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HomeMy WebLinkAbout2005-06-08 Conservation Commission Minutes `e , Conservation Commission Meeting Minutes June 8, 2005 Members Present: Scott Masse, Chairman, and Albert Manzi,Jr ,Vice Chairman, Joseph W Lynch,Jr , and Deborah Feltovic, John J Mabon, and Sean F McDonough Members Absent: 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. Mr. McDonough stated the Conservation Commission when there is a flag in the room the Commission should say the Pledge of Allegiants like the Children do at the beginning of the School Day. All Land use Boards should be required to make this part of the start of there meetings. A motion to require the Pledge of Allegiants at the start of every Conservation Meeting was made by Mr. Manzi, seconded by Mr. McDonough. General Business 242-885, COC Request & Bond Release (Forestview Estates)(Pulte Homes of New England,LLC)(Marchionda)(Request to cont. to 6/29/05) No one was present Ms Merrill stated the applicant request to continue Present to vote Scott Masse, Albert Manzi, Joseph Lynch,John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to June 29, 2005 meeting was made by Ms Feltovic, seconded by Mr Manzi Unanimous 242-1148, COC Request& Bond Release, 895 Forest Street(Simonson)(Rimmer Environmental) The applicants Mr &Mrs Simonson was present Ms Merrill stated an Enforcement Order was previously issued for the unauthorized clearing and filling within to a bordering vegetated wetland and its associated buffer zone without and Order of Conditions The Enforcement Order mandated the homeowner file a Notice of Intent for restoration activities Subsequently, an Order of Conditions was issued on June 20, 2002 The wetland restoration and the 25-foot No-Disturbance Zone (approximately 4596 s f in size)were planted in September 2002 Rimmer Environmental monitored the 2 mitigation areas for the last 2 years The reports and photographs were submitted to this office at the end of each growing season The final report, dated November 8, 2004 (final inspection conducted on October 18, 2004) indicates the restoration area has reached an 85% vegetative cover The wetland restoration area has rebounded with thick herbaceous layer Furthermore, the existing tree and shrub layer is thriving The restoration area of the 25-foot No-Disturbance Zone was also determined to be thriving showing an 85% survival rate All planted saplings and herbaceous material were also thriving Large boulders and conservation markers were in placed between the edge of lawn and the 25- ' 1 foot No-Disturbance Zone, in order to permanently demarcate this project area from future encroachment Staff conducted a site inspection on Friday, May 20, 2005, at which time the restored areas were flourishing with herbaceous material The planted saplings and shrubs also show signs of new growth and showed little to no sign of stress It was apparent that deer have migrated through this area and have been feeding on some of the shrubbery However, I am confident that both areas will continue to flourishes throughout the growing season The restored wetland exhibited signs of hydrology, such as standing water and water stained leaves Invasive species were not observed at or near the restoration area The As-Built plans were consisted with the approved plan The setbacks are being maintained Measurements taken from wetland flag EWL A7 to existing garage 85' EWL B9 to existing garage 73' Present to vote Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the COC and $500 00 and interest was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1260, COC Request, 72 Sugarcane Lane (Curtin)(New England Engineering, Services,Inc.) No one was present Ms Merrill stated and Enforcement Order was issued to homeowners of 72 Sugarcane Lane for tree cutting and filing activities within the Buffer Zone without an Order of Conditions The Enforcement Order required homeowner to cease and desist, immediately install erosion control and to file a Notice of Intent An Order of Conditions was subsequently issued on August 4, 2004 for re-grading of the backyard and installation of a landscape-retaining wall associated with the existing single-family dwelling An inspection was conducted on June 3, 2005 The limit of work was installed along the 25-foot No-Disturbance Zone/toe slope The 2 1 slope has been permanently stabilized with stone riprap All disturbed areas were stabilized against by means grass and wood mulch A picket fence and a row of 34' tall hemlock saplings along the top of the slope create a permanent barrier between the lawn and wetland resource area The AS-Built plans are consistent with the approved plan Setbacks are being maintained Markers are installed alone the 25-foot No-Disturbance Zone Ben Osgood was retained as the Environmental Monitor However there were no reports found in the file Due to the type of project, it is recommended that this requirement be waived Present to vote Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the