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HomeMy WebLinkAbout2005-02-02 Conservation Commission Minutes t` a ' }n Conservation Commission Meeting Minutes February 2,2005 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr , Vice Chairman, John J Mabon, Deborah Feltovic, Joseph W Lynch, Jr Members Absent: Sean F McDonough, Beth Wescott Staff Members Present: Pamela A Merrill, Conservation Associate, and Donna M Wedge, Conservation Secretary Staff Member Absent: Alison McKay, Conservation Administrator Meeting came to Order at 7:05pm Quorum Present. General Business 242-871,Partial Bond Release,Berrington Estates (Mesiti Development Corporation)(cont. from 12/22/04)(Reguest to Cont. to 2/9/05) No one was present A motion to continue to February 9, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1213,Request for a Partial Bond Release, 17 Wildwood Circle (Klipfel)(New England Engineering Services, Inc.) Ben Osgood of New England Engineering Services, Inc was present Ms Merrill stated on behalf of the applicant,New England Engineering is requesting a partial bond release of$1500 The performance outlined in the Order of Conditions was $ 2000 The Order of Conditions authorized the construction of an addition with the Buffer Zone to a Bordering Vegetated Wetland The single-family dwelling predated the conception of the bylaw, and as part of the approval, the applicant was required to restore the 25-foot No-Disturbance Zone (currently as lawn) A Buffer Zone Restoration Plan was prepared by New England Engineering, which detailed 12 saplings (9 white pine, 1 red maple, 2 red oak) The staff conducted an inspection on January 11, 2005 The wetland flags were up, as well as wetland markers The erosion controls were removed The site appeared stable The construction of the addition is completed Eight (white pine) out of the 12 saplings were dead at the time of the inspection New England Engineering documented in the 10/13/2004 monitoring report that several plantings were dead and will need to be replaced The seasonal monitoring reports were to be submitted by the Environmental Monitor for 2 growing seasons Status reports (other than regular monitoring reports) were found in the file This morning I met with Ben Osgood at the site to confirm a measurement in the field We agreed the measurement is 50' from flag A-2 to addition foundation The as-built plan has measurement of 52' from the location The 50' No-Build Zone is still being met A motion to issue a partial bond release of$ 1000 was made by Mr Manzi, seconded by Ms Feltovic Unanimous r 242-1262,Amendment,240 Charles Street(Greater Lawrence Sanitary District)(ENSR) Richard Weare Engineer and Richard Hogan of the Greater Lawrence Sanitary District were present Ms Merrill stated the applicant is requesting an Amendment to several conditions in the Order of Conditions, which was issued on 8/5/04 for the construction of several structural upgrades and process improvements including the installation of stormwater management controls and associated grading within the existing wastewater treatment facility The applicant has appealed the Order to DEP in this regard The staff has been working with the applicant over past few months to discuss the requested amendment The amended conditions have been drafted The applicant requested similar changes to an Order of Conditions issued in 1999 (242- 952) and the Commission voted to accept the amendment Mdny of the request changes in the current draft are exactly the same as the amended conditions under the 242-952 filing The Commission wants more time to review the Amendment to the Order of Conditions A motion to continue to February 9, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-885, PCOC, Lot 42, (21 Advil Circle)(Forest View Estates)(Pulte Homes of New England)(Request to cont. to 2/9/05) David Farrar of Marchionda Associates was present A motion to continue to February 9, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-885,PCOC & Partial Bond Release-Roadway and Drainage (Forest View Estates)(Pulte Homes of New England) (Marchionda Associates) David Farrar of Marchionda Associates was present Ms Merrill stated Marchionda Associates, is requesting a PCOC for the roadways (Amberville Road, Palomino Drive, Garnet Circle & Anvil Circle), as well as 6 stormwater detention basins and sewer pump station This project also qualifies as a limited project (wetland crossing in order to gam access to upland areas) under 310 CMR 10 53(e) As such, the applicant was required to mitigate for 2,519 s f of wetland alteration Therefore, the 2 1 mitigation ratio equals 5,038 s f of restored bordering vegetated wetland (Per Condition# 20) In order to mitigate for impact to wetland wildlife,the replication area shall be supplemented with a series of bird boxes The reports from West Environmental (Envirommental Monitor)were submitted throughout construction documenting the status of the replication area, as well as the site's compliance