HomeMy WebLinkAbout2008-06-25 Conservation Commission Minutes Conservation Commission Meeting Minutes
June 25, 2008
Members Present: John J Mabon, Chairman, Sean F McDonough Vice Chairman, Deborah A
Feltovic, Louis A Napoli, Scott L Masse
Members Absent: Albert P Manzi, Joseph W Lynch
Staff Members Present: Jennifer A Hughes, Conservation Administrator, Donna M Wedge,
Conservation Secretary
Scott L. Masse arrive at the meeting at: 8:20 P. M.
Meeting came to Order at: 7:10 P. M. Quorum Present.
Pledge of Allegiance
General Business
242-1,354, COC Request, 10 Inglewood Street(Xenakis)(John F. Mcouilkin, P. E.)(cont.
from 6/11/08)
The applicant Mathew Xenakis and John Xenakis and John F McQuilkin P E was present Mr
McQuilkin stated the infiltrators were installed differ from the approved plan but the infiltrator
was installed different because the house only one story house not two story there stone apron 14
cubic s f in the back yard Mr Mabon stated Mr Lynch is not at this meeting and he was the
member that had concerns so we should continue this discussion to the next meeting There is
cutting behind the wall that needs to stop that is resource area Mr McDonough stated the
infiltrator deviation this would a modification after the fact Mr Xenakis the dumping area has
been there for long time the neighborhood dumping ground The applicant would work by hand
cleaning up the all the dumping over the years There should be no dumping signs installed in
this area Also wetland markers should be installed along the wetland line for warning do not
throw any trash within the resource area A motion to continue to July 9, 2008 meeting was made
by Ms Feltovic, seconded by Mr Napoli Unanimous
242-1052, COC Request, 492 Sutton Street (Curley Construction)(Christiansen & Sergi,
Inc.)(Request to cont. to 7/9/08)
No one was present No action No Quorum Mr Napoli left the room an abutter
242-1371, COC Recluest, 140 Marian Drive (Tilley)(Merrimack Engineering Services, Inc.)
The applicant Mr Kenneth Tilley was present Ms Hughes states the site was inspected markers
were on the trees, site stable and visible parts of the system are constructed in accordance with
the as-built plan system installed slightly farther away by 3-feet The erosion controls have been
removed A motion to issue the COC and release the bond was made by Ms Feltovic, seconded
by Mr Napoli Unanimous
242-1307, COC Request, 144 Thistle Road (Lot 34)(Munroe)(New England Engineering
Services, Inc.)
No one was present Ms Hughes states all structures are built according to the as-built plan and
site is stable The stonewall is properly located and markers are in place The special condition
#63 states buffer zone enhancement plantings may be required The access to wetlands to west of
the house is difficult There is mix of white pine, oak and Highbush blueberry in this area There
is area replication area to the south of the stonewall that was part of the Subdivision filing Mr
McDonough stated you did measure the line to stonewall Ms Hughes stated yes I measured in
the field from stonewall to the wetland area measured 56-feet away A motion to issue the COC
and release the bond was made by Ms Feltovic, seconded by Mr Napoli Unanimous
242-1363, COC Reguest, 1150 Salem Street (Farr)(New England Engineering Services,
Inc.
No one was present Mr West inspected the site stable no issues A motion to issue the COC and
release the bond was made by Ms Feltovic, seconded by Mr Napoli Unanimous
242-1250, Modification Request, Adams Avenue(DPW)(Weston & Sampson Engineers,
Inc.
