Conservation Meeting
Town Hall - 25 High Road
Monday, October 19, 2010 at 7:00 pm
Present: Doug Packer, Dan Streeter, Jim Cunningham, John Hartnett, Les Jones, John O’Connell
Excused: Worthen H. Taylor III
Meeting Opened: 7:03 pm
The Board reviewed the minutes of September 27, 2010 and found no errors. Mr. O’Connell made the first motion to accept and Mr. Cunningham made the second motion; all in favor.
Fred Jackman (68 Green Street) – A continued NOI for roadway maintenance, drainage, ditches, utility pole installation and wetland mitigation at the junction of Emery Lane/Plummer’s Lane/Low Street. Mr. Jackman is still in litigation with regard to this parcel and would like to continue this hearing to the next meeting date. Mr. Packer recommended that the request for continuance be granted; Mr. Jones made the first motion to accept and Mr. O’Connell made the second motion to accept; all in favor.
Michael Kellan (8 39th Street) – A continued NOI to construct a single-family home and to extend driveway on the ROW to provide access to the subject property. . Mr. Packer recommended that the request for continuance be granted; Mr. Jones made the first motion to accept and Mr. Cunningham made the second motion to accept; all in favor.
Leonard Dobson (38 Old Point Road) – A continued NOI to construct a two-story addition over existing deck. Mr. Dobson is still in litigation with regard to this dwelling and would like to continue this hearing to the next meeting date. . Mr. Packer recommended that the request for continuance be granted; Mr. Jones made the first motion to accept and Mr. O’Connell made the second motion to accept; all in favor.
Brian Abt (9 16th Street) – A continued NOI to replace existing retaining wall and posts supporting an existing deck. DEP has stated that they would like to see the sonar tubes swapped out for wood posts. (DEP considers sonar tubes is considered wave born debris) The applicant was not present at the meeting, Mr. Packer recommended that a continuance be granted; Mr. Jones made the first motion to accept and Mr. Cunningham made the second motion to accept; all in favor.
John Feather & Dorothy Brooks (56 Fordham Way) – A continued NOI to replace/repair existing fence and create driveway access to external storage area. On October 19th the applicant requested a continuance until the November 16th meeting; Mr. Jones made the first motion to accept and Mr. Cunningham made the second motion to accept; all in favor.
Geraldine Buzzotta (4 5th Street) – John O’Connell recused himself from the hearing. A continued NOI to replace a single-family home with a smaller single-family home. The hearing was called, but the applicants representative notified us that there would be a conflict with the Newburyport Conservation Commission and would be late. Mr. Packer indicated that this hearing would be tabled and called again.
Rep not here yet, conflict with Newburyport meeting– will table and call again. Rep Tom Hughes from Hughes environmental handed out a letter dated 10/19/10 addressing the Boards concern, abutter/resident concerns and DEP Comments with a new plan dated 10/19/10.
Hearing recalled; Rep Tom Hughes provided a dune profile and topography as of 10/14/10 after the beach nourishment project. Forward most piling will be at least 6-inches from closest sandbag and dug by hand. The proposed project is a vastly improved proposal over what the Commission approved last year. Mr. Streeter stated that Site access, Stockpile, dumpster locations, equipment, and pilings are all hurdles for this project. Yes, there will be some disturbance but eventually everything will be stored within the construction. Any impact would be restored to original conditions. Mr. Streeter stated concern regarding adherence to the local Bylaw. Mr. Hughes offered his interpretation of the applicable Bylaw standards. This project falls under re-construction not re-development.
If less than 20% lot coverage, the Commission must approve. If over 20% the Commission can use its discretion.
Mr. Holtgrefe (abutter) prepared comments as noted before and additional points as well as a photo of the property from Army Corp of Engineers in 1973. This was an erosion hotspot in 1973, just like it is now.
Jerard Whitten(resident) – spirit of the local bylaw is to protect the resource area. The Army Corp says the sand from the beach nourishment project will be gone in 2-3 years. Mr. Whitten asked the board to consider long term implications of this critical resource area.
Mangion (resident) – parking may not be in purview but we need to insure that parking is addressed whether it is on the property or on side street.
There were no further questions from the Commission or the audience; Chairman Packer made a motion to close the public hearing and asked for a motion; Mr. Jones made the first motion to accept and Mr. Harnett made the second motion; all in favor. Mr. Streeter then asked of the special conditions; Chairman Packer stated that he was going to add something about the scour. The decking be laid conducive to and the most light transmission.
Russell Krausser (39 Southern Blvd.) – A continued RDA to replace raised bed gardens. Rep Verne Fisher took out all weeds and planting beds; where timbers are they want to plant perennials. Packer states the difference is that the timbers were used as a separator to driveway and chose wrong plantings that did not survive, but were not planted in the said planting beds. Area to left as house is not a big issue, the area to the right (South) and holds a stronger line to this side on claims of what was there. South of driveway/east of structure was a mitigation area prior to sale of home in 2008. Board requesting a layout of plan and what native indigenous plants/shrubs/beach grass and the dimensions of area that is to be planted with a minimum of organic/non-native material to remain. How the
soil will be brought back to handle native plants. Plants to stay in 1 to 2 gallon pot (biodegradable) and planted in sand. Homeowner came to table and introduced himself and shared they bought the property about 2 years ago. They are considerate of the environment and the planting areas were in disrepair. Monday 10/25/10 at 4:00 pm to 39 southern blvd; if there is a quorum, a decision will be made on site. Amended at November 16th meeting to include that during the site visit, that plantings will be allowed with modification as described in the Determination of Applicability.
