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HomeMy WebLinkAbout2005-06-29 Conservation Commission Minutes i\ Conservation Commission Meeting Minutes June 29,2005 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr, Vice Chairman, John J Mabon, Deborah Feltovic, and Sean F McDonough Members Absent: Joseph W Lynch, Jr , Beth Wescott Staff Members Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Mr. Manzi stated we are waiting for the 41h member to arrive to have a Quorum. Meeting came to Order at: 7:05pm Quorum Present. Mr. McDonough arrived at the meeting at 7:14pm. General Business 242-871, COC Request & Bond Release (Berrington Estates)(Mesiti Development Corporation)(cont. from 4/27/05)(Request to withdraw without prejudice) No one was present Ms Merrill stated the applicant does not know when the state would their site inspection so at this time the applicant wants to withdraw without prejudice Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to accept the withdraw without prejudice was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-885, COC Request& Bond release (Forestview Estates)(Pulte Homes of New England, LLC.)(Marchionda)(Request to cont. to 7/27/05) No one was present Ms Merrill stated the applicant is working with the Homeowner Association and one of the Lawyers was on vacation Present to vote Scott Masse, Albert Manzi, John Mabon, and Deborah Feltovic A motion to continue to July 27, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1266, COC Request 1094 Salem Street(Stringer)(New England Engineering Services, Inc. Ben Osgood, Jr of New England Engineering Services, Inc was present Ms Merrill stated the Order of Conditions was issued on August 4, 2004 for the installation of a septic system Portions of the system were proposed within the Buffer Zone to adjacent to a Bordering Vegetated Wetland A shed was required to be removed as it was previously situated within the 25-foot No-Disturbance Zone and the 50-foot No-Build Zone A part of the Order of Conditions, the applicant was required to remove the shed outside of these setbacks The shed was removed prior to the septic installation Ben Osgood, Jr,New England Engineering was retained as the Environmental Monitor However there were no reports found in the file Due to the location of the septic system from the Bordering Vegetated Wetland, as well as the type of project, it is recommended the Commission waive this requirement Staff conducted a site inspection on June 24, 2005 Wetland markers were put in the field and were verified in September of 2004 To 1 date,those markers have been removed,probably because of their location in the middle of the lawn The disturbed areas were stable against erosion An Affidavit from the applicant former owner was submitted The property was sold January 2005 Mr Osgood stated 2 to 3 times needed to monitor the site I can submit the dates that I monitored the site Mr Masse stated the new owner needs to sign the affidavit for the purpose the new owners need to know they bought a house with an Order of Conditions on the property Present to vote Scott Masse,Albert Manzi, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to July 13, 2005 meeting to require affidavit be signed by new owners and monitoring reports be submitted was made by Mr Manzi, seconded by Ms Feltovic Mr McDonough abstained from voting 242-1241,COC Request,35 Hollow Tree Lane(Nugent)(New England Engineering Services, Inc.) Ben Osgood, Jr , of New England Engineering Services,Inc was present Ms Merrill stated an Order of Conditions was issued on June 1, 2004 for the installation of a septic system Portions of the system were proposed within the Buffer Zone to the adjacent Bordering Vegetated Wetland Ben Osgood of New England Engineering was retained as the Environmental Monitor However, there were no reports found in the file Due to the location of the septic system from the Bordering Vegetated Wetland, as well the type of project, it is recommended the Commission waive this requirement The staff conducted a site inspection on Friday, June 24, 2005 The wetland markers were installed The disturbed areas were stable against erosion An Affidavit was submitted Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the COC and Bond release hold until monitoring reports are submitted was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1190, COC Request,299 Webster Woods Lane (Green) The applicant Robert Green was present Ms Merrill stated an Order of Conditions was issued on April 29, 2003 for the construction of an in-ground pool, concrete patios, cabana and associated infiltration basin, and fence within the Buffer Zone to an adjacent Bordering Vegetated Wetland associated with a pond Seekamp Environmental Consulting was retained as the Environmental Monitor Reports were submitted to this office during construction The staff conducted a site inspection on Friday, June 24, 2005 The disturbed areas were stabilized with sod for immediate erosion control The erosion controls have already been taken out There was no evidence of erosion of erosion run-off at the site Measurements AA-14 to the edge of the patio =68', WB-23 to corner of cabana 62' Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the COC and bond release was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-480,PCOC Request, Lot 33 Abbott Street-#121 (Matson) No one was present Ms Merrill stated this Order of Conditions was issued on June 7, 1989 for construction of three (3) Single-family dwellings (Lots 31, 32, & 33) with associated appurtenances within the Buffer Zone to a Bordering Vegetated Wetland Lot 31 & 32 was constructed, however, Lot 31 was only lot to receive a PCOC (October 1990) For some reason Lot 33 was never constructed and the Order of Conditions expired On November 1, 2000, the lot was re-filled under 242-1026 for construction of a single-family dwelling with associated appurtenances The house was finally constructed and a COC was subsequently issued on March 15, 2002 The purpose of this COC request is to clear the title, as DEP # 242-480 still shows up 2 during the title search Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue PCOC for lot 33 # 121 Abbot Street only was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-441, Partial Bond Release,Long Pasture (Crowley Construction)(Sandybill Realty Trust No one was present Ms Merrill stated as you all know the Long Pasture development consists of 8 single-family dwellings with associated appurtenances with in the Buffer Zone to both Bordering Vegetated Wetland and Isolated Vegetated Wetland Mr Masse stated was there a site visit done Ms Merrill stated no site visit was done Mr Masse stated the applicant here has to construct a berm before any money would be released Also the final COC for the whole subdivision has not been received yet There would be no money released here until the final COC received Present to vote Scott Masse,Albert Manzi, John Mabon, Deborah Feltovic, and Sean McDonough A motion to deny the partial bond release till the applicant received final COC on the subdivision was made by Mr Manzi, seconded by Ms Feltovic Unanimous Project/Enforcement Order Updates-Foster Farm Fields Ms Merrill stated punch list to have applicant submit drainage is functioning the trash removed meet with Tim Willett of Department of Public Works and the Engineer Anthony Branca that the applicant hired site visit the Engineer stated never heard of an aqua filter unit It was discovered that here was not enough exposed concrete area between the top of the pipe and the casting to install the anchor supports for the oil/water hood It is agreed that a turn down elbow with a hole drilled in the top may be used as a substitution Mr Masse stated was the bond posted Ms Merrill stated yes $ 5,000 This is the second COC request here The Commission needs as-built plans showing drainage has been working correctly out here And that the vernal pool setbacks are being met 75-Foot, 50-foot, and 25-foot Enforcement Order Ratification 125 Campion Road Ms McKay stated the fine set at $ 500 for not stabilizing the gully in a timely manner as required in the Order of Conditions issued December 2004 The applicant is now in front of the Planning Board The applicant installing a drainage swale to stop all the run-off from the slope The new owners need to know there is an Order of Condition on this property The new homeowner is mowing the meadow and should seize the mowing Mr Masse stated there was escrow money held at the sale of the house there was much battling going on between lawyers at the time of selling the house Ms McKay stated the site looks better than I thought it would since April with snow cover Ms McKay stated I want haybales silt fence installed right away to stabilize the site in case of heavy rain Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, and Sean McDonough A motion to ratify the Enforcement Order was made by Mr Mabon, seconded by Ms Feltovic Unanimous 3 122 Farnum Street Ms McKay stated the Order of Conditions was for construction of an addition majority of the work is done but the installation of a stonewall at the 25-foot No-Disturbance Zone The condition# 31 2-foot x 2-foot dry wall Mr Manzi stated to construct the stonewall is any thing else required in the Order of Conditions easterly part of the property a stonewall the as-built plans would have show stonewall or the COC would be denied Ms McKay stated a site inspection was done last September 26, 2004 the site was stable The applicants called in April of 2005 to ask if they needed to construct the stonewall or can install a post and rail fence the Order of Conditions has expired and can do no work The Enforcement Order was issued to allow them to complete the work according to the Order of Conditions Present to vote Scott Masse, Albert Manzi,John Mabon, Deborah Feltovic, and Sean McDonough A motion to ratify the Enforcement Order was made by Mr Manzi, seconded by Ms Feltovic Unanimous No Recess Public Hearings 8:10pm. Notice of Intent(s) 242-1208,Foster Farm Elementary School(North Andover Building Committee)(DiNisco Design)(cont. from 5/25/05) No one was present Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to August 10, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1307,Lot 34 Thistle Road(North Andover Land Corp.)(New England Engineering Services, Inc.)