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HomeMy WebLinkAbout2002-05-08 Conservation Commission Minutes Conservation Commission Meeting Minutes DPW Conference Room May 8, 2002 Members Present: Scott Masse, Chairman, John Mabon, Deborah Feltovic, and Joseph Lynch Members Absent: Albert Manzi, Jr., Vice Chairman, Robert Mansour, and Beth Wescott Staff Present: Julie Parrino, Conservation Administrator, Alison McKay, Conservation Associate The meeting came to order at 8:20 PM, as there was no quorum until then. Minutes Although the minutes of April 10 were ready to review, copies had not been made to distribute. They will be reviewed at the next meeting. 8:23 p.m.—Public Hearings Notice of Intent 242-1139--_25 Sunset Rock Road (Fieramosca) (Giles), The applicant requested to continue the hearing to 5/22/02. Mr. Lynch moved to continue to 5/22/02. Ms. Feltovic seconded. The vote was unanimous. Request for a Determination of Applicability 315 Turnpike Street (Merrimack College) (Wetlands Preservation Inc.) Jim Bolduc of Wetlands Preservation Inc was present to explain the wetland resource area delineations. He said that Ms. Parrino and Ms. McKay had also reviewed the site. He said the site was located between the Volpe Arena at Merrimack College and Turnpike Street. He explained that there were two isolated wetlands on the property, jurisdictional under the local bylaw only, as well as a bordering vegetated wetland associated with a man-made drainage Swale and an intermittent stream. Mr. Lynch asked if a Certificate of Compliance on the Volpe addition was ever issued, which was completed around 1995. Mr. Bouldac said he was not sure. Ms. Parrino added that she had no issues with the delineation as marked on the plan and in the field. Mr. Lynch made a motion to issue a positive determination stating the isolated wetlands as jurisdictional under the local bylaw only. Ms. Feltovic seconded the motion. The vote was unanimous. Notice of Intent 242-1115 Maritimes & Northeast Pipeline,LLC (TRC) Cont. from 4/10/02 Ms. Parrino explained that all information had been submittedd . t p � � e and the draft decision was Well underway with the input from Seekamp Environmental. She recommended that the Commission close the hearing and issue the decision within 21 days. She would have the final decision ready for the next meeting. Mr. Masse felt there needed to be a final 1 agreement on the bond amount before the Commission close the hearing. He recommended closing and issuing the decision on the same night due to the scale of the project and the extent of conditions that would be placed on the project. The Commission was also concerned about the monitoring of the project and how this would impact the staff. Ms. Parrino said the applicant would be required to hire a third party consultant as part of the Order. Mr. Lynch moved to continue to 5/22/02. Ms. Feltovic seconded. The vote was unanimous. General Business 242-784 -Partial Certificate of Compliance Request—Lot 18 & 19 Nutmeg Lane NE Engineering) The applicant had requested to continue the hearing to 5/22/02. Mr. Lynch moved to continue to 5/22/02. Ms. Feltovic seconded. The vote was unanimous. 242-862—Partial Certificate of Compliance -Lot 12C, 25 Ogunquit Road (Neve Associates) Ms. Parrino said the site was stable and all work had been completed in compliance with the Order. She said the location of the house had been slightly modified from the approved plan, but that the current location still met the setback requirements. She also mentioned that the drainage structures should be certified under the roadway Certificate of Comliance and should not be certified under this filing. Mr. Lynch moved to issue a Partial Certificate of Compliance for Lot 12C, 25 Ogunquit Road. Ms. Feltovic seconded. The vote was unanimous. 242-847 - Final Bond Release--Settlers Ridge (Zahoruiko) The Order of Conditions was issued on 2/6/97 for the development of an l l-lot subdivision with 6 lots in the buffer zone. Certificates of Compliance had been issued for all 6 lots. A 2,400 s.f. wetland replication area had been constructed and met the performance standards as documented in a final report by Epsilon Associates and reviewed by Ms. Parrino. All work had been completed, but the Commission had held a $1500 bond to allow the replication area to grow for five growing seasons. Ms. Parrino recommended a final bond release. Mr. Lynch moved to issue a final bond release. Mr. Mabon seconded. The vote was unanimous. 242-626— Certificate of Compliance -Lots 1 & 2 Great Pond Road The Order of Conditions was issued on 12/10/92 for the construction of a single family home across the street from Lake Cochichewick and within the buffer zone to a bordering vegetated wetland. Work never commenced on the property, therefore the COC would be administrative stating that work had never commenced. Mr. Lynch moved to issue a Certificate of Compliance for Lots l & 2 Great Pond Road stating that work had never commenced. Ms. Feltovic seconded. The vote was unanimous. 