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HomeMy WebLinkAboutCCMeetingMinutes_07.27.11 Conservation Commission Meeting Minutes July 27, 2011 Members Present: Louis A. Napoli, Chairman; John J. Mabon, Vice Chairman; Joseph W. Lynch, Jr.; Deborah A. Feltovic; Albert P. Manzi, Jr. (arrived at 8:20 pm); Sean F. McDonough (arrived at 7:19 pm); Douglas W. Saal. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Heidi M. Gaffney, Conservation Field Inspector, Donna M. Wedge, Conservation Secretary and Corey Lynch intern with the Conservation Department. Pledge of Allegiance Meeting came to Order at: 7:05PM Quorum Present. General Business Approval of Minutes - 6/22/11 A motion to approve the minutes of 6/22/11 as drafted is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous. 242-1447, Modification Request, 2357 Turnpike (Valley Realty Development, LLC) (cont. from 6/22/11) Anthony Mesiti and Simon Ackerman of Mesiti Development are present. The administrator reviews the letter from Eggleston Environmental and states that the main concern discussed in the letter is that there is less than one foot of free-board on Ponds 1, 3 and 4. The Commission reviews the letter from Eggleston Environmental. The Commission discusses the fact that the as-built plans will need to be certified. Mr. Lynch states that eventually the plans for Phases I, II and III will need to be certified. Mr. Napoli discusses that they can start working on building #23 and can do the needed foundation repairs for buildings #25, #26 and #27 and states that the Conservation Commission needs a certified as-built plan from either GZA or Merrimack Engineering Services, Inc. Discussion ensues regarding the detention ponds, the letter from Eggleston Environmental and allowing work to continue on building #23. A motion to allow work to continue on building #23 and to allow the foundation repairs on buildings 25, 26 and 27 is made by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous. The applicant requests a continuance to allow time for Eggleston Environmental to review the proposed modifications and to address the concerns of the letter from Eggleston Environmental dated 7/26/11. A motion to grant the request for a continuance to August 10, 2011 meeting made by Ms. Feltovic, seconded by Mr. Mabon. Vote unanimous. (Mr. McDonough abstained) Document: Letter from Eggleston Environmental dated 7/26/11. o 242-1467, Modification Request, 1275 Turnpike Street (Boston Hill Development, LLC) (Marchionda & Associates, L. P.) Paul Marchionda of Marchionda & Associates, L. P. presents the modification request. The administrator states that the main change is only to modify the entrance to one central entrance to the building rather than two entrances as shown on the original plans. She states that she has reviewed the changes with developer and believes they have very little impact on the resources areas. Mr. Mabon asks about the public parking for walking the trails in this area to access the conservation land. Mr. Marchionda states that the parking is not changing. Mr. McDonough states that since the parking lot is not changing he is comfortable with the modification request. Mr. Marchionda asks about the permit extension Act and asks the commission to validate the extension with regard to this project. The commission and the administrator discuss the handling of the permit extension act and how it applies. A motion to grant the minor modification is made by Mr. Lynch, seconded by Mr. Mabon. Vote unanimous. Documents: Letter from Marchionda Associates, L. P. dated 7/19/11, o Plan for Modification showing minor changes dated 6/30/11, o Email from Paul Marchionda to Eggleston Environmental dated 7/7/11, o Email from Eggleston Environmental to Jennifer Hughes dated 7/14/11. o 242-1478, Modification Request, 1503 Osgood Street (Hera Development Corporation) (Wetlands Preservation, Inc.) Geoff Andrews of Wetlands Preservation, Inc. is present. The administrator states that the applicant has resubmitted the email from MHF that was reviewed at the last meeting. She reviews the history of the project and summarizes the previous meeting. Mr. Andrews states that the soils were compacted and that he viewed the compaction occurring but that he can only speak to the fact that it was done. He discusses the fill material and that it has been holding well during the recent rain events. Mr. Lynch discusses the compaction reports. Mr. Saal discusses the slope and asks for the plan that shows the detail of the slope construction. He states that the original engineer