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HomeMy WebLinkAbout2005-02-23 Conservation Commission Minutes �►u ' ' Conservation Commission Meeting Minutes February 23,2005 Members Present: Scott Masse, Chairman, Deborah Feltovic, and Joseph W Lynch, Jr , Sean F McDonough Members Absent: Albert Manzi, Jr , Vice Chairman, John J Mabon, and Beth Wescott Staff Members Present: Alison E McKay, Conservation Administrator,Pamela A Merrill, Conservation Associate, and Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:00pm Quorum Present. General Business 242-871, Partial Bond Release,Berrington Estates (Mesiti Development Corporation)(Cont. from 12/22/04) No one was present Ms Merrill stated that Christiansen& Sergi just submitted the Request for the COC to DEP It is undetermined at this time when DEP will conduct their field inspection Mesiti has requested to continue until March 23, 2005 meeting Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to March 23, 2005 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1262,Amendment,240 Charles Street, (GLSD)(ENSR)(cont from 2/2/05) Richard Weare of the Greater Lawrence Sanitary District was present Ms McKay stated the applicant requesting to several conditions in the Order of Conditions, which was issued on 8/25/04 for construction of several structural upgrades and process improvements including the installation of stormwater management controls and associated grading within existing wastewater treatment facility Mr Masse stated the applicant must withdraw there appeal with DEP Mr Weare stated we will be withdrawing the appeal with DEP Ms McKay stated there were only language changes no major changes Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to issue the Amendment was made by Mr Lynch seconded by Ms Feltovic Unanimous 242-885,PCOC & Partial Bond Release-Roadways and Drainage (Forestview Estates) (Pulte Homes of New England)(cont. from 2/2/05) No one was present Ms Merrill stated at this time, drainage is still under review by Lisa Eggleston, P E The weather is still posing as a problem, therefore, field inspections have not been scheduled Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to March 9, 2005 meeting was made by Mr Lynch, seconded by Ms Feltovic 3 to 1 Vote Mr McDonough abstained from voting 242-885, Partial Bond Release,(Forestview Estates) (Pulte Homes of New England)(cont. from 2/2/05) No one was present Ms Merrill stated at the last meeting, the Conservation Commission expressed concerns with releasing any bond money until after the PCOC has been issued Nothing new Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to March 9, 2005 meeting was made by Mr Lynch, seconded by Ms Feltovic 3 to 1 Vote Mr McDonough abstained from voting 242-1099, Extension,Boston Ski Hill(Mesiti Development Corporation)(cont. from 2/9/05) No one was present Ms Merrill stated nothing new to date Snow cover is still an issue Mr Masse stated if we continue to March 23, 2005 meeting the Order of Conditions will be expired I want Ms Merrill to write up and Enforcement Order make them comply with the Order of Conditions then we can issue the extension and we want someone present at the next meeting Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to March 23, 2005 meeting was made by Ms Feltovic, seconded by Mr McDonough Unanimous 242-1114, Extension, (Meetinghouse Commons)(Zahoruiko)(Epsilon) Julie Vondrak of Epsilon Associates, Inc was present Ms Merrill stated an Order of Conditions was issued on March 28, 2002 for construction of a 40B development that consists of 46 single- family dwelling (23 of the single-family dwellings are within the buffer zone), 2 townhouses, parking areas, stormwater structures, appurtenances, and 2 wetland crossings(filed as limited project) with associated replication areas Construction began in March of 2004 The Order of Conditions expires on March 28, 2005 The office received the request for an extension on February 9, 2005 A walk through all of the site was conducted on Friday, February 18th Present during this inspection was Alison & Pamela, Thomas Zahoruiko, and Julie Vondrak and Jeff Malloy, Epsilon Associates The site construction relative to grading and utility installation is ongoing The two-wetland crossings, along with the replication areas are completed The frammgs associated with the Townhouses have begun Minor repairs to the erosion controls were noted during our inspection The wetland line was determined to be consistent of the original line Mr Lynch questioned about the snow cover to verify the wetland line Ms Merrill stated the site is cleared which the sun was melting the snow Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to issue the 1-year extension was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1148, Partial Bond Release, 895 Forest Street(Simonson)(Rimmer Environmental, Inc. The applicants Mr & Mrs Peter Simonson were present Ms Merrill stated an Enforcement Order was issued to the Homeowners on April 1, 2002 for altering and maintaining portions of the bordering vegetated wetland and associated 25-foot No-Disturbance Zone without necessary permit The Enforcement Order mandated the homeowners to file a Notice of Intent for restoration activities An Order of Conditions was