COC and bond release was made by Ms Feltovic, seconded by Mr Manzi Unanimous Mazurenko Farm-Recent Clean-up and Farm Status Report Ms Merrill stated 10 Volunteers worked on a clean-up cut back some bushes cleaned up a lot of trash, leveled the parking lot Ms Merrill showed the Conservation Commission some pictures before and after the clean up The trails have been deleted from the parking lot area because of beaver dam the trails are under water The Haverhill Sign Company is making a new sign for Mazurenko Farm the sign that is there now is very small you cannot even see the sign Haverhill Sign Company is donating the sign to the Town of North Andover Mr Manzi stated the Volunteers should be shown appreciation for what they accomplished The Board of Selectman should honor the volunteers Mr Mabon stated we should appropriate some money out of the Filing Fee account the by a Plaque to 2 honor the volunteers and Alison McKay dnd Pamela Merrill for all the hard work the people should be honored Joint meeting with the Conservation Commission and the Board of Selectman June 13, 2005 Selectman meeting Executive Session. Mr Masse stated I need to know who can make the June 13, 2005 meeting with the Selectman The members that can attend the meeting Mr Mabon,Ms Feltovic, Mr Manzi, and Mr Masse The Conservation Commission has 4 members coming, which would make a Quorum Changing the time limit of the Conservation Commissions by Mr. Manzi. Mr Manzi stated most of the time I have to leave the meetings because I work the night shift in Boston The limit of time should be 9 30pm for the meeting time Sometimes the meetings go to 12 OOAm or 1 00Am because of a big project which a lot of Abutters show up a the meeting These hours make it hard for staff to go to work the next day Mr Lynch any discussion is a dangerous rule the send the applicants packing Mr Manzi stated the filings coming in are inappropriate the Conservation Commission has a checklist which tells all applicants what the requirements of the Conservation Commission The new filing coming in makes the deference on the size and scope of the filings Also the amount of new filings coming into the office on our filing deadlines Mr Lynch stated he wants to see the annual reports from Department of public works two years 2004 and 2005 annual reports these are a requirement of the Federal Government and The State of Massachusetts To submit annual reports on work that has been done in the Town of North Andover Please contact Jack Sullivan to submitted the Conservation Commission copies of 2 years 2004 and 2005 annual reports Lawrence Airport The Conservation Department issued a Emergency Certificate for cutting trees on runway 5 per the FAA requirement Mr Manzi stated do a site visit while the trees are being cut down in case there are any problems on the site 242-1283 Route 114/East of Berry Street(Hingorani)(One Hundred Fourteen Trust) Ms McKay stated Mr Hmgoram is still before the Zoning Board of Appeal' s for an 40B filing the applicant was suppose to donate the land for Open Space to the Town of North Andover Now he wants to create a parking lot, swing set area, sand play area and a wetland crossing Mr Lynch stated his filing was keeping the same area instead of an office building he wanted to build condominiums as a 40B project Mr Masse stated the Conservation Commission would be attending one of the Zoning Board of Appeal' s meeting to find out what is going on here the Conservation Commission would be very stringent Mr McDonough stated the plan shows 3 lots with associated plans updated May 25, 2005 for the Zoning Board of Appeal' s the plan shows the fence 3 No Recess Public Hearings: 8:05pm Request for Determination of Applicability MA Bay Commuter Railroad Right-of-Way (Massachusetts Bay Commuter Railroad)(TEC Associates) No one was present Mr Mabon read the legal notice Ms McKay stated the filing is for routine vegetation management in accordance with the MA Right-of Way Management regulations (333 CMR 11 00) and MA Bay Commuter Railroad's (MBCR)Vegetative management Plan(VMP) Vegetative management activities will occur within the Buffer Zone to a Bordering Vegetated Wetlands and within the Buffer Zone to Riverfront associated to the Merrimack River The filing was originally submitted in January of this year, however winter conditions prohibited a site walk The applicant submitted a request to waive the 21-day time period required under the regulations for public hearing Scheduling conflicts to conduct the site visit had also become an issue over the last several months On May 23 d I traveled the railroad route with Wayne Duffett from TEC Associates and was satisfied with the delineations and the proposed procedures for the vegetation management activities In 2000 the Commission confirmed the delineation of the resource areas along the railroad route and issued a Determination of Applicability to conduct similar management activities Pursuant to the