HomeMy WebLinkAbout2005-03-23 Conservation Commission Minutes ......... .
�E. Conservation Commission Meeting Minutes
`1 W March 23,2005
Members Present: Scott Masse, Chairman, and Albert Manzi, Jr , Vice Chairman, Deborah
Feltovic, and John J Mabon, Sean F McDonough
Members Absent: Joseph W Lynch, Jr , Beth Wescott
Staff Members Present: Alison E McKay, Conservation Administrator, Pamela Merrill,
Conservation Associate, and Donna M Wedge, Conservation Secretary
Mr Henry Fink was present
Meeting Came to Order at 7:25pm Quorum Present.
General Business
242-871, Partial Bond Release, (Berrington Estates)(Mesiti Development
Corporation)(cont. from 2/23/05)(Request to cont. to 4/27/05)
No one was present Present to vote Scott Masse, Albert Manzi, John Mabon,Deborah Feltovic,
and Sean McDonough A motion to continue to April 27, 2005 meeting was made by Mr
McDonough, seconded by Ms Feltovic Unanimous
242-885, PCOC-Roadway & Drainage,(Forestview Estates)(Pulte Homes of New England,
Inc.)(Marchionda)(Cont. from 3/9/05)(Request to cont. to 4/13/05)
No one was present Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic
and Sean McDonough A motion to continue to April 13, 2005 meeting was made by Ms
Feltovic, seconded by Mr Mabon Unanimous
242-855,Partial Bond Release (Forestview Estates)(Pulte Homes of New
England)(Marchionda)(cont. from 2/23/05)(Request to cont. to 4/13/05)
No one was present Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic,
and Sean McDonough A motion to continue to April 13, 2005 meeting was made by Ms
Feltovic, seconded by Mr Mabon Unanimous
242-1099, Extension, (Boston Ski Hill)(Mesiti Development Corporation)(cont.from
2/23/05)(Request to cont. to 4127/05)
No one was present Present to vote Scott Masse, Albert Manzi, John Mabon,Deborah Feltovic,
and Sean McDonough A motion to continue to April 27, 2005 meeting was made by Ms
Feltovic, seconded by Mr Mabon Unanimous
242-1283,Amendment, Turnpike Street (Merrimack Condominiums) (One Hundred
Fourteen Trust)
The applicant Peter Hingoram of One Hundred Fourteen Trust, and Patrick Garner, Company,
Inc was present Ms McKay stated Order of Conditions was issued on 12/29/04 for construction
of two residential apartment buildings under the Chapter 40B statue with associated site work
including the construction of an access road,parking areas, utilities, grading, and stormwater
management systems in the buffer zone to a bordering vegetated wetland In review of the
approved site plans, the applicant has recognized that the driveway/parking/pavement directly
abuts against the 25-foot No-Disturbance Zone for most of the site and that it would be
unrealistic for construction purposes Therefore,the applicant is requesting the following two
amendments to the existing Order of Conditions
1 A five-foot temporary construction easement shall be granted along the entirety of the 25-
foot No Disturbance Zone to allow construction grading, as necessary No permanent
structures or impervious areas will be created within said temporary easement
2 The 6-foot high chain link fence required by the Conservation Commission along the
edge of the 25-foot zone will be installed at 20-foot instead of 25-foot
The staff recommends the condition to read in similar to the above, but as follows a no more
than a five (5)foot temporary the construction easement shall be granted along the entirety of the
25-foot No Disturbance Zone to allow for construction, as may be necessary The Conservation
Commission discussing if this is an amendment or a modification they agreed this would be an
amendment Mr McDonough stated are they asking for a waiver?The Conservation
Commission decided to open the hearing again need to re-advertise and will be opened up during
Public Hearings on April 13, 2005 meeting Present to vote Scott Masse, Albert Manzi, John
Mabon, Deborah Feltovic, and Sean McDonough A motion to re-advertise to continue to April
13, 2005 meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous
242-1288, Modification (Lot 31 Saville Street)(Orange Street Development)(Seekamp
Environmental)
Michael Seekamp of Seekamp Environmental Consulting was present Ms McKay stated the
Order of Conditions issued on 12/8/04 for construction of a single-family dwelling, deck,
driveway, and associated grading and clearing in the buffer zone to a bordering vegetated
wetland The modification requested by the applicant to revise the design slightly to provide
sufficient separation between the existing sewer line and the proposed driveway by adding fill
along the east side of the driveway and constructing a versalok(or approved equivalent) concrete
block retaining wall, as shown on the revised plan dated 2/10/05 All,other proposed work
remains the same as approved The construction of the wall is proposed immediately adjacent to
the erosion controls, which hug the 25-foot No-Disturbance Zone in some locations Four trees
(3 maples & I oak) will need to be removed, as their roots zones significantly encroach into the
retaining wall excavation/construction zone The applicant's consultant (Seekamp) anticipates
that proposed work would create a safety issue by making the trees more susceptible to windfall
Seekamp has prepared a No-Disturbance planting plan as mitigation for removal of the four trees
from the No-Disturbance Zone The mitigation plan consists of in-kind replacement of the trees,
positioned slightly interior to the no-disturb zone, to allow sufficient space for root growth In
addition to the replacement of the affected trees, 5 native shrubs (3 Highbush blueberry & 2