No one was present Ms Hughes states I met with Gene Willis Town Engineer at the site The
blueberry bushes planted last year are well established and thriving I will inspect them again
when we receive a COC request and will recommend cessation of monitoring if they continue to
thrive The modification also seeks to define berming required by the Order of Conditions As
proposed, a Cape Code berm and sidewalk will be constructed on the south side of the road
Department of Public Works proposes under the modification to use spill berming on the south
side Both Cape Code berms and spill berms can be displaced by plows If either is displaced,
erosion along the roadway may occur All drainage will now flow into constructed catch basins
at the end of the road rather than sheet flow into the stream as it did in the past A motion to
accept the modification Condition#37 to remove the requirement of monitory for 2 years
Conservation Staff will do and Condition#58 to remove the requirement of installation
bituminous berm along roadside edges was made by Ms Feltovic, seconded by Mr Napoli
Unanimous
Small Project
NACC#41280 Candlestick Road
No one was present Mr McDonough stated this a 4 4 2B in kind replacement Ms Hughes
states Mr West reviewed the wetland line and inspected the site The proposal is to decrease the
size of the existing deck and relocate stairs The result is an improvement over existing
conditions all work being done by hand soil stockpiling left side of the house A motion to ratify
this as a small project 4 4 2B was made by Mr McDonough, seconded by Ms Feltovic
Unanimous A motion with conditions to require wetland markers, soil stockpiling to left side of
the house, material left over removed off property was made by Mr McDonough, seconded by
Ms Feltovic Unanimous
2
Enforcement Order Updates
Ms Hughes states in the future I will require appropriate flings i e small project, RDA,NOI for
activities commenced without one These Enforcement Orders were issued with requirements for
restoration plans and that is what I have worked on with the Homeowners
60 Raleigh Tavern Lane
Chris Paquette of C Parks, Inc was present Ms Hughes states Chris Paquette has submitted
drawings on previously surveyed plans of the property Mr West confirmed the wetland
boundary in the field The lot slopes gently toward an existing stonewall and the resource area
The plan shows planting of the entire 25-foot No-Disturbance zone although there are sections
that were not disturbed I recommend that you approve the planting plan as submitted and allow
me to confirm field location of the plants with the applicant and his representative Vegetation is
proposed to prevent incursion into the resource areas If a physical barrier is required, I
recommend post and rail fence, as there is rock wall several feet off of the wetland line Markers
should also be placed every 20-30 feet along the 25-foot No-Disturbance zone This work should
be completed as soon as possible to stabilize the site and to avoid planting in the driest summer
weather If planting does not occur within the next two weeks, daily watering should be required
The Enforcement Order should not be lifted for at one year to be sure site is stabilized and the
restoration is successful
642 Turnpike Street (Update)
Ms Hughes states the property owner submitted a draft restoration plan after the last meeting
did not have the resource areas located on the plan I asked that he hire a surveyor
865 Great Pond Road
Ms Hughes states I met with the property owner Mr Jose Baez, on site He previously cut 4
dead trees along ponded edge of wetland on his property I have drafted a letter to Mr Jose Baez
in your packets requiring the he remove the three smaller diameter trees and the associated
branches from the resource area as required in the issued Enforcement Order No construction
vehicles are to be used in this process The fourth tree, a very large diameter oak, should be left
in the pond swamp for wildlife habitat value, turtle basking, breeding and nesting habitat The
removal of this tree would result in more disturbance than leaving it in place This property has
been historically mowed to the edge of the resource area in several locations The letter requires
that Mr Jose Baez place markers on the three trees in 25-foot No-Disturbance zone to prevent
further cutting in this area This work is to be completed by second week of August A motion to
accept the letter as written was made by Ms Feltovic, seconded by Mr Napoli Unanimous
Enforcement Order Ratification
Friends of North Andover Trails (Annual Vegetated Management Plan)(cont from 5/28/08)
The applicants Dennis 0' Sullivan and Thomas Powers, members of the Friends of North
Andover Trails was present Ms Hughes states the copies of the plans and maps were corrected
Mr Napoli stated the Shawsheen River map looks fine now Mr Manzi stated the Town Farm
map looks fine now A motion to ratify the Enforcement Order was made by Ms Feltovic,
seconded by Mr Masse Unanimous
3
No Recess
Public Hearings: 8:25 P. M.
Request for Determination of Applicability
RDA 480 Rea Street(Romano)
The applicant Mr Richard Romano was present Ms Hughes states I met with Mr Romano in
the office and on-site to help him develop an acceptable plan and filing Initial dealings with Mr
Romano were stained due to a miscommunication with the Building Department that resulted in
a stop work order from them The plans show partially constructed deck, fully constructed stairs
retaining wall most of the wall was existing, only the stair section was new, and the disturbed
area of vegetation The previous order of conditions designated a 50' No-Disturbance area, a
portion of which has been cut Revegetation of the disturbed area is proposed I recommend
markers be placed on trees along 50' no-disturbance zone A stonewall in this location would
result in 2 walls within 30-feet of each other All construction is located outside 60-feet No
Construction zone with the exception of a driveway resurfacing I recommend a negative#3
finding with a condition that makers be used to monument the 50-foot No-Disturbance zone A
motion to issue a negative determination#3 was made by Ms Feltovic, seconded by Mr Napoli
Unanimous
Notice of Intent (s)
242-1428, Lot4N-A, Turnpike Street (Merrimack Condominiums)(One Hundred Fourteen
Trust)(Patrick C. Garner Company,Inc.)(cont. from 5/28/08)(Reguest to cont. to 7/9/08)
No one was present Ms Hughes states the applicant request to continue July 9, 2008 meeting A
motion to continue to July 9, 2008 meeting was made by Mr Masse, seconded by Ms Feltovic
Unanimous
242-1432,28 Stonewedge Circle (Sullivan)(Eugene T. Sullivan Consulting Engineers,
Inc.)(cont. from 6/11/08)
The applicant Eugene T Sullivan of Consulting Engineers Inc was present Ms Hughes states
the wetland line was survey located on the property and reviewed by LEC with one flag change
I am satisfied with the wetland line and recommend closing hearing The Commission requested
I draft the order of conditions for the meeting in anticipation of it being closed The conditions
are before you tonight A motion to close and issue a decision within to 21 days was made by
Ms Feltovic, seconded by Mr Napoli Unanimous
242-1434, 991 Johnson Street (DeMatteo)(New England Engineering Services,Inc.)
