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HomeMy WebLinkAbout2008-08-13 Conservation Commission Minutes Conservation Commission Meeting Minutes August 13, 2008 Members Present: Sean F. McDonough, Acting Chairman, Albert P. Manzi, Jr., Joseph W. Lynch, Jr., Deborah A. Feltovic, Louis A. Napoli. Members Absent: John J. Mabon, Chairman, and Scott L. Masse. Staff Members Present: Jennifer A. Hughes, Conservation Administrator, Donna M. Wedge, Conservation Secretary. Albert P. Manzi left the meeting at: 9:40 P. M. Meeting came to Order at: 7:05 P. M. Quorum Present. Pledge of Allegiance General Business 242-1052, Modification & COC Request, 492 Sutton Street (Curley Construction)(Christiansen & Sergi, Inc.) Tony Capachietti of Christiansen & Sergi, Inc. was present. Mr. Napoli left the meeting room conflict of interest. Ms. Hughes states 3,749 square feet of additional pavement was installed beyond what was permitted. A retaining wall was also added upland of flag E8 and is located within the 50-foot no build zone. A waiver has been requested submitted. Roof runoff was designed to flow from gutters into drainpipes but now flows into asphalt channels along perimeter of each building. Options include 1. Approving the modification 2. Request a waiver for the wall within the 50-foot No-Build zone 3. Require mitigation for additional pavement and structures. The 25-foot No-Disturbance zone needs signs could be installed closer to the Bordering Vegetated Wetland if airport controls interface with proper placement. The No Salt & Snow Stockpiling signs must in place before issuance the COC. A motion to deny the modification was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. A motion to issue an Enforcement Order to remove pavement not approved and needs to be compliance within 30 days of issuance of the Enforcement Order was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. A motion to issue a fine of $300 a day would be enforced till in compliance with the Order of Conditions was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. Mr. Manzi stated the Conservation Commission had Lisa Eggleston review the drainage on this filing and the drainage was not designed the way it should have been. 242-1398, Modification Request, 575 Osgood Street (Edgewood Retirement Community, Inc.)(Christiansen & Sergi, Inc.) Tony Capachietti of Christiansen & Sergi, Inc. and David Mermelstein of Trident Project Advantage Group and Marlene Rotering of Edgewood Retirement Community, Inc. was present. Ms. Hughes states the Edgewood proposes to install an arch pipe under an existing sidewalk connecting two wetland areas. The grading would also be required. The water is currently 1 flowing over the sidewalk photos shown at the meeting. A motion to issue the modification was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. 242-784, PCOC Request, 104 Thistle Road (Lot 37)(North Andover Land Corp. c/o Paul St. Hilaire)(New England Engineering Services, Inc.) Ben Osgood, Jr., of New England Engineering Services, Inc was present. Ms. Hughes states an enforcement order was issued on this property to do additional work to mitigate for encroachment into the 25-foot No-Disturbance zone by stone retaining wall. Per the enforcement a fence was erected and is properly located, a shed has been removed and plantings installed. The work complies with the enforcement order with the following exceptions: Variations in the plantings, planting area is being maintained as mowed lawn. Plantings changes are fine; area must allow reverting back to natural state. A motion to remove the Enforcement Order was made by Mr. Manzi, seconded Ms. Feltovic. Unanimous. A motion to issue the PCOC was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. A motion to require wetland markers is placed on the fence and monitoring of plantings, September 15, 2008 and October 15, 2008 was made by Mr. Manzi, seconded by M. Feltovic. Unanimous. 242-784, PCOC Request, 84 Thistle Road (Lot 39D)(North Andover Land Corp.)