Wetland Protection Act, Determination of Applicability is valid for three years except when made in association with right of way management regulations regarding herbicide applications In this case the Determination of Applicability is good for five years, the life of a Vegetative Management Plan The Vegetative Management Plan expired on 12/31/04 A new five- year management plan was received on May 31 of this year The Determination of Applicability for the wetland delineation must be renewed along with the Vegetative Management Plan The applicant's representative requests that the Commission issue a negative 5 determination citing 310 CMR 10 3 (6) (b) and 310 CMR 10 58 (6) (a) as the exemptions The appropriate filing fee has been submitted Mr Lynch stated are they using the same chemical? Ms McKay stated yes they are using same chemicals as they always use nothing has changed Mr Manzi stated no spraying within 10-foot away Ms McKay stated that is correct Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, John Mabon, and Sean McDonough A motion to issue a negative 5 determination was made by Mr Manzi, seconded by Mr Lynch Unanimous 224 Carlton Lane,(Whalley) Mr & Mrs Whalley was present Mr Manzi read the legal notice Ms McKay stated the filing is for the construction of a 22' x 14' addition and a 10' x 8' deck to an existing single-family dwelling within the Buffer Zone to a Bordering Vegetated Wetland (old filing- 242-261- for construction of the house) The addition will be built over and replace an existing deck No grading proposed The proposed work is located to the rear of the exiting dwelling and the wetlands are located to the front of the lot All setbacks are met as proposed The addition will be 64' from the wetland boundary at its closest point Erosion controls are proposed and are located in suitable locations The Wetland 4 delineation was reviewed and approved No issues Present to vote Scott Masse, Albert Manzi, Joseph Lynch,Deborah Feltovic, and Sean McDonough A motion to issue a negative determination with conditions (pre-construction, wetland makers, post- construction) was made by Mr Manzi, seconded by Ms Feltovic Unanimous 220 Abbott Street (Burke) The applicant Mr James Burke was present Ms Feltovic read the legal notice Ms Merrill stated the applicant intends to remove an existing 24' x 14' deck, in order to construct a 23' x 10' addition and a 5 5' x 7' deck within the Buffer Zone to a Bordering Vegetated Wetland and associated with an unnamed intermittent stream The portions of the aforementioned activities are outside of the Buffer Zone The work proposed approximately 86' from the edge of the Bordering Vegetated Wetland, closest point (off site wetland flag) The plan prepared by Stowers Associates, Inc shows erosion control at the limit of work and are in a suitable location The lot currently conforms to our 25-foot No-Disturbance Zone and the 50-Foot No-Build Zone Special conditions Pre- construction meeting,post-construction meeting Present to vote Scott Masse, Albert Manzi, Joseph Lynch, and Deborah Feltovic, Sean McDonough A motion to issue a negative determination with conditions pre-construction meeting, post-construction meeting was made by Ms Feltovic, seconded by Mr Manzi Unanimous Notice of Intent (s) 242-1296,Autumn Chase at Molly Towne Road (Chestnut Development,LLC)(West Environmental, Inc.)(cont. from 6/1/05) The applicant Mr Thomas Laudani, Mark West of West Environmental, Inc , and Christopher Huntress of Andover Consultants, and Eric Loft of Chestnut Development, LLC were present Mr Masse, and Mr Manzi left the room conflict of interest Mr Lynch, Chairman Ms McKay stated at the last meeting 6/l/05, the applicant had not changed the location of the cul-de-sac outside of the buffer zone As requested by the Commission at the previous meeting The Commission therefore requested 2.1 wetland replication (4, 542 s f ) in lieu of the buffer zone impact from the cul-de-sac roadway location The Commission felt that snow plowing would significantly impact the isolated resource area directly adjacent to the proposed cul-de-sac The applicant was agreeable to this proposal Also requested by the Commission at the 6/1/05 meeting was a change in the location of the limit of work, an additional fieldstone wall and 4' high Post and rail fence upgradient to the 25-foot No-Disturbance on lot 16 The revised plans were submitted reflecting these changes (2 1 replication area, limit of work change additional stone wall and post &rail fence) Mark West of West Environmental, Inc , has also submitted a Wetland Replication Plan It has been reviewed and approved Also raised at the last meeting by an Abutter, Mr Jack Devlin, was whether or not notification to the abutters were properly administered by the applicant He said he had previously requested Town Counsels opinion on the matter I have been notified by the applicant that Scott Masse, Conservation Chairman, spoke with Thomas Urbelis, Town Counsel, and agrees that the Commission ruled correctly and that the applicant has in fact properly notified the abutters in accordance with regulatory proceedings There are no further issues Present to vote Joseph Lynch,John Mabon, Deborah Feltovic, and Sean 5 McDonough A motion to issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous Mr Masse and Mr Manzi returned to the Conference Room 242-1311, 59 Bannan Drive (Blackshaw)(JM Associates)(cont. from 5/25/05)(reguest to cont. to 6/29/05) No one was present Present to vote Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to June 29, 2005 meeting was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1304, 249 Marbleridge Road (Belford Corporation)(New England Engineering Services,Inc.)