Ben Osgood, Jr of New England Engineering Services, Inc was present Mr Masse read the
legal notice Ms Hughes states I confirmed the wetland line in field and recommend closing the
hearing issuing a decision within 21 days A motion to close and issue a decision within 21 days
was made by Mr McDonough, seconded by Ms Feltovic Unanimous
4
r '
242-1435, 69 Oakes Drive (Carev)(New England Engineering Services, Inc.)
Ben Osgood, Jr of New England Engineering Services, Inc and Abutters Mr Santo Bonaccorso
of 68 Cricket Lane and Mr Warren Markowsky of 67 Cricket Lane was present Mr Masse read
the legal notice Ms Hughes states I reviewed the wetland boundary with the property owner
The wetland is larger that delineated I informed Ben Osgood, Jr and asked that he accompany
Mr West to the site He was not available to do this and Mr West expanded the delineation and
placed new flags in the field Mr Bonaccorso of 68 Cricket Lane states since they built that
house at 70 Oakes Drive there has been water problems on our properties Ms Hughes states the
wetland resource area has increased in size therefore this has to be delineated by Mr West to the
south side of the house the A series flags A motion to continue to July 9, 2008 meeting was
made by Mr McDonough, seconded by Ms Feltovic Unanimous
242-1427, 3 Boxford Street, 116 Ogunquit Road,Water Line (Breen)(The Neve-Morin
Group,Inc.)(cont. from 6/11/08)(Reguest to cont. to 7/9/08)
No one was present A motion to continue to July 9, 2008 meeting was made by Ms Feltovic,
seconded by Mr Masse Unanimous
Decisions
242-1427,300 Webster Woods Road
Ms Hughes states the bond amount set at. $2,000, condition# 70 requires a cartridge filter
system no back backwashing and pool chemicals stored outside 50-foot No-build zone A motion
to accept the Order of Conditions as drafted was made by Mr Masse, seconded by Ms Feltovic
Unanimous
242-1430, 859 Winter Street
Ms Hughes states the bond amount set at $1,000, environmental monitor, condition#46 requires
steel plate over drainage pipe for construction vehicles access A motion to accept the Order of
Conditions as amended was made by Ms Feltovic, seconded by Mr Masse Unanimous
242-1432, 28 Stonewedge Circle
Ms Hughes states bond amount set at$500 A motion to accept the Order of Conditions as
drafted was made by Mr McDonough, seconded by Ms Feltovic Unanimous
242-1399 Berry Street
Ms Hughes states letter to address changes required to the original as a result of the
modification These include allowing construction within the 50-foot No-Build zone and a
requirement to notify Natural Heritage Endangered Species Protection of the project
modification The letter marled today after review by Mr Mahon and Mr Masse
Consultation
242-1230, 60 Saville Street (Lot 3)
Ms Hughes states Mr West brought this before you previously There is a stonewall on the
property 45' from the resource area The owner would like to put a swing set behind the wall but
outside the 25-foot No-Disturbance zone He would need to clear the area vegetation and would
5
replace it with wood chips or similar surface This raises two issues 1) is swing set a structure per
the bylaw and 2) Is the Commission open to allowing clearing beyond the stonewall established
to deter incursions into the resource areas9 The applicant also wishes to provide an opening in
the wall for his children to pass through but could access the structure at the end of the stonewall
at the property line see as-built plan If the answer is yes, I would recommend a small project
filing The Conservation Commission reviewed the copies of the as-built plan and they said this
wall is right at 25-foot No-disturbance zone Mr Napoli stated this wall is right on the 25-foot
No- Disturbance zone no work can be done within this area at all
A motion to adjourn the meeting at: 10:15 P. M. was made by Mr. Masse,seconded by Ms.
Feltovic. Unanimous.
6