with the COC Per Condition 35, the applicant was required to secure a Registered Professional Civil Engineer to act as the Project Manager Marchionda Associates, was retained to supervise the contractor and to inspect the site regularly where construction occurred within the Buffer Zone, as well as monitoring the stormwater drainage for proper function Marchionda submitted reports throughout construction, stormwater drainage for proper function Marchionda&Associates submitted reports throughout construction, which also documents compliance with the 0& M Plan Due to the abundance of snow cover, I could not conduct a proper inspection with Marchionda Pulte Homes is anticipating for street acceptance at Town Meeting They are scheduled to appear before the Planning Board on April 1, 2005, for roadway approval The applicant is hoping to have PCOC prior to April I" A motion to set up escrow account in the amount of$ 5000 was made by Mr Manzi, seconded by Mr Lynch Unanimous A motion to continue to February 23, 2005 meeting was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-885, Partial Bond Release, (Forest View Estates)(Pulte Homes of New England) David Farrar of Marchionda&Associates was present Ms Merrill stated on behalf of Pulte Homes of New England, Marchionda&Associates, is requesting a partial bond release of 87, 000 for 29 lots that have received a PCOC (Lots 1,8,9,11-15, 21, 23-25, 27, 28, 32-37, 45-47, 49, 50, 52-55) The amount requested was calculated using the 29 lots x $ 3K per lot= $ 87K To, date the remaining performance bond balance is 127K with approx $5K in accumulated interest The interest will be included in the amount when entire balance is released If the Commission decides to release the 87K, it will leave a balance of$50K Note items without PCOC's included drainage and roadway, and lots 22, 26 (denied), 31 (Playground), and 44A all on Amberville Circle, Lots 38-42, Garnet Circle, Lot 43, Anvil Circle Per calculation sheet wetland replication area$15K,roadway, roadway crossing, and stormwater management structures $IOK, $3K per lot (9lots left) Grand total = $ 52K A motion to continue to February 23, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous Enforcement Order Ratification 1659 Osgood Street Ms Merrill stated she performed a site visit because the applicant put in a request for a building permit for an existing garage A U form goes thru departments to check if they have to file with conservation before doing work I had spoken to the applicant about being careful to stay outside of the 100-foot buffer zone A motion to ratify the Enforcement Order was made by Mr Manzi, seconded by Mr Mabon 3 to I vote Campbell Forest/Webster Woods Open Space Acquisition A packet was dropped of at one of the Commission House with a plan The Commission was reviewing the Open Space Area They were checking out how the property borders Sharpeners Pond Road The area did not include were the Town of North Andover wants to build the Hockey Rink Mr Manzi stated Open Space Donation is not a build able area ever No Recess Public Hearings 8:20pm Requests for Determination of Applicability 544 Foster Street(O' Keefe) (Giles) The applicant Mr & Mrs O' Keefe was present Mr Lynch read the Legal Notice Ms Merrill stated the filing is for a 2' cantiliver of an existing deck structure and enclosure of the deck No additional footings or land disturbance is proposed The cantilevered deck is proposed at 23' from the wetland at its closest point The site was discussed with the Commission last August per the request of the applicant to determine if the Commission would allow cantilever further into the 50' no-build The Commission agreed that RDA should be filed Except for the street frontage, the lot is surrounded by wetlands Therefore, the entire lot is within the 100-foot buffer zone Rocky Brook runs along the eastern property line The inner riparian zone encompasses about 75 % of the lot Based on the FEMA data, the 100-year flood elevation on the site is 124 The existing deck and patio landing (rear bump out) appear to have been constructed with the existing building (date unknown) The plan notes the existing deck is cantilevered However, this is incorrect as at least 8 sonotube footings support the deck and patio A tree house was observed on the site between flags 8 & 9 and is being supported by one in ground concrete block The plan notes that the wetlands were flagged in 2002 I reviewed the line and may not agree with several of the flags Due to the nature of the proposed work and the current weather conditions, I recommend that the wetland boundary be noted as not confirmed if an approval is issued An overlay of the as-built plan of the pervious filing (last revised dated 6/25/02) with the new proposed plan was done to compare wetland boundaries The wetland boundary matches exactly, confirming that changes to the boundary may be possible today, since the boundary was originally flagged in 2001 or before In addition,the