(cont. from 5/25/05) Ben Osgood, Jr , of New England Engineering Services, Inc and abutter on the Board for Cemetery Mr David Rand were present Ms McKay stated the revised plans were submitted reflecting flag changes (flag 2 was eliminated and noted on the plan) The revised drainage calculations were also submitted Lot 1 a riprap apron was added to the revised plans Lot 2 no other issues Mr Lynch stated we need a review done on the stormwater management plan for this area The cemetery gets flooded out in areas because of developments of houses in the area Ben Osgood, Jr, stated in a 100-year storm there would be minimal water run-off in this area The applicant is before the Planning Board for Watershed Special Permit and VHB is reviewing the drainage for the Planning Board The Applicant is also before the Zoning Board of Appeal's Mr Lynch rather set up account for the Conservation Commission will need to get the results from VHB to review Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to June 29, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1308, 1025 Osgood Street(Hearthstone Realty Corporation)(MHF Design Consultants)(cont. from 5/25/05)(Request to cont. to 6/29/05) No on was present Ms McKay stated the applicant request to continue to June 22, 2005 meeting Mr Masse stated we need the applicant to show up at the next meeting on June 29, 2005 to see what is going on with this filing Present to vote Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to June 29, 2005 meeting was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-0000, 46 Raleigh Tavern Lane, (Bennett)(Soilsmith Designs) The applicant Mr & Mrs Robert Bennett and Mr Douglas Smith of Soilsmith Designs were present Mr Mabon read the legal notice Ms McKay stated filing is for the construction of an addition, relocation of an existing driveway and replacement of a septic system with associated grading in the Buffer Zone to several off property Bordering Vegetated Wetlands The addition will be approximately 90-feet from the wetland boundary at it is closest point I requested several changes to the submitted plan (silt fence and haybales and existing proposed topography) Mr Lynch stated the filing is incomplete with our checklist the Conservation Commission require P E or P L S with 6 stamped Plans The Commission could deny this filing but the applicant will at the minimum hire Professional Land Surveyor or a Professional Engineer This is what Mr Manzi was discussing before incomplete applications Abutter Walter Soul stated he does not get water in my basement yet but what ever the neighbor wants to do is fine with me Present to vote Scott Masse, Albert Manzi, Joseph Lynch,Deborah Feltovic, and Sean McDonough A motion to continue to June 29, 2005 meeting was made by Mr Manzi, seconded by Mr McDonough Unanimous 242-0000, 1600 Osgood Street (1600 Osgood Street, LLC.)(Epsilon Associates, Inc.) Julie Vondrak of Epsilon Associates, Christopher Huntress of Huntress Associates, Phil Henry of Marchionda Associates, Inc and David Marchionda of Marchionda Associates, Inc was present Ms Feltovic read the legal notice Ms McKay stated the filing is for the construction of a new 18-inch drain line and reconstruction of an existing headwall located to accommodate stormwater discharges within the Buffer Zone to a Bordering Vegetated Wetland (associated with an intermittent stream) The stormwater structures are associated with a 190,000 s f parking lot (to accommodate 410 parking spaces) proposed to be constructed outside of the 100-foot Buffer Zone, in an area currently maintained as manicured lawn in front of the former Lucent Technology facility The need for additional parking area is a result of new marketing for multiple tenants The existing stormwater management system consists of a series of shallow catch basins and a network of piping located in the manicured lawn area to the front of the site These pipes collect runoff from the site and from Route 125 before discharging into the headwall and the Bordering Vegetated Wetland The existing system provides minimal retention and pre-treatment of runoff and is likely operating at of above capacity The proposed stormwater management system is designed to comply with BMP's and DEF s Stormwater Management Policy