issued on June 20, 2002, authorized the restoration to the bordering vegetated wetland and buffer zone The Order of Conditions required a$ 3,000 performance bond The applicant to oversee plant installation, in addition to conducting seasonal inspections, retained Rimmer Environmental Consulting, LLC (REC) The plantings were installed in September of 2002 The final report prepared by Rimmer Environmental Consulting, LLC states that both the wetland restoration area and the buffer zone enhancement area has achieved 85%vegetative cover Rimmer Environmental further states that during their October 18, 2004 inspection, the wetland area has rebounded with new growth and the planted herbaceous layer appeared healthy The tree and sapling strata were observed to be thriving as well The buffer zone enhancement area was observed to be almost completely re- vegetated with native herbaceous, shrub, and tree species, and stable against erosion The 25-foot No-Disturbance Zone was demarcated in the field with large boulder wall along with our markers Rimmer Environmental finds that both the wetland restoration area and the buffer zone enhancement area are in compliance with the approved site plan entitled"Wetland Restoration Plan of Land" The applicant is requesting a partial bond release of$ 2,500 of the $ 3,000 bond I conducted an inspection on February 17,2005, at which time I could not verify this due to snow cover However,based on the reports and attached photographs submitted by Rimmer Environmental the areas appear to thriving The applicant will be returning in the spring to request COC Present to vote Scott Masse, Deborah Feltovic,Joseph Lynch, and Sean McDonough A motion to issue a partial bond release of$ 2,500 was made by Mr Lynch, seconded by Ms Feltovic Unanimous Campbell Forest/Webster Woods Open Space Acquisition Ms McKay stated she walked the site the area Parcel 14 Mr Masse stated Mesiti, Attorney would have put a deed restriction on the property Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch and Sean McDonough A motion to accept the donation of the Open Space was made by Mr Lynch, seconded by Ms Feltovic Unanimous Enforcement Order Ratification 45 Keyes Way Ms McKay states the way this violation was found was a request from a buyer of the house I went out to do a site visit and found the backyard had been filled and a wall by the driveway had been removed There was a letter from Michael Howard in the file that requested a wall be installed thru the entire property line easy encroachment on this lot A COC for the Subdivision was issued in 2 years ago Mr Lynch stated a wall around the entire property line at the 25-foot no-disturbance zone plus plantings to restore the disturbed areas Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Lynch Mr Masse stated with changes the Commission has to Amend to vote A motion to amend the Ratification of the Enforcement Order was made by Mr McDonough, seconded by Ms Feltovic 3 to 1 Vote Charles Street (Map 72, Parcel 8)-Matses property Ms Merrill stated the owner of the property at 200 Sutton Street had plowed and dumped the snow in the wet meadow there was a sizeable amount of snow dumped in the meadow Enforcement Order issued states post no Snow Stockpiling Signs also restore the meadow with a meadow seed mix by May 1, 2005 Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Ms Feltovic Unanimous 934 Salem Street Ms McKay stated there was an Enforcement Order issued 2002 for fine of$ 300, by Julie Parrmo fine never paid The owner is William Crabtree there has been no reponse from the applicant no phone call no communication at all with the homeowners I did not mail the Enforcement Order certified mail I was trying a different approach to this matter Mr Lynch stated if the $ 300 is not paid by March 3, 2005, send out Enforcement Order starting from August of 2002 to present This may wake up call for the owner Present to vote Scott Masse, Deborah Feltovic,Joseph Lynch, and Sean McDonough A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Ms Feltovic Unanimous Route 125-DPW Ms Merrill stated the side of the roadway collapsed by McDonalds causing run-off into the wetland areas I hand delivered an Enforcement Order to stabilize the area immediately Mr Lynch stated the sewer project that was done in this area cost the taxpayers of North Andover$ 145, 000 the contactor did a terrible job on this project The Commission discussed whether to ratify the Enforcement Order or continue to the next meeting and have DPW come to the meeting to discuss the problem out there Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion not to ratify the Enforcement Order but have The Department of Public Works be present at the meeting on March 9, 2005 was made by Mr Lynch, seconded by Ms Feltovic Unanimous Encumber Money from the Filing Fee account to pay for MACC Conference A motion to encumber $ 800 from the filing fee account for paying MACC Conference was made by Mr Lynch, seconded by Ms Feltovic Unanimous No Recess Public Hearings 8:10pm Abbreviated Notice of Resource Area Delineation 242-1299, Milk Street, Map 59 Lot 40(Highview,LLC)(Seekamp Environmental Consulting) Michael Seekamp of Seekamp Environmental Consulting and Blake Adams were present Mr McDonough read the