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HomeMy WebLinkAbout2005-05-25 Conservation Commission Minutes Conservation Commission Meeting Minutes May 25,2005 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr, Vice Chairman, Joseph W Lynch, Jr, Deborah Feltovic, and Sean F McDonough Members Absent: John J Mabon, 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: 7:10pm Quorum Present. Sean McDonough arrived at the meeting at 7:15pm General Business Chairman Election: Mr Lynch stated he is happy the way the Chairman and Vice Chairman have been working I request that the Chairman and Vice Chairman stay the way they are now Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to Re-Elect Scott Masse as Chairman and Albert Manzi as Vice Chairman was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-871,Bond Release,Berrington Estates(Mesiti Development Corporation)(cont. from 4/27/05) No one was present Ms Merrill stated it is underdetermined at this time when DEP will conduct their field inspection Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic and Sean McDonough A motion to continue to June 22, 2005 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1224, COC Request, 0 Brook Street/397 Farnum Street(Farnum)(The Neve- Morin, Group) No one was present Ms Merrill stated an Order of Conditions was issued to Ben Farnum, Jr , on 11/21/03 for the construction of an agricultural water supply pond within the Buffer Zone to a bordering vegetated wetland and within Riverfront associated to Boston Brook The pond was constructed in 2002 under an emergency certification An after-the-Fact Notice of Intent was filed At this time a COC is being pursued A site inspection was conducted on Friday May 20, 2005 All areas appear stable with no sign of erosion The pond was holding several feet of water The Order of Condition did not require as-built plans, however it did require a letter from a Professional Wetland Scientist stating all areas have been stabilized This has been satisfied Present to vote Scott Masse,Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to issue a COC was made by Mr Manzi, seconded by Ms Feltovic Unanimous 1 242-388,PCOC Request,Lot 1 Hawkins Lane (#10)(Smith)(The Neve-Morin, Group, Inc.) No one was present Ms Merrill stated the purposes of requesting a PCOC is to clear the title The Order of Conditions for 242-388 was issued for the roadway and cul-de-sac layout, as well as the drainage, wetland crossing (limited project) and replication area Lots 1-5 were referenced in the Order, however the actual construction of lot 1 was approved under a Negative Determination on August 7, 1991 Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to issue a PCOC for Lot 1, 10 Hawkins Lane only was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1149, Modification & Request for a Certificate of Compliance, Lot 17 Cotuit Street (95-97)(Burke)(Greenland Construction) Ben Osgood, Jr , of New England Engineering Services, Inc and John Burke the applicant's brother was present Ms McKay stated the Order of Conditions was issued in July of 2002 for construction of a single family home, driveway and associated utilities within the Buffer Zone to a bordering vegetated wetland An Amendment was issued by the Commission in February of 2004 allowing the construction of a duplex dwelling in place of the single-family home, an additional garage stall, driveway extension, an additional deck and associated stairway, an extension of the front walkway, a wooden guardrail, and a 4' tall stockade fence The modification submitted for revisions to the approved plan including the following 1 Configuration of the driveway(pulled further from the resource area)2 Addition of riprap on the slope between the boulder retaining wall along the 25-foot No-Disturbance Zone and the driveway 3 An additional two-car driveway on the easterly side of the property 4 The addition of a retaining wall on the east side of the property and 5 Location changes/configurations of the walkways, deck and associated stairway, and landscape retaining walls Ben Osgood, Jr ,was the environmental monitor for the site Only 1 report was found in the file dated September 11, 2004 (although the letter notes that three inspections were done at the time prior to that date) Weekly monitoring reports were required The reference letter also states that the project was constructed in accordance with the approved amended application The 25-foot No-Disturbance Zone and the 50-foot No-Build Zone were met A measurement was taken from wetland flag B 12 to the house corner However, several factors in the field made it difficult for an accurate measurement(flag was found on branch which had broken off original tree limb, the steepness of the slope, 2 measurements