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HomeMy WebLinkAbout2007-08-22 Conservation Commission Minutes i Conservation Commission Meeting Minutes August 22,2007 Members Present: Scott L Masse, Chairman, Albert P Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr , Deborah A Feltovic, Louis A Napoli Members Absent: John J Mabon, Sean F McDonough Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Drake Lucas of Eagle Tribune was present at the meeting. Meeting came to Order at: 7:06 P. M. Quorum Present. Pledge of Allegiance General Business Chairman Election A motion to accept Albert P Manzi, Jr as Chairman was made by Mr Masse, seconded by Ms Feltovic Unanimous A motion to accept Scott L Masse, as Vice Chairman was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-679, COC Request, 1070 Osgood Street (Beaumont & Campbell)(The Neve-Morin Group, Inc,)(cont. from 8/8/07) No one was present Ms Merrill stated this was continued because of the fine of$2,400 has not been paid Mr Manzi Chairman no action taken A motion to continue to September 26, 2007 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1080, COC Request, 1070 OsLyood Street(Beaumont& Campbell)(The Neve-Morin Group, Inc.)(cont. from 8/8/07) No one was present Ms Merrill stated this was continued because of the fine of$2400 has not been paid Mr Manzi, Chairman no action taken A motion to continue to September 26, 2007 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1036, COC Request, 1070 Osgood Street (Beaumont & Campbell)(The Neve-Morin Group, Inc.)(cont. from 8/8/07) No one was present Ms Merrill stated this was continued because of the fine of$2,400 has not been paid Mr Manzi, Chairman no action taken A motion to continue to September 26, 2007 meeting was made by Mr Masse, seconded by Ms Feltovic Unanimous 1 242-1333, COC Request, 790 & 800 Waverly Road (Mark Investments, Inc.)(Bohler Engineering) Mr James A Bernardino of Bohler Engineering was present Ms Merrill stated the Order of Conditions was issued in February of 2006 for construction of 2 retail buildings with associated stormwater structures, parking utilities within the Buffer Zone to a Bordering Vegetated Wetland Several single-family dwelling were demolished in order to construct the retail buildings The majority of the work is located outside of the Buffer Zone, except for detention basin#1 and landscaping A $100K performance bond was posted Norse Environmental was retained as the project's Environmental Monitor and reports were submitted throughout construction The site has been properly stabilized against any erosion and all final landscaping activities have been completed for approximately 2 months All special conditions relative to the stormwater management system, an affidavit from the assignee responsible for conducting perpetual site maintenance in accordance with the O & M Plan, and proof that the drainage system has been cleaned prior to the request for the COC As-built plans accompanied the aforementioned material and were determined to coincide with the approved plan The affidavit attached to the Order has also been submitted No issues the site looks great Mr Lynch and Mr Napoli stated the work done on this site the work was perfectly done with no post-construction runoff good job Mr Manzi stated I was out on site when heavy rain and the stormwater management system were working great A motion to issue the COC and release the bond was made by Mr Masse, seconded by Mr Lynch Unanimous Town Farm—Proposed Fields Discussion Tyler Monroe was present Mr Manzi stated you should apply for CPA money Mr Monroe stated that would take 2 years Mr Masse stated Mr Rees had talked to me on Monday and stated that Mr Terry Holland would be here to talk about the project Mr Monroe stated I am the only one with plan in hand Mr Manzi stated would have to File Notice of Intent with Conservation Commission and file with the Planning Board because the land is within the Watershed Protection District About the land being Open Space Land owned by Conservation Commission you may have to go to Town Meeting Warrant to allow fields to be built on the Open Space Land I would suggest you talk Mark Rees the Town Manager and take it from there Mr Manzi asked Drake Lucas if field was talked about at the selectman meeting she said no field talk Enforcement Order Ratification Nan's Trial Ms Merrill stated the Enforcement Order I remembered for this meeting so you can sign boardwalk by Mass Ave and Academy Road for Trustees of Reservation A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Napoli Unanimous 22 Woodlea Road Ms McKay stated the Conservation Commission just needs to ratify the enforcement order A motion to ratify the Enforcement Order was made by Mr Masse, seconded by Ms Feltovic Unanimous 2 Maintenance Plan for Locust