HomeMy WebLinkAbout2002-04-10 Conservation Commission Minutes Conservation Commission Minutes
DPW Conference Room
April 10, 2002
Members Present: Scott Masse, Chairman, Albert P. Manzi, Jr., Vice Chairman, Deborah
Feltovic, and Robert Mansour. Beth Wescott arrived at 8:45 and Joseph Lynch, Jr. arrived at
9:30 p.m.
Members Absent: John Mahon.
Staff Present: Julie Parrino, Conservation Administrator and Alison McKay, Conservation
Associate.
The meeting was called to order at 7:00 p.m.
Minutes
No minutes were accepted.
General Business
242-784—PCOC Request; Lot 18 (65 Nutme-e Lane) and Lot 19 (93 Nutmeg Lane) (NE
Engineering)
The applicant had requested a continuation for both lots to the public hearing of 5/8/02 to allow
the design engineer to certify the drainage easement between the two lots. A motion was made
by Mr. Mansour to continue the Partial Certificate of Compliance request to 5/8/02. Ms. Feltovic
seconded the motion. The vote was unanimous.
242-365/NACC #3-FINAL COC and Bond Release; Great Pond Estates, (Elias)
The applicant, Marilyn Elias, was present for the public hearing. This Order of Conditions was
issued by the NACC on 1/27/92, with a Superceding Order of Conditions issued by the DEP in
September of 1993. The project included a subdivision roadway for a six-lot subdivision, with
work in the Lake Cochichewick Watershed, the buffer zone of a BVW and isolated wetlands
subject to the local bylaw. A roadway crossing altered bank associated with an intermittent
stream. Wetland Replication was not required at the site.
Upon review of the site, Ms. Parrino indicated that all work was complete and the site stabilized
with the exception of lots 3, 5, & 6, which were under separate filings. She indicated that there
were a few maintenance issues that needed to be addressed prior to the issuance of compliance.
These maintenance issues included roadway sweeping, cleaning of the catch basins, especially
the left catch basin at the end of the cul-de-sac, which was buried under silt and haybales. The
cause of the sediment build up at this catch basin was a result of the unfinished driveway at lot 3.
Additionally, the PVC pipe into the silt trap had collapsed in the small basin to the right of the
roadway. She recommended that these maintenance issues be properly mediated under an
Enforcement Order and a Conditional Compliance issued by a date certain for Lot 3. Mr. Masse
was concerned about issuing a Conditional Compliance. Ms. Parrino said the applicant was
waiting on Compliance for road acceptance at Town Meeting, Mr. Mansour asked that the stated
condition be part of the Enforcement Order as well as the Certificate of Compliance. He
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motioned to issue a Certificate of Compliance by 5/6/02 with the condition that the road be
swept, the catch basins be cleaned, and the catch basin closest to the driveway of Lot 3 be
surrounded by haybales to prevent further siltation. Ms. Feltovic seconded the motion. The vote
was unanimous. Mr. Mansour moved to issue an Enforcement Order on Lot 3 for the clean up at
the site by 4/19102. Ms. Feltovic seconded the motion. The vote was unaninmous, The item
will be placed on the next agenda to ensure compliance had been met.
242-945—COC The Sanctuary, Carroll Construction
The Order of Conditions was issued on 7122/99 for the construction of a subdivision roadway,
development of 4 lots and the construction of drainage structures. Lot 2 had received a Partial
Certificate of Compliance. A permanent wetland alteration of 738 s.f. called for a replication
area of 1,476 s.f. Upon review and a site inspection, Ms. Parrino noticed that the replication area
provided was 1,228 s.f, 248 s.f. less than a 2:1 replacement ratio. The current replication area
had successfully grown. All other compliance requirements had otherwise been met including
site stabilization, adherence to the 25' and 50' setbacks, and the placement of wetland signs. Ms.
Parrino recommended the applicant file for a modification to approve the reduction in replication
area and a fine be issued in lieu of the loss. She also requested implementation of a planting
enhancement area behind the headwalls. Mr. Manzi moved to approve a modification under the
said recommendations. Ms. Feltovic seconded. The vote was unanimous. The hearing was
continued to 4/24/02 for a Certificate of Compliance if all conditions had been met.
