Loading...
HomeMy WebLinkAbout2005-04-27 Conservation Commission Minutes Conservation Commission Meeting Minutes April 27,2005 Members Present: Scott Masse, Chairman, Albert Manzi, Jr, Vice Chairman, Joseph W Lynch, Jr, Deborah Feltovic, and John J Mabon Members Absent: Sean F McDonough, 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: 7:05pm Quorum Present. General Business Meet& Greet Town Manger& Chairwoman of the Board of Board of Selectman. The Town Manager, Mark Rees, and the Chairwoman of the Board of Selectman, Rosemary Smedile was present Also present was the Director of Community Development, Heidi Griffin Mr Rees and Mrs Smedile greeted the Conservation Commission Mrs Smedile thanked the Commission for their hard work and asked them to try and help the residents through the process since many people are unfamiliar with all the regulations Mr Lynch stated that he had strong concerns about the way in which certain things were being handled in Town He stated that there is a lack of communication between the Selectman and the Conservation Commission He also discussed his displeasure about the hockey rink and the fact that the Selectman did not wish to renew his term on the Conservation Commission and added that is was a political move to try and push him out because of an article in the paper He said that he was very upset by how the Conservation Commission keeps getting blamed for the roadway entrance to the new High School He stated that it had nothing do with the Conservation Commission and even the engineer who had designed the roadway was of that opinion He added that opening up the rear parking lot would help alleviate the problem He stated that he had served on the Commission for over 10 years and was appalled by way the Town Manager and Selectman were handling issues He also felt that the decision to put a Town Meeting Warrant Article to amend the Bylaw exempting the Town from complying with the bylaw was unacceptable He added that town counsel even shot the hockey rink down because there had been only one bidder He said he was outraged about the bylaw amendment warrant article He said that North Andover's Wetland Bylaw was known as a model bylaw for other communities He reiterated the nonsense of how the blame seems to always fall on the Commission and felt that recent issues have become an out of control attack on the Commission He stated that he has donated many years and hours of service on the Commission and said felt very mistreated Mrs Smedile recognized Mr Lynch's points and stated that the Selectman was not trying to place blame on/or attack the Commission He stated that such problems had gone too far and felt the culmination of events were a political and personal attack Mrs Smedile reassured Mr Lynch that this was not the case, but that the Selectman were concerned about The Commission being too stringent 242-1108, COC, 119 Old Farm Road (Buxton)(Neve-Group,Inc.) No one was present Ms Merrill stated the project consisted of the construction of a grass swale, located at the edge of the driveway to the adjacent to a bordering vegetated wetland, in order to alleviate on-going flooding Plantings were also required along the 25-foot No-Disturbance zone At the time of original inspection (10-8-04), the plantings appeared healthy with no sign of stress The applicant first applied for a COC in October of 2004, but was subsequently denied for lack of monitoring reports The pre-construction sheet did not comment did not document who the monitor would be, and therefore, the administrator at the time did not require one, even though one was required under the projects Order of Conditions The reason why this item on the table is based on discussions from a previous meeting regarding the boilerplate condition of an environmental monitor The NACC opposed to having that condition boilerplate, as some projects do not warrant one, and offered to waive the monitoring requirement for previously denied projects, if recommended by staff Therefore, I am in the opinion that based on the notes in the file, the Administrator at the time did not enforce an environmental monitor for this project, consequently no reports were ever submitted Neve-Morin submitted as-built plans and a letter of compliance with the original COC request As such, I find this project warrants such a waiver Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion of waiving the condition #47 for the monitoring reports but must pay$ 100 before the COC is released was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1221, COC, 701 Forest Street (Martin)(Giles)(cont. from 3/9/05) No one was present Ms Merrill stated an Order of Conditions was issued to allow the construction of a cantilever addition with foundation and associated grading within the buffer zone to a bordering vegetated wetland The applicant retained Wetland Preservation,Inc as the Environmental Monitor The reports were submitted throughout the construction and stabilization process. A site inspection was conducted on Friday, March 4, 2005 The wetland flags were up The wetland markers were up and located along the 25-foot No-Disturbance zone Measurements taken on 4/4/05 A-6 to foundation-54' The NACC continued this because staff could not verify site was stable with grass vegetation A follow-up inspection was conducted on Wednesday, April 20, 2005 All disturbed areas were well stabilized against erosion I authorized the homeowner to remove erosion controls Present to vote Scott Masse,Albert Manzi, John Mabon, and Deborah Feltovic A motion to issued the COC and bond release was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1155, COC,206 Forest Street(Beach)(Serwatka)(cont. from 4/13/05) Joseph Serwatka of Serwatka Engineering was present