Northern Arrowood) will be planted at the base of the proposed retaining wall within the no-
disturbance zone The applicant has proposed 2 1 mitigation as required The staff is satisfied
with the proposal Mr McDonough stated cutting on the side of the slope Mr Seekamp stated
the retaining wall 4-foot high to the existing stonewall on the property Mr Mabon stated the
field elevation Mr Seekamp stated there was and engineering error for the sewer line Present to
vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, and Sean McDonough A
motion to issue the modification was made by Mr Manzi, seconded by Ms Feltovic
Unanimous
Enforcement Follow-up
Route 125-Chickering Road-DPW
No on was present Ms McKay stated she has sent a letter to MAHighway to inform them of the
problem on the road DPW referred a requested from MAHighway to do some maintenance on
the roadway cleaning catch basins and such Ms McKay stated there is run-off coming from The
North Andover High School onto Chickering Road no stormwater reports for the High School
have been submitted The catch basins must be cleaned no reports in the file. Mr Manzi stated
the High School building came in under budget by 5 million dollars they may not of installed the
interceptors they were approved to be installed Present to vote Scott Masse, Albert Manzi, John
Mabon, Deborah Feltovic, and Sean McDonough
45 Keyes Way
Ben Osgood of New England Engineering was present Ms McKay stated and plan and planting
plan was sent in by Leah Basbanes, have been submitted Mr Osgood stated the applicant
requested to submit and alternate to a chain link fence instead of a wall all around the property
would be very costly Mr Masse stated change the Enforcement Order to a fence Mr Manzi
stated the fence with wetland markers would be fine Mr McDonough was originally a wall 2-
foot high and changed to a 3-foot high chain link fence The Conservation Commission
discussed a performance bond of$ 2,000 needs to be posted as soon as possible Mr Osgood
stated the wall is still being replaced on the side of the driveway Mr Mabon stated to issue a
new Enforcement Order new date March 9, 2005 incorporate into the record a performance bond
needs to be posted as soon as possible Present to vote Scott Masse, Albert Manzi, John Mabon,
Deborah Feltovic, and Sean McDonough A motion to ratify the Enforcement Order was made
by Mr Mabon, seconded by Mr Manzi 3 to 2 vote
44 Mill Road (amended)
No one was present Ms Merrill stated includes new stormwater management and fix the check
dam on the side of the driveway, which is causing major runoff in the street Which abutters have
been calling and complaining about the ice build on the roadway All work must be completed
by May 13, 2005 Present to vote Scott Masse, Albert Manzi, John Mabon,Deborah Feltovic,
and Sean McDonough A motion to ratify the Enforcement Order was made by Mr Manzi,
seconded by Ms Feltovic Unanimous
125 Court Street
No one was present Ms McKay stated this Order of Conditions is expired Former administrator
Julie Vondrak issued an Enforcement Order and a fine of$ 200 dollars was never paid The
applicant is on vacation and will be back next week The Conservation Commission wants
performance bond posted for the amount of$ 3,000 The applicant now would have to post the
bond of$ 3,000 until site is in compliance The previous check was never cashed should be
returned to the Historic Society Ms McKay stated she has not been to the site to see if the site is
stable The Conservation Commission states the site should be stable by now Ms McKay stated
when Julie went out May of 2003 there was exposed gravel and she wanted the area grassed and
stabilized by May 2, 2003 Present to vote Scott Masse, Albert Manzi, John Mabon,Deborah
Feltovic, and Sean McDonough A motion to ratify the Enforcement Order was made by Mr
Manzi, seconded by Ms Feltovic Unanimous
North Andover High School (draft)
No one was present Ms McKay stated a trail was mentioned in the Order of Conditions also
Bird Boxes this has not been done The catch basins no reports that they have been cleaned The
monitoring reports stated there was run-off happening but not directed what areas The reports
for the stormwater should be corrected by next week The No Snow Stockpiling signs just went
up last week A lot of work still needs to be completed on the site The Wetland Markers have
been bought but have not been put up in the field yet The deviancy of the monitoring reports
needs to be corrected Matt Smith of Schofield Brothers is the monitor for the site The
Conservation Commission discussed the deviancy of reports the Wetland Markers are not up,
run-off of the property on to Chickering Road these problems need to be fixed Must submit and
O &M plan by April 6, 2005, the Wetland Markers need to be installed by April 6, 2005 submit
information about the trail system Present to vote Scott Masse, Albert Manzi, John Mabon,
Deborah Feltovic, and Sean McDonough A motion to ratify as dictated the Enforcement Order
was made by Mr Manzi, seconded by Ms Feltovic Unanimous
Foster Farm Fields
No one was present Present to vote Scott Masse, Albert Manzi, John Mabon,Deborah Feltovic,
and Sean McDonough A motion to ratify the Enforcement Order was made by Ms Feltovic,
seconded by Mr Mabon Unanimous
740 Turnpike Street-Mr. Sudsy
The new manager of the property James Domings was present Mr Masse and Mr Manzi
recused from voting and left the room Mr Mabon stated no Quorum to vote Continued to April
13, 2005 meeting
Environmental Monitoring Conditions & EM Report Tracking Procedure.
