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HomeMy WebLinkAbout2007-01-10 Conservation Commission Minutes 1 1 ' Conservation Commission Meeting Minutes January 10,2007 Members Present: Scott L Masse, Chairman, Joseph W Lynch, Jr , John J Mabon, Deborah A Feltovic, Sean F. McDonough, Louis A Napoli Member Absent: Albert P Manzi, Jr , Vice Chairman Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:15 P. M. Quorum Present. Pledge of Allegiance General Business 242-1233, COC Request, 980 Forest Street,(Davies)(Giles Surveying) The applicant Derrick Davies was present Ms Merrill stated the Order of Conditions was issued on February 5, 2004 for construction of a 24' x 24' garage addition to and existing single-family dwelling The applicant retained Steven D' Urso as the Environmental Monitor and reports were submitted during construction The wetland markers installed in the field The measurements were confirmed in the field and consistent with the approved and as-built plan A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Mabon Unanimous MACC Annual Conference Ms McKay stated the conference would be on March 3, 2007 let me know by the next meeting which classes every one would like to take and we would send this in early because they are only allowing class size of 80 people to attend the classes Budget review and discussion Ms. McKay stated with soft market there were not as many filings coming in on 2006 Mr Lynch stated we thought there would less filings coming in for 2006 we should increase the fees again Ms McKay stated to support the Associate and Administrator Assistant we would close of depleting the filing fee account I am trying to have the Town North Andover restore the Administrator Assistant to full time thru the regular budget The Conservation Commission to have representative of the Commission to contact the Town and discuss this issue Mr Masse would make a call the Mark Rees the Town Manager Zoning Board of Appeals Meeting-Merrimack Condominiums Ms. McKay stated the meeting set for Tuesday, January 23, 2007 at 7 00 P M But I have not been able to verify the time and place zoning board of appeals secretary has been out sick Mr Masse stated post a letter just in case we would have a Quorum for this filing with Zoning Board of Appeals 1 Mr. Henry Fink asked the Chairman if he could approach the podium to have a discussion with the Conservation Commission. The request was granted. Mr Fink stated when you receive Notice of Intent should be checked closely of course for fees are correct sometime the applicant does not sign the form The official form once it stamped in with the date when everything is accepted then clock starts ticking and you then you have 21 days to make a decision I know the Conservation Commission gave an extension to a filing before you now just be careful on how you deal with this filing The approval of the minutes of August 25, 2006 and September 13, 2006. A motion to approve the minutes of August 25, 2006 and September 13, 2006 was made by Mr Mabon, seconded by Ms Feltovic Recess 10 minutes. Drake Lucas of the Lawrence Eagle Tribune arrived at: 8:00 P. M. Public Hearings: 8:00 P. M. Abbreviated Notice of Resource Area Delineation 242-1380, 12 Bonny Lane(Bonny Realty Trust)(The Neve-Morin Group, Inc.) Greg Hochmuth of The Neve-Morin Group, Inc , was present Mr Mabon read the legal notice Ms McKay stated the filing is for confirmation of the wetland resource area boundaries only no work is proposed under this filing The site is within the Watershed Protection District and now before the Planning Board for Watershed Special permit for the construction of single-family dwelling with attached garage, driveway and associated utilities The wetland resource area is located off property on the abutting lot owner Famum and was delineated by Greg Hochmuth of Neve-Morin The Neve-Morin Group submitted a letter to Mr Farnum requesting permission to walk the property to approve the delineation Still under review by DEP A motion to continue to January 24, 2007 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1379, 15 Timber Lane (Johnson & Borenstein, LLC)(The Neve-Morin Group,Inc.) Greg Hochmuth of The Neve-Morin Group, Inc , was present Mr McDonough read the legal notice Ms McKay stated the filing for confirmation of wetland resource area boundaries only No work is proposed The previous ANRAD filed on 10/30/03 and ORAD issued on 1/29/04 ORAD expires the end of this month The previous Administrator noted that the delineation appears to be drainage Swale and Isolated Wetland The new delineation