Ms Merrill stated this item was continued from last meeting for lack of compliance letter from the engineer To date,Joseph Serwatka submitted signed and stamped letter stating work was completed in compliance with the Order of Conditions Present to vote Scott Masse,Albert Manzi, John Mabon, and Deborah Feltovic A motion to issue the COC and bond release was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1167, COC, 150 Old Farm Road (Kan.jolia)(Serwatka)(cont. from 4/13/05) Joseph Serwatka of Serwatka Engineering was present Ms Merrill stated this item was continued from last meeting for lack of compliance letter from engineer To date,Joseph Serwatka submitted a signed and stamped letter stating the work was completed in compliance with the Order of Conditions Present to vote Scott Masse,Albert Manzi, John Mabon, and Deborah Feltovic A motion to issue the COC and bond release was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1121, Extension,0 Forest Street (Hartigan)(Giles)(cont. from 4/13/05) The applicant Mr James Hartigan was present Ms McKay stated I reviewed the wetland boundary with Bill Manuell of Wetlands& Land Management,Inc on 4/21/05 and the boundary is consistent as it was previously approved Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to grant one-year extension was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1099, Extension,Boston Ski Hill(Mesiti Development Corporation)(cont. from 3/23/05) Edward Callan of Mesiti Development Corporation was present Ms McKay stated the wetland boundaries were reviewed on 4/22/05 and were found to be consistent with the approved delineation Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to grant a one-year extension was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-885, Partial Bond Release, (Forestview Estates)(cont. from 4/13/05) No one was present Ms Merrill stated Pulte Homes is requesting a partial bond release of 97K for the 29 lots that have received a PCOC (lots 1, 8, 9, 11-15, 21, 23, 27, 28, 32-37, 45-47, 49, 50, 52-55) The amount requested was calculated as follows 29 lots x 3K per lots=87K To date the remaining performance bond balance is $127K If the NACC releases the $87K, it will leave a balance of$40K without interest Per the Commission's request at our last meeting, all remaining lots without PCOC were to be inspected for setback compliance I conducted a site inspection on April 13, and April 26, 2005 on lots 38-42 Garnet Circle, lots 22, 31 Amberville Circle and lot 43 Anvil Circle All lots are measured to be in compliance with project's Order of Condition Present Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic A motion issue a partial bond release of$ 87K was made by Mr Manzi seconded by Ms Feltovic Unanimous 242-871,Bond Release, Berrington Estates (Mesiti Development Corporation)(cont. from 3/23/05) No one was present Ms Merrill stated the applicant request to continue to May 25t'meeting Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to continue to May 25, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-158,PCOC, 46 Pine Ridge Road-Lot 5 (Cannon) Raymond J Cannon, Jr , Attorney at Law was present Ms McKay stated an Order of Conditions was issued on September 8, 1982 for the construction of Bear Hill A PCOC is being requested in order to clear the deed for selling purposes Per condition 18(a)work on several lots, including lot 5 was not authorized under this filing, and a new Notice of Intent was required for additional work on these lots Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to issue PCOC for Lot 5,46 Pine Ridge Road only was made by Mr Manzi, seconded by Mr Mahon Unanimous 242-236,PCOC, 46 Pine Ridge Road-Lot 5 (Cannon) Raymond J Cannon, Jr , Attorney at Law was present Ms McKay stated in the Order of Conditions was issued on October 12, 1984 for construction `The Pines' A PCOC is being requested to clear the deed for selling purposes Per condition 4 18, several lots including Lot 5 would require and RDA filing if work proposed on these lots Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to issue PCOC for Lot 5, 46 Pine Ridge Road only was made by Mr Manzi, seconded by Ms Feltovic Unanimous Agricultural Leases Richard Rogers was present Ms Merrill stated the mowers think the fees are to steep for the hay they mow Mr Manzi stated we can lower the to cost to $ 25 00 acre They should agree with that fee Mr Manzi stated Half Mile Hill cutting hay only for 1-year lease Enforcement Order Follow-up DPW-Chickering Road MAHighway sent in information stating they think the sewer line was the problem of erosion on the edge of the Highway MAHighway would be doing maintenance of catch basin so they would be fixing this area while doing maintenance North Andover High School Fredric King of Schofield Brothers and Paul Szymanski Director, Management Support Services was present Mr King stated there is no good area to construct a trail in the area it would be all in the wetland areas Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to amend the Enforcement Order to remove the requirement of a trail at the North Andover High School was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-885, (Forestview Estates) Ms Merrill stated we need to ratify the Amended Enforcement Order A motion to ratify the Amended Enforcement Order was made by Mr Mabon, seconded by Ms Feltovic Unanimous Enforcement Order Ratification 45 Keyes Way(Restoration) Ms McKay the Commission accepted changing to a chain link fence at the last meeting rather than stone field wall all round the property line The original Enforcement Order stated stonewall but modified to include a stonewall or 3-foot chain link fence The applicant posted the bond amount of$ 2,000 The Enforcement Order had