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HomeMy WebLinkAbout2005-04-13 Conservation Commission Minutes Conservation Commission Meeting Minutes April 13,2005 Members Present: Scott Masse, Chairman, and John J Mabon, Deborah Feltovic, Joseph W Lynch, Jr , and Sean F McDonough Members Absent: Albert Manzi, Jr , Vice Chairman, Beth Wescott Staff Members Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:15pm Quorum Present. General Business 242-885,PCOC-Roadway & Drainage (Forestview Estates)(Pulte Homes of New England, LLC)(Marchionda)(cont. from 3/9/05) David Farrar of Marchionda&Associates, Inc was present Ms Merrill stated on 4/4/05, a site walk was conducted Present on was David Farrar, Marchionda& Associates & David Stilton, Construction Manager, Pulte Homes At that time of my inspection,the roads were being sweep and trash was being picked up throughout the subdivision 4' No snow stockpiling/No Salt Zone' signs were in placed in prominent location within the subdivision in accordance with Condition 465 All (6) detention basins were observed to be stable with grass vegetation with no evidence of erosion The remaining erosion controls along the detention basins, replication area, and the lots with PCOC's will be removed and subsequently seeded within the next week There was a small area along the shoulder of the cul-de-sac on Palomino Drive the had experienced minor erosion from winter snowmelt This area has been re-seeded and stabilized with layer of hay mulch As discussed during our last meeting, West Environmental, Inc submitted the final wetland replication report along with photo log (showing during and post replication construction), which accompanied the replication as-built plan, prepared by Marchionda& Associates The wetland replication area was constructed to have pit& mound topography (utilized the existing trees layer) that closely mimics the adjacent bordering vegetated wetland The replication area was planted on May 7, 2003 West Environmental,Inc asserts there' s a 100 % vegetative coverage with no sign of invasive species in or near the replication area The wetland plant community (as outlined in West Environmental, Inc report) is either FACW or OBL, reflecting wetness that is seasonally to permanently inundate with water During my inspection, I observed the mitigation area holding various amounts of standing water West Environmental, Inc also stated in their report the area exhibits hydric soils The area appeared stable with grasses and sedges I'm confident the replication area will develop with thick, healthy vegetation, as depicted in West Environmental, Inc photo log As part of the Order of Conditions,bird boxes were installed along the perimeter of the mitigation area Also I noted the wetland and open space markers were posted along the limit of clear and the 25-foot No- Disturbance Zone In addition, several marked trails were required to be constructed with 2 pedestrian bridges This condition has been satisfied, and is great connection to Harold State Forest trails Outstanding PCOC' s are 7 single-family dwellings(2 Amberville, 4 Garnet Circle, & I Anvil Circle)and a playground lot(Amberville Circle) Mr Lynch stated before the Town ................. . . would accept the roadway the subdivision needs to be clear of all debris The other house lots without PCOC those would be hydro-seeded and would be coming before the Commission soon Mr Farrar stated yes we would be submitting those requests soon Mr McDonough stated a Homeowners Association would run the subdivision within one month from now Mr Masse stated we need to amend the Enforcement Order to include the Homeowners Association and also need to include O & M plan must be carried out in perpetuity Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to amend the Enforcement Order to require the Homeowners Association would take over the reasonability of the O & M plan must be carried out in perpetuity was made by Ms Feltovic, seconded by Mr Mabon Unanimous Present to vote Scott Masse, Joseph Lynch, Deborah Feltovic, John Mahon and Sean McDonough A motion to issue PCOC for roadway and drainage with the requirement of the Homeowner Association signs an affidavit taking over all the on going conditions with the subdivision was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-885,Partial Bond Release (Forestview Estates)(Marchionda)(cont. from 3/23/05) David Farrar of Marchionda& Associates, Inc 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 the 29 Lots that have received a PCOC (Lot 1, 8 9, 11-15, 21, 23-25, 32-37, 45-47, 49, 50, 52-55) The amount requested was calculated using the 29 Lots x $3K per lot=$87K To date, the remaining performance bond balance of$ 52K Note Items without PCOC' s include drainage& Roadway, and lots 22, 26 (Denied), 31 (Playground) &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 $1 OK, $3K per lot (9 lots left) Grand total=$ 52K Mr Lynch stated need as-built plans showing measurements to the wetland resource areas Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to April 27, 2005 meeting was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1057, Extension Request (Brooks School)(Rist-Frost-Shumway Engineering, P. C.) No one was present Ms Merrill