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HomeMy WebLinkAbout2008-04-23 Conservation Commission Minutes Conservation Commission Meeting Minutes April 23, 2008 Members Present: Albert P Manzi,Jr , Chairman, Scott L Masse, Vice Chairman, Joseph W Lynch, Jr John J Mahon, Sean F McDonough Members Absent: Deborah A Feltovic, and Louis A Napoli Staff Members Present: Donna M Wedge, Conservation Secretary, and Mark West of West Environmental, Inc Meeting came to Order at: 7:14 P. M. Quorum Present. Pledge of Allegiance General Business Article V. Amend Vote Article 42-1997 Annual Town Meeting Removal of Development Restrictions on Map 64 Parcel 9, 18, 29 and 64, (Monroe)(New England Engineering Services, Inc.) Tyler Monroe, of the Soccer Association and Ben Osgood of New England Engineering Services, Inc was present Mr West stated I walked the site on April 18, 2008 with Mr Monroe The wetland delineation at the site was previously walked by Alison McKay according to Mr Monroe The plan is to build 3 fields' 14x 14 feet would be the size of the fields Mr Lynch stated we do not want to give a wrong message at Town Meeting to make sure we are not releasing the whole Parcels of our Open Space Parcel this need to be worded very carefully The Conservation Commission Open Space plan does include recreation fields within are regulations but we have to be careful of the warrant is presented at Annual Town Meeting Mr Lynch stated after Town Meeting votes the Selectman would have petition the General Court of the Commonwealth of Massachusetts that could take up to 6 months Mr Manzi stated this might not really happen till next year of 2009 242-1400, COC Request,Harold Parker Road and Middleton Street (DCR)(Vine Associates,Inc.) Joseph Halloran Department of Conservation and Recreation and Peter J Williams of Vine Associates, Inc was present Mr West stated this was for replacement of 2 culverts that were failing The site is stable from any erosion and erosion controls have been removed no issues A motion to issue the COC and release the bond was made by Mr Masse, seconded by Mr Mabon Unanimous 242-634, PCOC Request and Modification, 66 Colonial Drive (Lot 29) (Segal)(New England Engineering Services, Inc.)(cont. from 4/9/08) Ben Osgood of New England Engineering Services, Inc was present Mr West stated verified the 50' setback line on the site on April 18, 2008 The house meets the required 50-foot No- Build zone. Mr. McDonough stated are the flags still there Mr West stated the flags have studs showing this is how I could verify the 50-foot No-Build zone A motion to issue the modification 1 was made by Mr Masse, seconded by Mr Lynch Unanimous A motion to issue the PCOC was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-0057, 65 Campion Road (Lot 15)(Warlick)(Gelinas & Associates Engineers & Architect The applicants Ronald and Donna Kay Sullivan were present Mr West stated no wetlands on this site at all A motion to issue the PCOC was made by Mr Masse, seconded by Mr Mabon Unanimous 242-1279, Extension Reguest, 189 Willow Street(Chatteriee)(Joseph D. LaGrasse & Associates, Inc.)(cont. from 3/26/08) No one was present Mr West stated all the pre-construction conditions have been met The site poses no erosion A motion to remove the Enforcement Order was made by Mr Mabon, seconded by Mr Masse Unanimous A motion to issue the extension till May 4, 2009 was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-452, PCOC Reguest, 150 Christian Way (Lot 5)(Antonelli)(Atlantic En$ineerinLy & Survey Consultants, Inc.) No one was present Mr West stated the wetlands are 75-feet away the site is totally stable A motion to issue the PCOC was made by Mr Mahon, seconded by Mr Lynch Unanimous Discussion 242-784, 104 Thistle Road (Lot 37) (New England Engineering Services,Inc,) Ben Osgood of New England Engineering was present Mr Masse conflict of interest left the room Mr West stated inspected the site on April 18, 2008 with Mr Osgood The wall appears to be approximately 22' from the wetland boundary that was observed by Mr West considered the suggestion from Mr Osgood to build a picket fence just outside the 25-foot No-Disturbance zone and plant the portion of the lawn in the 25-foot No-Disturbance zone with buffer zone plants including white pine, black gum and Highbush blueberry The areas should be then left to revert to woodland also wetland makers Mr Osgood stated the new owner would have no problem fixing the problem what the Conservation Commission would require to be done Mr West stated there would be more damage to remove the wall by doing a restoration plan thru an Enforcement Order to allow work to be done on the site The Conservation Commission agreed that a planting plan would have less impact to the resource areas A motion to issue an Enforcement Order to allow work to be done on the property with a planting plan instead of removing the wall was made by Mr McDonough, seconded by Mr Mahon Unanimous No Recess Public Hearings at: 8:1.0 P. M. 2 Abbreviated Notice of Resource Area Delineation 242-1424, 673 Great Pond Road (ICB Realty Trust)(Wetlands Preservation, Inc.)