(New England Engineering Services, Inc.) Ben Osgood, Jr., of New England Engineering Services, Inc. was present. Ms. Hughes states the review of the file indicates this is a clerical error. On the previous as-built the lot was labeled 39- C. The same as built is before you with the lot now labeled 39-D. New PCOC will need to reference the one previously issued for 39C. The record subdivision plans will be brought to the meeting. Mr. Osgood stated the Planning Board did an ANR on the lots because land swap because of the driveway issues. Mr. Manzi stated this needs to reference lot 39D formerly or otherwise known as lot 39C. A motion to issue a PCOC for 84 Thistle Road for Lot 39D formerly or otherwise known as lot 39C, was made by Mr. Lynch, seconded by Mr. Napoli. Unanimous. Request for the Removal of an Enforcement Order 594 Chickering Road Ms. Hughes stated all that is left is to sweep the parking lot the drainage problem has been fixed this was just friendly enforcement order. A motion to release the enforcement order was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. Enforcement Order Update 642 Turnpike Street The applicant John Carroll was present. Ms. Hughes states the restoration area is completed as of 8/8/08. Mr. Carroll has paid his fine totaling $300. Monitoring should continue through the spring 2009. A motion to not release the enforcement order till June 1, 2009 was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. Small Project NACC# 44, 642 Turnpike Street The applicant John Carroll was present. Ms. Hughes states the proposed project is to landscape the previously disturb area outside the 50-foot No-Build zone. Proposal includes crushed stone 2 paths, native plantings and lawn, crushed stone access to nursery storage and fencing. The erosion controls are already established per enforcement order. Recommend approval of project under Small Project E, G, and J for small crushed stone area. A motion to accept as a small project E, G, and J was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. A motion to ratify as a small project was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. No Recess Public Hearings: 8:15 P. M. Notice of Intent (s) 242-1439, 60 Willow Street (Rohm & Haas Electronic Materials)(BSC Group, Inc.) Jeffrey Malloy and David Varga of BSC Group, Inc. was present. Ms. Feltovic read the legal notice. Ms. Hughes states see attached project review summary. The proposal is for 1,400 s. f. addition to existing industrial building with associated stormwater upgrades and paving. Much of existing pavement abuts the wetland boundary. There is more than the required minimum parking on the site and portions of pavement could be restored to pervious surface. Gravel recharge areas are proposed but not located in the areas where they may be subject to frequent compaction by truck traffic. Alternative locations of these recharge areas should be considered. Ms. Hughes I agreed with the wetland line. Mr. Varga stated the addition would be for storage of chemicals this building would be contained if any leaks of chemicals. Mr. Lynch stated there is already open order for parking lot you should maybe close that order first. Mr. Varga stated the applicant did not want to do parking lot at this time. Mr. Lynch stated there is high ground water in this area they would have meet stormwater management requirement since the state changed the requirements. Mr. Lynch stated they might have to talk to Town Planner. Mr. Lynch stated the impacts green space impervious stormwater gravel roadway would compacted over time with no drainage would eventually have water run-off into the resource areas. Mr. Varga stated the drainage system and French drain out to the existing drainage on site. Mr. Manzi stated the Conservation Commission should the drainage check third party review catch basin gravel driveway, SWAPP, O & M Plan. A motion to set escrow account third party review in the amount of $2,000 was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. A motion to continue to August 27, 2008 meeting was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. NACC#43, 22 Thistle Road (Carr)(New England Engineering Services, Inc.) The applicant Mrs. Carr and Ben Osgood, Jr. of New England Engineering Services, Inc. and Abutter Ben Osgood, Sr. was present. Mr. Manzi read the legal notice. Ms. Hughes states the proposal is for construction of an in-ground pool and patio within the 75-foot No-Disturbance zone of an ephemeral pool and within 50-foot from Isolated Vegetated Wetland. The applicant’s representative has not presented calculations to support his finding that area does not hold the ¼ acre-foot of water to be considered Isolated Land Subject to Flooding. A waiver request has been submitted and is based on information given to