HomeMy WebLinkAbout2007-08-08 Conservation Commission Minutes 1
Conservation Commission Meeting Minutes
August 8,2007
Members Present: Scott L Masse, Chairman, Joseph W Lynch, Jr , John J Mabon, Sean F
McDonough, Louis A Napoli
Members Absent: Albert P Manzi, Jr, Vice Chairman, Deborah A Feltovic
Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill,
Conservation Associate, Donna M Wedge, Conservation Secretary
Meeting came to Order at: 7:10 P. M. Quorum Present.
Pledge of Allegiance
General Business
242-1377,Modification Request, 95 Old Cart Way (Murtha)(Giles Surveving)(cont. from
7/25/07)
The applicant Thomas Murtha and Scott Giles of Giles Surveying was present Ms McKay
stated the revised plans were submitted showed a revised wall detail as requested filter size of
boulders Mr Napoli stated the fence behind the wall Mr Giles yes the fence is behind the wall
Mr Lynch stated we just want to make sure the silt would not be moving down the slope I am
fine with this plan Mr Giles stated the boulder wall would hold back the clay A motion to issue
the modification was made by Mr Mabon, seconded by Mr Napoli Unanimous
242-679, COC Request, 1070 Osgood Street(Beaumont& Campbell)(The Neve-Morin
Group, Inc.)
No one was present Ms Merrill stated in 1993,the NACC issued an Order of Conditions for
construction of a restaurant within the Buffer Zone to a Bordering Vegetated Wetland The
project was appealed and upheld by the Planning Board In 1996, the NACC denied the
applicant's 1-year extension request because of incomplete work grading and leveling that led to
damage of the resource area, which required them to re-file a new Notice of Intent No other
work was conducted under this Order The Neve-Morin Group is requesting a COC for this
Order Mr Lynch stated the owner was Thomas Neve and his father I think they still own the
property A motion to continue to August 22, 2007 meeting was made by Mr Napoli, seconded
by Mr Lynch Unanimous
242-1080, COC Reguest, 1070 Osgood Street (Beaumont& Campbell)(The Neve-Morin
Group, Inc.
No one was present Ms Merrill stated the Order of Conditions was issued in July of 2001 for
installation of water and sewer line from 1060 Osgood Street, along the shoulder of Route 125 to
new building A $2000 performance bond was posted The Neve-Morin was designated
Environmental Monitor and reports were submitted to this department All disturbed areas are
stable with no erosion As-built plans were submitted and are consistent with the most recent
approved plan Mr Masse stated do some research with the other filings and make there are no
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outstanding violations A motion to continue to August 22, 2007 meeting was made by Mr
Lynch, seconded by Mr Napoli Unanimous
242-1368, COC Reguest, 115 Peachtree Lane (Kamieneski)(Giles Surveying)
The applicant Mr Scott Kamieneski and Scott Giles of Giles Surveying was present Ms Merrill
stated the Order of Conditions was issued in October 2006 for construction of a basketball court
within the Buffer Zone to a Bordering Vegetated Wetland The court was placed further from the
wetland than originally proposed and portions of the court area located outside the buffer zone
All disturbed areas have been stabilized adequately and there is no threat for erosion The
measurements were confirmed in the field A motion to issue the COC and release the bond was
made by Mr Mabon, seconded by Mr Lynch Unanimous
242-1263, COC Request, 85 Fla2shin Drive (Lyons)(Giles Surveying)
The applicant Mr Paul Wescott of Eighty Five Flagship, LLC and Scott Giles of Giles
Surveying was present Ms Merrill stated the Order of Conditions was issued to allow the
property owner to conduct stormwater maintenance and pavement activities within the Buffer
Zone to a Bordering Vegetated Wetland The wetland restoration was included in this permit for
pervious unauthorized work The mitigation activities took place in the summer of 2005 and all
shrubs have successfully survived 2 full growing seasons Richelle Denney monitored the plants
and seasonal reports were submitted to this office The majority of the work was completed
during summer of 2005 with remaining work wrapping up during July 2006 The parking lot and
drainage swale was free of sand and sediment when the COC inspection was conducted Mr
Napoli stated the area is flat Ms Merrill stated yes A motion to issue the COC and release the
bond was made by Mr Lynch, seconded by Mr Napoli Unanimous
Mr. Sean McDonough arrived at the meeting at: 7:30 P. M.
NACC#27, Modification Request, 80 Holly Ridge Road (Marroni)(Merrimack Enizineerine
Services, Inc.)