had to be taken separately because the fence obstructed a clear path to the house corner) Given these obstacles, I measured the house corner to be 53+/- feet The wetland markers are up the site is adequately stabilized I observed significant silt accumulation at the end of Cotuit Street, which extended past the driveway entrance The affidavit submitted Mr Burke stated his brother would be cleaning up the roadway for no charge Mr Manzi stated this is DPW that sands the roadway should be sweeping the street The applicant is very nice to be cleaning up DPW mess Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to issue the Modification was made by Mr Manzi, seconded by Ms Feltovic Unanimous A motion to issue the COC and bond release was made by Mr Manzi, seconded by Ms Feltovic Unanimous 2 242-885, COC Request & Bond Release, (Forestview Estates)(Pulte Homes of New England,LLC.)(Marchionda) David Farrar of Marchionda Associates, Inc was present Ms Merrill stated Pulte homes of New England is requesting a COC for the entire subdivision, as well as the remaining bond money The 11 remaining lots within Forestview are Lot 2 (pump station), 22, 26, 31 (Playground), 38, 39, 40, 41, 42, 43 and 44A A site inspection was conducted on May 20, 2005 All lots appeared stable against erosion I notified Marchionda Associates to have the applicant remove all remaining erosion controls Lot 26 was previously denied on December 8, 2004 for lack of slope stabilization The applicant installed sod to remedy the erosion problem To date, the sod has taken and the slope is 100% stable Measurements Lot 22-Sono tubes to D 17 52', Single Family Home to D 17 61 7' Lot 38-Single Family Home to 47A 81' Lot 39-Patio block to B73 56', sono tubes to B73 54', Single Family Home to B73 56' Lot 40-Single Family Home to 1376, 69', sono tubes to B76 61' Lot 41-Single Family Home to B80 61 5' Lot 42-Sono tubes to FB6 51 5', Single Family Home-F40 55' Lot 42-Air Conditioner Unit to F28 51 3', Single Family Home to F28 51', Single Family Home to B89 75' Lot 43-Air Conditioner unit to F28 51 5', Single Family Home to F28 51', Single Family Home to B89 75' Lot 44A-Single Family Home to F21 51' Mr Lynch stated the Home Owners Association needs to be informed of the O &M plan that they would take over the cleaning of the catch basins in perpetuity and this needs to be recorded at the registry of deeds Present to vote Scott Masse, Albert Manzi, Joseph Lynch,Deborah Feltovic, and Sean McDonough A motion to continue to June 8, 2005 meeting to have applicant Pulte Homes of New England to notify the Homeowners Association of the on going conditions for perpetuity was made by Mr Lynch, seconded by Ms Feltovic Unanimous Agricultural Lease-Foster Farm Ms Merrill stated that Steven Young paid the fee of$ 50 00 lease to mow Foster Farm Fields Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to ratify the lease to mow the Hay at Foster Farm was made by Mr Manzi, seconded by Ms Feltovic Unanimous Mazurenko Farm-Recent Clean-up and Farm Status Ms Merrill stated the entrance to the field Richard Leonard has no access to mow the lower field We need to refund the fee that he paid because he cannot gam access to the field fee of$ 200 00 Mr Manzi stated I know Richard Brown he owns 8 acres Mr Manzi stated may be we can go for some CPA money for Richard Brown to give the Town of North Andover an easement for access to the property that we own Somebody screwed up here deleted the entrance to the Field by allowing somebody to build a house there and I know whom Also Half Mile Hill the roadway by Childcare Center is eroding and the Commission should go for some CPA money to fix the area with crushed stone to 3 stop the erosion We should install some arrows to show people how to get into Half Mile Hill Enforcement Order Updates 44 Mill Road Ms Merrill stated the Ben Osgood was supposed send in information by May 13, 2005 we did not receive information until May 18, 2005 the Office assisted replacing the grass has been planted The swale down on the end of the driveway is clogged with a lot of debris, which DPW needs to clean out Ben Osgood late in producing an As Built ensures the pitch of the driveway is in incompliance Mr Manzi stated site would have zero run- offs in post construction Charles Street-Map 72 Parcel 8 Ms Merrill stated the applicant applied wet meadow seed mix the Wetland Markers the installation was two days after May 20, 2005 deadline they are incompliance with the Enforcement Order Ms McKay stated the Lawrence Sanitary District is always calling and complaining about water flooding on the roadway and ice in the winter Mr Lynch stated the applicant would have to do a filing for the flooding and drainage problem and Snow Stockpiling No Recess Public Hearings