminated soil of this site there would more likely 250 trucks going in and out of this site for the removal of the contaminated soil of this site this is major problem more soil test need to be done on this site • Mr Borenstem discusses with the contaminated soil on this site possible better scenario would to removal of 9-feet of soil of site to prevent any concerns of the Neighborhood • Mr Lynch discusses DEP would get involved with the stormwater regulation to stop contamination of stormwater runoff site to contaminate other areas within this area this could be huge problem if soil migrates of the site major problem contamination in other areas in the Town of North Andover • Mr McDonough discusses stormwater management should be tested for contamination water testing on the site to see if any contaminates area moving off the site by dust or rain water flow the areas around the site should be tested for the safety of the neighborhood surrounding the area • Mr Lynch discusses there is flaw within condition 32 by Zoning Board of Appeals, LSP would let a driveway be put over contaminated soil check with the Division of Public Works, the Conservation Commission should talk to Town Counsel also Mr McDonough discusses the Conservation Commission would require 4 copies of the soil management plan • A motion to grant the request for a continuance was made by Ms Feltovic, seconded by Mr Lynch • Vote unanimous 3 242-1464, 350 Winthrop Avenue (R. M. D Properties, Inc. & Delta, Delta Realty Trust)(Merrimack Engineering Services, Inc.) • The applicant James Lamp, P E of J Engineering & Development Consultants and Stephen E Stapmski P L S of Merrimack Engineering Services, Inc • Ms Feltovic read the legal notice • Administrator presents the proposed project is a loading dock and storage at the rear of Market Basket within existing pavement resource areas are buffer zone to Bordering Vegetated Wetland and intermittent stream and Bordering Land Subject to Flooding • Ms Feltovic discusses their needs to be an O & M plan on this to clean up the area • Mr Mabon discusses there should be and fence installed along the back of the building to keep the trash out of the resource areas • Mr Lamp discusses the 25-foot No-Disturbance zone is within pavement • Mr Mabon discuses there should be some signage with in this area because the area is so disturbed for may years No Snow Stockpiling Signs and No-Salt and wetland makers on the fence is installed around the back to protect the resource areas • Mr Lamp discusses a fence may be knocked down because the tracker trailer trucks deliveries are done thru the back of the property • Mr Lynch discusses the under ground utilities needs to be shown on the plans • Mr Mabon discusses the fencing can be brought inside the utilities pole so there would be room for the trucks to pass thru the back without hitting the fencing • Administrator presents pictures to the Conservation Commission • A motion to grant the request for a continuance was made by Mr Lynch, seconded by Ms Feltovic • Vote unanimous Decision 242-1463, 40 Webster Woods Lane • Administrator presents the conditions bond set at 1,500, environmental monitor, haybales silt fence for erosion controls • A motion to grant the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Napoli • Vote unanimous A motion to grant to adjourn the meeting at: 10:15 PM was made by Mr. Lynch, seconded by Mr. Napoli. Vote unanimous. 4