stated the Brooks School is requesting their 2" and final extension request for construction of a new athletic facility and stormwater structures Norse Environmental has been monitoring this site on a weekly basis The wetland line was reviewed and approved last year by Alison McKay as the Interim Conservation Administrator& Julie Vondrak as the Town Planner Therefore, staff was of opinion the review of the wetland line opinion that another review of the wetland boundary was unnecessary I met with Steve Erikson, Norse Environmental,to confirm that the project was in compliance with the Order of Conditions Most of the work within the buffer zone is complete The work associated with the facility is ongoing The erosion controls were recently replaced with no evidence of erosion/siltation towards the wetland Present to vote Scott Masse,Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the 2"d extension was made by Mr Mahon, seconded by Ms Feltovic Unanimous 242-1121, Extension, O Forest Street (Hartigan)(Giles) No one was present Ms McKay stated the Order of Conditions issued 4/30/02 for construction of a single-family dwelling, driveway and associated appurtenances and landscaping activities in the buffer zone to a bordering vegetated wetland The order will expire on 4/30/05 The applicant has requested an extension(requested received on 3/30/05), 30 days prior to the expiration as required in the local regulations) No work has commenced on the site to date and it is my understanding, from Donna,that the applicant did not to commence construction until New England Power Company installed the Maritimes Gas Pipeline The pipeline has been installed, therefore the applicant wishes to move forward with the project A letter was found in the file dated 9/11/02 from the applicant indicating that the utilities for the proposed project were installed over the weeks following, of which Julie approved In as such,underground electric utilities have been installed as indicated?Yes-underground (electric) Only portions of the wetland boundary were approved under the filing, which included flags A3-A9, flag G7-G9, flags G20-G25, and flags G29-G31 The site is within Estimated Habitat and a Certified Vernal Pool is located to the front of the lot Natural Heritage issued letter dated 3/6/02 stating that the project as proposed would not adversely affect the actual habitat of a state—protected rare wildlife species I have not reviewed the wetland boundary as some of the flag numbers were washed away and could not be clearly identified In addition,the site is densely vegetated and is therefore difficult to follow Therefore, I would recommend a site review with Bill Manuell, the wetland scientist who delineated the wetland Pre-construction conditions are boilerplate and include $ 3,000 bond(which was posted on 9/6/02), an erosion control monitor and the installation of the wetland markers along the 25-foot No-Disturbance every 50-foot Condition# 49 of the Order also required a 2-foot high by 2-foot wide stonewall to be constructed along the edge of the 25-foot No-Disturbance Zone This condition also required the applicant to submit a modification request upon completion of the gas line installation, to determine the appropriate location of the physical barrier due to the nature of disturbance that would occur on the property from the gas line activities The condition also allowed the applicant to submit a request to modify the type of fiscal barrier to be installed along the 25-foot No-Disturbance Zone No such modification/information or plans have been submitted to date in this regard Present to vote Scott Masse, Joseph Lynch,Deborah Feltovic, and John Mabon, Sean McDonough A motion to continue to April 27, 2005 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1155, COC, 206 Forest Street(Beach)(Serwatka) The applicant Douglas Beach was present Ms Merrill stated an Order of Conditions was issued for the construction of 2 additions to an existing single-family dwelling and the replacement of the septic system within the buffer zone to a bordering vegetated wetland An inspection was conducted on 4/5/05 All disturbed areas were stable with grass vegetation of wood mulch Measurements right addition to wetland flag A-1 95', left addition wetland flag A-5 124 5' the additions were construction further from the bordering vegetated wetland than originally proposed The applicant submitted monitoring reports The erosion controls were still up, wetland markers were posted along the 25-foot No-Disturbance Zone The setbacks are being met As noted in pre-construction' checklist, erosion controls was originally installed at 23' & 24' in 2 locations As such, it was noted that 2 High Blueberry Bushes should be planted for mitigation purposes However, during my inspection, the applicant informed me that due to the grade change from mowed lawn to the erosion controls, he has not and cannot maintain this area Therefore, this area has re-vegetated itself naturally In my opinion this requirement should be waived Mr Lynch stated the Engineer needs to correct the letter he sent with the COC request Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to April 27, 2005 meeting revised letter