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HomeMy WebLinkAbout2008-10-08 Conservation Commission Minutes �0 Conservation Commission Meeting Minutes October 8, 2008 Members Present: John J Mabon, Chairman, Joseph W Lynch, Jr, Deborah A Feltovic, Louis A Napoli Members Absent: Albert P Manzi, Jr , Scott L Masse, Sean F McDonough, Vice Chairman Staff Members Present: Jennifer A Hughes, Conservation Administrator, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:45 P. M. Quorum Present. Pledge of Allegiance General Business 242-784, PCOC Request, at Abbott Village Estates (North Andover Land Corp.)(Hayes Engineering, Inc.)(Request to cont. to 10/22/08) Peter Ogren of Hayes Engineering and Ben Osgood, Jr of New England Engineering Services, Inc were present Mr Ogren presents as-built information on detention basins Some basins were built smaller than proposed Mr Ogren states stormwater calculations will need to be run on hydro-cad which was used for the original drainage analysis Mr Osgood states that all houses were built with dry wells sized for the I 00-year storm Mr Lynch states the commission would usually do a total review of the drainage with Lisa Eggleston before closing out subdivisions but because this was done by Coler& Colantonio, Inc , Mr Ogren will need to review the as-built drainage with John Chessia Mr Osgood states the ponds were built approximately 4% smaller but they still handle the I 00-year storm and he has inspected them in heavy rainstorms A motion to continue October 22, 2008 meeting was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1382, 1820-1830 Turnpike Street(GFM General Contracting)(Eastern Land Survey Associates,Inc.) The applicant Mr Gino Fodera of GFM General Contracting and James H MacDowell of Eastern Land Survey Associates, Inc were present Ms Hughes states the environmental monitor immediately reported the violation to the commission and the applicant is fully aware you may require him to remove the wall and stairs Mr MacDowell states the retaining wall has been constructed but the proposed dumpster pad has not been built yet Mr Lynch states the commission does not allow dumpsters to be placed in locations close to resource areas The dumpster will need to remain in its proposed location The Conservation Commission will allow the wall and stairs to remain as constructed but will require mitigation plantings A planting plan shall be submitted before a modification is issued A motion to continue to November 5, 2008 was made by Ms Feltovic, seconded by Mr Napoli Unanimous 1 242-1345, COC Reguest, 1915 Great Pond Road (Lot 1)(Pelich)(New England Engineering Services,Inc.) Ben Osgood, Jr of New England Engineering Services, Inc was present Mr Osgood explained differences between the as-built plan and the proposed These included differences in detention pond construction, swale construction, amount of impervious area and landscaping Mr Lynch stated the swale was to be grass not a sand and the applicant would have to install a grass swale in this area to stabilize the site Mr Mabon states this would be standard modification requirement Ms Hughes states the applicant lengthened the stonewall which does provide additional protection to the resource area A motion to continue to October 22, 2008 meeting require grass swale be installed was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1327, Modification Request, Route 125 Hillside Road (Barbaro)(MAHighway Department) The applicant Mr Robert Boone of MA Highway Department was present Mr Boone states the resident on Hillside Road has pending within his lawn area primarily during the 25/30 year storm events MA Highway would like to install a French dram within the existing swale to stop the pending to be able to dram some of the water off his property Mr Boone states MAHighway has an easement on half of the swale This makes it difficult to correct the drainage because MA Highway cannot enter on private property to continue the drainage improvement Mr Boone states he spoke with DPW and they did not work out anything regarding drainage with the homeowner Mr Lynch states that high groundwater in the area and the fact that the drainage will not extend the length of the swale makes it unlikely this solution will work Mr Lynch would states there is insufficient documentation to support function the design Ms Hughes and Mr Napoli had previously visited the site Ms Hughes states she disagrees with VHB that this is not a wetland resource area The NACC discusses alternatives to the current proposal A motion to deny the modification was made by Mr Lynch, seconded by Mr Napoli 3 to 1 vote Ms Feltovic was for the modification Small Project NACC#46,57 Olympic Lane No one was present Ms Hughes states the applicant requests a continuance to October 22, 2008 meeting A motion to continue the October 22, 2008 meeting was made by Ms Feltovic, seconded by Mr Napoli Unanimous Enforcement Order Ratification 242-1052, 492 Sutton Street (Curley Construction)(Christiansen & Sergi, Inc.) Mr Napoli left the room due to a conflict of interest Mr Mabon states there is no quorum to vote but discussion is acceptable The applicant Mrs Carole Glanquitto was present Ms Hughes states the applicant is currently being fined $300 per day as of October 2, 2008 She also states that the applicant continues to progress toward compliance with the approved plan and recommends suspension of the fines and another 30 day period to complete the work Fines accrued to date should be paid amount $2,100 dollars Mr Lynch indicates hw would be inclined to waive fines if work continues to progress Mr Mabon, Ms Feltovic, Mr Lynch stated to stop the fines as off October 8, 2008 Mr. Napoli returned to the meeting. 