legal notice Ms McKay stated the filing is for the confirmation of the wetland resource area and boundaries and applicable buffer zones only No work activities are proposed under this filing 4 33-acre site on Milk Street The site includes bordering vegetated wetland and bank associated with unnamed intermittent stream The water from the site flows from the south of the site to the north via stream The USGS map does not indicate the stream to be perennial However, the stream channel and flow was observed to be significant enough to request stream stats data The applicant's representative was notified to provide this information Seekamp Environmental delineated the resource areas on the property on October 6, 2004 The site is not within estimated habitat I have reviewed and approved the resource area boundaries (wetland flags 1 A&A2 through A 15) The wetland flag A-1 was agreed to be eliminated, connecting flag A-2 to the 1-A at the headwall to the culvert at the road I did not review the wetland flags to the West of the property (Flags 2A through 7A an the unnumbered flags to the north of 7A) The resource area in these locations were flagged previously by a different consultant and future proposed work will not to be located in the upland areas in this location Abutter's Christine Smith and Frank Smith at 60 Chestnut Street have concerns about water problems Mrs Smith questioning the different colors of the flags Mr Seekamp stated we did not flag that area it was some other company Mr Lynch stated the line in green is all the Conservation Commission is approving at this time the soils and hydrology of the soils this is a science Present to vote Scott Masse, Deborah Feltovic,Joseph Lynch, and Sean McDonough A motion to issue the ORAD was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1208,Foster Farm Elementary School (North Andover Building Committee)(DiNisco Design)(cont. from 12/8/04) Kenneth DiNisco of DiNisco Design Partnership was present Mr Lynch stated the Conservation Commission is getting blamed for traffic problems at the High School This is false information we have nothing to do with the traffic problems at the High School Mr DiNisco stated the Conservation Commission is not getting blamed for the traffic problem The election for the president caused very heavy traffic that is because they have everyone in town voting at the High School Mr DiNisco stated the building committee had a meeting the State Representative David Torrisi was present at the meeting funding would be early September 2007 or January 2008 for 75% one time payment of the funding for the school Mr Masse stated concerns from Mr Manzi flooding problems and beaver problems Mr DiNisco stated there are no flooding problems the Beaver problems I have no information on the problem as far as I know about beaver's Mr Masse stated these issues have been raised should be addressed by July of 2005 Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to March 23, 2005 was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1279,Willow Street(Chatterjee)(CA Engineering)(cont. from 11/17/04) Carlos Quintal of CAQ Engineering was present Ms McKay stated the revisions include a reduction in the wetland impact from 600 s f to 239 s f at the drainage swale crossing 609 s f of wetland replication is proposed (2 1 mitigation) west side of the site Is the culvert crossing adequate in size to accommodate drainage? I know Lisa Eggleston expressed the same concern to me a few weeks ago The Engineer to explain if reduction in size can adequately accommodate drainage flows I spoke with Jack Sullivan, the Town Engineer, and he said that the Planning Board's Consultant,VHB, would be looking into that The dumpster has been moved to a location outside 50' no-build as requested The erosion controls are now shown on the plan 1 measurement has been included An additional measurement should be shown on the plan, but from flag #A-20 to respective building corner I have received the plan, but have a few concerns I am following up with Leah Basbanes in this regard The revised plans,Notice of Intent, drainage calculations, and response comments were submitted to address the concerns Lisa Eggleston has reviewed the revised Notice of Intent and plans and sent comments (see attached) Also, in speaking with Lisa Eggleston, she said that the revisions made to the project were much improved and that the stormwater management system conceptually works overall She spoke of missing details(i e -Rip Rap Apron, ect) She also indicated her concern in regards to whether the proposed infiltration system would sufficiently function properly (bottom invert elevation proposed at 100') She added that the Commission could condition soil testing prior to construction to ensure that the proper 2-foot groundwater separation standard would be met Jack Sullivan, Town Engineer, met with the Engineer and asked that 1 a deed restriction be placed on the property relative to proposed box culvert to state that any and all future maintenance/repairs to the culvert be responsibility of the property owner and 2 catchbasin/with a gas hood be placed at the entrance of the site to collect the silt/oil/stormwater which is currently proposed to sheet flow from the site directly onto Willow