was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1167,COC, 150 Old Farm Road (Kanjolia)(Serwatka) The applicant Ravi Kanjolia was present Ms Merrill stated the Order of Conditions was issued for construction of a single stall garage and associated grading within the buffer zone to a bordering vegetated wetland An in house modification was granted to allow the construction of an interlocking retaining wall (to minimize grading) and the extension of the driveway pavement for an additional parking space William Manuel submitted monitoring reports An inspection was conducted on 4/5/05 All disturbed areas were stable with grass The erosion controls were still up at the time of inspection The wetland markers were posted along the 25-foot No- Disturbance Zone The wetland flag A-8 (the closest wetland flag) was missing in the field So I approximated its location to the toe of the slope and took a measurement to the corner of the garage 51', A-9 to the left corner 52 5, A-9 to right corner 55 5' set backs are being met Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to April 27, 2005 meeting for revised letter was made by Mr Lynch, seconded by Ms Feltovic Unanimous Enforcement Order Follow up North Andover High School No one was present Ms McKay stated Matthew Smith of Schofield Brothers has submitted a report that the catch basins have been cleaned The construction is progressing The Bird Boxes information from Matthew Smith would be submitted for the approval by the Conservation Commission The Trail system would require and easement because the trail be on Homeowners land Ms McKay stated any area for the trail would be in a wetland area 125 Chickermg Road MAHighway needs to do some mamtance because of the erosion is happening MAHighway thinks problem created by the sewer project they would be cleaning the area up drainage some sub basin cleaning they need to do silt fence contacted Jack Sullivan and I for guidance Enforcement Order Ratification 125 Court Street The homeowner Robert Allegretto was present Mr Masse stated the bond must be posted for$ 3,000 the fines would be waived as long as you post the Bond Mr Allegretto stated I would be seeding the area tomorrow Mr Masse stated the Commission would hold the check when work completed you would get the check back Mr Allegretto hand delivered a check for$ 3,000 to Ms McKay Present to vote Scott Masse, Joseph Lynch,Deborah Feltovic, John Mabon, and Sean McDonough A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Ms Feltovic Unanimous Heritage Green Condominiums No on was present Ms Merrill the Order of Conditions has expired March 28, 2005 This is issued as a mechanism to ensure compliance and to perform work as approved under the project's Order of Conditions The applicant is required to maintain all temporary erosion controls and to permanently stabilize all disturbed areas against erosion All work approved must be completed by May 27, 2005 Present to vote Scott Masse, Joseph Lynch, Deborah Feltovic, John Mabon, and Sean McDonough A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Mabon Unanimous Appropriation withdrawal/rescind Present to vote Scott Masse, Joseph Lynch, Deborah Feltovic, John Mabon, and Sean McDonough A motion to rescind the appropriation off S 800 for the MACC Annual Conference was made by Mr Lynch, seconded by Mr Mabon Unanimous No Recess Public Hearings 8:15pm 242-1283,Amendment, Turnpike Street (Merrimack Condominiums)(One Hundred Fourteen Trust) The applicant Peter Hingoram and Patrick Garner, Company, Inc was present Ms McKay stated I recommend that condition to read in similar to the above, as follows a no more than five (5) foot temporary construction easement shall be granted along the entirely of the 25-foot No- Disturbance Zone to allow for construction, as may be necessary However,the applicant/contractor shall avoid use structures or impervious surfaces will not be created and/or constructed within said temporary easement Further, changes in grading shall not occur within this easement area unless specifically approved by the Conservation Administrator Upon completion of all required construction,the applicant/contractor shall contact Conservation Administrator for a field inspection to determine the extent of any additional disturbance within the easement area necessary mitigation measures Although the applicant is required by the Town??to plant 18 trees between the edge of the pavement and the 25-foot No-Disturbance Zone I am not clear as to why the fence needs to be installed at 20-foot if the 5-foot easement is to be temporary Recommend the fence be installed at the limit of disturbance To be determined by the North Andover Conservation Commission Per the request,the Amendment has been properly advertised Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the Amendment as discussed was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1279,Willow Street(Chatter_iee)(CA Engineering)(cont. from 3/23/05) Carlos Quintal of CAQ Engineering was present Ms McKay stated Lisa Eggleston has completed final review(dated 4/12/05) and is satisfied that all issues raised previously have been addressed and has no further comments Present to vote Scott Masse, Joseph Lynch, John Mabon, and Deborah Feltovic, Sean McDonough A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Mabon 242-1296,Autumn Chase at Molly Towne Road (Chestnut Development, LLC)(West Environmental,Inc.)