242-0158 - Lot 38, 15 Kittredge Road —Partial Certificate of Compliance This lot is located within the Bear Hill Subdivision. The Order of Conditions was issued in 1982 and the lot was recorded with the subdivision Order. There were no wetland resource areas observed within 100 feet of the site. The Partial Certificate of Compliance 2 6 would be administrative only. Ms. Feltovic moved to issue a PCOC. Mr. Mabon seconded. The vote was unanirrrous. Notices of Intent (s) (coat.) 242-1133 - Lot 5, 95 Lyons Way,_(O_'Neill), (Cuoco & Cormier Engineering) (Cont. from 4/24/02) Ken Lania and Richard O'Neil, the applicant, were present. Ms. Parrino explained that Mr. O'Neil was requesting to modify the drainage by constructing an underground detention basin to level the backyard. The previous drainage design called for an open sedimentation basin behind lot 5. The applicant claimed that flow leaving the outlet structure would be unchanged from the original design. The new design was stamped by Cuoco and Cormier Engineering. Work on this lot and the subdivision was still valid under an extension permit until 11/02 under DEP file#242-0933. Lisa Eggleston had reviewed the site and submitted a report. Couco and Courmier submitted revisions to address Lisa's comments. Ms. Parrino also reviewed the site and recommended issuing a decision with several special conditions in regards to construction and maintenance of the new design. The Commission was concerned that allowing this modification to the original approved design might set precedence for future homeowners to do the same. There was some discussion. Although this concerned the commission, Mr. Masse felt the proposal was site specific and that the new design would still function as required. There was also concern that the Operation and Maintenance Plan would be too great of a burden for the homeowner to comply with. After some discussion,Ms. Feltovic moved to close the hearing and issue a decision within 21 days. Mr. Lynch seconded. The vote was unanimous. 242-1135 & 242-1136—Lot A & B Saville Street RKAKO LLC Michael Seekamp of Seekanp Environmental Consulting was present. John Hargraves and Ken and Rob Ahern were also present. Mr. Seekamp addressed the issues that had been raised at the previous hearing. It had been questioned previously whether the site needed to rnect the stormwater requirements. It was determined that since the project was only a two lot subdivision, that the project was not subject to the stormwater management policy under the state regulations and the local bylaw. Another issue had been the drainage outlet location. The location had been revised to direct stormwater onto Lot B through a stone lined detention pond with an overflow area. The third issue was in regards to whether the isolated wetland was federally jurisdictional. It was determined that it was not under the criteria. Mr. Masse and Mr. Lynch discussed the new storm water design as it pertained to the bylaw. Ms. Parrino asked why stormwater calculations were not submitted and how size of the stormwater structures was determined. She also asked about the depth to groundwater. Mr. Hargraves said that both ponds had a 200,000-cf capacity. He also added that stormwater calculations were done in house, but were not submitted because they were not required. Ms. Parrino asked who would be responsible for maintenance of the systern. The homeowners would be responsible for maintenance. Mr. Mabon moved to close and issue a decision. Ms. Feltovic seconded. The vote was unanimous. 3 242-1138—Osgood, Forest and S. Bradford Street, (DPW) (Weston & Sampson) Jim Finegan, P.E. of Weston & Sampson Engineers, Inc. was present. The project was filed for the installation of sections of water main within the above mentioned streets. Ms. Parrino noted that upon initial review of the project, she found that the abutters list had not been certified. She also said she did not have a chance to look at the site and fully review all the areas. Mr. Masse felt the Commission should continue the bearing, before any discussion, until the receipt of abutter certification so Ms. Parrino could complete her review. Mr. Lynch felt in most cases he would agree, but due to the specific need of water in town, it was important not to hold the project up any longer than necessary. Ms. Feltovic moved to continue to 6/12/02. Mr. Mahon seconded. Mr. Lynch opposed. The vote was 3-1. 242-1140--107 Old Farm Road (Karelas) (Hancock Environmental Consultants) Mr. Masse said that Ms. Parrino was not in conflict with the project because of her previous work at Hancock Environmental Consultants. Mr. and Mrs. Richard and Christine Karelas were present to explain the project. Mr. Karelas said the project was for a 22'x20' addition to their existing home. The addition was outside of the 50' no build zone and Hancock Environmental Consultants had surveyed the wetlands on site. Ms. Parrino said she reviewed the wetland delineation and did not have any issues. She added that there would be no grading associated with the work, thus detailed engineering plans with 2-foot topo contours were not needed. Ms. Parrino recommended the addition be staked and a certified as-built plan be submitted due to the proximity of the addition to the 50' no-build zone (50.5'). She said there was an existing swing set within the 25' no disturbance area and suggested it be removed to make up for the lawn extending to the edge of wetland. Ms. Parrino asked if the addition would be on a grade slab. Mr. Karelas said it would be. Mr. Lynch moved to close and issue a decision. Ms. Feltovic seconded. The vote was unanimous. 