the owner at the time purchase by a former agent of the NACC. The building permit for house construction was signed off by former agent Richard Paquette and the ephemeral pool and vegetated wetland were never delineated on the plans. Revegetation of portion of existing is proposed as mitigation. The square footage of the mitigation area is not detailed on the plan. Abutter Ben Osgood Sr. stated there is convince on 3 this Subdivision thru Planning Board. Mr. Manzi stated the ephemeral pool should be certified by a wetland scientist. A motion to continue to August 27, 2008 meeting for revised plans was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous 242-1435, 69 Oakes Drive (Carey)(New England Engineering Services, Inc.)cont. from 7/23/08) Ben Osgood, Jr. of New England Engineering Services, Inc. was present. Ms. Hughes states this is for septic system replacement. The plan update as requested was requested showing connection between individual erosion control lines. The plan not received. Dewatering not shown on the plan and that likely because due to high water table and construction of system within isolated vegetated wetland non-jurisdictional. Continuation was primarily administrative and OOC is ready to be issued. Hearing could be closed and OOC signed tonight with dewatering plan to be submitted as part of the construction sequence. A motion to close and issue a decision within 21 days was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. 242-1428, Lot 4N-A Turnpike Street (Merrimack Condominiums)(One Hundred Fourteen Trust)(Patrick C. Garner Company, Inc.) No one was present. Ms. Hughes stated the applicant is requesting a continuance to August 27, 2008. A motion to continue to August 27, 2008 meeting was made by Ms. Feltovic. Unanimous. 242-1431, O Pond Street (Stone House Farm Realty Trust)(DeRosa Environmental Consulting Engineers, Inc. )(cont. from 7/23/08) The applicant James Nason and Thad Berry of Xeriscape Design, LLC was present. Mr. Manzi asked the applicant about how guardrail going. Mr. Nason stated the State of Massachusetts stated they did not care about the guardrail. A motion to close and issue a decision within 21 days was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. 242-1436 57 Christian Way (Zdrojewski)(New England Engineering Services, Inc.) Ben Osgood, Jr., of New England Engineering Services, Inc. was present. Ms. Hughes states an administrative continuance. The applicant was asked to add a fieldstone wall or post and rail fence up gradient of the 25-foot No-Disturbance zone. This was part of the Order of Conditions if a plan is not available. A motion to close and issue a decision within 21 days was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. 242-1437, 250 Farnum Street (Higgenbottom)(New England Engineering Services, Inc.)(cont. from 7/23/08) Ben Osgood Jr., of New England Engineering Services, Inc. was present. Ms. Hughes states the project is for work associated with a replacement septic system. The leach field is located 103’ from the resource boundary and all work is outside the 50-foot No-Build zone. Proposed grading and gravel fill will create access for a vehicle to enter the rear of the barn. The trees are being removed and were requested to be shown on the plan. This was an administrative continuance and the Order of Conditions can be signed tonight. A motion to close and issue a decision within 21 days was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 4 242-1438, 32 Stonewedge Circle (Johnson)(Eugene T. Sullivan Consulting Engineers, Inc.)(cont. from 7/23/08) No one was present. Ms. Hughes states there were no outstanding issues for this deck expansion outside 50-foot No-Build zone. Administrative continuance was requested last meeting. A motion to close and issue a decision within 21 days was made by Mr. Napoli, seconded by Mr. Lynch. Unanimous. 242-1319, 502 Winter Street (Lot 3A)(Kindred)(Marchionda & Associates, L. P.)(cont. from 7/23/08) No one was present. Ms. Hughes states the applicant requested an amendment to alter the layout of the house and driveway from proposed and approved under DEP#242-1319. NACC requested applicant extend the stone wall to approximately wetland flag #1-9 along the 25-foot No- Disturbance zone and continue with fence to the road. The applicant submitted revised plans with this detail. A motion to close and issue a decision within 21 days was made by Mr. Napoli, seconded by Ms. Feltovic. Unanimous. 