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HomeMy WebLinkAbout2002-07-24 Conservation Commission Minutes Conservation Commission Meeting Minutes t DPW Conference Room Jul 2002 y 24, Members Present: Scott Masse, Chairman, Albert Manzi Jr., Vice Chairman, Deborah Feltovic, and Joseph Lynch Members Absent: Robert Mansour, Beth Wescott, John Mabon, and Julie Parrino, Conservation Administrator Staff Present: Alison McKay, Conservation Associate and Donna Wedge, Conservation Secretary The meeting came to order at 7:00 PM General Business 242-784—Modification,Lot 26 Thistle Road (Abbott Village) (Osgood) (Request t Cont. to 8/14/02) The applicant had requested to continue the project. Ben Osgood, the applicant's engineer, had been on vacation and was unable to re-establish the wetland flags as required. Mr. Manzi moved to continue the hearing to 8/14/02. Ms. Feltovic seconded the motion. The vote was unanimous. 242-784—Modification,Lot 40C Thistle Road (Abbott Village) (0sgood) (Request t Cont. to 8/14/02) The applicant had requested to continue the project for the same reason as mentioned above. Mr. Manzi moved to continue the hearing to 8/14/02. Ms. Feltovic seconded the motion. The vote was unanimous. 242-896—Modification, PCOC, & Bond Release,285 Summer Street,Lot I (Lemonias Development) (Merrimack Engineering) Anthony Donnato of Merrimack Engineering was present on behalf of the applicant. The applicant had submitted a request for a modification documenting the changes made from the original approved plan which included the construction of several small stone retaining walls, a slight change in garage slab elevation, and a slight change in the rear deck corifiguation. The changes still kept compliance with all setbacks. Also submitted were three additional copies of the topographic as-built plan. Ms. Feltovic moved to adopt the modifications and grant the Partial Certificate of Compliance. Mr. Manzi seconded. The vote was unanimous, 242-1036 & 242,-1080 -Modification, 1070 Osgood Street LNeve Associates) The Order of Conditions issued for the project permitted utility access. The modification proposed was for a change in the utility route closer to the wetland resource area, but would still meet all setback requirements with limited vegetative disturbance. The applicant had submitted stamped plans. Ms. Parrino recommended approving the 7/24/02 Conservation Minutes modification along with requiring the plantings that were proposed. Ms. Feltovic moved to accept the modification. Mr. Lynch seconded the motion. The vote was unanimous. 242-823 -Modification & COC 2060 Turnpike Street Stewart Upon review of the site, changes were discovered from the original plans including the construction of several retaining walls and a rock wall to the rear of the property. It was requested that the applicant submit this modification along with the COC request. The site was inspected and stable. Ms. Feltovic moved to accept the modification and issue the Certificate of Compliance. Mr. Lynch seconded the motion. The vote was unanimous. 242-982 -Extension, Equestrian Drive (Welsch) The Order of Conditions was issued on 10/20/99 for the construction of a single family home and septic system. The septic line and leach field required a small wetland crossing. The crossing has been re-established with herbaceous wetland plants; the woody plants have died. It was also observed that the erosion controls needed to be replaced in several areas, especially at the driveway entrance. There were no obvious siltation problems observed. Ms. Feltovic moved to continue to 8/28/01 so that the haybale.replacement could occur prior to the issuance of the extension. Mr. Lynch seconded the motion. The vote was unanimous. 242-022 PCOC, 266 Granville Lane, Lot 37 (Willis) The Order of Conditions was issued on 10/17/77 with several extensions granted as part of the Farr Subdivision. The applicant was requesting a Partial Certificate of Compliance to clear the deed. There were no jurisdictional areas on the lot. All lots in the subdivision were included as part of the Order. There were no special conditions attached to lot 37 and the site is stablized. Ms. Feltovic moved to issue a Partial Certificate of Compliance. Mr. Lynch seconded the motion. The vote was unanimous. 