(cont. from 3/1/05) No one was present Ms McKay stated revised plans, the Commission prior to sending the project out for review also requested a waiver request and a more in depth alternative analysis Escrow has been set up,but requested plans and information have not been received to date The revised plans were received on 4/8/05 and I have not had time to adequately review them as I was away until 4/12/05 Present to vote Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to May 11, 2005 meeting was made by Ms Feltovic, seconded by Mr Mabon 242-1298, Smolak Farms (Smolak)(cont. from 3/23/05) The applicant Michael Smolak was present Ms McKay stated a site walk conducted on 4/6/05 with Commission and abutters A draft of minutes of the site walk the Commission requested several items, which included information regarding the depth to bedrock in the pond location, drainage calculations for the pond, and soils information for the blueberry fields Mr Smolak has provided this information, with the exception of the drainage calculations, which will provide to the Commission at the meeting Additional information provided included a letter from Tom Zahoruiko regarding the agreement for a 20-foot buffer zone strip along the stonewall of the proposed blueberry field to act as a screen for abutting property owners and Planting and Construction Specifications as well as Operation& Maintenance Procedures of the Pond Present to vote Scott Masse, Joseph Lynch, John Mabon,Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1300,Winter Street-Roadway and Driveway (Elias)(Serwatka)(cont. from 3/9/05) Joseph Serwatka of Serwatka Engineering was present Ms McKay stated the engineer has not attempted to prove that the pond does or does not have Bordering Land Subject to Flooding associated to it The Engineer should try to calculate if Bordering Land Subject to Flooding exists The proposed paved driveway has been designed to utilize existing site conditions, requiring little to no grading change The plans have been revised to show spot grades within the driveway The Planning Board expressed their concerns for emergency vehicles potentially not being able to gain access to the house due to the 10% grade and width of the driveway Therefore,the Planning Board is requesting a comment letter from the Fire Chief relative to these concerns Jack Sullivan the Town! Engineer also requested more stormwater pretreatment such as a catchbasin with a 4' sump and gas hood at low point in driveway (upslope of wetland flag A-6) prior to outlet to infiltrators The plans note sediment/oil separator in this location I asked for Jack' s comments on this The revised plans note that approximately 1400 s f of the 25-foot No-Disturbance Zone will be impacted due to the driveway layout and appurtenances The mitigation area traverses along the west portion of the property (within the 75' Conservation Area) However, the mitigation is proposed at a 1 1 ratio (North Andover regulations require 2 1) and a mitigation plan was not submitted with this filing The plans need to specify mitigation at a 2 1 ratio and a planting scheme should be prepared As requested, the water line has been relocated to the north side of the proposed driveway, above the underground telephone and cable wires and further away from the wetland The driveway is proposed bituminous concrete To date the erosion controls detail has been revised Mr Lynch stated the drainage to the street 6- feet to 3-feet need and infiltrator to pipe rim needs to be changed Mr Mabon stated plantings within the 75-foot Conservation Area Mr Lynch stated replication area should be 2 to 1 also test pits should be done for water table and an operation and management plan for stormwater, also require a copy of the letter from the Fire Chief states the roadway and driveway are ok Present to vote* Scott Masse,Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to April 27, 2005 meeting for test pit information and letter from Fire Chief and operation management for stormwater was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-0000, Winter Street-Map 103, Lot 120 (Elias)(Serwatka)(cont. from 3/9/05) Joseph Serwatka of Serwatka Engineering was present Ms McKay stated no DEP #yet However, the engineer should show measurements from the house, porch, and patio to the wetland line Currently, the plans show measurements from the single-family dwelling to the 50- foot No Build Zone Will there be a drainpipe from the recharge trench that will `day light'?If so should be depicted on the plan Present to vote Scott Masse, Joseph Lynch, 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 242-1301, Lots 43C and 44C Thistle Road (North Andover Land Corporation)(New England Engineering Services, Inc.)