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HomeMy WebLinkAbout2007-11-28 Conservation Commission Minutes e Conservation Commission Meeting Minutes November 28,2007 a Members Present: Albert P Manzi, Jr , Chairman, Joseph W Lynch, Jr, John J Mabon, Deborah A Feltovic, Sean F McDonough, Louis A Napoli Member Absent: Scott L Masse, Vice Chairman Staff Members Present: Alison E McKay, Conservation Administrator, Donna M Wedge, Conservation Secretary Staff Member Absent: Pamela A Merrill, Conservation Associate Deborah A. Feltovic arrived at the meeting at: 7:45 P. M. Albert P. Manzi, Jr., Chairman left the meeting at: 9:35 P. M. Meeting came to Order at: 7:10 P. M. Quorum Present. Pledge of Allegiance General Business December Meeting Schedule Reminder Ms McKay stated the dates in December are 51" and 19" of 2007 Half-Mile Hill Survey Letter. Mr Manzi stated I would like to set up a survey letter to go out all the hunters that hunted this area how many wildlife species did the hunters see when they were hunting in the area Hawks, Owls, Deer any other species this information can be sent to Massachusetts Wildlife program so they can track the wildlife within the state Discussion about change being done with the Associate position. Mr Manzi stated I have been working with Curt Bellavance Community Development Director discussing changing the description of the job to Field Inspector, Open Space, and Trials coordinator and Field Inspection for COC Request and PCOC Request, wetland delineation areas for pre-construction meetings and post construction meetings, checking wetland flagging in areas Mr Manzi stated we need to set up a subcommittee for review and written ideas from all the members of Conservation Commission Mr Manzi stated Mr Bellavance would be going before the Selectman to get job as By-Law position Subcommittee Members would be Mr Manzi, Mr Mabon, and Mr McDonough, Ms McKay, and Mr Bellavance We need to get the exact amount of pay and step in the By-Law position and would have to be appropriated from the filing fee account 1 2008 Meeting Schedule Mr Manzi stated this schedule is fine if we have amend dates during the year the Conservation Commission has that authority to change dates as needed 242-1407, Lot 4N-A, Turnpike Berry Street (One Hundred Fourteen Trust) No one was present Ms McKay stated an appeal to DEP and appeal to the ByLaw was sent to the Conservation Department for the bond the way the applicant wants to post surety bond not a cash bond Mr Manzi stated there would be no action taken on this project because of the appeal in court 242-1367, COC Request,31 Court Street (Castricone)(Giles Surveying) No one was present Mr Manzi stated the Administrator did not look at the site so this would be continue December 5, 2007 meeting for the Administrator to do site inspection A motion to continue to December 5, 2007 meeting was made by Mr Napoli, seconded Mr Lynch Unanimous 242-1289, COC Request, 1491 Turnpike Street (Kiesel)(New England Engineering Services, Inc. Ben Osgood, Jr , of New England Engineering Services, Inc was present Mr Osgood stated the planting plan with talking with Pamela Merrill there was not many plants to plant so the homeowner planted 3 high bush blueberry shrubs along the back side retaining wall, upgradient from the wetland boundary as compensation for 1 white pine These shrubs have continued to do well In addition, the area between the limit of work and retaining wall has not been maintained since the system was installed As a result this area has reverted back to its natural state The retaining wall acts as a barrier, which will prevent from encroachment Mr Osgood stated the 2 years monitoring reports should be waived because the applicant is trying to sell her house so we are asking a waiver for the monitoring for 2 years Mr Manzi stated we could do a post compliance for the plantings requirement Ms McKay has to do field visit before COC would be issued A motion to continue to December 5, 2007 meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous A motion to go into recess at 7:50 P. M was made by Mr. Lynch, seconded by Mr. Napoli. Unanimous. Public Hearings at: 8:05 P. M. Notice of Intent (s) 242-1398, 575 Osgood Street (Edgewood Retirement Community, Inc.)(Christiansen & Sergi, Inc.)(cont. from 11/14/07) The applicant's lawyer Robert W Lavoie of Devine Millimet Attorneys at Law and Dennis Ingram of Lmbeck and John Fisher of Lmbeck and Philip Christiansen of Christiansen& Sergi, Inc Anthony Capachietti of Christiansen& Sergi, Inc was present Ms McKay stated the applicant has made revisions to proposed project and has changed engineers Christiansen& Sergi, Inc With that, revisions to drainage and stormwater management have occurred Escrow was paid to Lisa in full for previous reviews with remaining balance returned to the applicant 2 escrow was posted for additional review The project is scheduled for the December 41h Planning Board meeting and the December 181h Zoning Board of Appeals meeting Lisa Eggleston submitted I" stormwater review yesterday The Trustees of Reservation I believed would like to review the project as well and have not yet received or reviewed the revised plans to date Staff has not completed full review A meeting is set up for tomorrow at the Community Development Office with the applicant, engineer' s and Lisa Eggleston to further