should take a look at it. Mr. Andrews and Mr. Lynch discuss the letter from MHF. The Commission discusses their concerns and how to proceed. The Commission discusses seizing the bond to hire their own technical engineer to determine how the slope needs to be fixed. Mr. Lynch discusses seizing the bond and holding it in abeyance for two weeks to allow the applicant time to hire an engineer, stabilize the slope and submit a new construction sequence. Mr. McDonough makes a motion to begin the process of seizing the bond. Mr. Lynch would like to order them to stabilize the slope or the bond will be seized. The Commission discusses hiring a third party engineer to review the slope. Mr. Manzi discusses the process of seizing the bond and that it takes a fair amount of time which may result in the slope remaining unstabilized during the fall rains. The Commission discusses issuing a new cease and desist for all work except for the stabilization of the slope. The administrator states that the fine is $4,500 as of today. A motion to deny the modification is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. A motion to issue a new enforcement order to require a plan to stabilize the existing slope by August 5, 2011, that the applicant bring their engineer back on board, that the slope be certified and that a plan to permanently stabilize the slope be prepared (peer review to be required) is made by Mr. McDonough, seconded by Mr. Lynch. Vote unanimous. A motion to initiate the seizure of the bond for continued non-compliance and to stabilize the slope and the site is made by Mr. Manzi, seconded by Ms. Feltovic. Documents: Letter requesting a modification from Hera Development dated 7/20/11. o 242-1497, Modification Request, 64 Empire Drive (Lot 16) (Orchard Village, LLC) (Christiansen & Sergi, Inc.) The applicant Robert Messina of Orchard Village, LLC is present. The administrator states the applicant wishes to build a different style house the lot. It results in an increase in impervious area and is slightly closer to the BVW and an intermittent stream. Christiansen & Sergi have done the stormwater calculations and they are in you packets. All work remains outside the wall that delineates the No-Disturbance zone on the lot. There is very little clearance between the house and the wall, however the original proposal was also very close. Mr. Manzi asks about the stormwater numbers. A discussion of the stormwater calculations ensues. There is a discussion of setback distances A motion to approve the modification is made by Mr. Manzi, seconded by Mr. Lynch. Vote unanimous. Documents: Memorandum letter including the stormwater calculations from Christiansen & o Sergi, Inc. dated 7/20/2011 Site Modification Plan for 64 Empir o prepared by Christiansen & Sergi, Inc. dated 7/13/11. 242-1488, COC Request, 63 Empire Drive (Lot 23) (Orchard Village, LLC) (Christiansen & Sergi, Inc.) The applicant Robert Messina of Orchard Village, LLC is present. The field inspector states the house has been constructed in compliance with the Order of Conditions. The driveway and walkway are slightly smaller than proposed the site stable and the affidavit has been received. A motion to grant the COC and release the bond is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Documents: A copy of first page recording of the Order of Conditions at the Registry of Deeds, o WPA Form 8A-Request for Certificate of Compliance, o Conservation As-Built Plan for 63 Empire Drive, North Andover, o Mass. dated 7/22/11. 242-1487, COC Request, 80 Empire Drive (Lot 17) (Orchard Village, LLC) (Christiansen & Sergi, Inc.) The applicant Robert Messina of Orchard Village, LLC is present. The field inspector states the house has been constructed in compliance with the Order of Conditions. The deck is smaller than proposed and a bulkhead was constructed which was an in house modification approval. The driveway is slightly wider than proposed, but appears to be a result of an error on the proposed plan where the driveway was drawn incorrectly. The wetland markers have put up on the post-rail fence along the 25-foot No-Disturbance zone, and affidavit has been received. A motion to grant the COC and release the bond is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. Discussion of moving contaminated soils. Soils going to Haverhill. Documents: Copy of first page of the Order of Conditions with recoding at the Registry of Deeds, o WPA Form 8A-Request for Certificate of Compliance, o Conservation As-Built Plan for 80 Empire Drive, North Andover, o dated 7/22/11. 