all the work to be done by to be done by May 15, 2005 Present to vote Scott Masse, Albert Manzi,John Mabon, and Deborah Feltovic A motion to Amend the Enforcement Order change the date of completion from May 15, 2005 to June 15, 2005 was made by Mr Mabon, seconded by Ms Feltovic Unanimous No Recess Public Hearings 8:40 pm Request for Determination of Applicability 206 Dale Street(Ni_jomi Realty Trust)(New England Engineering Services, Inc.) Ben Osgood, Jr of New England Engineering Services, Inc was present Ms McKay stated the filing is for construction of a deck on sono tubes, and installation of a new foundation footings and frost wall within the buffer zone to a bordering vegetated wetland The deck sono tubes are proposed at 53-foot from the wetland flag A7 at its closest point The erosion controls will be placed along the 50-foot No-Build zone A designated soil stockpile has been depicted on the plan at approximately 100-foot from the bordering vegetated wetland The wetland line was confirmed in the field by staff Wetland flag A-6 was missing in the field and on the plan Staff required to have A-6 located in the field and to be reflective on the record plan Portions of the bordering vegetated wetland has been historically maintained as mowed lawn A pre- construction meeting should be conditioned as part of the determination of applicability Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to issue a negative determination with condition including pre-construction meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous Notice of Intent (s) 242-1208, Foster Farm Elementary School(North Building Committee)(DiNisco Design)(cont. from 3/23/05) No one was present Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to continue to May 25, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1309,Winter Street-Roadway (Elias)(Serwatka)(cont. from 4/13/05) Joseph Serwatka of Serwatka Engineering was present Ms Merrill stated during the last meeting,the Commission wanted requested the following information. test pits information relative to estimated groundwater for the purposes of the soil/sediment separator, show more detail of the separator on the plan, submit an O & M Plan, and show location and planting list of the required mitigation Joseph Serwatka submitted the revised plan, buoyancy calculations, and an O & M plan on Monday, April 25, 2005 The revised plans show the driveway/roadway has shifted slightly to the northern property line (stonewall), therefore reducing impervious surface in the 25-Foot No-Disturbance Zone by 650 s f Approximately 750 s f of the 25-foot No- Disturbance Zone will be impacted during the installation of the 24"perforated pipe an associated separator A 2 1 mitigation plan (1500 s f of mitigation) is provided on the plan Upland trees and shrubs are also documented on the plan Per Lincoln Daley Town Planner, plantings can be placed with the 75-foot Conservation Area I cannot validate the buoyancy calculations, as such, I would defer this item to either Joseph Lynch and or Jack Sullivan The O & M Plan appears to be sufficient, but again, I would defer this item to Joseph Lynch and/or Jack Sullivan The only missing piece of information is the results of the test pits I have no further issues Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to continue to May 11, 2005 meeting was made by Mr Mabon, seconded by Ms Feltovic 2 to 1 vote 242-1300 (Map 103, Lot 120)(Elias)(Serwatka)(cont. from 4/13/05) Joseph Serwatka of Serwatka Engineering was present Ms Merrill stated the revised plans have been submitted show measurements from the bordering vegetated wetland to the single-family dwelling, patio, and deck as requested Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to continue to May 11, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1311, 59 Bannan Drive (Blackshaw)(JM Associates)(cont. from 4/13/05) No one was present Ms McKay stated I have not received any revised plans or any new information and the applicant have requested a continuance to the meeting of 5/11/05 Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to continue to May 11, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1302, 430 Pleasant Street (Carlson)(The Neve Morin Group)(cont. from 4/13/05) John Morin of Neve-Morin Group, Inc was present Ms McKay stated the wetland flags were missing from the field The flags need to survey prior to construction The review of the revised plans submitted showing the reconfiguration of the proposed additions and decks The plan was also revised to incorporate grading changes to provide a more usable rear yard The revisions to the plan also include 2 (3' high max) fieldstone retaining walls and associated stairs Does the Commission consider the stairs to the far rear a landscape feature? These stairs are located 31' from the wetland resource area All required setbacks are met as proposed Condition erosion controls to wrap along each property line and soil stockpiling area Mr Morin stated the changes are walkout area retaining walls 2-foot the closest to the 63-foot away for the wetland resource areas Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1305, 89 Milk Street(Highview)(Seekamp Environmental Consulting)(cont. from 4/13/O5 Michael Seekamp of Seekamp Environmental Consulting, Inc and Blake Adams was present Ms McKay stated the limit of work called out and proposed 2' high stonewall extended around corner on lot#40-1 as requested The revised plan in a 20-foot scale as requested Conditions- stake house These items have been depicted on the revised plans Abutters concerned with house configuration on lot#40-1 House configuration meets Conservation setbacks, so Commission can't require applicant to reconfigure Revised plans depict the