(cont. from 4/9/08) Curtis Young of Wetlands Preservation, Inc was present Mr West stated revised plans were received on April 15, 2008 that reflects the changes recommended by Mark West The ORAD is attached A motion to accept the ORAD as drafted was made by Mr Mabon, seconded by Mr Masse Unanimous 242- , 1001 Turnpike Street (Orchard Village LLC)(Basbanes Wetland Consulting) Leah Basbanes of Basbanes Wetland Consulting was present Abutters present Dianna De Ossie of 835 Chestnut Street, Sara Murphy of 873 Chestnut Street, Frank Sarcia of 4 Evergreen Street was present Mr McDonough read the legal notice Mr West stated the filing is for verifying the wetland line I inspected the site on April 21, 2008 with Leah Basbanes The wetland boundaries were verified This is a disconnected drainage way that enters a 20' riprap drop just down slope of the site Mrs Basbanes stated the southwest historically cuts thru the slope-excavated area with as-fault connection to intermittent stream by Nationalgrid site There 3 catch basins on the site Mr West stated this is pretty much strait forward project The abutters are very concerned about high ground water in this area The Conservation Commission discussed about the 40B filing this is before the Zoning Broad of Appeals right now if they wanted to build any kind of building they would have to file Notice of Intent and the abutters would be notified again The Conservation Commission knows the area was old farm area farmers kind of did what they wanted back then that is why this is a disturb site A motion to continue to May 21, 2008 meeting was made by Mr Lynch, seconded by Mr Masse Unanimous Notice of Intent(s) 242-1421, Dale Street-Map 64,Lot 31 (Powderhill Development Corp.)(Marchionda & Associates LP)(cont. from 2/13/08)(Reguest to Cont. to 5/28/08) Mr Masse stated what is going on with this project we would need to have somebody to attend the next meeting to let us know what is going on with this filing has been very long time A motion to continue to May 21, 2008 meeting with requirement the applicant attend the meeting to give the Conservation Commission some information on the filing was made by Mr McDonough, seconded by Mr Mabon Unanimous 242-1401, Lot 2 Forest Street (Plisinski)(Professional Land Services, Inc.)(cont. from 3/26/08) No one was present Mr Manzi stated the Conservation Commission has been getting so many letterforms the applicant this getting ridicules with having to amendment to the settlement the Conservation Commission had signed Mr Masse stated send Thomas Urbelis a copy of the plan, which the Conservation Commission accepted on the March 26, 2008 meeting A motion to continue to May 21, 2008 meeting was made by Mr Lynch, Mr Masse Unanimous 3 NACC#39, 100 Vest Way (Stone)(New England Engineering Services,Ine.)(cont. from 4/9/08) The applicant Mr & Mrs Kenneth Stone and Ben Osgood, Jr of New England Engineering Services, Inc was present Mr West stated inspected the site on April 21, 2008 and determined the wetland identified by flag numbers B1 to B8 is a vernal pool and the edge of the pool is 15' down slope of Flags B3, B4, & B5 Mr McDonough this only 55-feet and 70-feet away from wetland resource areas was there a waiver request Mr Osgood stated no because there is no other location to put new septic system because of the ledge on the other side of the property A motion to continue to May 21, 2008 meeting was made by Mr McDonough, seconded by Mr Mabon Unanimous 242-1422, 21 High Street(RCG East Mill LLC)(Epsilon Associates,Inc.)(cont. from 4/9/08)(Reguest to cont. 5/28/08) The applicant David Steinberg of RCG East Mill LLC and Julie Vondrak of Epsilon Associates, Inc was present Mr West stated a site walk would set up with Mrs Vondrak next week A motion to continue May 21, 2008 meeting was made by Mr McDonough, seconded by Mr Mabon Unanimous 242- , 114 Boxford Street (Hardacre)(New England Engineering Services, Inc.) The applicant Robert Hardacre of the North Andover Fire Department and Ben Osgood, Jr of New England Services, Inc was present Mr McDonough read the legal notice Mr West stated he inspected the site on April 21, 2008 and verified the wetland boundary He also recommended the Ben Osgood calculate the amount of pavement to be removed vs the amount of new pavement Mr Osgood stated Richelle Denney flagged the wetland resource areas 1,500 feet of pavement would be removed A motion to continue to May 21, 2008 meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous Discussion 58 Glenwood Street (Ghamary)(Suliivan Engineering Group LLC) The applicant wants to install 5 sono tubes for the construction of a deck with stairs within the Buffer Zone to a Bordering Vegetated Wetland and within the Floodplain of the Shawsheen River The applicant does not want to file with the Conservation Commission give me some direction to deal with applicant The applicant has been coming in the office every day to see if he can solve this problem The Conservation Commission had discussion on this filing would think it would fall in the category of a small project Decisions 242-1420, 880 Great Pond Road Mr West stated the bond amount set at$5,000, environmental monitor, wetland markers, 0 & M Plan include with the Order of Conditions A motion to accept the Order of Conditions as drafted was made by Mr Masse, seconded by Mr Lynch Unanimous 4 242-1424, 673 Great Pond Road A motion to accept the ORAD as drafted was made by Mr Masse, seconded by Mr Lynch Unanimous A motion to adjourn the meeting at: 9:30 P. M. was made by Mr. Lynch, seconded by Mr. Mabon. Unanimous. 5