2 865 Great Pond Road, (Baez) No one was present Ms Hughes states the outstanding items are very minor and can be addressed without fines or enforcement action at this time 25 Mill Road, (Russo) No one was present Ms Hughes inspected the site prior to the meeting and the yard waste has been removed 242-1169,2357 Turnpike Street (Valley Realty Development)(Merrimack Engineering Services, Inc.) The applicant Anthony Mesiti and Jim Buchannan of Mesiti Development Corporation and Steve Stapinski of Merrimack Engineering Services, Inc were present Mr Stapinski presents proposed changes to the plan Mr Lynch states that an expired OOC cannot be modified and the applicant should a new Notice of Intent for the back lots that have not been completed and should submit built-plans of the completed work Mr Buchannan states the foundations, roadway and utilities already have been installed Mr Stapinski requests an Enforcement Order to finish the outstanding construction Mr Lynch states an Enforcement Order could only be issued for buildings where no changes are proposed He notes Building 21 now proposes a pool be installed and that this cannot occur without filing a new Notice of Intent If an EO is issued, the applicant must give the NACC a list of the building numbers that would require framing only Mr Stapinski states because people request 1$k floor bedroom suites the builder has to change some of the building footprints This makes the units more marketable Mr Mahon states the applicant would have to file a Notice of Intent for any proposed changes to the buildings The NACC requires all construction vehicles to work from existing pavement A motion to issue an Enforcement Order to allow framing of building with no size changes only was made by Ms Feltovic, seconded by Mr Napoli Unanimous Recess 5 minutes Public Hearings: 9:50 P. M. Notice of Intent(s) 242-1441, 154 Main Street(Bank of America)(Cavanaro Consulting, Inc.) The applicant Tina Daigle of Bank of America and Michael Joyce of Cavanaro Consulting, Inc Abutters Present George Peters & Joanne Peters & Carol Ryan of Rennie's Florist of 6-8 Water Street were present Ms Feltovic read the legal notice Mr Joyce states additional handicap and regular parking is needed The drive thru window will be eliminated and a pedestrian walkway would be added for safety Mr Lynch states the site would have to be posted as for no snow stockpiling Snow would need to be trucked off site Ms Hughes states she has reviewed and approved the wetland delineation Mr Joyce states erosion control would be installed at the base of the slope by the pond and at the limit of work on the slope Disturbed areas would be loamed and seeded immediately The project would not start until the spring of 2009 Mr Mahon recommends the retaining wall be poured concrete not versa-lock wall because of the potential for collapse The NACC discusses the different wall construction options Abutters are 3 concerned with wall appearance Mr Napoli requests the concrete wall extend vertically to the current proposed height of the guardrail Mr Lynch requests applicant to assess need for a second catch basin where only one is proposed Mrs Peters states the trash and salt and sand get all over her abutting property and the area has to be cleaned every spring The abutter recommends a stockade fence Ms Ryan states that would prevent wildlife travel around the pond Mr Lynch states need for a planting and snow management plans A motion to continue to October 22, 2008 was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1428, Lot 4N-A Turnpike Street (Merrimack Condominiums)(One Hundred Fourteen Trust)(Patrick C. Garner Company,Inc.)(cont. fro 9/24/08) The applicant Peter Hingoram of One Hundred Fourteen Trust and Donald F Borenstem, Esq , and Patrick C Garner Company, Inc were present Ms Hughes states that the development as proposed will alter BVW by removing vegetation to the edge of wetland This is likely to result in changes in plant community and species composition due to loss of shading, nutrient loading and erosion The NACC discusses the need for a consistent buffer zone to the wetland Mr Lynch recounts a similar filing approximately six years ago when the homeowner with a house built very close to a wetland area had severe insect problems in the home This was a Mr Bardwell on Jared Place The NACC discusses how proximity to wetlands might affect quality of life for future residents Mr Lynch states Zoning Board of Appeals issued their decision but the applicant may have to go back because the Conservation Commission may require the buildings be smaller in size The applicant must deal with stormwater management plan first Mr Lynch says there is a need to raise the cultec units proposed The NACC discusses the use of porous pavement and a homogeneous pavement option. A motion to continue to November 5, 2008 meeting was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1442, 350 Winthrop Ave (Exxon/Mobil Oil Corporation)(Groundwater& Environmental Services, Inc.)(cont. from 9/24/08) Ryan F Carroll of Groundwater & Environmental Services, Inc was present Mr Carrol states he has requested maintenance records for the stormwater system from the station operator The records and proof of trash removal will be supplied before an Order of Conditions is issued Ms Hughes states the plumbing inspector confirmed that floor drams are not required An inspection by the plumbing inspector would be required after the removal of the UST A motion to close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1443, Berry Street (Lot 5)(Brooks)(Merrimack Engineering Services, Inc.)(request to cant. to 10/22/08) No one was present Ms Hughes states I reviewed the wetland line and proposed changes in two areas A motion to continue to October 22, 2008 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous Decision 242-1442,350 Winthrop Avenue A motion to accept the Order of Conditions as written was made by Ms Feltovic, seconded by Mr Lynch Unanimous 4 * r A motion to adjourn the meeting at: 11:30 P. M. was made by Mr. Napoli, seconded by Ms. Feltovic. Unanimous. 5