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HomeMy WebLinkAbout2005-07-13 Conservation Commission Minutes Uv Conservation Commission Meeting Minutes July 13,2005 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr, Vice Chairman, Joseph W Lynch, Jr , John J Mabon, Deborah Feltovic, and Sean F McDonough 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 242-1266, COC Request, 1094 Salem Street(Stringer)(New England Engineering Services, Inc.)(cont. from 6/29/05)(Request to cont. 7/27/05) Ben Osgood, Jr , of New England Engineering Services, Inc was present Mr Osgood stated I need to continue to get the new owner to sign the affidavit Present to vote Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to July 27, 2005 meeting was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1270, COC Request, 69 Milk Street(Tomasz)(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 October 13, 2004 for construction of a garage addition with associated site grading within the Buffer Zone to a Bordering Vegetated Wetland Site inspection was conducted on Friday July 8, 2005 The construction of the garage is framed and insulated however its not totally finished(i e siding) All earthwork has been completed and disturbed areas are well established The erosion controls have been removed, and the area has been seeded As-built plans were consistent with the approved plan Measurements were confirmed in the field Wetland Markers were installed along the edge of the Bordering Vegetated Wetland, since lawn is maintained to this edge New England Engineering Services, Inc submitted monitoring reports throughout construction Ms Feltovic stated Thankyou Ben for submitting the monitoring reports Present to vote Scott Masse, Albert Manzi, John Mabon, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to issue the COC and bond release was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1273, COC Request, 113 Bridges Lane (Kitchen)(New England Engineering Services, Inc. The applicant Mrs Patricia Kitchen and Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms Merrill stated the Order of Condition was issued on November 19, 2004 for the replacement of a septic system within the Buffer Zone to a Bordering Vegetated Wetland and a local jurisdictional isolated wetland As part of the Order of Conditions requirements, the existing shed that's situated between the property bounds and within the 25-foot No-Disturbance Zone was to be relocated to conform to the 50-foot No-Build zone After the Order of Conditions was issued, the homeowner contacted the Conservation Department to see if the shed could stay in its existing location They informed me that they weren't aware that the shed has to be moved, 1 as part of the conditional approval until the COC was issued Furthermore,they informed me that the shed was there when they purchased the house in 1996 The applicant submitted evidence of a real estate appraisal with an attached photo showing the shed in the background The department reviewed this information and determined that since the shed was placed by previous homeowner that in the future, any new structures must comply with our setbacks An inspection was conducted on May 271" and July 8`" During both inspections all disturbed areas were well established with no signs of erosion The erosion controls have been removed The wetland markers were installed just in front of the wetland boundary in the rear of the house To date, the property has been sold The applicant and new homeowner have signed and submitted affidavit Mr Lynch stated the shed is also part on the neighbor's property The shed needs to be moved. Mr Mabon stated the shed is differently in violation needs to be moved Mr Manzi stated this needs to be a modification because staff allowed the shed to stay The shed is also part on the neighbor' s yard it should be moved to a suitable area of the property line Mr Osgood stated Mrs Patricia Kitchen does not want to pay me to do any more work for her Mr Masse stated when was the pre-construction meeting take place Ms Merrill stated in December of 2004 they started digging the hole and the Board of Health stopped their work until March 1,2005 Mr Masse stated what is the shed standing on Mrs Kitchen stated the shed is standing on cinder blocks Mr Masse stated the shed is old is the shed falling apart or can it be moved Mrs Kitchen stated I really do not know the condition of the shed if it would fall apart if moved Present to vote Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to July 27, 2005 meeting to have applicant see if shed can be moved safely was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1258, Partial Bond Release,44 & 50 Woodlea Road (Garger)(New England Engineering Services,Inc.) The applicant Ali Mandalinci and Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms Merrill stated the Order of Conditions was issued on September 30, 2004 for replacement of a drainage pipe with a headwall, construction of an addition and a retaining wall within Buffer Zone to a Bordering Vegetated and within Riverfront associated with Mosquito Brook The drainage pipe was installed behind both 44 & 50 Woodlea Road, and the retaining wall was constructed on the property of 50 Woodlea Road To date,the proposed addition has not been constructed The co-applicant is not sure if the addition will ever be constructed due to expense. The applicant is requesting a partial bond release of$ 2,500 of the original $ 3,000 performance bond An as-built plan was submitted and is consistent with the record plan The most recent inspection was conducted'on Friday, July 8, 2005 All disturbed areas were well stabilized against erosion runoff I would recommend that potions of the erosion