Ms Merrill stated a draft letter I drafted up letter we have been sending out to the applicants
The process is working because I had received some calls in reponse to the letters being sent out
No Recess
Public Hearings 8:15pm
Requests for Determination of Applicability
100 Candlestick Road(Montuori)(New England Engineering)
Ben Osgood of New England Engineering Services, Inc was present Mr McDonough read the
legal notice Ms McKay stated the filing is for the placement of erosion controls and grading
associated with the installation of a replacement subsurface sewage disposal system in the buffer
zone to a bordering vegetated wetland The replacement system is located outside of the buffer
zone A 30' wide dram easement exists to the to the west of the property The erosion controls
will be installed no closer than 65-feet from the wetland The grading will be no closer than 68-
feet from the wetland A large deck to the rear of the existing dwelling is not depicted on the
plan The deck is within the buffer zone but approved by Richard Doucette in 1994 The
bordering vegetated wetland associated with a well-defined stream located to the rear of the
subject property Plans define this stream as a ditch, which in my opinion is inaccurate The
stream is directly tributary to Cedar Brook Although the USGS map does not indicate this
stream to be perennial, it is in my opinion that if stream stats were conducted, the stream could
show characteristics of a perennial waterway Nevertheless,the status of the stream is not as
concerning for this project since it is a replacement septic system in an already
disturbed/maintained area If plans are not revised to reflect accurate stream definition (not a
ditch) decision should note this discrepancy for the record The bordering vegetated wetland
boundaries delineated by Ben Osgood 2/15/05 The site is not within Estimated Habit The
recommended conditions pre-construction meeting, installation of erosion controls as shown on
plan, installation of wetland markers, post construction Present to vote Scott Masse, Albert
Manzi, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue a negative
determination with conditions, and revised plans with the deck showing was made by Mr Manzi,
seconded by Ms Feltovic Unanimous
Notice of Intent(s)
242-1208,Foster Farm Elementary School (North Andover Building Committee)(DiNisco
Design)(cont. from 2/23/05)
No one was present Ms McKay stated a boilerplate Order has been drafted A complete draft
will be finalized for the meeting of 4/13/05 Present to vote Scott Masse, Albert Manzi, John
Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to April 27, 2005
meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous
242-1279, Willow Street (Chatterjee)(CA Engineering)(cont. from 3/9/05)
Carlos Quintal of CAQ Engineering was present Ms McKay stated the culvert crossing
adequate size to accommodate drainage?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 An additional
measurement should be shown on the plan from Flag# A-20 to the respective building corner A
revised replication plan was submitted and is adequate The Town Planner has informed me that
the Planning Board suggested that the applicant withdraw his application from the planning
board due to lack of response and requested information The applicant has withdrawn his
application with the Planning Board upon their request No plan revisions have been submitted to
date nor were sent to Lisa Eggleston for final comments/review The Engineer& Lisa did speak
previous comments I spoke with Lisa and she said that it would be discretionary on the
Commission as whether they would be satisfied to this point knowing that some remaining items
were still outstanding She said that the plan could be accepted in design concept with conditions
to be met/provided prior to construction She said she would encourage the infiltration footprint
be increased to add conservatism and adding emergency outflow pipe directing the flow to the
detention basin or drainage ditch to the front of the property instead of across the parking lot
Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, and Sean
McDonough A motion to continue to April 13, 2005 meeting was made by Mr Manzi, seconded
by Ms Feltovic Unanimous
242-1296, Molly Towne Road (Chestnut Development, LLC)(West Environmental,
Inc.)(cont from 3/9/05)
No one was present Ms McKay stated at a special meeting on 3/1/05 the Commission voted to
set up Escrow account for$ 5,000 for outside consulting review The Commission prior to
sending the project for outside review requested the revised plans, a waiver request and a more in
depth alternative analysis The Escrow account has been set up, but the requested plans and
information have not been received to date Mr Masse and Mr Manzi recuse from voting No
Quorum to vote Present to vote John Mabon, Deborah Feltovic, and Sean McDonough