Trail at Mazurenko Farm-Friends of North Andover Trails Dennis O' Sullivan and Thomas Powers was present The Friends of North Andover Trails has identified the Locust Trail at Mazurenko Farm Recreation Area as area's most important trails that represent the only access from Bradford Street Parking lot to adjacent town owned open parcels know as Carter Hill and Rea's Pond In a effort to keep the trails open for public's use we now propose to clear this trial from the parking lot at Bradford Street to the Ridge Trail The Locust Trail is the alternative trail to the presently impassable segment of the Meadow Trail It travels in a northerly direction parallel to Bradford Street approximately 575 feet before it enters the 25 feet No-Disturbance zone of a state regulated wetland This wetland resource is classified as a shallow marsh meadow or fen The parking lot and initial segment will require the use of power equipment in order to clear the under brush that has grown up the 25-foot No-Disturbance zone It is within the understanding that hand tools will then be used to clear the segment which travels through this sensitive area There is no intention to disrupt any of the soil within this zone Our group's purpose is to bring about safe and environmentally conscious work ethic to crossing of wetland area Volunteer workers from the group are also aware that there will be no stockpiling of brush within 100-feet of this resource area This maintenance and cleanup of the Locust Trail will allow the trail bed to dry out and become a more inviting surface to hikers as they explore the trail Our group is also in the preliminary stages of design for a future bridge crossing through the above mentioned wetland resource area To complete our objective in clearing this trial, once we pass through the 25-foot No-Disturbance zone we will the move back to the use of power tools to complete our mission by once again clearing and connecting the remainder of the Locust Trail to the Ridge Trail Upon completion of this work the entire length of the Locust Trail will be marked with new blaze markers furnished by Conservation Commission This project represents an important element to the linkage and better public access to adjacent town-owned open space It is this inherent and re-occurring theme that is part of our purpose as a group working towards improved access for the citizen of North Andover to town- owned recreation and open space Mr Manzi stated there should be a renewal every year so they can continue to clean up the trails thru out the Town of North Andover Ms Merrill stated that there is maintenance on Mazurenko Farm was done by Richard Doucette extensive study in 1990, 1991, and 1992 Mr Manzi stated there was burn control plan before us before the fire chief retired I think this would be good for Mazurenko Farm also A motion to ratify the Enforcement Order was made by Mr Masse, seconded by Ms Feltovic Unanimous Pamela A. Merrill left the meeting at: 8:00 P. M. No Recess Public Hearings: 8:00 P. M. 242-1403, 22 Woodlea Road (Garcia)(New England Engineering Services, Inc.)(cont. from 7/25/07 The applicant Eugene Garcia and Ben Osgood, Jr , of New England Engineering Services, Inc was present Mr Manzi stated the applicant is here now there was requirement of installing a stonewall or extensive dense plantings what do you want to do here Mr Garcia plantings or stonewall to be in compliance Mr Garcia stated a stonewall would cost $6,000 dollars that is not in my budget I think would go with the dense plantings to be in compliance Mr Lynch stated 3 we could fine him from 2003 to 2007 but the dense plantings would bring in compliance to Enforcement Order back September of 2003 Mr Manzi stated we are just trying to help the applicant to be in compliance Mr Manzi stated we would be waiving the fines if work would done before September 26, 2007 A motion to continue to September 12, 2007 meeting was made by Ms Feltovic, seconded by Mr Masse Unanimous 242-1405, 655 South Bradford Street (Swartz)(New England Engineering Services, Inc.)(cont. from 7/25/07) Ben Osgood, Jr , of New England Engineering was present Ms McKay stated we were just waiting for DEP comments I talked Heidi Davis of DEP she was on vacation for 2 weeks she had no problems with the project A motion to close and issue a decision within 21 days was made by Ms Feltovic, 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. 