Mass Wind LLC (8 Middle Road) – An RDA for the construction of three wind turbines. Jonathan Markey of Meridian Associates opened sharing they are still in preliminary stages of the project; they still have follow-up with the Planning Board with “fall” zone and other items. The location of turbines is not set in stone and subject to change; they have not formally met with ZBA or Planning Board. The green color is Mass GIS wetland areas John O’Connell indicated that there will still flags out there on abutting property, there is likely an ANRAD in Conservation that could be marked on their plan.
Their intent is not to clear wetlands or cut trees down; they want to “clear” these. Has permission from National Grid to get access to the area through their ROW. Access road would to sub graded and there would be riprap put over. Need to show Riverfront on the plan. Gravel driveways up to the turbines.
Area needs to be flagged early next week, suggested a site visit; agreed on Tuesday November 2 at 9:00 am (meet at Highfield Road and park at the substation)
Stephen Maguire (37 Southern Blvd.) – An RDA to construct a 20’X6’ deck under existing footprint. There will be no increase in the size of the deck, they are removing the existing stairs. Chairman Packer asked if there were abutters or anyone else who wanted to speak on this project, there were none. There were no further questions from the Commission or the audience; Chairman Packer made a motion to close the public hearing and asked for a motion; Mr. O’Connell made the first motion to accept and Mr. Streeter made the second motion; all in favor.
John & Ann O’Brien (4 Cinder Ave) – An NOI to raze existing single-family dwelling and construct new single-family dwelling. Existing dwelling is 820 sf and proposed is (34’ X28’) 1355 sf. Currently w/I Riverfront and the proposed is out of the riverfront. Are viewing this as riverfront as their will be disturbance in the riverfront area. The property has been abandoned for some time and was recently purchased. The building will be moved to become more compliant with zoning; but the area to move it to has varied and sparse vegetation. 4’6” x4’6” entry and utility shaft; and meets 2 feet to bottom structure criteria. Expect a 2-3 foot depression which they expect to fill with sand. 9sf pad for propane
cylinders; looking for flexibility on where this goes based on where house is placed. Add a condition to “delineate the driveway” area. Abutter (Mike) asked to see the plans, asked about the sf and the size of the house and was satisfied that he received the information. Chairman Packer asked if there were abutters or anyone else who wanted to speak on this project, there were none. There were no further questions from the Commission or the audience; Chairman Packer made a motion to close the public hearing and asked for a motion; Mr. O’Connell made the first motion to accept and Mr. Jones made the second motion; all in favor.
Steve Bandoian (41 Annapolis Way) – An NOI to raze and re-construct dwelling on pilings in addition to an L-shaped addition and concrete lower level on pilings. Use existing concrete structure as a garage – DEP did not like that (Bill trying to avoid MEPA process) with another level above, a ramp and elevator shaft. Anticipates needing an elevator and is not supposed to be outdoors; garage under and access to elevator. They are moving deck that leans on 37 Annapolis and a large mitigation area. This is a lesser impact of the original plan and applicant was give two options on how to implement the project; with 150’ if handicap access ramp or an elevator and parking underneath. Chairman Packer asked if there were abutters or anyone else who wanted to speak on this project, there were
none. There were no further questions from the Commission or the audience; Chairman Packer made a motion to close the public hearing and asked for a motion; Mr. Jones made the first motion to accept and Mr. O’Connell made the second motion; all in favor.
Robert Colfer (30 Old Point Road) – An RDA to replace existing stairs. Applicant was not present; Chairman Packer recommended a continuance until 11/16/10 meeting; all in favor
Colin Hatchard (67 Southern Blvd.) – An RDA to enclose a portion of the structure underside. There is 6 feet of deck and 10-feet for carport cantilever deck above. Would like to close in solid below the deck leaving 2-feet from ground as lattice. Proposing garage doors for the carport, leaving 2-feet open from the bottom. There were no further questions from the Commission or the audience; Chairman Packer made a motion to close the public hearing and asked for a motion; Mr. Jones made the first motion to accept and Mr. Hartnett made the second motion; all in favor.
Re-issuance: North Reading Transportation DEP File No. 050-1031; Approved
Certificate of Compliances:
Hanover Real Estate Trust DEP File No. 050-912 (expired; no work commenced) Chairman Packer found the applicant to be in substantial compliance and recommended the issuance of the COC; Mr. Jones made the first motion to accept and Mr. O’Connell made the second motion; all in favor.
Hanover Real Estate Trust DEP File No. 050-1041 (septic) Chairman Packer found the applicant to be in substantial compliance and recommended the issuance of the COC; Mr. Jones made the first motion to accept and Mr. O’Connell made the second motion; all in favor.
Mass Div of Fisheries & Wildlife DEP File No. 050-913 (habitat management for the benefit of rare and declining species). Chairman Packer found the applicant to be in substantial compliance and recommended the issuance of the COC; Mr. Cunningham made the first motion to accept and Mr. Hartnett made the second motion; all in favor.
Other Business:
1) December Meeting Date; request to move from the 3rd Tuesday of the month (12/21) to another day during that week) The Commission agreed to Monday December 20th.
2) Representative Doug DeGrappo (81 Northern Blvd/Joyce Vining Morgan) indicated that Phase 1 of the project was completed in 2005 and want to act on Phase 2. There is 48 additional sf for a Mudroom over existing footprint on an active order of conditions. Board has no problems with.
Emergency Cert for Middle Road – existing culvert and swale uncovered during the pumping process. Essex county mosquito will take care of the swale need to do a 1 for 1 swap of culver and install pipe. Chairman Packer asked for a motion; Mr. Streeter made the first motion to accept and Mr. Cunningham made the second motion; all in favor.
Meeting adjourned at 10:00 pm
Respectfully submitted, Susan Noyes
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