and will consist of a series of deep sump catch basins, and extended detention basin and a Stormceptor unit Treated stormwater will conveyed from the detention basin through a manhole to subsurface infiltration,which will outlet at the headwall Portions of the new dram line and the modifications to the existing headwall will occur within the regulated 25-Foot No-Disturbance Zone will be temporary and will be fully restored and revegetated upon completion of work activities The existing No-Disturbance is vegetated with an herbaceous upland meadow and will be re- vegetated with quality buffer zone to enhance wildlife habitat (8 serviceberry shrubs, 8 black chokeberry shrubs and an erosion control seed mix) No work is proposed within the resource area itself A waiver request and an alternative analysis were submitted as required under the bylaw for temporary impacts to the 25-foot No-Disturbance Zone The alternative analysis finds that there are no practicable alternatives beyond the "preferred alternative", as the parking space requirements, topographic constraints and the need to get treated stormwater runoff from parking lot to the Bordering Vegetated Wetland would not result in some alteration of the 25-foot No-Disturbance Zone Two other alternatives (A & B)were considered by the project engineers and are explained on page 10 of the Notice of Intent submission(Attachment A) and were included in the packets The new dram line will be installed parallel to an existing 24 inch dram line and an 8 inch line in an approximately 50-foot wide trench of varying depths What would be the range of depths for installation9 If the need for dewatering arises, all water will be pumped to a constructed haybale containment area located greater than 25-foot from the resource area 7 Proper dewatering procedures should be conditioned upon approval Recommend work to occur during low flow conditions/summer months only The pipe will be bedded in and surrounded by 3/4 inch stone and then backfilled to the previously existing grade Spoils from the trench will be side cast during pipe installation and spoil material will be backfilled immediately upon completion of pipe installation Epsilon Associates delineated the wetlands The erosion controls are proposed at the edge of the resource area The catch basin inlet will be protected with filter fabric or silt backs The drainage report and O & M plan were submitted Recommend outside drainage review Mr Lynch stated the Master Plan for Stormwater Management Plan for the whole site Mr Huntress stated they would be moving forward on getting a Master Plan for the Stormwater Management Plan in the future Mrs Vondrak stated the project is near the Baseball Field Mr Mabon stated we need to know the exact invert tying into the wing wall manhole location and depth Mr Marchionda stated overtime the headwall with a deep dention basin would be good for 100-year storm The headwall keeps water running Mr Lynch stated for general sense proposed stormwater deep stormceptor to capture and mitigate which would be cleaner water Present to vote Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough The Commission wanted to set out escrow account for the Alternative Analysis and for the Stormwater A motion to set up escrow account for third party review of stormwater management in the amount of$ 1,000 was made by Mr Manzi, seconded by Mr Lynch Unanimous A motion to set up escrow account for the Alternative Analysis third party review by Patrick Seekamp in the amount of$ 1, 000 was made by Mr Manzi, seconded by Ms Feltovic Unanimous A motion to continue to June 29, 2005 meeting was made by Mr Manzi, seconded Ms Feltovic Unanimous Decisions 242-1312, 56 Monteiro Way(Keith)(Keep) Ms McKay stated this filing was for replication area and replacing railroad ties to be replaced the with a retaining wall the wall will be dry-laid No erosion controls required bond amount set at $ 500 condition# 52 approved accepting Landscape Architect instead of the Professional Engineer stamped plans A motion to accept the Order of Conditions as amended was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1296, Molly Towne Road (Chestnut Development,LLC)(West Environmental, Inc. Mr Lynch is the Chairman for this filing Mr Lynch stated the easements in place and endorsed by the Planning Board the easements needs be gravel roadway to hold the weight of a Truck The roof drains need to flow in the into the catch basins No Snow Stockpiling Signs,No Salt, Wetland Markers and the Stormwater Management Plan and before the COC the Conservation Commission needs a certified O & M Plan that would last for perpetuity Replication areas need to be 2 to 1 as required by the Bylaw The Federal Government mandates some of these rules The bond amount set at $ 21, 000 A motion to accept the Order of Conditions as amended was made by Ms Feltovic, seconded by Mr Mabon Unanimous 8 A motion to adjourn the meeting at 10:15pm was made by Ms. Feltovic, seconded by Mr. Mabon. i 9