control be removed to allow proper flowage to the adjacent wetland Given the half of the approved work has been completed, I would recommend the Commission only release$1,500 The typical performance bond required for an addition is $ 1,500 Ms McKay stated the applicants filed together so no PCOC can be issued only for Subdivision Mr Osgood request to withdraw the request for a PCOC without prejudice Present to vote Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue partial bond release in the amount of$ 1,500 only was made by Mr Manzi, seconded by Ms Feltovic Unanimous 2 242-1159,Extension Request, 383 Johnson Street (Pelich)(Denney) No one was present Ms Merrill stated the Order of Conditions was issued to William Barrett on August 20, 2002 for construction of a driveway, installation of underground utilities to facilitate the construction of a single-family dwelling, and buffer zone restoration The single-family dwelling is proposed outside of the buffer zone The project is also located within the Lake Cochichewick Watershed Since the issuance of the Order,the landowner has changed The current landowner if Joseph Pelich Joseph Pelich is seeking one-year extension for 242-1159 The Order of Conditions will expire on August 20, 2005 The applicant submitted the request in a timely fashion, (at least 30 days prior to the expiration date ) A pre-construction meeting was conducted in fall of 2004 Joseph Pelich has retained Richelle Denney, Arrow Environmental to monitor the site The new applicant anticipated starting construction soon after the pre- construction meeting However, due to the winter months, this was put off until spring To date, the underground utilities are in, and only minor grading and stockpiling occurred last fall Exposed areas were seeded with rye grass for winter stabilization and spring precipitation On Friday June 8, 2005, I met Richelle and Bill Swymer, Project Manager on site to walk the wetland line The line is consistent with the approved line Erosion controls were installed prior to the pre-construction meeting The erosion control appears to be holding up well,however some hay bales will need to be replaced The project manager will be starting the buffer zone restoration sometime next week Richelle will continue to monitor the site until a COC is issued Present to vote Scott Masse, Albert Manzi, Joseph Lynch, John Mabon,Deborah Feltovic, and Sean McDonough A motion to issue a one-year extension was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1145, COC Request,Foster Street-Woodchuck Hill Substation (New England Power Company) Daniel McIntyre, P E Principal Engineer of National Grid USA Service Company, Inc was present Ms McKay stated the Order of Conditions was issued on 7/29/02 for the construction of an electric substation and tap lines supported by utility poles,with an associated access driveway off Foster Street Constructed activities were conducted within Riverfront(associated with Mosquito Brook), Bordering Vegetated Wetland, and buffer zone to an ephemeral pool habitat The Order of Conditions was amended on 9/6/02 for revised language to conditions 27, 28, 35, and 66 in the order to comply with the requirements of the Right of Way Yearly operational Plan An in house modification was approved (by former Administrator) allowing the expansion of the underground duct line along Foster Street to a utility poll approximately 110-feet east of the driveway The COC of compliance letter certifies that the project was completed in accordance with the approved plans with the exception of the following as noted in the COC request Additional trees were added along the northern side of the substation and along the driveway to provide additional screening to an abutter on Foster Street,the slope along eastern side of the driveway in the vicinity of the turnaround was surfaced with rip-rap instead of loam and seed, the substation yard was shifted 2-feet to the south and the grade elevation was adjusted by 12"to account for discrepancies between the actual ground conditions and the topography used for the design plan There were no changes in the limits of clearing These changes appear to be minor in nature As-built plans have not been compared to approved plans to date I have not conducted a final field review for compliance to date The Order of Conditions required 1,100 s f of wetland restoration For the impact associated with the roadway the entrance which was located within the 25-foot No-Disturbance zone and the 50-foot No-Build zone over a 3 portion of an existing wood road Restoration activities were conducted in accordance with the scheduling outlined in the Notice of Intent and according to the Landscape/Mitigation Plan Plantings were to be implemented concurrent with the site preparation activities Restoration activities conducted in accordance with the approved plans May of 2003 restoration reports and plan were submitted as required (Spring and fall for two growing seasons documenting species density, survival rate, hydrology, soil conditions, ect) The final report indicated that overall percent survivability of the restoration was 79% Restoration area D was noted to be at a 62% survival rate since some plants in this area had not survived (Red Maples and all of the tupelos) However,this area was noted to have been over planted to allow for mortality and despite the observed mortality, area D contains more surviving plantings 20 than were originally proposed (15) in the approved planting plan Condition# 54 required that identified vernal pool and the potential vernal pool on the site be evaluated during and after construction for two years upon completion of activities to document the presence of obligate and facilitative