same configuration of the house, with the exception of an extension to the proposed driveway At the last meeting the Commission and some abutters raised questions regarding the grade along the driveway of lot# 40-2 (proposed 8"higher than existing grade) No comments from DEP An abutter Jenny Marino states the way the house is being positioned I object this would lower the property value of the abutters houses very ugly setbacks Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1303, 195 Bridle Path (Ercolini)(Merrimack Engineering Services)(cont. from 4/13/05) John Murphy of Merrimack Engineering Services, Inc and Steve Erickson of Norse Environmental Services, Inc was present Ms McKay stated the revised plans depict a soil stockpiling area At the last meeting,the Commission requested that the plans be revised to show a soil stockpiling area, the Planning Broad 75-foot Conservation boundary, and the northern extension of the wetland boundary Plans have been revised depicting these changes The wetland boundary was extended and located at an approximate location to the north of wetland flag A14 as requested The boundary is off property therefore no flags were hung However, the boundary was determined using GPS measurements and I was present during this determination I am comfortable with the location of the extended wetland boundary in this location, as the Commission may have done on similar situations Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1306, 1160 Salem Street(Hennessy)(New England Engineering Services)(cont. from 4/13/05) Ben Osgood, Jr of New England Engineering Services,Inc was present Ms McKay stated at the last meeting, the Commission determined that since the pool has been in place for at least 10 years that it was allowed to stay Mr Mabon discussed conditioning hearty plantings along the edge of disturbance Mr McDonough stated that he was more in favor of conditioning a fence at the edge of the disturbance Mr Osgood,Jr and I met at the site and agreed to several wetland changes Revised plans have been submitted The 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 No comment from DEP Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous ti 242-1307, Lot 34 Thistle Road (North Andover Land Corporation)(cont. from 4/13/05) Ben Osgood Jr, of New England Engineering Services, Inc was present Ms McKay stated at the last meeting,the Commission had concerns regarding the proximity of the driveway to the 25-foot No-Disturbance zone and requested that alternative house/driveway layouts be submitted The revised plans have not been received Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to continue to May 11,2005 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1310, 145 Carlton Lane (Schwanbeck)(New England Engineering Services) Ben Osgood, Jr, of New England Engineering Services, Inc was present Mr Manzi read the legal notice Ms McKay stated the filing is for construction of an addition, the relocation of an existing septic tank and associated site grading in the buffer zone to a bordering vegetated wetland The addition will be constructed in place of an existing deck, which will be removed All the work will take place outside of the 50-foot No-Build zone The addition will be no closer than 55-foot from the wetlands and the septic tank relocation will be no closer the 83-foot from the wetlands The erosion controls are proposed around the limit of work and are in a suitable location A soil stockpiling area is also depicted on the plan The wetland boundary was reviewed and approved The wetland is very well protected No violations found on site Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1174 & 242-1175,Amendment, 590 Waverly Road (Lot 4 & 5)-Waverly Oaks (Highview LLC)(Seekamp Environmental) Michael Seekamp of Seekamp Environmental Consulting was present Mr Manzi read the legal notice Ms McKay stated made a preliminary review of the application and I am of the opinion that a new Notice of Intent should be filed, as the changes are significant Mr Seekamp withdraws without prejudice Abutter Christopher Waszczuko was present Decisions 242-1283, Route 114/East of Berry Street(Hingorani) Ms McKay stated the temporary 5-foot at completion of the construction condition# 65 permanent fence 6-foot high fence will be installed around the entire site, and upland seed mix would be required, 18 trees would be required to be planted Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to accept Amended Order of Conditions as drafted was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1298, Smolak Farm (Michael Smolak) Ms McKay stated 61A project of on going agricultural consider limited project, which, is exempt from the Local Bylaw and The State Act A pre-construction meeting and a schedule of the different work Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to accept the Order of Conditions as drafted was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1279,Willow Street(Chatter_iee)(CAQ Engineering) Ms McKay stated the monitoring fulltime of the wetland crossing No Snow Stockpiling Signs and No Salt Signs removal of snow off site The bond amount$ 10,000 Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to accept the Order of Conditions as drafted was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-1301 Lots 43C & 44C Thistle Road (North Andover Land Corporation)(New England Engineering) Ms McKay stated this is a boilerplate Order of Conditions Bond amount set at 6,000 Present to vote Scott Masse, Albert Manzi,John Mabon, and Deborah Feltovic A motion to accept the Order of Conditions as drafted was made by Mr Mabon, seconded by Mr Manzi Unanimous A motion to adjourn the meeting at: 11:30pm was made by Mr. Mahon, seconded by Ms. Feltovic. i