242-1122—COC 500 Great Pond Road North Andover Country Club The Order of Conditions was issued on 2/28102 for repairs to an existing pool facility. A minor change was made to the fence configuration and was approved administratively by Ms. Parrino. The site was inspected and is stabilized. Ms. Feltovic moved to issue the Certificate of Compliance. Mr. Lynch seconded. The vote was unanimous. 242-1045—Modification North An , o Andover High School (Schofield Brothers) ,,. Fred King of Schofield Brothers was present to discuss the modification. The Order of Conditions was issued on 3/1/01 for the construction of a new highschool. The applicant was requesting to replace the stormceptor units with proposed CDS technology, which is an equal alternative. The applicant had submitted informational packages about the new technology. The Commission had received these in their packets. Mr. Lynch questioned the new technology and how DEP felt about the technology. Mr. Masse suggested setting up an escrow account for an outside review by Lisa Eggleston of Eggleston Environmental. Mr. Manzi moved to set up a$1,000-escrow account for Lisa Eggleston and to continue the hearing to 8/14/02. Ms. Feltovic seconded the motion. The vote was unanimous. 2 7/24/02 Conservation Minutes _... Ratification, 127 Bridle 242-1032—Enforcement Orderle Path (Chatson) The Enforcement Order was issued on 7/15/02 for the violation of an existing Order of Conditions issued on 12/20/00. The Order was for the regrading of the rear yard only in order to alleviate a drainage problem within the buffer zone to a bordering vegetated wetland. Upon a site inspection on 7/12/02 and an in-house file review, it was determined that the applicant had been in violation of the Order, specifically conditions #27, 31, 32, 36, 37, 38, 39,40, 41, 42, 43, 44, 46, 47, 49. In addition, unpermitted activities were also observed including the filling of the wetland resource area, clearing of the buffer zone, installation of an underground drainage system, and construction of a play area. The Commission agreed that fines should be levied from, at a minimum, the date the enforcement order was issued until a date certain was determined from the start of the violations. Mr. Manzi moved to ratify the Enforcement Order. Mr. Lynch seconded the ratification. The vote was unanimous. • The Commission took a ten minute recess 8:00 p.m.—Public Hearings Request(s)for Determination of Applicability 100 Andover By-Pass (Mesiti Development) (Marchionda) Cont.) Paul Marchionda of Marchionda Associates was present to discuss the project. Mr. Lynch had raised concerns at the last hearing regarding snow stockpiling on the site. The applicant had continued the hearing to discuss alternatives with his client on the issue of snow removal or snow stockpiling. Mr. Marchionda indicated that there were signs on the site indicating a no snow stockpiling area and that there were designated snow stockpiling areas proposed on the plan. Mr. Lynch reiterated his concerns. He felt that the site would be more confined by the proposed garage, making snow removal more difficult and wanted to be certain that there would be no impact to the resource area. The Commission discussed whether a RDA filing would be adequate or if a NOI should have been filed. The concern had been that the proposed RDA would need special conditions attached to it, making a RDA filing illogical. Mr. Masse read an abutter's letter into the record. Mr. Manzi moved to issue a negative determination with conditions. Ms. Feltovic seconded the motion. Possible conditions were discussed and it was determined that there would be too many conditions for a RDA. The motion failed. Mr. Masse suggested the RDA be turned into a NOI. All pertinent materials would be required, however local filing fees would be waived and legal readvertising, and abutter notification would not have to be prepared. The applicant was conducive to this alternative and would file a NOI under the proposed suggestion. Mr. Manzi moved to continue the hearing to 8/14/02 with a decision with conditions ready for the next hearing. Mr. Lynch seconded the motion. The vote was unanimous. Johnson Street Gasline Project (Northstar Industries, Inc) Gary Jacob of Northstar Industries, Inc. was present to discuss the project. The applicant proposes to replace approximately 1/z mile of a natural gas distribution line along a portion of Johnson Street between