(cont from 5/25/05) Ben Osgood Jr , of New England Engineering Services, Inc was present Ms McKay stated at the last meeting the Commission has concerns regarding the proximity of the driveway to the 25- foot No-Disturbance Zone and requested that an alternative house/driveway layout be submitted for review The revised plans have been submitted showing a new layout The new layout depicts a shortened driveway to the front of the lot, eliminating the lengthy driveway adjacent to and abutting the 25-foot No-Disturbance Zone The house is configured in the same manner, but is proposed a little bit differently since the garage location has been relocated to accommodate the new driveway entrance Also eliminated from the plan was the front walkway There is now a smaller walkway proposed from the driveway to the side of the house The rear infiltrator has been re-located outside of the 50-foot No-Build Zone A deck has been added to the side of the proposed home, which is located just outside of the 50-foot No-Build Zone The configuration of the deck is unusually shaped to meet the 50-foot setback and because of this, there may be the potential for a violation of the setbacks if the deck is not constructed as designed As a result of the relocation of the driveway, the entire front yard is now exposed with no barrier proposed along the 25-foot No-Disturbance Zone This could result in future encroachments In addition, the entire house is configured just outside of the 50-foot No-Build Zone with no room for further expansion/additional structures to the front(e 1 - front walkway, front farmers porch, ect) These restrictions should be well noted in the Order for buyers and any future buyers The cellar floor elevation is noted at 206 This may be, or close to the groundwater elevation What is the 4 estimated high groundwater elevation in this location? Special conditions should include Wetland Markers, staking house and deck corners prior to construction,physical barrier along the 25-foot No-Disturbance Zone,bold and emphasizing setbacks to remain in perpetuity, stress the submission of an affidavit,placing a permanent deed restriction on the property to ensure that future homeowners are aware of the setbacks/restrictions on the property Mr McDonough stated the existing stonewall there Mr Osgood stated yes that is an existing stonewall Ms Feltovic stated there should be a stonewall barrier along the property in this area to prevent encroachment in to the 25-foot No-Disturbance Zone Mr Manzi stated very tight lot here differently an area for encroachment the stonewall should continue down to protect the 25-foot No-Disturbance Zone very easy to need replication in this area Mr Mabon stated the back of the house should be planting trees, shrubs for a vegetated area the plantings and stonewall should be shown on the record plan Present to vote Scott Masse, Albert Manzi, John Mabon,Deborah Feltovic, and Sean McDonough A motion to continue to July 13, 2005 meeting for revised plans was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1308, 1025 Osgood Street (Hearthstone Realty Corporation)(MHF Design Consultants)(Request to cont. to 7/13/05) The applicant Eric McCarthy of Hearthstone Realty Corporation was present Ms McKay stated I conducted a field inspection and do note agree with the approved wetland boundary Mr McCarthy stated the request to continue is to work on Lisa Eggleston comments Present to vote Scott Masse,Albert Manzi,John Mabon,Deborah Feltovic, and Sean McDonough A motion to continue to July 13, 2005 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1304 249 Marbleridge Road (Belford Construction,Inc.)(New England Engineering Services,Inc.)(cont. from 6/8/05)(Request to cont. 7/13/05) Ben Osgood Jr , of New England Engineering Services,Inc was present Mr Osgood stated he request to continue to July 13, 2005 meeting Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to July 13, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1311, 59 Bannan Drive (Blackshaw)(JM Associates)(cont. from 5/25/05)(Request withdraw without prejudice) No one was present Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, and Sean McDonough A motion to accept the withdraw without prejudice was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1313, 509 Waverly Road (Highview, LLC.)(Seekamp Environmental Consulting (cont. from 6/8/05) Michael Seekamp of Seekamp Environmental Consulting, Inc was present Ms McKay stated at the last meeting the Commission requested drainage to be sent out for review Lisa Eggleston has conducted her first review an in summary has many concerns (see 6 pg review letter dated June 161h) A stream analysis was conducted by Seekamp Environmental, which concluded that the stream on the site was determined to be intermittent I concur with this finding based on the analysis and report provided Revised plans and comments have not been received by Merrimack/Seekamp conditions to note from former Filings (242-1174 & 242-1175) Abutter 5 Christopher Waszczuk of 26 Hawthorne Place requested Drainage calculations updated plans and Lisa Eggleston letter faxed to the Conservation Commission Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to July 13, 2005 meeting for drainage calculations copy sent to Lisa Eggleston to review was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1316, 46 Raleigh Tavern Lane (Bennett)(Soilsmith Designs)(cont from 6/8/05) Douglas Smith of Soilsmrth Designs was present Ms McKay stated the revised plans were received and are stamped by a MA Registered P E The wetland boundary was reviewed an approved on 5/18/05 The revised plans also show existing and proposed grades and an additional setback from the wetland to the