(cont. from 3/23/05) Ben Osgood Jr, of New England Engineering Services, Inc was present Lot 43C Ms McKay stated the revised plans depict the utilities The posts are for guardrail What was thought to be a catchbasm is a stone bound not an issue Lot 44C Ms McKay stated portions of the driveway of Lot 43C and grading are proposed within the easement, is this allowable?The wetland boundary was reviewed on 4/6/05 with Ben Osgood, Jr , one minor change An additional flag (9AA)was added approximately 3-feet up gradient between flags 8 & 9 Upon my field inspection it was determined that this area is no question a fairly large isolated wetland system This resource area showed characteristics of possibly being an ephemeral pool Although vernal pool critters were not observed at the time of the inspection, Ben Osgood, Jr , will revise the plan to show the vernal pool setbacks anyway I do believe that the new setbacks would impact the proposed work on this lot The bordering Land Subject to Flooding should be verified and,noted on the plan DEP# issued and no comments were noted A second set of revised plans was submitted addressing the remaining concerns have satisfied myself and the Commission(i e -the location of the gas line on lot 44C, the relocation of the infiltration chambers outside the 50-foot No-Build Zone, the location of proposed decks and wetland boundary/buffer zone changes where applicable At the last meeting Mr McDonough asked about extending the proposed retaining wall around lot 43C up gradient to the 25-foot No- Disturbance zone for a physical barrier Mr Osgood stated that he would look into the option, although the slope proposed would be a 6-foot slope and a barrier may not be necessary with the proposed grade The revised plans do not show an extension of the wall Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-0000, 52 Bannan Drive (Blackshaw)(JM Associates)(Request to cont. 4/27/05) The applicant Thomas Blackshaw was present Mr McDonough read the legal notice Ms McKay stated the filing is for the construction of an inground pool and associated patio, walls, utilities and associated grading in the buffer zone to a bordering vegetated wetland The 25-foot and 100-foot setbacks are not shown on the plan The pool and portions of the cement patio are proposed right at the 50-foot No-Build zone A measurement should be called out from resource area to the pool The proposed work will impact approximately 871 s f of area within the lawn directly beyond the existing paved driveway The size of the pool is approximately 571 s f with approximately 300 s f of cement patio surrounding the pool A 3-foot of pea stone (not cement) area is proposed within the 50-foot No-Build zone and is proposed 46 9' from the resource area There are no alternative locations on the property to accommodate a pool because of the location of the septic system, leaching field, house and drainage easement A fence is also proposed and is shown on the plan(white vinyl picket fence around one side and a black chain link fence around other three sides) Although the plan depicts a fence, it does not specify whether it is proposed or existing Plans should be revised indicating that the fence is proposed I did not review or confirm the wetland flags shown on the proposed plan as part of the Salem Street filing as they did not affect that project(reviewed only up to flag B-6 in July of last year) Flags B-1, B-2, B-3, B-4, &B-5 were reviewed for this filing on 4/6/05 and I did not agree with the wetland boundary Hydric soils, wetland vegetation, and hydrology were present at least 20-feet up gradient to flag B-2 The wetland boundary was found to be upgradient, less than that of flag B- 2, in other locations as well A significant portion of the pool would now be located within the 50-foot No-Build zone Present to vote Scott Masse, Joseph Lynch, 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 242-1302, 430 Pleasant Street (Carlson)(The Neve-Morin Group) John Morin of Neve-Morin Group, Inc was present Mr McDonough read the legal notice Ms McKay stated the filing is for construction of an addition, a garage, a deck, three concrete pads for AC units, a portion of a paved driveway, minor grading activities and the installation of a foundation dram within the buffer zone to a bordering vegetated wetland and associated with Stevens Pond An additional addition is proposed at the front of the property, but is outside of the 100-foot buffer zone The site had recently received compliance in April of 2004 (after discussions regarding the existing dock on the property,that was approved by the Commission and noted on the as-built plan as a modification) The previous filing was for construction of a deck and grading activities Restoration 25-foot No-Disturbance Zone (1,700 s f)was required Wetland markers were also required Upon inspection a site inspection, the plantings were still thriving, but 2 of the 4 wetland markers were found The current applicant is proposing to remove the recently constructed deck and construct a garage in its place The proposed work will be no closer than 66-feet from the bordering vegetated wetland and erosion controls are proposed upgradient to the 50-foot No-Build zone along the entire width of the property(property line to property line) The foundation drain is proposed with riprap apron outfall and is proposed just upgradient to the 50-foot setback The only grading activity proposed will just beyond the proposed driveway limits The proposed work is located in lawn area The wetland flags were missing from the field Flags need to be