As it was not yet 5:00 p.m., the Commission took a recess.
8:00 p.m. - Public Hearings
242-1127 -Abbreviated Notice of Resource Area Delineation ANRAD —Boston & Gray
Street Stella LEC Cont. from 3/13/02
The ANRAD was filed to confirm 300 + wetland flags on the site for a bordering vegetated
wetland and isolated wetlands only. Appropriate plans had been submitted and reviewed, Ms.
Parrino reviewed the wetland line and made a few adjustments. Revised plans were submitted
reflecting the changes prior to the hearing. Ms. Parrino recommended issuing the Order of
Resource Area of Delineation stating the specific approval.
A letter had been submitted from an abutter with questions pertaining to the development of the
site. The Commission acknowledged the letter and asked that it be filed until a permit for work
was filed. Any questions pertaining to that matter would be addressed at that time. There was
also concern that there could be a vernal pool on the site. Mr. Manzi moved to issue an Order
of Resource Area Delineation with the changes made. Ms. Feltovic seconded. The vote was
unanimous.
Request for Determination of Applicability
33 Johnson Street (North Andover Youth Center)
Steve Foster of Dutton & Garfield, Inc. was present to explain the proposed work, Work would
entail the installation of five additional light posts and associated utilities at the soccer fields.
Two posts would be located within the buffer zone to a BVW, and one post would be located
within the 25' No-Disturbance Zone. There would also be some trenching for underground
wiring and extraction for pole placement.
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Mr. Manzi asked about the depth of concrete for the pole foundation. Mr. Foster indicated that
he did not know the depth at that time, but that the trench depth would be 3 feet. Ms. Parrino
recommended some draft conditions to the Commission. Mr. Masse felt the scope of the work
would be too large and the conditions too many for a DOA approval and suggested the applicant
file a Notice of Intent. The majority of the Commission supported this opinion. Mr. Gorham
spoke of the time constraints and the need of the fields that will service four different sports.
The Commission discussed they believed it was ultimately an approvable project, however
concerns existed as approving it under a Determination of Applicability. Mr. Mansour his
concerns with the lack of plan requirements. He requested information on the pole foundation
details. Mr. Foster was encouraged to file a Notice of Intent. Mr. Mansour also requested that
the depth of work be.submitted to find out if dewatering would be an issue. Mr. Masse moved to
continue the hearing to 4/24/02. Mr. Manzi seconded. The vote was unanimous.
Ms. Wescott arrived at 8:45 p.m.
Notice of Intent(s)
242-1115 --Maritimes & Northeast Pipeline, LLC TRC - Cont, from 3/13/02
Ms. Parrino had reviewed aportion of the site with TRC, a Wildlife Biologist, and Pat Huckory
of Natural Heritage to observe the vernal pools and review the vernal pool biological surveys,
which were still continuing. She stated that a final review letter had been submitted by Seekamp
Environmental Consulting. She added that Natural Heritage had also issued a letter stating no
short-term impacts, but suggested many conditions for the project. Ms. Parrino felt the
Commission could close the public hearing and issue a decision with additional conditions. The
Commission suggested a set of conditions be drafted for review prior to the closing. Mr. Manzi
moved to continue the hearing to 5/8/02 to review the conditions. Ms. Feltovic seconded. The
vote was unanimous.
242-1121 --0 Forest Street James Hartigan Scott Giles — Cont. from 3/13/02 (Request to
cunt. to 4/24/02)
The applicant, James Hartigan, and his representative, Scott Giles, were present. Ms. Parrino
reviewed the revised plans submitted, which included buffer zone delineations, the location of
the driveway, an 11 x 17 set of plans at a 20' scale, and floodplain information. The wetland
flags had been re-established and reviewed as correct. It was recommended by the Commission
at a previous hearing to place a standard 2' x 2' stone wall on the site to prevent any
encroachment to the wetland area. They asked for plans to be revised to reflect the location of
this boulder wall. Mr. Manzi moved to continue the hearing to 5/8/02. Ms. Feltovic seconded.
The vote was unanimous.