Continue to April 13, 2005 meeting
242-1298, Smolak Farms (Smolak)(cont. from 2/23/05)
No one was present Ms McKay stated a site walk has not been conducted as snow cover still an
issue The site walk tentatively scheduled for Tuesday April 5th at 10 30a in unless the
Commission would like to conduct the walk on a Saturday Mike may have a conflict with 4/3/05
and I have conflict with 4/9/05 This Saturday 3/26/05 would be the only other option before the
next meeting The Commission site visits either Wednesday at 6 30 p in April 6, 2005 or Friday
at 6 30p in April 8,2005 Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah
Feltovic, and Sean McDonough A motion to continue to April 13, 2005 meeting was made by
Mr Manzi, seconded by Ms Feltovic Unanimous
242-1301, Lots 43C and 44C Thistle Road (North Andover Land Corporation)(New
England Engineering)
Ben Osgood, Jr of New England Engineering Services, Inc was present Mr McDonough read
the legal notice Ms McKay stated the filing is for construction of two single-family dwellings
(one per lot) with associated driveways, installation of a segmental block retaining wall, utilities
and associated site grading in the buffer zone to a bordering vegetated wetland These house lots
were previously approved under the Abbott Village subdivision filing (242-784) The Order of
Conditions was issued on 6/6/96 and has exhausted both allowable extensions (final extension
expired 6/16/04) The applicant is filing a new Notice of Intent for the lots
Lot 43C
The house is proposed just outside of the 50-foot No-Build Zone with corners proposed at 50 8
foot and 52 foot from the wetland boundary Two infiltration areas are proposed to capture
stormwater These infiltration areas are proposed inside the 50-foot No-Build Zone The utilities
are proposed, but are not depicted on the plan A 17' driveway easement is proposed on the
abutting lot to allow for construction driveway, which is proposed just outside of the 25-foot No-
Disturbance Zone to the front of the lot A 4' high segmental block wall (top elevation 202') is
proposed along the north side of the driveway Immediately up gradient to the proposed wall,the
plan indicates that posts will be installed 5' on center Posts of/for what?Lighting?Fencing?
There appears to be an existing catch basin located approx 30-foot north of the proposed
driveway The erosion control protection should be proposed around this stormwater structure
The erosion controls are proposed around the entire lot and are suitable locations The foundation
drain is directed towards the wetland The end of the pipe is located 30-foot from the resource
area Evergreen plantings are proposed along the driveway easement/property boundary
Lot 44C
The house is proposed outside to 50-foot No- Build Zone buffer zone, with the closest corner
70 3 foot from the resource area Two infiltration areas are proposed to capture runoff and are
proposed outside of the 50-foot No-Build Zone The utilities are proposed, but not depicted on
the plan A 20-foot wide access,utility, and dram easement cuts through the property The
driveway, portions of the driveway of lot 43C, and grading are proposed within the easement Is
this allowable?The foundation drain is directed towards the wetland The end of the pipe is
located approx 33-foot from the resource area The erosion controls are not proposed and are not
necessary around this lot The lots are not located within estimated habitat The wetland
boundary has not been reviewed due to the amount of snow cover at the time the application was
submitted The staff will review boundary for next meeting I question whether there is an
isolated resource area on abutting lot 45 (Map 38, Parcel 329-green), # 22 Thistle Road?
Elevation 196??? I will have a better idea if this is the case during my site review Ben Osgood
has confirmed as well that this may be an isolated wetland and will, if not already, revise plans in
this regard BLSF elevation 196 8 according to the Abbott Village filing BLSF should be
verified and noted on the plan or in the Notice of Intent if applicable DEP number issued but
still under review I have spoken with Ben Osgood, Jr , regarding my concerns and it is my
understanding that they are being addressed and revised plans are to be submitted Mr
McDonough stated to move everything out of the 50-foot No-build Zone Also show all decks,
patios, porches and wooded railings and show them on to the revised plans, are they proposing
any barriers for the filings 6-foot slope here, wetland markers, retaining walls must be added to
the revised plans Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic,
and Sean McDonough A motion to continue to April 13, meeting for revised plans was made by
Mr Manzi, seconded by Ms Feltovic Unanimous
No Decisions
A motion to adjourn the meeting at 10:00pm was made by Mr. Manzi, seconded by Ms.
Feltovic.Unanimous.