242-1433, 3 Boxford Street, 116 Ogunquit Road(Water Line)(The Neve-Morin Group, Inc.)(cont. from 7/23/08) No one was present. Ms. Hughes states the applicant revised plans at last hearing for the proposed waterline extension. A motion to close and issue a decision within 21 days was made by Mr. Lynch, seconded by Mr. Napoli. Unanimous. Decisions 242-1435, 69 Oakes Drive Ms. Hughes states the bond amount set at $1,000, condition# 31. Except where these zones were previously disturbed or constructed upon according to the approved plans. Condition # 47 or the edge of tree line where 25-foot zone is within existing yard with minimum of 10 wetland makers spaced evenly every 25-feet incorporating the following text: Protected Wetland Resource Area. Condition # 53. No dewatering approved presently. Condition #57. Beyond the limit of work established by installed erosion controls. A motion to accept the Order of Conditions as drafted was made by Ms. Feltovic, seconded by Mr. Lynch. Unanimous. 242-1431, O Pond Street Ms. Hughes states bond amount set at $5,000 condition# 45, wetland markers 10 one every 30- nd feet along the 25-foot No-Disturbance zone Condition#48, Require 2 row of erosion controls per plan Condition#43, Stormwater Conditions#51-#55, Dewatering not approved as part of the Order of Conditions –Condition#58, Mr. Lynch stated in the pre-construction meeting the Conservation Commission would require the engineer to submit a compacting report because of the fill they would be requiring on this site. A motion to accept the Order of Conditions as amended was made by Mr. Lynch, seconded by Ms. Feltovic. Unanimous. 5 242-1436, 57 Christian Way Ms. Hughes states bond would be set at $500-Condition#45, Wetland markers requirement for 4 placed every 30-feet Condition#48, Fence or field stonewall to be installed upslope of the 25- foot No-Disturbance zone-Condition#51. A motion to accept the Order of Conditions as drafted was made by Mr. Lynch, seconded by Ms. Feltovic. Unanimous. 242-1437, 250 Farnum Street Ms. Hughes states the bond amount would be set at $1,000, wetland markers requirement of 2 placed every 30-feet along the 25-foot No-Disturbance zone. A motion to accept the Order of Conditions as drafted was made by Mr. Lynch, seconded by Mr. Napoli. Unanimous. 242-1433, 3 Boxford Street, 116 Ogunquit Road Ms. Hughes states the bond amount would be set at $4,000, Condition#29 reference additional Order of Conditions issued for Rocky Brook II subdivision (expired), Condition#30 removes ability to file for limited project this is large parcel which could be sub dividable-NACC may wish to consider if this remain as a condition. Condition#33-The NACC finds that intensive of upland land areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource area except as follows need to establish exception for current uses mulch piles, maintained lawn. Condition#44 for erosion controls references NHESP letter requiring critter gaps as detailed on the record plans. Condition#49-Prior to construction, the applicant shall permanently mark the edge of the 25-foot No-Disturbance zone every 50-feet incorporating the following text: Protected Wetland Resource Area. Condition#55 Dewatering-Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on site while work specific to pipe installation at the intermittent stream occurring and until this section to complete. A motion to accept the Order of Conditions as drafted was made by Mr. Lynch, seconded by Ms. Feltovic. Unanimous. 242-1319, 502 Winter Street (Lot 3A) Ms. Hughes states the bond would be set $3,000, allowing for one Pine Tree to be cut down is outside of the 25-foot No-Disturbance zone, this is an Amended Order of Conditions. A motion to accept the Order of Conditions as amended was made by Mr. Lynch, seconded by Ms. Feltovic. Unanimous. 242-1438, 32 Stonewedge Circle Ms. Hughes states the bond amount would be set at $500, No limited project restrictions, No wetland replication or compensatory flood storage requirements, NHESP letter references-no adverse impacts. No erosion control monitor required. Require only haybales only in the southeast corner. A motion to accept the Order of Conditions as drafted was made by Ms. Feltovic, seconded by Mr. Lynch. Unanimous. A motion to adjourn the meeting at: 10:40 P. M. was made by Mr. Napoli, seconded by Mr. Lynch. Unanimous. 6