at 8:04pm Abbreviated Notice of Intent(s) 242-1312, 56 Monteiro Way (Keith)(Keep) The applicant Mr Douglas Keith and Jonathan Keep Landscape Architect was present Mr McDonough read legal notice Ms McKay stated the filing for landscaping activities including dense wetland buffer zone plantings and construction of a landscape retaining wall in addition to the replacement of existing stairs and path There are two bordering vegetated wetlands located on the site (south& west of the site) These resource areas were delineated by Seekamp Environmental Consulting in June/July of 2003, which was a requirement under a violation letter issued by the Department on June 30, 2003(The violation was issued to the applicant for conducting unauthorized work including clearing, installation of a wooden fence, and the placement of pea stone to accommodate a swing set within the buffer zone) The Administrator(Julie)required restoration activities to be completed on the site in addition to compliance with several other conditions The applicant has fully complied in this regard Additional native wetland plantings are proposed around the site Restoration plantings are shown on the plan and are listed in greater detail in the project application Plantings will include 13 trees, 43 shrubs, and 45 herbaceous groundcover plantings I have approved the planting plan as proposed The plantings are scheduled for the last week of June or the first week of July The planting holes will be dug by hand with shovels Any excess material will be taken off site The retaining wall will be constructed in place of existing railroad ties and bricks 4 and is proposed approximately 11-feet from the resource area The wall will be 16-feet long x 1-feet wide x 2-feet high to allow the slope to be re-graded along the garage foundation, creating a level area where water could infiltrate rather than run directly to the resource area The wall will be dry-laid The existing deteriorated stairs and path will be replaced The Notice of Intent narrative states that approximately 60 yards of fill would be removed and taken off site to accommodate the wall/stairs identifies that erosion controls will be placed between the work area and the resource area No erosion controls are shown on the plan however The plans are not stamped engineered plans as normally required by the Commission However, I am of opinion that the submitted Landscaping plan is acceptable due to the nature of the work of the proposed work I have no issues A file number has been issued Abutter was present John Carven of 48 Monteiro Way stated my driveway gets a huge pool of water and in the winter time it causes cracks in the hot top This is a very wet area 3 to 4 months for several years I have a pool of water in my driveway I think the problem back in the 1960' s they filled wetland areas to build houses part of the lawn stays very mushy in areas because of the filling of wetlands The builder probably filled an isolated wetland back then Mr Lynch stated if they are lowering the grade that might help your problem with water run-off Also with the new water lines going in the area may also help elevate some of your water problems Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1208, Foster Farm Elementary School (North Andover Building Committee)(DiNisco Design)(cont from 4/27/05) No one was present Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to June 22, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1311, 59 Bannan Drive (Blackshaw)(JM Associates)(cont from 4/27/05)(Request to cont. to 6/8/05) No one was present Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to June 8, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1307, Lot 34 Thistle Road (North Andover Land Corporation)(Cont. from 5/11/05)(Request to cont. to 6/22/05) No one was present Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to June 22, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1304, 249 Marbleridge Road (Belford Construction, Inc.)(New England Engineering Services, Inc.)(cont. from 5/11/05)(Request to cont. to 6/8/05) No one was present Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to continue to June 8, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 5 ............... . 242-1308, 1025 Osgood Street (Hearthstone Realty Corp.)(MHF Design Cons ultants)(Reqpest to cont. to 6/8/05) No one was present Ms McKay stated escrow account recently set up No comments from Lisa Eggleston to date The applicant has requested a continuance to the meeting of June 8, 2005 Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to June 8, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1296,Autumn Chase at Molly Towne Road (Chestnut Development, LLC)(West Environmental, Inc.)