slightly, but not significantly different from the previous delineation The off property flags could be verified and confirmed from property boundary Therefore I am in agreement with the locations of the flags The DEP file number issued however still under review Mr Mabon stated how can we make determination if we cannot include the off property flags Mr Lynch stated I remember when this project was before us before the Commission did not include the off site flags in the ORAD I think was the flags 12 thru 5 off site Mr McDonough stated if flags change work might be done within the 50-foot No-Build zone on this property Mr Hochmuth stated the isolated wetland is over 1,000 s f which would be protected by local bylaw could not verify if vernal pool was there because of the time of year Mr Lynch stated change the flagging to only on site flags that 2 way we could approve those flags only A motion to continue to January 24, 2007 meeting for revised plans was made by Mr Lynch, seconded by Ms Feltovic Unanimous Notice of Intent(s) 242-1376, 1275 Turnpike Street-Boston Hill(Boston Hill, LLC)(Marchionda & Associates, L.P)(cont. from 12/13/06) John Barrows of Marchionda&Associates, L P , was present Ms McKay stated DEP is all set I spoke with the analyst Jill Provencal and also received and a/mail in this regard DEP does not have an issue because the new application was filed pursuant to the Bylaw since DEP does not limit on extensions Therefore, the project can stand as it is with them It is the local issue on whether the Commission will allow the new filing without Riverfront requirements In review of the project, Riverfront will not have significant impact on the project However, I would recommend that the Order should acknowledge that Riverfront standards would apply on the local level and that the project would not be exempt from Rivers Protection Act at the local level only Mr Lynch stated I do not believe their project would really effect Boston Brook a curb cut might be required by MAHighway because state roadway An Abutter Henry Fmk comments of exemptions need to be looked at very closely there should be no exemptions for any projects that are done within the Town of North Andover Mr Masse stated have them send a letter in stating their project would not affect Boston Brook The Commission asked the Administrator if the project would affect the riverfront of Boston Brook Ms McKay stated I reviewed this project I do not believe that the work they have presented would have any affect on Boston Brook A motion to continue to January 24, 2007 meeting was made by Mr Lynch, seconded by Mr Napoli Unanimous Wetland Regulation Revisions-Small Projects Mr McDonough read the legal notice Ms Merrill had told the Conservation Commission that the State of Massachusetts has applicant file Notice of Intent and RDA for septic replacements Ms Merrill stated the Board of Health bylaw requires the applicant to hire wetland scientist to flag the wetlands they want the 100-foot Buffer Zone and 75-foot local bylaw requirement Ms Merrill small project 4 4 2A replacing decks less 300 s f with hand dug holes for sono tubes verses 4 4 2D replacing a septic system is much more evasive extensive grading a lot ground disturbance this should removed from the small project list conflicts with the State of Massachusetts Laws Local bylaw cannot conflict with State of Massachusetts laws Mr McDonough stated Town Counsel reviewed the subcommittee small projects The replacement of septic should be removed from small project and added to RDA requirement if meets the 25- foot No-Disturbance zone and the 50-foot No-Build zone if not it would be Notice of Intent Mr McDonough stated the moratorium is still on for septic replacements Mr Masse stated I am voting no for Conservation Subcommittee wetland regulations review committee recommence having meeting in January Mr Masse I already talked to Town Manager Mark Rees about this A motion to continue to January 24, 2007 meeting was made by Mr McDonough, seconded by Mr Lynch 5 to 1 vote 3 A Decisions 242-1377, 95 Old Cart Way Ms McKay stated this filing is for the installation in-ground pool, patio, retaining wall, wetland flags approve on site only not off site wetland flags, bond amount set at $3,000, environmental monitor, no back wash pool waters toward the wetland resource areas, access thru driveway only A motion to accept the Order of Conditions as amended was made by Mr Mabon, seconded by Ms Feltovic Unanimous A motion to adjourn the meeting at: 9:30 P. M. was made by Mr. McDonough, seconded by Mr. Lynch. Unanimous. 4