The applicant Mrs Kimberly Marrom was present Ms Merrill stated an Order of Conditions
was issued April of 2007 for the construction of a pool, patio, shed and retaining walls within the
Buffer Zone to an Isolated Vegetated Wetland The work activities commenced in early summer
However, due to multiple construction errors made by the contractor, gunite pool was installed
10"to high, resulting in the patio being 2" above the sill The contractor made other
discrepancies The applicant will be removing the pool, so that it can be installed properly The
applicant is seeking a modification to approved plan to include the relocation of the pool and
retaining walls by approximately 13' In addition, a larger deck will replace the aggregate patio
and the pool shed will move approximately I I' The applicants also wish to construct a 2 V x 6'
addition, however only 33 s f of the addition would encroach into the Buffer Zone Mr Lynch
stated the debris would be removed off site correct Mrs Marrom stated yes the material being
removed would remove of site A motion to issue the modification was made by Mr Mabon,
seconded by Mr Napoli Mr McDonough abstained from voting Vote 4 to 1
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242-1383, COC Request, 101 Granville Lane (Donovan)(The Neve-Morin Group, Inc.)
No one was present Ms Merrill stated the Order of Conditions was issued in April of 2007 for
the placement of an above ground pool and deck within the Buffer Zone to a Bordering
Vegetated Wetland The installation of the pool took approximately 2 days and little disturbance
was created All areas have been stabilized and or landscaped Measurements were confirmed
during COC inspection A motion to issue the COC and release the bond was by Mr Mabon,
seconded by Mr Lynch Unanimous
Enforcement Order Ratification
Nan' s Trail
Ms Merrill stated I did not bring the Enforcement Order with me
22 Woodlea Road
Ms McKay stated removed swing set, mulch and shed outside of the 25-foot No-Disturbance
zone, restoration area and installation of a boulder wall work must be completed by September 7,
2007 If not completed by September 8, 2007 fines would be set at $100 per day until site is
brought up compliance and call Conservation Administrator for site visit to make sure the site is
in compliance
Decision
242-1402, 45 Hollow Tree Lane
Ms McKay stated the bond amount set at $500, no machinery would be used sono tubes would
be hand dug, soil stockpiling would be outside of the 25-foot No-Disturbance zone, but the soil
stockpiling area would along the existing tree line as far as I know no trees would be cut down,
the house was built in 1977 when North Andover Wetlands Protection Bylaw was not the same
back then basically no protection back then, the wetland markers are up from previous filing for
septic replacement A motion to accept the Order of Conditions as amended was made by Mr
Lynch, seconded by Mr Napoli Mr Masse opposed Vote 4 to 1
No Recess
Public Hearing: 8:05 P. M.
Notice of Intent (s)
242-1394, 89 Milk Street (Highview, LLC)(Merrimack Engineering Services, Inc.)(cont.
from 7/25/07)
The applicant Robert Ahern of Highview, LLC and Michael Seekamp of Seekamp
Environmental Consulting, Thomas Hughes of Hughes Environmental and Abutters Mr & Mrs
Martin of 50 Chestnut Street, Mr Peter Tomasz of 69 Milk Street was present Ms McKay
stated the revised plans submitted to satisfy Conservation Commission and abutters concerns
The plans depict 14" or greater caliper trees along the proposed driveway, a shift of the utilities
within the driveway to avoid disturbance to larger trees when trenching, clarification of the swale
and flow within the swale on lot#40-1A, the addition of a 25 L F of infiltration trench on lot
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#40-1A, a foundation drain, the addition of flag change, and a note outlining the areas to be held
as a No-Build Covenant Soil tests pits conducted in the location of proposed leach pit meets the
2' separation from even high ground water Mr Hughes asked if any trees would cut done The
applicant stated there would be know trees cut down A motion to close and issue a decision
within 21 days was made by Mr Lynch, seconded by Mr Napoli Unanimous
242-1397, 350 Holt Road (Crusader Paper Company)(New England Engineering Services,
Inc.)(cont. from 7/25/07)(Reguest to cont. to 8/22/07)
No one was present A motion to continue to August 22, 2007 meeting was made by Mr Mabon,
seconded by Mr Napoli Unanimous
242-1401, Lot 2 Forest Street (Plasinski)(Professional Land Services)(cont. from
6/13/07)(Reguest to 9/12/07)