242-1401, COC Request, 495 Forest Street (Lot 2) (RLP Corporation) (Pennoni Associates, Inc.) The field inspector states that the applicant is requesting a continuance in order to further stabilize the constructed swale, remove erosion controls and review the requirements of the settlement agreement. A motion to grant the request for a continuance to the August 10, 2011 meeting is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: Letter from Pennoni Associates, Inc. dated 7/13/11 o WPA Form 8A-Request for Certificate of Compliance o -Built Conditions Plan o 11/23/10, revised 7/25/11. 242-1426, COC Request, 114 Boxford Street (Hardacre) (Benjamin C. Osgood, Jr., P. E.) The applicant Robert C. Hardacre of 114 Boxford Street is present. The administrator states that the addition was constructed in compliance with the Order of Conditions. The stairs to the deck were reoriented but farther from the resource area. The proposed pool, garage and driveway extension were not constructed. The pavement to be removed was not removed. The wetland markers are in place and the site is stable. A motion to grant the COC and release the bond made by Mr. Manzi, seconded by Mr. Saal. Vote unanimous. Documents: Letter from Benjamin C. Osgood, Jr. dated 7/11/11, o As-Built Plan 114 Boxford Street, North Andover, MA, Assessors Map o dated 7/11/11. Violation 58 Salem Street (Request to cont. to 8/10/11) The administrator states that a family emergency prevents the homeowner from attending and is requesting a continuance. A motion to grant the request for a continuance to the August 10, 2011 meeting is made by Mr. McDonough, seconded by Ms. Feltovic. Vote unanimous. No recess Public Hearings: 8:45 P. M. Notice of Intent (NOI) 242-1523, 273 Berry Street (Quimby) (Christiansen & Sergi, Inc.) (cont. from 7/13/11) The administrator states that the revised delineation and the discovery of a vernal pool on site has necessitated changes to the plan. I do not believe a house can be built on this site outside of setbacks to the vernal pool. The applicants are going to seek a Zoning Board of Appeals variance to move the house closer to the street and are requesting a continuance to the August 10, 2011 meeting. A motion to grant the request for continuance to the August 10, 2011 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. 242-1480, 14 Lorraine Avenue (Breenmore Realty Trust) (The Neve-Morin Group, Inc.) (cont. from 4/13/11) (Request to cont. to 11/16/11) The administrator states that he applicant is requesting a continuance to the November 16, 2011 meeting to allow time for the applicant to explore all options before this is possibly within drawn. A motion to grant the request for a continuance to the November 16, 2011 meeting is made by Ms. Feltovic, seconded by Mr. Manzi. Vote unanimous. 242-1504, 140 Academy Road (Patenaude) (Andover Consultants, Inc.) (cont. from 7/13/11) The applicant Thomas Patenaude and James Fairweather of Andover Consultants, Inc. are present. The administrator briefly reviews the project. Mr. Fairweather presents the project. Mr. Lynch states that the culvert discharge would need to be slowed down to stop erosion as the water leaves the site. Mr. Manzi states that the hearing should stay open until after the Planning Board decision. The applicant requests a continuance. A motion to grant the request for a continuance to the August 10, 2011 meeting is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Plan o Inc., dated 11/10/10, revised 7/26/11 242-1524, 240 Charles Street (Greater Lawrence Sanitary District) (SEA Consultants, Inc.) Richard Hogan and Richard Weare of Greater Lawrence Sanitary District, Mark Thomson of SEA Consultants, Inc. and Mary Rimmer of Rimmer Environmental Consulting, LLC are present. Mr. Saal reads the legal notice. Richard Hogan presents the project and discusses the need for the new force main. The administrator states some of the force main will travel through town owned land under care custody and control of the commission. She states that she has contacted Town Counsel to find out what the commission needs to do to allow this if you are inclined. Ms. Rimmer states that the project is exempt from the Riverfront and also qualifies for limited project status. The applicant has been in discussion with Natural Heritage and does not anticipate any issues. Richard Weare and Mark Thompson present the alternatives and discuss how the proposed route was chosen. Discussion of impacts and restoration. Mr. Thompson discusses construction methodology The applicant requests a continuance to the August 24, 2011 meeting. A motion to grant the request for a continuance to the August 24, 2011 meeting is made by Mr. Lynch, seconded by Mr. McDonough. Vote unanimous. Documents: Completed WPA Form 3-Notice of Intent and associated documents o Wetland Fee Transmittal form, o The o o Modifications7/2011. 