Street The catchbasin could outlet to a rip-rap apron and water quality swale prior to entering the ditch He also requested a construction detail for this area Our consultant agrees with that these additional items should be provided I recommend a few minor revisions to the plan,which I addressed with the engineer (additional measurement from flag#A-2,revised replication report from Leah Basbane showing correct replication numbers, new 50' buffer zone, ect) These changes have been made and engineer to submit changes to Lisa Eggleston for hopefully the final review Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to March 9, 2005 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1296,Autumn Chase at Molly Towne Road (Chestnut Development, LLC)(West Environmental) No one was present Ms McKay stated the review has not been complete Escrow account should be set up for outside drainage review Recommended amount $ 5,000 The applicant has submitted in writing a request for a special meeting Present to vote Deborah Feltovic, Sean McDonough and Joseph Lynch A motion to set up special meeting on March 1, 2005 at 7 OOpm at 400 Osgood Street was made by Ms Feltovic, seconded by Mr Lynch 242-1294, 1659 Osgood Street(Tyler Munroe)(New England Engineering) Steve Pouliot of New England Engineering Services, Inc was present Ms McKay stated the field changes have been made with the consultant and I am satisfied with the changes The revised plans reflect the flag changes A modified Notice of Intent filing was submitted as requested to include the work associated with the construction of the garage and the additional fee for the work During my inspection with Steve D'urso on Monday 2/7/05, erosion controls were installed as requested Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr McDonough, seconded by Ms Feltovic Unanimous 242-1297, 100 Salem Street(Patenaude)(Andover Consultants,Inc.) William McCloud of Andover Consultants, Inc was present Ms McKay stated the filing is for the construction of a single-family dwelling with appurtenant site work and associated grading in the buffer zone to a bordering vegetated wetland The site is not located in the watershed, within the 100-year flood plain, or Estimated Habitat The proposed dwelling will be connected to public sewer All setbacks are being met as proposed The house corner is proposed 78' from wetland edge A 4" cellar drain is proposed to the rear of the lot Steven Eriksen of Norse Environmental Services flagged the wetlands in December of 2004 The wetland line was reviewed and approved The site is densely wooded with mature growth pines The evidence of wildlife was observed during the site review The erosion controls are proposed around the site along the 25-foot No-Disturbance zone, but on the down gradient side to the limit of clearing I recommended revised plans to show the erosion controls on the up gradient side of the limit of clearing The plans were revised to reflect this change A letter from TEC (Transportation Engineering and Construction, Inc)was submitted on behalf of the abutting property owner, Great Pond Road Realty Trust, stating concerns with the project(see letter for 9 comments) Mr McDonough stated the Commission should require a field stonewall 3-foot to 4-foot high for a barrier around the property from future owners would not encroachment into the 25-foot No- Disturbance zone There also would be less clearing of trees Mr McCloud stated the stonewall would be a costly project would the Commission think post and rail fence would work just as fine Mr McDonough stated the post and rail fence would be fine Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to March 9,2005 meeting for revised plans was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1298,315 South Bradford Street (Smolak Farm) Michael Smolak and Steven Smolak of Smolak Farm were present Ms McKay stated the filing is for clearing of 3 acres of field for agricultural harvesting, the dredging of an irrigation pond, and other agricultural projects with in the buffer zone to a bordering vegetated wetland and associated buffer zones The projects are being filed to create a more viable farm business and involved a series of projects, some of which are new and some of which are improvements to the existing lands and fields The projects are proposed to improve water quality and quantity to reach this goal Most of the projects proposed are allowed under the WPA and are exempt from a filing as they are considered"Normal maintenance of land in Agricultural use"(310 CMR 10 04 Agricultural) The clearing of the field and excavation of a new pond does require a Notice of Intent under the regulations The soils in the proposed pond/resource area location are Wh (Whitman extremely stony loam) DEP comments "Needs 404/401 WQC Must remove material, no pond sides I met with Mike Smolak on several occasions to discuss the projects I also walked the area where the proposed pond will be located with Mike Smolak and Dan Lenthall in August of last year However, I would like to walk the entire site where projects are proposed I also need to get an idea of where the limit of clearing will occur within the field and the proximity of this work to the resource areas Therefore, I recommend a site walk