No one was present A motion to continue to August 22, 2007 meeting was made by Mr Mabon,
seconded by Mr Lynch Unanimous
242-1399, Berry Street (Stack)(Christiansen & Sergi,Inc.)(cont. from 6/27/07)(Reguest to
cont. to 8/22/07)
No one was present A motion to continue to August 22, 2007 meeting was made by Mr Mabon,
seconded by Mr Mabon, seconded by Mr Napoli Unanimous
242-1406_,New England Power Company right-of-way-easement (New England Power
Company)(cont. from 7/25/07)(Reguest to cont. 8/22/07)
No one was present A motion to continue to August 22, 2007 meeting was made by Mr Mabon,
seconded by Mr Napoli Unanimous
2_42-1.358, 2009 Salem Street (Richards)(Merrimack Engineering Services, Inc.)(cont. from
4/11/07)
No one was present A motion to accept the withdraw without prejudice was made by Mr
Lynch, seconded by Mr Napoli Unanimous
242-1405, 655 South Bradford Street (Swartz)(New England Engineering Services,
Inc.)(cont. from 7/25/07)
No one was present Ms McKay stated DEP issue number, still under review an additional flag
was hung in the field and approved as requested A motion to continue to August 22, 2007
meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous
242-1404,210 Holt Road (TBI, Inc,)(Brown & Caldwell)(cont. from 7/25/07)(Reguest to
cont. to 8/22/07)
No one was present Ms McKay stated the escrow for third party stormwater management
review has been posted Comments from DEP relative to drainage and O & M Plan A motion to
continue to August 22, 2007 meeting was made by Mr Lynch, seconded by Mr Napoli
Unanimous
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242-1407, Lot4N Turnpike Street, Lot 1N, Lot 2N, & 3N Berry Street (Utilities)(One
Hundred Fourteen Trust)(Patrick C. Garner Company, Inc,)
The applicant Mr Peter Hingoram of One Hundred Fourteen Trust, Donald Borenstee Lawyer
for applicant and Patrick C Garner of Garner Company, Inc was present Mr Mabon read the
legal notice Ms McKay stated filing is for installation of water and sewer utilities and
reforestation activities within the Buffer Zone to a Bordering Vegetated Wetland and within
Bordering Vegetated Wetland Mr Lynch stated I have never seen this presented to the Zoning
Board of Appeals number one we require Professional Engineer stamp on Conservation
Commission plans for this size of a project The Town of North Andover should never accept the
water and sewer line in this area because high ground water within the area I would be calling
the Department of Public works to check if this story is true or false A motion to continue to
August 22, 2007 meeting waiting for results of Zoning Board of Appeals was made by Mr
Lynch, seconded by Mr Napoli Mr McDonough an abutter Vote 4 to 1
242-1410,Lot 1N Berry Street (One Hundred Fourteen Trust)(Patrick C. Garner
Company, Inc.)
The applicant Mr Peter Hmgoram of One Hundred Fourteen Trust, Donald Borenstem Lawyer
for applicant, and Patrick C Garner of Garner Company, Inc was present Mr Mabon read the
legal notice Ms McKay stated the area is within Natural Heritage Endangered Species the
applicant would have to adhere to their rules and regulations A motion to continue to August 22,
2007 meeting waiting for results of Zoning Board of Appeals was made by Mr Lynch, seconded
by Mr Napoli Mr McDonough an abutter Vote 4 to 1
242-1409, Lot 2N Berry Street (One Hundred Fourteen Trust)(Patrick C. Garner
Company, Inc.)
The applicant Mr Peter Hmgoram of One Hundred Fourteen Trust, Donald Borenstem Lawyer
for the applicant, and Patrick C Garner of Garner Company, Inc was present Mr Mabon read
the legal notice Ms McKay stated the filing is within Natural Heritage Endangered Species the
applicant would have to adhere to their rules and regulations A motion to continue to August 22,
2007 meeting waiting for results of the Zoning Boards of Appeals was made by Mr Lynch,
seconded by Mr Napoli Mr McDonough an abutter Vote 4 to 1
242-1408, Lot 3N Berry Street(One Hundred Fourteen Trust)(Patrick C. Garner
Company, Inc.)
The applicant Mr Peter Hmgoram of One Hundred Fourteen Trust, Donald Borenstem lawyer
for the applicant, and Patrick C Garner of Garner Company, Inc was present Mr Mabon read
the legal notice Ms McKay stated the filing is within Natural Heritage Endangered Species the
applicant would have to adhere to their rules and regulations A motion to continue to August 22,
2007 meeting waiting for the results of the Zoning Boards of Appeal was made by Mr Lynch,
seconded by Mr Napoli Mr McDonough an abutter Vote 4 to 1
A motion to adjourn the meeting at: 9:30 P. M. was made by Mr. Lynch, seconded by Mr.
Napoli. Unanimous.
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