re-established/re-surveyed prior to construction Mr Lynch stated where is the stockpiling area going to be or being hauled away of site Present to vote Scott Masse, Joseph Lynch,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 242-1305, 89 Milk Street (Highview,LLC)(Seekamp Environmental Consulting) Laurie Powers of Seekamp Environmental Consulting and Blake Adams were present Mr McDonough read the legal notice Ms McKay stated the applicant, Highview, LLC is proposing to construct two single-family dwellings with associated driveways, site clearing and grading within the buffer zone to bordering vegetated wetland and Bank associated to an intermittent stream The bordering vegetated wetland line previously approved under and ORAD (242-1299) on 2/24/05 All the work is proposed outside of the 25-foot No-Disturbance Zone, as depicted by the erosion controls line The single-family dwelling on Lot-40-1 is proposed at exactly 50-foot from the bordering vegetated wetland As such, it should be conditioned that a R L S stake the corners of the foundation prior to the pre-construction meeting, as there is no room for error Will the applicant be proposing any decks? If so, Lot 40-1 configuration would have to shift to accommodate a deck to meet the 50-foot No-Build zone The rooftop runoff will be captured by gutters and discharged to an underground drywell for ground water recharge On Lot 40-1, a fieldstone wall (at approximately 160' in length) is proposed at 28' from the bordering vegetated wetland to demarcate the regulated 25-foot No-Disturbance zone and potential encroachment It's at the Commission's discretion if additional physical barriers (shrubs, extending of the proposed wall) should be installed along LOW on Lot 40-2 I believe that both of these lots are densely to moderately vegetated It is unclear as to where the existing vs the proposed tree line is or will be Specifically,whether the entire Lot 40-2 will be cleared or not It is recommended that defined limit of work be identified behind the construction of the single-family dwelling on this lot This would add protection to the adjacent wetland resource area One this limit is defined, the Commission can better determination if and where the proposed wall should be extended if they desire a barrier Added suggestions would the applicant/commission entertain a possible Conservation Restriction on the properties The plans should be revised to a 20-scale, presently it's at a 40-scale and is a bit difficult to read/review in detail Abutters Present Dan Callan of 56 Milk Street, cutting trees would disturb the Deer and other wildlife Peter Tomasz of 69 Milk Street has concerns about runoff of water in his back yard David C of 44 Chestnut Street has concerns of the sheet flowing of water off the property the catch basin can not catch the heavy flow of water Mr Lynch stated the drainage here should be focused on here also plan 20-scale, certified plot plan, more detail on the side-slope on the edge of the street, should require Medallions on Lot 40-2 warn new owners know there is protected area on the property Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to April 27, 2005 meeting for revised plans was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1303, 195 Bridle Path (Ercolini)(Merrimack Engineering Services) John Murphy of Merrimack Engineering Services, Mr McDonough read the legal notice Ms McKay stated the filing is for construction of a 2 story addition(two stall garage with family room above), open deck, patio, the relocation of steps and a wall and associated grading activities (minor activities associated with the garage/family room addition) in the buffer zone to a bordering vegetated wetland Additional work, including porch and additional patio, 2-story barn, roof dram drywell, crushed stone driveway extension, and additional grading, is proposed on site but is outside the buffer zone Earthwork activities associated with the construction of the additions will be limited to the excavation of frost walls, footings and incidental grading associated with the barn construction No new underground utilities are planned or proposed The work as proposed complies with the 25-foot No-Disturbance setbacks and the 50-foot No- Build setbacks Approximately 1,687 s f of buffer zone will be disturbed The erosion controls are proposed around the limit of work appropriately, but don't appear to be positioned on the site ideally when reviewing plan No soil stockpiling area is shown on the plan recommend a stockpiling area No existing tree lines shown on plan recommend plans show existing tree line The wetland flags previously existed in the field and were surveyed by Merrimack Engineering Services on February 3, 2004 (see note 4 on plan) The wetlands are located Just off property on the property on the property of abutters David Fournier and Conine Yee An GRAD was issued in January of 2004 for David Fournier at 15 Timber Lane(242-1225) The ORAD approved wetlands flags A2, A3,A4, A5, A11, Al2, A13, and A14 only as the other flags were located off property and the applicant did not get authorization from neighbor to verify the wetland boundary off of his property When the two plans were overlayed, the boundary was found to match each