Rea Street and Oakes Drive to improve service to the 3 7/24/02 Conservation Minutes area. Construction activities would be limited to the road and the presence of curbing along the route would keep resource area impacts to a minimum. A RDA was filed under the state only. The project was exempt under the local Bylaw as the work involved replacement of existing utility lines (section 178.3). The project is also considered a Limited Project under the state regulations (310 CMR 10.53 (d)) for the construction and maintenance of underground utilities. The resource areas along the route included BVW's, the Riverfront Area of Mosquito Brook and its associated bank, and the buffer zone of a pond. The wetland delineation was reviewed and there were no discrepancies. All of the flags were visible and labeled correctly. Mr. Lynch moved to close and issue a negative determination with special conditions (pre-construction meeting and the placement of erosion controls). Mr. Manzi seconded the motion. The vote was unanimous. Notice of Intent (s) 242-1138—Woodchuck Hill Substation Mass Electric HB Cont.from 7/10/02 Dan McIntyre of New England Power Company was present. The hearing had been continued to finalize Ianguage in the decision pertaining to the Conservation Restriction. Ms Parrino recommended setting a date as to when the Restriction would be put in place. She advised not to condition the Restriction upon receipt of a COC in case they never request one. Mr. Masse, Ms. Parrino and the applicant agreed to finalize the language in the Order of Conditions and have the decision ready in 21 days. Mr. Lynch moved to close the hearing and issue a decision. Mr. Manzi seconded the motion. The vote was unanimous. 242-1149— Cotuit Street (John Burke) (New England Engineering) (font, from 6/12/02) ..— Ben Osgood Jr. of New England Engineering Services was present to discuss the project. The proposed work entailed the construction of a single family home, deck, and driveway in the buffer zone of a BVW. The 25-foot and 50-foot setbacks have been met. The deck is proposed at the edge of the 50-foot No-Build zone. A 2-foot high boulder wall behind the house was also proposed. The wetland line was reviewed and approved up to flag B 16. The other flags shown on the plan were not applicable. Revised plans were submitted showing the stone wall along 25-foot No-Disturbance Zone. Louise Carvalho of 107 Cotuit Street was concerned about additional water flowing onto her property from the project. She said her land directly abuts the site and that her property already receives a lot of water. Mr. Osgood said that engineering and grades on the site would keep all water on the proposed site and would not divert water elsewhere. Mr. Manzi moved to close the hearing and issue a decision. Ms. Feltovic seconded the motion. The vote was unanimous. iNeve Associates) (Cont.42-1154— 103 Lost Pond Lane Bielick ) ( from 7/10/02)_ The project was for the construction of an addition and deck to an existing house in the buffer zone of a BVW. The hearing had been continued because the site had been subject to a review by The Natural Heritage and Endangered Species Program and had not been received. The Natural Heritage and Endangered Species Progam had completed their review since the last hearing and had no comments or concerns. Ms. Parrino had 4 7/24/02 Conservation Minutes recommended previously to reestablish a No-Disturbance Zone upgradient of flag 206 and to place plantings along the 25-foot No-Disturburbance zone to prevent future encroachment. The homeowner indicated that the encroachment was due to beaver activity in the area. Mr. Manzi moved to close the hearing and issue a decision with conditions. Mr. Lynch seconded the motion. The vote was unanimous. 242-1151 —429 Marblerid a Road (Barry) (Cont. from 7/10/02 Ms. Barry was present to discuss the project. The project had been continued to revise the plans. The Commission denied the waiver for the front addition in the 50-foot No Build Zone at the last hearing. New plans were submitted removing the front addition and indicating that the addition would be above the existing garage within the same footprint. This change would keep all work outside the 50-foot No-Build. The wetland line had been revised per Ms. Parrino's recommendation letter. Ms. Feltovic moved to close the hearing and issue a decision with special conditions. Mr. Lynch seconded the motion. The vote was unanimous. 