proposed driveway location as requested by the Commission The previous ANRAD notation was also taken off the plan as requested No further issues Mr Mabon stated there is just a foundation left the house was razed the as-built plans need to match when the COC is requested the house needs to be in the same foot print as the original house was may have to go for a modification Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1314, 1600 Osgood Street (1600 Osgood Street,LLC)(Epsilon Associates)(cont. from 6/8/05) Julie Vondrak of Epsilon Associates and Matt Leidner of Marchionda Associates was present Ms McKay stated at the last meeting,the Commission requested the project be sent out for third party review by both Patrick Seekamp for the wetlands alternative analysis review and Lisa Eggleston for the drainage review The wetland line, project review, and alternative analysis were reviewed by Patrick Seekamp as requested (see report dated June 21, 2005) The boundaries were confirmed with no changes, with the exception of a portion of the resource area, which had been inadvertently omitted on the plan (connecting flags WFL 401 to WFL 308 and WFL 401A to WFL 309) Plans have been revised to reflect this minor change He finds that the buffer zone restoration plan prepared by Epsilon to be acceptable with some revisions including the type of seed mix used,the repositioning of some of the plantings over the proposed drainpipe, limiting the clearing within the 25-foot No-Disturbance area, and limiting the pruning of the mature crab apple tree within the no-disturb His alternative analysis review reveals that the preferred method is likely the best methodology from a long-term parking and drainage solution in balance with the amount of temporary disturbance within the 25-foot disturb zone required to connect the drainage to the existing structure Stone aggregate was suggested at the outlet within the area of the headwall to break-up flows, however after further discussion, it was agreed that this would be unnecessary since the bottom on the channel was determined to be paved and flow velocities at the pipe outlet would not substantially increase Seekamp further recommends construction monitoring while work is being performed in this area, existing catch basin protection during construction, and continued mowing of the upland meadow habitat adjacent to the resource area To this effect, Seekamp recommends that the Commission formalize an agreement with the property owners to continue with" open meadow management" through rotational mowing at least once every three years These items can be conditions of approval A response letter was submitted by Epsilon(dated June 23, 2005) indicating that they concur with the recommended suggestions with exception of a aggregate at the outlet as discussed above Lisa's first drainage review received June 24, 2005 The reponse and plans 6 revisions received by from Marchionda by E/Mail yesterday and by regular mail today Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, and Sean McDonough Marchionda Associates plans are accurate The Commission will have a draft decision ready for the next meeting on July 13, 2005 A motion to continue to July 13, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1318, 1132 Salem Street (Adams)(Merrimack Engineering Services,Inc.) The applicants Mr &Mrs Adams and John Murphy of Merrimack Engineering Services, Inc were present Mr Mabon read the legal notice Ms McKay stated the filing is for the installation and upgrade of an existing subsurface sewage disposal system with associated grading within the buffer zone to a Bordering Vegetated Wetland associated with an intermittent stream The 50- foot No-Build Zone and 25-foot No-Disturbance zones are being met as proposed The system will be located approximately 58-feet from the wetland at its closest point The grading is proposed beyond the 50-foot No-Build but not within the 25-foot no-disturb zone Existing features such as the boulder retaining wall and post&rail fence should be depicted on the plan The site is densely vegetated to the rear and the side of the property The system will be installed in an area of lawn Recommend that existing tree line be depicted on the plan The erosion controls are proposed and may be in suitable location(depending on where the existing bounder retaining wall and fence are located) A loam stockpile is proposed at the front of the site The erosion controls wrap around the stockpiling area Recommend limiting stockpiling to that location as a condition to the Order upon approval Norse Environmental flagged the wetlands in April of 2005 The wetland boundary was reviewed and approved The plan is currently under review with the Board of Health Present to vote Scott Masse, Albert Manzi, John Mahon, Deborah Feltovic, and Sean McDonough A motion to continue to July 13, 2005 meeting for revised plans was made by Mr Manzi, seconded by Ms Feltovic,Unanimous 242-1315,Lot 6 85 Ogunquit Road (Breen)(The Neve-Morin Group,Inc.) The applicant Mr Peter Breen and John Morin of The Neve-Morin Group, Inc was present Mr Mabon read the legal notice Ms McKay stated the applicant is re-filing as the Commission in October denied the previous filing by majority vote The Commission' s denial was based on the fact that the applicant failed to demonstrate/present an alternative analysis for