other I reviewed the wetland boundary in the field (delineated by N H soil consultants, Inc in June of 2003) and flag A13 was missing and the stub of what I think is A14 is visible only These two wetland flags should be replaced to accurately determine if boundary is still accurately determine if the boundary is still accurate in this location Recommend that the Commission approve flags A13 and A14 only and reference ORAD for other flags The site is not within Estimated Habitat, although the Notice of Intent indicates that it is Mr Mabon stated the boundary meeting setbacks flag A-15 Mr Lynch stated the Commission needs to see a stockpiling area on the plan Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to April 27, 2005 meeting for revised plans and re-flagging, was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-0000, 1025 Osgood Street(Hearthstone Realty Corporation)(MHF Design Consultants) The applicant Eric McCarthy of Hearthstone Realty Corporation and Christopher Tymula of MHF Design Consultants were present Mr McDonough read the legal notice Ms McKay stated the ORAD issued for wetland boundary in September of 2003 The filing is for construction of a 3-story retail/office building, a 25' driveway aisle surrounding the building with associated parking, utilities, and stormwater management structures in the buffer zone to a bordering vegetated wetland The drainage calculations and stormwater analysis submitted with the Notice of Intent The site is within estimated Habitat I have not completed my review of the project Set up Escrow account for third party review on the project stormwater management Mr Lynch stated the compliant overview roof-runoff and stormwater management plan Mr Tymula stated the storage treatment drainage manhole size is for 100-year storm Present to Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to set-up escrow account in the amount of$ 5,000 was made by Mr Lynch, seconded by Ms Feltovic Unanimous A motion to continue to May 11, 2005 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1306, 1160 Salem Street, 1160 Salem Street(Hennessy)(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 the installation of a subsurface sewage disposal system and associated grading within the buffer zone to a bordering wetland The bordering vegetated wetland is located to the rear of the lot and the septic system is proposed towards the front of the property The proposed replacement leach field will be constructed no closer than 64-feet from the wetlands and the septic tank will be installed no closer than 66-feet from the wetlands with a pump chamber 60-feet from the wetlands Associated grading will be no closer than 39-feet from the wetlands Erosion controls (Haybales& silt fence) are proposed just beyond the limit of work and are in suitable locations A soil stockpiling area is also proposed and depicted on the plan Water and gas services will be relocated due to the installation of the system Retaining walls and a new walkway is also proposed The 25-foot No- Disturbance zone is not being upheld and has been maintained as lawn The deck is within the 50-foot No-Build zone, however plot plans in the building file dated 1991 depict an existing wood deck at the time An above ground pool is within the 25-foot No-disturbance zone and is in very close to the resource area The pool is held up by wood ties, which are imbedded in the ground There was no evidence that the pool was permitted in the building/conservation files When was the pool erected?How is the pool being filtered?Most likely draining into the resource area How would the Commission like to address this?I reviewed the wetland boundary and did not agree with some of the flags It appears that the wetland extends into the lawn in several locations I will set up time to meet Ben at the site to review the boundary This property would greatly benefit from buffer zone plantings along the edge of the lawn/existing tree line Recommend some hearty barrier shrubs to be planted along the existing limit of disturbance to deter from further encroachment Ms McKay stated there were hydric soils the wetland had been filled, should be soil samples done, plantings and wetland markers in place Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to April 27, 2005 meeting for review of the wetland line with Ben Osgood, Jr was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1307, Lot 34 Thistle Road (North Andover Land Corporation)(New England Engineering) Ben Osgood, Jr, of New England Engineering Services, Inc was present Ms McKay stated the filing is for the construction of a single-family dwelling with driveway, installation of a 2-foot high dry staked fieldstone landscape wall, installation of infiltration areas and associated site grading within the buffer zone to a bordering vegetated wetland Re-filing for house lot,which was previously approved under 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 on 6/16/04) The applicant is filing a new Notice-of Intent for the lot All setbacks are being met as proposed The front walkway is proposed within 50-foot No-Build zone The erosion controls are proposed along the entire length of and just upgradient to the 25-foot No- Disturbance zone The fieldstone wall