242-1152—Blue Ridge Road Pump Station DBT Corp.) (Hayes EngineeringInc. Cont.from 7/10102) Peter Tedesco . _of Mount Vernon Advisors, Inc. was present to discuss the project. The hearing had been continued for review. Mr. Tedesco said work included fence replacement, construction of a gravel drive and construction of a force main bypass on an existing pumping station located in the Riverfront Area and the buffer zone to a BVW. Work would be within existing disturbed areas of the 25 and 50-foot setbacks. The repair work would take about 2 to 3 days. The wetland line had been reviewed and approved. Revised plans had been submitted showing a dewatering detail and a change in haybale location. Ms. Parrino recommended a$5,000 bond per the recommendation letter. Mr. Lynch asked that some sort of berm be placed around the area as a permanent containment. Mr. Lynch moved to close the hearing and issue a decision with special conditions. Ms. Feltovic seconded the motion. The vote was unanimous. 242-??? — 193 Gray Street (Twadelle) The hearing had been continued because a DEP file number had not been issued and for further wetland review. The applicant had recently submitted revised plans and they could not be reviewed in time for the hearing. The applicant has requested to continue the hearing to 8/14/02 because of this. Mr. Lynch moved to continue to 8/14/02. Ms. Feltovic seconded the motion. The vote was unanimous. 242-1.155--206 Forest Street each Serwatka Cont.from 7110/02 Joseph Serwatka of Serwatka Associates was present. The hearing had been continued because the DEP file number had not been issued. The decision had been drafted. Ms. Feltovic moved to close and issue the decision. Mr. Manzi seconded the motion. The vote was unanimous. 242-1156— 129 Forest Street (Tricket) (Griffin Engineering) Thew applicant was resent for the hearing. The applicant pp p g. proposes to construct several additions to an existing single-family dwelling within the buffer zone of a BVW. The 5 7/24/02 Conservation Minutes existing home was developed in the early 90's with an Order of Conditions issued on 8/22/91. At that time, a 25-foot no disturbance area and a 35-foot no construction zone had been established. The existing deck had been part of the original proposal. There had also been a 595 s.f. wetland disturbance and restoration area for the sewer line construction. A modification was issued on 4/29/92 for the construction of several retaining walls on the lot. A COC was issued on 10/20/93. The applicant was requesting a waiver from the 50-foot No-Build Zone for a new mudroom and laundry room in the area of the existing deck. The new garage addition and the new step entry are proposed outside of the 50-foot No-Build Zone. The project and the wetland delineation had not been fully reviewed by Ms. Parrino or Ms. McKay. Ms. Feltovic moved to continue the hearing to 8/14/02 for review. Mr. Manzi seconded the motion. The vote was unanimous. 242-1157 - Eastside Interceptor High Street Relief Sewer (DPW) (Guertin Elkerton) Lou Mammolette of Guerkin Elkerton was i11i1i present to discuss the project. The project was for approximately 2,000 linear feet of 24" PVC to replace an existing sewer in the same trench, approximately 1800 linear feet of 24"PVC along previously unsewered roads, installation of 21 manholes and a pipe jacking under a culvert and Cochichewick brook. The work would be conducted within the limits of the roadways and previously disturbed areas. Ms. Parrino recommended in her letter that the Environmental Monitor be on site at all times during the crossing to supervise dewatering activities, The crossing would be extremely close to the BVW and the brook near wetland flags 16 & 17. Current conditions are overgrown with invasive plants. No tree removal will be required per Ms. Parrino's comments. Ms. Parrino also suggested the 25' no disturbance area be revegetated. The monitor should be on-site at all times. Ms. Parrino had no issues with the wetland delineation. Mr. Manzi moved to continue the hearing to 8/14/02 for further review and for a DEP file number. Ms. Feltovic seconded. The vote was unanimous. Decisions were discussed and signed. Meeting Adjourned at 10• M Approved by; Scott Masse, Chairman 6 7/24/02 Conservation Minutes