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Home My WebLink About2007-05-23 Conservation Commission Minutes c Conservation Commission Meeting Minutes May 23, 2007 Members Present: Scott L Masse, Chairman, Albert P Manzi, Jr , Vice Chairman, Deborah A Feltovic, and Sean F McDonough Members Absent: John J Mabon, Louis A Napoli, and Joseph W Lynch, Jr Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 8:00 P. M. Quorum Present. Pledge of Allegiance General Business 242-1323, COC Request, 990 Forest Street (Foraste')(Damour Surveying) The applicant Michael Foraste' was present Ms Merrill stated the Order of Conditions was issued in 2005 for construction of a 16x22' deck within the Buffer Zone to a Bordering Vegetated Wetland The North Andover Conservation Commission approved the deck to be cantilevered into the 50-foot No-Build zone, so as long as the sonotubes did not encroach into the setback This was confirmed on a site visit and the as built Mr McDonough stated you measured the sonotubes in the field Ms Merrill stated yes I did take measurements in this area is fine no encroachment into the 50-foot No-Build zone with the sonotubes A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Manzi Unanimous 242-1390, 210 Holt Road (Thomson)(Brown and Caldwell) Ms McKay stated the Conservation Commission needs to vote set up $286 86 more to pay Seekamp Environmental Consultants for the review of the wetland line A motion set up escrow for additional $286 86 to pay the balance of wetland line review was made by Mr Manzi, seconded by Ms Feltovic Unanimous No Recess Public Hearings: 8:06 P. M. Request for Determination of Applicability 47 Penni Lane (Bogosian)(New England Engineering Services,Inc.) Ben Osgood, Jr , of New England Engineering Services, Inc was present Mr McDonough read the legal notice Ms Merrill stated the RDA is filed for the upgrade of a septic system within the Buffer Zone to a Bordering Vegetated Wetland The majority of the system is located outside of the Buffer Zone Only the abandonment of the existing system and the installation of the 1500- gallon tank will be placed within the Buffer Zone approximately from wetland resource area at the closest point 87-feet away The wetland line was reviewed and approved by this department 1 The site is not within estimated habitat or priority habitat Mr McDonough questioned how far is the septic tank from the wetland resource area Ms Merrill stated at the closest point 55-feet away from the wetland resource area A motion to issue a negative determination with conditions was made by Mr Manzi, seconded by Ms Feltovic Unanimous Notice of Intent (s) 242-1382, 1820-1830 Turnpike Street (GFM General Contracting Corp.)(Epsilon Associates,Inc.)(cont. from 3/28/07) Julie Vondrak of Epsilon Associates, Inc , James MacDowell of Eastern Land Survey Associates, Inc was present Ms McKay stated the building is now configured of a trapezoidal shape rather than rectangular and is larger than previously proposed requiring additional parking was 98, now 113+handicap spaces The building is now to have a full basement with 23 parking spaces to be contained within the basement The driveway connection to Berry Street just northwest of the building has been eliminated and a connection to the adjacent parking lot at 1812 Turnpike Street provided both changes are outside of the Buffer Zone The parking area in front of the building has been modified such that about 450 square feet less paved surface is proposed in the buffer zone The parking lot to the right east of the building has been modified such that about 1,600 square feet less impervious surface is proposed in the buffer zone The grading to the right of the building has been modified as a result of the garage-parking proposal such that 180 linear feet of retaining wall is no longer proposed in the buffer zone The recharge area C, which was originally proposed to the right east of the building, has been eliminated in favor of new recharge area D to the north of the building, outside of the buffer zone Lisa has completed her first review dated 5/21/07 and included in packets the items area straightforward and nothing that could not be worked out Mr McDonough stated there should be a fence included because of trash blowing around the parking lot, also include an alternative analysis being within the 25-foot No- Disturbance zone and within the 50-foot No-Build zone Mrs Vondrak stated there is mitigation plan for planting for the work within 50-foot No-build zone and the 25-foot No-Disturbance zone A motion to continue to June 13, 2007 meeting was made by Ms Feltovic, seconded by Mr Manzi Unanimous 242-1391, 1077 Osgood Street(Angus Realty Corporation)(Lynnfield Engineering, Inc.)