is also just upgradient to the erosion controls around the entire lot A wall detail was provided on the plan The plan proposes a brick patio to the rear of the proposed home A soil stockpiling area is also depicted on the plan Replication area appears to be successful I reviewed the wetland line with Mr Osgood and one change was made to wetland flag X4 and plans were revised this change The abutters present Eric Lucluca of Thistle, Linda Schruender of Thistle Road and Jeannine Sullivan of Thistle Mr Lucluca stated the house would be right in my back yard Ms Schmender stated this is a very wet area a lot more water run-off Ms Sullivan stated I have been living here since the development started Mr Lynch stated there is a problem with the driveway gives us an alternative analysis for the positioning of the driveway This driveway you would have to snow blow only Present to vote Scott Masse, Joseph Lynch, John Mahon,Deborah Feltovic, and Sean McDonough A motion to continue to April 27, 2005 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1304, 249 Marbleridge Road (Belford Construction, Inc.)(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 the construction of a driveway, catch basin, stormwater infiltration area, utility installation and site grading associated with the construction of two single-family homes (Lots 1 &2) within the buffer zone to a bordering vegetated wetland An existing house single-family home sits on the 71, 301 s f lot and is proposed to be razed to accommodate 2 house lots Most of the existing lot maintained as lawn The construction of both homes is proposed outside of the buffer zone The Notice of Intent indicates that the site is within Estimated Habitat(WH 458) However, in review of the office NHESP map, it doesn't appear that it is The site is also within the Watershed Protection District and includes the watershed setbacks on the plan The main wetland system is located to the rear of the lot and is associated with an intermittent stream that flows just beyond the bordering vegetated wetland A second bordering vegetated wetland is located across Marbleridge Road adjacent from the proposed driveway on lot 2 The language in the submitted drainage report states that potions of the property, which is currently lawn,will be converted to unused area to provide a buffer zone to the wetlands What does unused area mean9 Check tree line in field?Is 25-foot No- Disturbance zone heavily vegetated or is still lawn? Will existing lawn area be converted to vegetated no-disturb?Up to where will lawn be converted to unused area? The 75-foot Planning Board and Conservation zone,the 25-foot No-Disturbance zone, or neither? The erosion controls (Haybales & silt fence) are proposed just upgradient to the 75-foot Planning Board and Conservation Zone along both of the lots All the setbacks are met as proposed Pre- Development plans were submitted, as well as Detail Plans and a Drainage calculations were provided for both pre and post construction conditions for the 2-year, 10 year, and 100 year storm events The proposed infiltration of roof runoff will reduce the amount of runoff from the site in all storm events so that peak flow rates and volumes will be less than or equal to existing peak flow rates and volumes The stormwater management policy not required for the two house lots under WPA and Bylaw, but is required for the Planning Board for a Watershed Special Permit I have not yet verified the wetland boundaries Lot 1 Almost all the work, with the exception of the proposed 4'-6' Spruce/Hemlock plantings, minor grading activities associated with rear yard and the infiltration area, and the outlet to the foundation drain is proposed outside of the 100-foot buffer zone The outlet to the foundation drain and the overflow infiltration pipe are proposed at about the same location Recommend a riprap apron at the outlet to dissipate flows Portions of the 25-foot No-Disturbance zone maintained as lawn The site could greatly benefit from buffer zone plantings-Verify in the field The soil stockpiling area? Lot 2 The buffer work includes driveway construction, grading activities, portions of the front walkway, utility and catch basin installation, and a grass treatment swale with check dam dissipater A deep sump catch basin is proposed at the driveway entrance and outlet to the water quality swale The erosion controls are extended from the rear of the 2 lots (from the 75-foot Conservation Zone) along the northerly property boundary to the front of the lot In a meeting with the engineer prior to the submission, erosion controls opposite the proposed driveway may not be necessary due to existing water flows, which drain to a low spot at the north east comer of the lot Accordingly, the flows do not cross over the road to the adjacent wetland in that location- To be verified in the field Portions of the 25-foot No-Disturbance zone maintained as lawn The site could greatly benefit from the buffer zone plantings -Verify in the field The soil stockpiling areas Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to May 11, 2005 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous No Decisions A motion to adjourn the meeting at 12:00am was made by Mr.Mahon, seconded by Mr. Lynch.