242-1141. —230 Abbott Street (Murphy) (Giles) Scott Giles spoke on behalf of the applicant. He explained that the proposed work was for the installation of a sewer line within the shoulder of a common driveway, which would tie into an existing line on Abbott Street. The sewer line would cross over a stream and a corrugated pipe. Ms. Parrino had several concerns. She said the crossing area was extremely limited, as there was only 2.5' of shoulder to the top of bank. She wondered if dewatering would be needed due to shallow ground water depth. Mr. Giles said the water main would be insulated over the pipe with 2 feet of cover, so dewatering would not be necessary. Mr. Lynch suggested the pipe be longer than propsed and sleeved. He was concerned about the pipe freezing. The inverts were discussed, as the water main would be resting just above the pipe with minimal cover. Mr. Lynch was concerned with pipe failure at the brook. He said he would rather have the pipe placed under the brook with 30' on either side of the driveway. Ms. Parrino said the wetlands were not flagged in the field. Jim Burke, an abutter, was concerned with the removal of trees along Abbott Street. She also asked if trees would be removed and if so to have the plans reflect which trees be removed. The applicant agreed to include the wetland flags 4 and tree removal on the plan. Ms. Feltovic moved to continue the hearing until 5/22/02. Mr. Mabon seconded the motion. The vote was unanimous. 242-1142—654 Salem Street(Arsenault) (Giles) No DEP file member had been issued at the time of the hearing. Ms. Parrino said there was a violation on the site, as well as on the neighboring lots. She said each lot had a small bridge over the brook leading to the wetlands and there were large amounts of grass clippings, fill, and leaves in the wetland resource area. There was discussion on how to address the violations in this area. The Commission decided to address the issue in their Order of Conditions instead of under an Enforcement Order. Ms. Parrino said the permit was filed for work on an addition to the existing house located in the buffer zone to an intermittent brook. The intermittent stream is a tributary to Mosquito Brook and the site is on a highly disturbed area. Ms. Parrino said she had no issues with the project. Mr. Lynch moved to continue the hearing to 5/22/02. Ms. Feltovic seconded. The vote was unanimous. NACC 13 - 443 Boston Street (Mongell) (Giles) Scott Giles and John Mongell, the appllicant were present. Ms. Parrino said the Commission previously denied an alternative to the current filing because the proposed porch was in the 50-foot no-build zone. The applicant was re-filing with the proposed porch outside the 50-foot no-build. Ms. Parrino reviewed the wetlands on the site. She questioned the location of one flag, as it did not appear to be accurately depicted on the plan. Scott Giles agreed and explained. Mr. Lynch moved to continue the hearing to 5/22/02. Ms. Feltovic seconded. The vote was unanimous, 242-1147 - 33 Johnson Street (North Andover Youth Center) No DEP file number had been issued at the time of the hearing.-Steve Foster was present to explain the project on behalf of the applicant. The applicant had previously submitted a Request for Determination of Applicability. The applicant had withdrawn the Request for Determination and filed a Notice of Intent for the construction of two lighting poles in the buffer zone to a bordering vegetated wetland. The new application included a cross section detail of the pole light fixtures. The plans submitted had not been stamped, but the applicant was requesting a waiver. No green cards or proof of mailing had been submitted at the meeting. Mr. Foster said he would have the green cards sent to the conservation office. Mr. Foster mentioned that the project would benefit the Town and the plan submitted was based on the plan from Youth Center filing. The Commission felt the plan needed to comply with the bylaw and be stamped. After some discussion, the Commission agreed to accept a stamped plan as a base map and waive the stamp requirement. Ms. Parrino suggested the area in the back of the site be maintained as a natural growth area and suggested more plantings be added to buffer the wetlands. Mr. Foster said he was in favor of the suggestion except that it would be a safety concern for those using the field. Mr. Lynch requested the lights have side shading to deter light from abutters and the wetlands. Mr. Foster agreed. Mr. Lynch moved to continue the hearing to 5/22/02. Ms. Feltovic seconded. The vote was unanimous. 5 G