the position of the single-family dwelling an the driveway, even though the Commission identified a viable alternative, which would have less impact on the resource area The applicant has since appealed to the DEP However, the DEP has not yet made a determination since the site walk has not been conducted The DEP site walk is scheduled for August 2, 2005 The new design plan has been modified to reflect a two-car garage (instead of the previous three car garage) A third smaller door is proposed for lawn equipment, bikes, ect This has been noted on the new plan The proposal otherwise remains the same as was previously submitted Mr Breen stated this roadway was accepted back in 1999 for the filing of Rocky Brook Subdivision Mr Manzi stated the driveway concerns there would be more disturbances in the 50-foot No-Build zone Mr McDonough stated the design alternative written is feasible Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Mr Mabon Unanimous 7 242-1317, Lot 5 99 Ogunquit Road (Breen)(The Neve-Morin Group, Inc.) The applicant Mr Peter Breen and John Morin of The Neve-Morin Group, Inc was present Mr Mabon read the legal notice Ms McKay stated also part of the Rocky Brook Subdivision under file 242-862 (issued 12/4/97) for roadway and development of 6 lots in the buffer zone (roadway crossed Rocky Brook and trigger a wildlife habitat evaluation) The filing is for the construction of a single-family dwelling, deck,paved driveway, utilities and foundation dram with associated grading on the buffer zone to a Bordering Vegetated Wetland Construction of the lot is proposed very similar to what was previously approved under the old subdivision filing All work outside of the 200-foot Riverfront area and the 100-year floodplam (Elevation 114) associated with Mosquito Brook, except at the roadway crossing The proposed septic system will be outside of the buffer zone The proposed deck will be 65-feet from the resource area The closest house corner is proposed to be 64-feet from the resource area The site is within Estimated Habitat of Rare Wildlife No comments received yet from Natural Heritage The wetland delineation by Greg Hochmuth of The Neve-Morin Group in November of 2002 I have not yet reviewed the line, but I believe that the former Administrator(Julie) has reviewed and approved the line on this lot at that time Is that correct9 Have the flags been re-established in the field'?The erosion controls are proposed around the work area The erosion should be extending a bit further to the southern corner of the lot to the end of the property (to corner of the lot/existing roadway) Proposed grading from the driveway and upper part of lot appear to drain flows in this direction I would recommend a double row of erosion controls along the bottom of the slope upgradient to wetland flags 105-101 where the graded slope is proposed Condition that the slope to be stabilized immediately after final grading with hay mulcMute matting The snow is likely to be pushed towards this sloping area,which is in close proximity to the resource area The applicant should address now snow storage/stockpiling Any proposed drainage for the site (i e roof drain infiltrators, drywells, ect)9 It is not clear whether drainage on the lot will into drainage systems, which were approved as part of the previous filing How will drainage be addressed now that the lots are being separately?Recommend that drainage management be provided in some manner Development of the subject lots meets the Riverfront thresholds The applicant previously agreed to put a deed restriction on the remainder of the subdivision limiting any further Riverfront alteration Recommend upon approval of this filing, a deed restriction be put in place in similar to Lot 6 as noted above Mr Morin stated the property was re-flagged in November of 2004 by Greg Hochmuth of The Neve-Morin Group Mr Mabon stated the tree line converts with a wall also 3 to 1 side jute matting double hay bales and silt fence existing edge of pavement tapers in the foundation drainage 1-foot we need know what kind of drainage with these lots tied into the existing subdivision drainage Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to July 13, 2005 meeting for revised plans was made by Ms Feltovic, seconded by Mr Mabon Albert Manzi left the meeting at: 9:35pm. 8 Enforcement Order Ratification Reynolds Field Bridge-Eagle Scout Project. Ms McKay stated a draft Enforcement Order for the replacement of the Reynolds Field Bridge connects the small soccer field to the larger soccer field The wood needs to be replaced the bridge is pretty old so the Ben Nobello of the Eagle Scout about 16 years old Mr Masse stated the project needs to be done between August 1, 2005 thru September 1, 2005 work needs to be completed Ms McKay stated DPW will use a backhoe to pull out the piling holding up the bridge and the Eagle Scouts would be putting the bridge in by sections at a time The Commission wants to know who would be guiding the helpers Soccer and Eagle Scott They are just 15 years old to 16 years old they need to have some guidance here to properly get the job done quickly Erosion Controls should be installed near Mosquito Brook sensitive area They would be refunded for the cost of the erosion controls A motion to adjourn the meeting at: 10:15pm was made by Ms. Feltovic, seconded by Mr. McDonough. 9