discuss drainage concerns Mr Manzi stated Open Space that the Conservation Commission owns and have a contract with a farmer from Haverhill to mow the field the gate we installed 20-feet wide so the roadway would need to accommodate the access for some large mowing equipment to access the property Mr Lynch stated the overlay of the culvert driveway replaced O & M plan revised on site drainage channel Mr McDonough stated alternative analysis for the whole project be outside of the 50-foot No-Build zone Mr Manzi asked any abutters present none A motion to continue to December 19, 2007 meeting was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1401, Lot 2 Forest Street(Plasinski)(Professional Land Service Services)(cont. from 11/14/07)(Reguest to coat to 12/19/07) No one was present Natural Heritage review has not yet been completed finalized, the applicant is requesting a continuance to meeting of 12/19/07 A motion to continue to December 19, 2007 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1417,357 Dale Street(McCarthy)(New England Engineering Services, Inc.)(cont. from 11/14/07) The applicant Frederick McCarthy and Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms McKay stated the additional enhancement plantings were added to the revised plan The additional flags reviewed and approved DEP had no comments The applicant paid the additional local fee The revised plans were submitted showing revised erosion controls for the razing of the existing single-family dwelling and around the existing paved driveway in the event that the applicant chooses to remove the driveway or pool or both The notes were also added to the plan for erosion controls and an additional note indicating, the property owner may undertake the removal and disposal of the existing asphalt Disposal of asphalt will be done on site in the foundation hole of the existing dwelling, which is to be razed The disposal of asphalt will be done on site in the foundation hole of the existing dwelling, which would be razed The disposal of asphalt on site is allowed by DEP regulation 310 CMR 10 05 (3)(e) Additional buffer enhancement plantings consisting of a hedge row of Spruce, Pine and Hemlock was added along the 25-foot No-Disturbance zone top act as a physical barrier in addition to 8 planting 1 maple, 2 oak, and 5 Highbush Blueberry within the maintained lawn area 25' no-disturbance zone behind the existing basketball court A motion to close and issue a decision within 21 days was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1418, Lot 4 Granville Lane (Farr)(New England Engineering Services, Inc.) The applicants George Farr, Sr and George Farr, Jr and Ben Osgood, Jr , of New England Engineering Services, and Abutters Mr Darrin Manke of 75 Granville Lane, Mr & Mrs Janos Mako of 62 Granville Lane were present Mr McDonough read the legal notice Mr Lynch stated the catch basin and headwall town owned you need to address this to see if there is easement for the Town of North Andover Department of Public Works Ms McKay stated the 1 Sr disturbance relates to the excavated foundation hole on the site and spoil piles associated with 3 disturbance relates to the excavated foundation hole on the site and spoil piles associated with that hole within the no-disturb zone and the first step in preparing the site would remove the spoil piles and fill existing foundation hole, resulting in approximately 1300 s f of temporary alteration of the no-disturb zone The 2nd area of the no-disturbance is associated with the need to install and extend a perimeter foundation dram to the subdivision drainage system, which would temporarily disturb 250 s f of no-disturbance area The applicant's representative states that the only drain available is the swale located on the east side of the property To obtain that required grade at the outlet of the foundation drain, a 10-foot wide area of no-disturb would be disturbed for the pipe to be installed This disturbed area is also considered bank The applicant states that the proposed disturbances will not adversely affect the ability of the buffer zone to provide wildlife habitat and protect the interest of the bylaw Mr Mabon stated are there going any deck, patio has to be outside of 50-No-Build zone Mr Osgood stated 8 six-inch trees cut down and 20 1 to 2 inch saplings to be cut down Mr Manke of 75 Granville Lane stated I do not want to have water flowing within my yard and flooding my cellar this could be possibility Mr Manzi stated Mr Manke you could hire your own wetland scientist or your own engineer to check if the house would be built with out causing flooding in you cellar you have to hire someone right away Mr Lynch stated there could be installation foundation drainage system that would solve some of the water flow problems for the abutters the rest of the water runoff would be absorbed thru lawn and grassed areas on the property They also could install gutters to catch some more of the water runoff single-family dwelling state exempt for best management practice stormwater management program The Conservation Commission would require revised plans to be submitted by the December 12, 2007 A motion to continue to December 19, 2007 meeting was made by Ms Feltovic, seconded by Mr Napoli Unanimous A motion to adjourn the meeting at: 9.50 P. M. was made by Mr. McDonough seconded by Mr. Mahon. Unanimous. 4