overlay indicated that the stairs and the walkway were constructed without a permit sometime after the COC was issued from previous filing in 2002 The stairs and a portion of the walkway are within the 50-foot no- build zone The erosion controls are not proposed None are necessary for the proposed work A previous filing (242-1063) was issued in 2001for construction of the septic system A COC was issued for the work Conditions to include Post construction, submission of an as-built plan, and no dumpsters to be stored within the 50-foot no-build zone A motion to issue a negative determination with conditions pre-construction and erosion controls was made by Mr Manzi, seconded by Mr Lynch Unanimous Lot 2 Summer Street (North Andover Realty Trust)(Christiansen & Sergi) Eugene Willis of Christiansen& Sergi was present Mr Lynch read the Legal Notice Ms Merrill stated the filing is for the construction of a driveway and grading associated with the installation of a septic system for a single-family dwelling The wetland resource area is an isolated vegetated wetland off property and was approved under a previous filing in October of 2003 (242-1217), 30 Springhill Road) The wetland resource area on the property is bordering vegetated wetland and a vernal pool, which approved under an ORAD in July of 2004 (242- 1256) However, all work associated with this proposed construction is outside of the buffer zone to this resource area Proposed work within the buffer zone will be greater than 70-feet from the resource area The erosion controls are proposed along the limit of work (along the existing stonewall &property boundary) The markers should be placed at the rear of the lot to indicate bordering vegetated wetland and vernal pool sensitivity for future homeowners Conditions Pre- construction, markers (of the rear of the lot), Post construction, and As-built plan A motion to issue a negative determination with conditions was made by Mr Lynch, seconded by Ms Feltovic Unanimous Notice of Intent (s) 242-1208, Foster Farm Elementary School (North Andover Building Committee)(DiNisco Design)(cont. from 12/8/04) No one was present Ms Merrill stated a decision would be drafted for next meeting At the meeting of 12/8/04, the Commission requested the applicant's attendance to speak in regards to the status of the project and to answer the Commissions concerns (i e traffic, flooding & Beaver, ect) A letter was written on 1/12/05 to Ken DiNisco and the North Andover Building Committee requesting their attendance Rick Rice called on 1/24/05 to indicate that himself and Mr DiNisco had a conflict with the meeting date and asked to be rescheduled to the meeting of 2/9/05 A motion to continue to February 9, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1279,Willow Street(Chatterjee)(CAQ Engineering)(cont from 11/17/04)(Request to coot. to 2/9/05) No one was present A motion to continue to February 9, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1293, 80 Patton Lane (Palmer)(Kavanaugh) James Kavanaugh Engineering was present Ms Merrill stated the filing is for the installation of a replacement septic system and associated grading within the buffer zone to a bordering vegetated wetland and associated with Boston Brook (RFA) The portions of the site are within floodplam as documented in a FEMA letter dated May of 2003 found in the building file (FEMA flood elevation is at 103) The proposed work will greater than 50 feet from the bordering vegetated wetland and greater than 90 feet from the brook The erosion controls are proposed around the limit of the work(see NOI application for detail) The wetlands were flagged on 10/7/04 by Jeff Orchard, CWS The edge of the seasonal high water of the Brook was also marked and depicted on the plan The wetland boundary was reviewed and I am in agreement with the boundary with the exception of flags W-I I & W-5 The wetland flag W-6 was missing in the field Any flag changes would be minor in nature and would not affect the project It would be extremely difficult to re-confirm the wetland boundary with the wetland scientist given the current snow cover Therefore, I would recommend that the confirmation, or lack thereof, be noted in the Order DEP comments "Must demonstrate how project meet performance standards for work in the Riverfront Area(310 CMR 10 58 (4)" The system is a replacement system and appears to be only suitable location on the lot No alternative9 An existing shed, held up by 9 sonotube footings, is located at the edge of the wetland resource area(also within floodplain& RFA) No building permit was found for the shed The 25-foot No-Disturbance Zone and the 50- foot No-Build Zone were not depicted on the original plans, but have been revised to include these buffer zones The staff recommendations Remove the shed and sonotubes and restore disturbed area, access from the driveway prohibited, and storage of construction equipment/ materials/dumpsters on driveway prohibited The Commission