242-1525, 67 & 68 Millpond (Millpond Homeowners Association c/o Great North Property Management) (Pennoni Associates, Inc.) Benjamin C. Osgood, Jr., of Pennoni Associates, Inc and abutter Richard T. Nawrocki of 9 Millpond are present. Ms. Feltovic reads the legal notice. The administrator states the proposal is for installation of a trench drain, two yard drains and replacement of an existing pipe. The pipe is within bordering vegetated wetland and all of work is within Riverfront Area. Mr. Osgood presents the project. The administrator asks about the possibility of installing a swale instead of the pipe. The Commission discusses the project and the need for an alternatives analysis. Mr. Osgood requests a continuance to the August 10, 2011 meeting. A motion to grant the request for a continuance to the August 10, 2011 meeting is made by Mr. Lynch, seconded by Ms. Feltovic. Vote unanimous. Documents: Completed WPA Form 3 - Notice of Intent and associated documents o Drainage Improvement Plan o Pennoni Associates, Inc., dated 7/14/11. 242-1519, 1-120 Millpond Townhouses (Verizon) (Resource Control Associates, Inc.) (cont. from 7/13/11) The applicant Robert Coulter of Verizon, and Robert Atwood of Resource Control Associates, Inc. are present. The administrator reviews the changes to the project. Mr. Atwood discusses the proposed changes. The commission discusses erosion control. The administrator states that the fines need to be discussed before this can close and states that the Enforcement Order was received by Verizon on May 2 and the Notice of Intent was submitted May 19, 2011. That is 13 business days that they were fined $300 per day for a total of $3,900. The Conservation Commission discusses the fine amount. Mr. Coulter proposes to reduce the fine to a total of 5 days. Mr. Lynch proposes to reduce the fine to $2,000. The commission agrees with the suggestion to reduce the fine to $2,000. A motion to grant the reduction of the fine to $2,000 is made by Mr. Lynch, seconded by Mr. McDonough. Vote unanimous. A motion to close the public hearing and issue a decision within 21 days is made by Mr. Manzi, seconded by Ms. Feltovic. Vote unanimous. Documents: o Thompson Farland Professional Engineers/Land Surveyors, dated July 1, 2011, revised July 15, 2011. Request for Determination of Applicability General Permit (Verizon) (Resource Control Associates, Inc.) (cont. from 7/13/11) The applicant Robert Coulter of Verizon, and Robert Atwood of Resource Control Associates, Inc. are present. The administrator states that the applicant will be filing a Notice of Intent and will likely withdraw the RDA. The applicant requests a continuance. A motion to grant the request for a continuance to the August 10, 2011 meeting made by Mr. McDonough, seconded by Mr. Lynch. Vote unanimous. Decisions 242-1513, 1600 Osgood Street/285 Holt Road The administrator reviews the drafted OOC with the Commission. Amend Condition #40 to reflect the streets associated with this project. o Leave the bond amount as drafted o A motion to accept the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Mr. McDonough. 242-1519, 1-120 Millpond Townhouses The administrator reviews the drafted OOC with the Commission. Add a condition regarding the EO having been satisfied and add findings of fact. o The commission discusses the waivers. o Condition #38 correct the street names. o Bond to be set at $500. o Monitoring to be once during work and once after work is completed. o . As-built plans are not necessary o A motion to accept the Order of Conditions as drafted and amended is made by Joseph Lynch, seconded by Deborah Feltovic Confirm Emergency Certificate for Beaver dam breach and culvert fencing (Foster Street Manzi) Mr. Manzi left the meeting room The administrator states that the Board of Health issued a 10-day emergency permit for a flooded agricultural field and an emergency certificate was issued to allow the work to be done in the stream. Mike Callahan of Beaver Solutions will do the work. A motion to confirm the Emergency Certificate is made by Mr. Mabon and seconded by Ms. Feltovic. Vote unanimous. Mr. Manzi returned to the meeting room A motion to adjourn the meeting at: 10:45 P. M. is made by Mr. Mabon, seconded by Ms. Feltovic. Vote unanimous.