242-1130 650 Forest Street, (Wilhelm) (Kaminski)
The proposed work was for an addition to an existing dwelling, an uncovered deck, and an above
ground pool in the buffer zone to a bordering vegetated wetland. The proposed structures were
outside the 50' No—Build Zone at 50.5'. Revised plans were submitted showing the erosion
control 25 feet from the edge of wetland, the 100-foot buffer line, and the removed patio from
the 50' No Build Zone. Ms. Parrino had reviewed the wetland line and approved the delineation
as submitted.
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Mr. Mansour asked that the 50' buffer line be changed to read as a 50' no construction line and
that the location of the stockpiling be outside the 50' area. Mr. Manzi moved to issue an Order
of Conditions with additional conditions as discussed. Ms. Feltovic seconded. The vote was
unanimous.
242-1136 & 242-1135 Lot A & B Saville Street (RKAKO LLQ
The project had been filed under two separate filings but was included on the same plan, so the
Commission chose to review the two lots together. Michael Seekamp of Seekamp
Environmental Consulting was present to represent the applicant, Michael Ahern. Mr. Seekamp
said the resource area boundaries had been approved in a Determination of Applicability and
confirmed by the previous Conservation Agent. He said work in the buffer zone to Lot A was
limited to grading only. The house would be outside the buffer zone and the erosion controls
were proposed along the 50' No-Build Zone. Buffer zone work on Lot B included the house, the
driveway and deck construction, which would be close to the 50 foot No-Build Zone. The
erosion controls on this lot would be along the 25-foot No-Disturbance Zone. The roadway
would be out of the buffer zone, but a drainage outlet would remain in the buffer.
Ms. Parrino asked if the lots would be tied into the existing roadway or tied as a common drive.
Mr. Seekamp said the lots would tie into the existing roadway. She reconnmended that a
permanent barrier along the 25-foot No Disturbance Zone be placed as a condition. There was a
brief discussion on whether the project would need to meet stormwater requirements. Ms.
Parrino wanted to review the plans more carefully to determine if stormwater management
applied. Mr. Mansour asked that a permanent barrier wall be shown on the plan along the 25-
foot no disturbance. Mr. Seekamp asked if a large boulder wall would be sufficient, rather than a
retaining wall. The Commission agreed. Mr. Mansour moved to continue to 4/24/02. Mr.
Manzi seconded. The vote was unanimous.
242-1134 Johnson Circle Pumping Station Town of North Andover
Steve Richard of Weston &Sampson spoke on behalf of the applicant, He said the project was
for the construction of a new 80 gpm submersible wastewater pumping station and
appurtenances within the center grass of the cul-de-sac. Work would be in the buffer zone and
the riverfront area of a previously disturbed area. Mr. Richard said there would be no grade
changes at the site. Ms. Parrino said she had no issues with the wetland line and the proposed
work. She asked about the depth of the wet well. Mr. Richard said the excavation of the wet
well would be at a depth of 14'. Mr. Manzi moved to approve the project with the standard
conditions. Ms. Wescott seconded. The vote was unanimous.
9:30 p.m. ----Mr. Lynch arrived and Mr. Masse and Mr. Manzi recused themselves.
242-1111 Kittredge Crossing, 200 Chickerin Road Terra Pro Merrimack
Engineering) cont. from 3I2102 special meeting
The applicant had requested a continuation to complete their engineering review. Mr. Lynch
discussed some of the outstanding issues. He requested that the retaining wall be designed by a
structural engineer to ensure functionality and suggested that pea stone be used instead of sand &
gravel in the drainage details. Ms. Parrino added that she had been notified that wicks would be
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placed in the retaining wall to allow constant water flow though the wall. There was some
discussion about this methodology. It was also noted that a construction sequence had been
submitted on 3/21/02 and would be attached with the letter of 3/26/02. Ms. Feltovic moved to
close the public hearing and to issue a decision within 21 days. Ms. Westcott seconded. The
vote was unanimous at 4-0.
Decisions
242-1130--650 Forest Street
Mr. Manzi moved to issue the Order of Conditions as drafted, with the additional conditions to
change the 50' buffer zone to a 50' No-Build Zone and that any stockpiling of material be
located outside the 50' area. Ms. Feltovic seconded. The vote was unanimous.
Ms. Westcott said she would be late for the next meeting.
9:55-Meeting Adjourned
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