(cont. from 5/11/05 No one was present Mr Lynch stated no Quorum to vote Continued to May 31, 2005 at 120 Main Street Present to vote Joseph Lynch,Deborah Feltovic, and Sean McDonough 242-1313, 509 Waverly Road (Highview,LLC.)(Seekamp Environmental Consulting) Michael Seekamp of Seekamp Environmental Consulting was present Mr McDonough read the Legal Notice Ms McKay stated the applicant had previously filed an amendment under 242-1174 (Lot4) & 242-1175 (Lots) in April of this year At the last meeting of 4/27/05,the Commission determined that a new Notice of Intent would was more practical since proposed revisions were numerous The Commission also determined that a new Notice of Intent that would combine both pervious filings would be better administratively Therefore the applicant withdrew the amendment without prejudice Significant design changes since the former filings were approved Specifically, the project has been redesigned to include 11 attached units (Townhouses) in a cluster development (40B application), in place of previously approved duplexes (reduced from 16 as originally proposed) 5 buildings & 11 units Additional changes include construction of a 24' wide subdivision roadway in place of the approved 16' wide access driveways, stormwater management structures, including infiltration and stormceptor units and a detent pond?? (Not called out on the plan or referenced in the cover letter), additional grading, landscaping,parking, and retaining walls Parking shall consist of 11 garage spaces and 14 surface spaces for a total of 25 parking spaces (2 27 per unit) The new design adheres to the 25-foot No-Disturbance Zone and 50-foot No- Build Zone setbacks, with exception of the versalock retaining wall located at the base of the limit of grading associated with building# 1 Construction of this wall is necessary to prevent impacts to the 25-foot No-Disturbance Zone associated with the grading to accommodate change in elevation from the point of access on Waverly Road to the rear to the lot A waiver request for the wall was included in the application The applicant proposed an aggressive landscaping plan for the site, which includes planting approximately 70 trees and approximately 1, 000 shrubs, majority of which are located within the 100-foot buffer zone A drainage report was submitted with the application, but does not include any revised stormwater management forms or an Operation and Maintenance Plan(O& M plan submission also required in the Zone Board of Appeals decision) Several Snow Storage Areas are proposed around the site The resource areas were approved under a Determination of Applicability issued on 6/13/02 delineation by Seekamp Since the Determination of Applicability will expire in a few weeks, I would 6 recommend a site visit with Seekamp to ensure flagging is still visible and to re-confirm the boundary Many abutters concerns on previously approved filings The Zoning Board of Appeal's granted approval for the comprehensive 40B,permit on March 3, 2005 VHB conducted the Zoning Board of Appeal' s independent technical review I obtained a copy of the decision from the Zoning Board of Appeal's Mr Lynch stated test pits should be done in the area The stormwater the hydrology of the areas The Commission needs to have a third party review of this project A motion to set up escrow account for the review from third party for the Stormwater Management Plan in the amount of$ 5,000 was made by Mr Manzi, seconded by Ms Feltovic Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to June 22, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous Albert Manzi,Jr. left the meeting at 8:55pm. Decisions 242-1309,Winter Street-Roadway Ms Merrill stated for the roadway bond amount$ 4,000, installation of a field stonewall, markers along the driveway, boiler plate stormwater management but the home owner would have to take over the O& M plan for perpetuity The plantings would be monitor for two years 4 reports spring and fall reports Mr Lynch stated the Order of Conditions should the same conditions in both orders Present to vote Scott Masse, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to accept the amended and as drafted Order of Conditions was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1300, House map 103 Lot 120 Ms Merrill stated the bond amount would be $ 3,000, restoration behind the house establish site plan of house incorporate with roadway The O & M Plan for perpetuity, exactly like the other Order of Conditions for the roadway Present to vote Scott Masse, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to accept the amended and as drafted Order of Conditions was made by Ms Feltovic, seconded by Mr Lynch Unanimous A motion to adjourn the meeting at 9:30pm was made by Mr. Lynch, seconded by Ms. Feltovic. Unanimous. 7