as soon as weather permits Several Abutters,particularly direct abutters on Dale Street and South Bradford Street, have come to me showing concern for these projects Specifically in regards to new water flow direction, if any, drainage to and from existing and proposed waterways from the pond, the effect of grading/clearing of existing field, and proposed pesticide use on the new field (The Conservation Plan addresses the management strategy of the application of pesticides on the (field) Proposed Pond Limited project under WPA regs (310 CMR 10 53 (5) a-f)(" construction of a new ponds of reservoirs") The total impact to the wetland for excavation of the pond will be approximately 16, 000 s f (6,000 s f for the excavated pond itself and a 10,000 s f construction area around the pond) The maximum amount of bordering vegetated wetland alteration allowed under regulations is 20,000 s f (310 CMR 10 53 (5) (e) The pond will be approx 60 x 100 feet and 10 feet deep, providing approx 206, 800 gallons of water Approx 1, 235 cubic yards of material will be removed from the site It is noted on the conservation plan that hay bales or silt fencing should be placed 25-feet outside the proposed excavation area to reduce impacts to the wetland areas outside the construction zone(from the submitted Conservation Plan) The size and shape of the pond was derived based on potential recharge of the surrounding area The wetland where the pond is proposed is noted to be a large shrub swamp system On the Environmental Evaluation data sheet submitted with the filing, it is noted that no fill is planned and all spoils will be removed (I would suggest this be appropriately conditioned, also see DEP comments) An alternative analysis (MA ECS-4)was submitted (wells/drip irrigation vs pond) A summary of Water Needs for Irrigation of the pond was included in the filing Construction specifications and mitigation measures required (10 53 (5)(b2) could be documented more thoroughly in the CP Other Projects The Conservation plan also notes (page 5) that Recreational Trails and walkways will be developed for pedestrian, equestrian, and or cycle travel to provide recreational routes It is unclear as to where these will be proposed (proximity to the resource areas ect) It is also noted on the same page of the Conservation Plan that topsoil will be spread on fields 11, 21, 25, 27, and 34 In addition, the applicant proposes to redirect the drainage swales to the water directly into the pond located in field 16 It is noted that the Conservation Commission must be notified before this work begins Dan Lenthall notes that it is not clear whether the activity of relocating the stream channel into the pond is exempt from the Wetland Protection Act(the stream,pond, and field are considered "land in agricultural use " The construction of a water management system is listed as a"Normal improvement of land in agricultural use in (310 CMR 10 04 (c) g) He states "one can make a case that the relocation of the channel is exempt because it is improving the water circulation of the pond, and not diverting water away from downstream wetland areas He added that the Notice of Intent would be required in the case where water was being redirected or diverted to another drainage area Lastly,the Conservation plan notes that the applicant plans to construct a farm building in field 14 (allowable under (310 CMR 10 04(c)c-the construction of farm structures, does not exceed 4,000 s f and no filling of BLSF to flooding occurs beyond the footprint of the building An abutter Carl Wignam of 79 Dale Street was present Mr Wignam stated I have concerns of diverting of the water if this would cause problems with flooding in the area Also the use of pesticides and the mosquito problem make me very nervous Mr Smolak states that he can have a meeting with Carl Wignam to explain about what we plan to do with this project in more depth Present to vote Scott Masse, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to March 23, 2005 meeting in order to do site visit weather pending was made by Ms Feltovic, seconded by Mr Lynch Unanimous Decisions 544 Foster Street Ms McKay stated conditions a pre-construction meeting, erosion controls A motion to accept as drafted the negative determination was made by Mr Lynch, seconded by Ms Feltovic Unanimous Lot 2 Summer Street Ms McKay states conditions a pre-construction meeting, erosion controls A motion to accept as drafted the negative determination was made by Ms Feltovic, seconded by Mr McDonough Unanimous 80 Patten Lane Ms McKay stated condition to remove the shed,pre-construction meeting and erosion controls, bond amount $ 1,500 A motion to accept the Order of Conditions as drafted was made by Mr Lynch, seconded by Ms Feltovic Unanimous Bridle Path-Lot 20A Ms McKay stated pre-construction meeting, erosion controls,bond amount $ 5,000 A motion to accept the Order of Conditions as drafted was made by Mr McDonough, seconded by Ms Feltovic Unanimous 1659 Osgood Street Ms McKay stated pre-construction meeting, erosion controls, bond amount $ 2, 000 A motion to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr McDonough Unanimous A motion to adjourn the meeting at 10:15pm was made by Ms. Feltovic, seconded by Mr. McDonough. Unanimous.