(cont. from 5/9/07)(Reguest to cont. to 6/13/07) Abutter Frank Ragonese of 1939 Great Pond Road was present Ms McKay stated the applicant request to continue to June 13, 2007 meeting A motion to continue to June 13, 2007 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1397,350 Holt Road (Crusader Paper Company)(New England Engineering Services, Inc.)(cont. from 4/11/07)(Reguest to cont. to 6/13/07) Ben Osgood, Jr , of New England Engineering Services Inc was present Ms McKay stated at the meeting of 4/11/07, the Commission request escrow to be posted in the amount of$1,000 for outside stormwater review The Planning Board has issued a decision for the project Escrow has been posted Lisa has submitted initial review included in packets Lisa is in opinion that since the project is a commercial project subject to Conservation Commission jurisdiction, and does not meet the criteria for a redevelopment project no net increase in impervious area, the project is fully subject to the stormwater management policy and flood storage standards of the Bylaw and 2 the WPA and Stormwater Management Policy She states that this has been addressed in either the Notice of Intent or in the design A motion to continue to June 13, 2007 meeting was made by Ms Feltovic, seconded by Mr McDonough Unanimous 242-1385,2009 Salem Street (Juniper Woods Realty Trust)(Merrimack Engineering Services, Inc.)(cont. from 4/11/07)(Request to cont. to 6/27/07) No one was present Ms McKay stated the applicant request to continue to June 27, 2007 meeting A motion to continue to June 27, 2007 meeting was made by Ms Feltovic, seconded by Mr Manzi Unanimous 242-1392, 812 Salem Street (Carroll)(Merrimack Engineering Services, Inc.)(cont. from 5/9/07) The applicant John Carroll and John Murphy of Merrimack Engineering Services, Inc was present No Quorum continued to June 13, 2007 meeting 242-1398, 575 Osgood Street (Edgewood Retirement Community, Inc.)(Nitsch Engineering)(cont. from 5/9/07) Steve Ventresca of Nrtsch Engineering and Sandy Brock of Nrtsch Engineering, Curt Young of Wetland Preservation, Inc and Dennis Ingram of Linbeck Group was present Ms McKay stated the staff has not analyzed locations for where physical barriers along the 25-foot No-Disturbance zone may be appropriate The escrow has been posted DEP had lengthy comments An alternative analysis has not been submitted to date, however plans have been revised to shift the roadway so that there would be less impact to adjacent resource area moved outside of the 50- foot No-Build zone and the 25-foot No-Disturbance as suggested at the last meeting A landscaping plan has not been submitted and should incorporate additional restoration mitigation of the 25-foot No-Disturbance zone now that roadway has been shifted Lisa Eggleston has received the project information and has indicated the she can handle a full stormwater review including review of the proposed Bioretention areas A motion to continue to June 13, 2007 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1399, Lot 3 Berry Street (Stack)(Christiansen & Sergi, Inc.) Phil Christiansen of Christiansen& Sergi, Inc was present Mr McDonough read legal notice Ms McKay stated the wetland line was reviewed with Leah Basbanes this past Monday 5/21/07 and significant revisions were made to the plan Waiting for revised plans Additional fees may be required for installation the well (WPA Cat 3 e— 10 53 (3) (o) The facts in regards to the wetland impacts issues should be confused with any prior difficulties the applicant may have had in obtaining other permits and site issues, nor should these real wetland issues impacts be interpreted as a nightmare of bureaucratic indifference, red tape and discrimination Assessors information indicates that the property is listed under code 132—Residential—UDV—Land undevelopable I have obvious concerns with project as proposed Still under review by DEP Brief history denial 242-378 A motion to set-up escrow account for outside consultant in the amount of 1,000 to review the wetland line was made by Mr Manzi, seconded by Ms Feltovic 3 to 1 vote A motion to continue to June 13, 2007 meeting was made by Ms Feltovic, seconded by Mr Manzi 3 to 1 vote 3 A motion to adjourn the meeting at: 9:05 P. M. was made by Ms. Feltovic, seconded by Mr. McDonough. Unanimous. 4