9/12/07) Ben Osgood, Jr , of New England Engineering Services, Inc was present A motion to continue to September 12, 2007 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1399, Lot 3 Berry Street(Stack)(Christiansen & Sergi)(cont. from 6/27/07) Phil Christiansen of Christiansen& Sergi, Inc was present Mr Masse stated that he received a call from Mr Manzi, III of the Zoning Board of Appeals told me one member on Zoning Board of Appeals said they would require waiver from the Conservation Commission This is not happening giving any waivers from Conservation Commission Mr Manzi stated the Conservation Commission would not consider a waiver A motion to continue to September 12, 2007 meeting was made by Mr Masse, seconded by Mr Napoli Unanimous 242-1406,New England Power Company Right-of Way easement (New England Power- NEP)(TRC)(cont. from 7/25/07)(Reguest to cont. to 9/12/07) No one was present Ms McKay stated the applicant is requesting to continue to September 12, 2007 meeting A motion to continue to September 12, 2007 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1404, 210 Holt Road (TBI, Inc.)(Brown & Caldwell)(cont. from 7/25/07)(Reguest to cont. to 9/12/07) No one was present Ms McKay stated soil testing in the location of the proposed septic system and the proposed infiltration system is scheduled for 9/4/07 The applicant has requested a continuance to 9/12/07 A motion to continue to September 12, 2007 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1398, 575 Osgood Street (Edgewood Retirement Community, Inc.)(Nitsch Engineering)(cont. 7/25/07)(Reguest to cont. 9/12/07) The Lawyer Robert W Lavoie, and Stacey Furlong of Lmbeck and Dennis Ingram of Linbeck was present Ms McKay stated Lisa submitted a subsequent comprehensive review 7/18/07 Numerous outstanding comments issues remain A motion to continue to September 12, 2007 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 4 242-1407, Lot 4N Turnpike Street, Lot 1N,2N, & 3N Berry Street (Utilities)(One Hundred Fourteen Trust)(Patrick C, Garner Company, Inc.)(cont. from 8/8/07) The applicant Peter Hingoram of One Hundred Fourteen Trust and Patrick C Garner of Garner Company, Inc was present Ms McKay stated the sewer line is now running down Berry Street pressure sewer line and approved by Timothy Willet water and sewer of the Department of Public Works A motion to continue to September 12, 2007 meeting was made by Mr Masse, seconded by Ms Feltovic Unanimous 242-1410, Lot 1N Berry Street(One Hundred Fourteen Trust)(Patrick C. Garner Company, Inc.)(cont. from 8/8/07) The applicant Peter Hingoram of One Hundred Fourteen Trust, and Patrick C Garner of Garner Company, Inc was present A motion to continue to September 12, 2007 meeting was made by Mr Masse, seconded by Ms Feltovic Unanimous 242-1409, Lot 2N Berry Street(One Hundred Fourteen Trust)(Patrick C. Garner Company, Inc.) The applicant Peter Hingoram of One Hundred Fourteen Trust and Patrick C Garner of Garner Company, Inc was present A motion to continue to September 12, 2007 meeting was made by Mr Masse, seconded by Ms Feltovic Unanimous 242-1408,Lot 3N Berry Street (One Hundred Fourteen Trust)(Patrick C. Garner Company, Inc.)(cont. from 8/8/07) The applicant Peter Hingoram of One Hundred Fourteen Trust and Patrick C Garner of Garner Company, Inc was present A motion to continue to September 12, 2007 meeting was made by Mr Masse, seconded by Ms Feltovic Unanimous Hunting at Half Mile Hill -progress report Abutter Nancy J Melia and Mario Riccio of 523 Osgood Street and Henry Fink were present Ms McKay stated Mr Mabon, Chris Bowe and I walked the site on 8/21/07 Pat Hickory of Division of Fisheries & Wildlife the first week in September for site walk to check the site deer damaging the tree growth of leaves foliage shrubs and soil testing will also be performed in this area Mr Manzi stated Mr Mabon is not here tonight he handling the this part of the report I am handling the safety factor in hunting on this project so this would be continued September 12 meeting Mr Manzi stated from a standing building you have to be 500-feet and you aim away from the standing building private property you can post sign no hunting but municipal land you do not have to post signs no hunting The Police Department would handle any complaints from the public The subcommittee would have a draft recommendation either on September 12, or September 26 This also was a continued hearing Decisions 242-1394, 89 Milk Street Ms McKay stated the bond amount set at $10,000, interim as-built plan, 242-1305 superceded by 242-1394, staked foundations, dewatering, include peer reviews within the order, 2 x 2 dry set stone wall, no trees being cut down, wetland markers,pre-construction and post-construction A 5 motion to accept the Order of Conditions as-drafted was made by Mr Masse, seconded by Ms Feltovic Unanimous 242-1405, 655 South Bradford Street Ms McKay stated bond amount set at $500, install wall first before extending the lawn area A motion to accept the Order of Conditions as-drafted was made by Mr Masse, seconded by Ms Feltovic Unanimous A motion to adjourn the meeting at: 9:30 P. M.was made by Mr. Lynch, seconded by Ms. Feltovic. Unanimous. 6