wanted the shed removed or moved outside of the 50-foot No-Build Zone A motion to close and issue a decision in 21 days was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1296, Molly Towne Road (Chestnut Development, LLC)(West Environmental) Mr Masse and Mr Manzi recuse from voting Mr Manzi stated third party review on the wetland line verification by Patrick Seekamp Mr Lynch read legal notice Ms Merrill stated staff has not reviewed the project Recommendation to set up escrow account amount $ 5, 000 for drainage review by a third party consultant Mr Lynch stated no Quorum to vote 242-1294, 1659 Osgood Street(Tyler Munroe) (New England Engineering) Ben Osgood of New England Engineering Services, Inc was present Ms Merrill stated the filing is for installation of a replacement septic system and associated grading within the buffer zone to a bordering vegetated wetland The proposed replacement leach field will be constructed no closer than 63 feet from the wetlands and installation of a new septic tank will be no closer than 107 feet away from the wetlands The proposed grading will be no closer that 50 feet from the wetlands The existing gravel driveway will be replaced in the same location at the new elevations shown on the plan as noted The erosion controls are proposed around the limit of work The erosion controls are proposed within the 25-foot No-Disturbance zone along the upper portion of the existing driveway to accommodate the proposed driveway replacement The wetlands were delineated by Steven D'urso (date unknown) I do not agree with the delineation in several areas Specifically, WF B5 is located on the other side of the stream and not on the side closest to the work In, addition, wetland flag B1 should be located 10-12' upgradient from the current location(after determining this, I observed and old wetland flag in the exact location where the revised flag B 1 location should be) Also, it appeared that wetland flag in the exact location of where the revised flag B-3 was missing in the field at the time of my review I also question the wetland delineation for the reason that another plan dated 9/13/04 by Scott Giles was found in the building file This plan doses not indicate who delineated the wetland but may be different from the delineation of the submitted plan The flag numbers do not match on the submitted plan The scales are different so an overlay of the two plans could not be done The Giles plan was submitted for a building permit for removal of an existing residential 2-stall garage to be replaced with a 53'x 35' garage for commercial use A variance was needed by the Board of Health and was granted Ms Merrill signed off on the building permit on 11/4/04 as she measured 101' from proposed work to the resource area She spoke with Tyler Munroe and said that he would not have to file given that work would be outside the buffer zone,but that erosion controls would be required Mr Osgood' s plan dated 1/11105 indicates that the existing garage is located within the buffer the 100-foot buffer zone to the resource area to the resource area (approx 87 +/-foot away) When I conducted my inspection on 1/20/05, a new foundation was observed within the 100-foot of the resource area in this location It appears Mr Monroe constructed the new garage closer than what was shown on the approved building permit plan, thus work is being done within the buffer zone without a conservation filing Perhaps an amendment can be requested to include this work with the septic project, instead of filing a separate NOI/RDA In addition, no erosion controls were observed on the site as requested by Ms Merrill and the site was observed to contain a significant amount of loose materials running off of the existing gravel driveway It is difficult to determine, given the snow cover, of other areas of the site were unstable I have a drafted Enforcement Order to address this concern and notified the applicant A motion to continue to February 9, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1295, Bridle Path-Lot 20A (Kucharzyk)(Wetland Preservation, Inc.) James Bolduc of Wetland Preservation, Inc was present Ms Merrill stated the plans have been revised to correct the erosion control detail No further concerns The conditions should include staking all house corners and deck prior to construction, markers, interim As-built plan, ect A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous Decisions 242-1292,35 Wright Avenue, (Hanson)(New England Engineering) Ms Merrill stated condition # 54 redirect the discharge water from the pool out side of the 50- foot No-Build zone,No Dumpster within the driveway area, the shed must be moved outside the 50-foot No-Build zone and let the wetland area reestablish on it own A motion to accept the Order of Conditions as drafted and set the bond amount at$2,000 was made by Mr Manzi, seconded by Ms Feltovic Unanimous A motion to adjourn the meeting at 9:45pm was made by Mr. Manzi, seconded by Mr. Mabon.