species within the pools Written documentation during the breeding season Brian Butler of Oxbow Associates submitted vernal pool reports in June of 2003, June of 2004, and May of 2005 as required The reports indicated that the vernal pool has not been affected positively or negatively by the construction and operation and of the substation facility Condition# 55 required the applicant to establish a Conservation Restriction on the subject property (ies) owned by National Grid, within 2 years of issuance of the Order of Conditions The details and scope of the Conservation Restriction were to be finalized by the applicants and their attorneys, the Conservation Restriction was submitted by applicant as required in January of 2003 and again in June of 2004 It has not been reviewed by the relevant parties The draft restriction is included in the packets and I would recommend that between now and the next meeting the parties meet to finalize the Conservation Restriction Condition#66 was required as follows Pesticides and Herbicides shall not be used beyond the approved limit of clearing as shown on the approved plans Application methods shall be consistent with the National Grid Right of Way Yearly Operation and MGL c 131, s 40 and 310 CMR 10 05 (3) (a) 1 and 2 and 310 CMR 11 00 Markers must be placed every 50 feet along designated limits of clearing (to be by Conservation Administrator) displaying "No Pesticide or Herbicide spraying beyond this point" The utility company must notify the Conservation Commission in writing 21 days prior to spraying activities on site This condition shall survive this Order of Conditions and shall run the title of the property This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity It is unknown as to whether these No Pesticides or Herbicide spraying markers have been posted/installed Condition# 67 required"No-Salt Zone" and"No-Snow Stockpiling" signs to be posted in the prominent locations Monitoring reports indicate that these signs have been posted Field verification needs to be conducted Additionally, the approved O & M plan incorporated into the Order required compliance with the approved Snow Management Plan to areas outside of the Riverfront Area and to areas limited to designated stockpiling areas Since staff has not conducted a field review, compliance with the O & M plan is unknown at this time A $50,000 bond was posted and no money has been requested for release An erosion control monitor was required was also conditioned to be present on site during wetland restoration activities and cutting activities in the Riverfront Area Monitoring reports were submitted throughout construction and as required Wetland Markers were required along the 25- foot No-Disturbance zone and monitoring reports indicated that they were installed in the appropriate locations I remember that they had been installed, although this has not been recently verified in the field Mr Masse stated have the applicant submit the Conservation 4 Restriction to Town Counsel Thomas Urbelis for review and to make any word changes as needed per Town Counsel Present to vote Scott Masse,Albert Manzi,Joseph Lynch, 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 Agricultural Lease Update-Half Mile Hill Enforcement Order Ratification Reynolds Field Bridge-Eagle Scout Project. Ms McKay stated the Eagle Scout Project needs to be ratified the Enforcement Order Present to vote Scott Masse,Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Mr McDonough Unanimous Filing Fee Appropriation-Plaque for Volunteers & No-Salt/No Snowing Stockpiling Signage. A motion to appropriate $ 100 00 for the Plaque for Volunteers and appropriate $ 600 for signage Present to vote Scott Masse,Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to appropriate $ 100 00 for Plaque for Volunteers and $ 600 for signage was made by Mr Lynch, seconded by Mr Mabon Unanimous CPA Fund Project Overview Mr Mabon stated the North Andover Conservation Commission is sponsoring a request for Community Preservation Funds to address the management needs for North Andover Open Space under the NACC jurisdiction Primary uses of the finds are to 1 Conduct Civil and Environmental surveys of the Open Space parcels 2 Construct a Comprehensive Management Plan, addressing all management needs of all NACC Open Spaces 3 Complete initial Capital Improvements, as recommended by Management Plan The long-term vision for North Andover Open Spaces it to perpetuate effective management practices through ongoing volunteer organization and a consistent funding-raising program The benefits of the projects are intended to establish the direction and structure of the nurturing organization and practices Open Space Committee The Conservation Commission members would be the Open Space Committee vote was Unanimous 5 No Recess Public Hearings: 8:O1pm Abbreviated Notice of Intent(s) 242-1323, 990 Forest Street,(Foraste)(Hancock Associates) The applicants Mr & Mrs Foraste was present Mr Mabon read the legal notice Ms Merrill stated the applicant has filed an Abbreviated Notice of Intent in order to construct a 16' x 22' deck to an existing single-family dwelling within the Buffer Zone to a Bordering Vegetated Wetland The applicant did not propose erosion controls because the five or six sonotubes holes will be dug by hand In addition, deck if proposed approximately 56-feet from the Bordering Vegetated Wetland at the closest point The wetland boundary was reviewed and approved by staff A DEP#has been issued but under review However, I do not expect any comments Present to vote Scott Masse, Albert Manzi,Joseph Lynch, 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 Ms Feltovic Unanimous Notice of Intent(s) 242-1307, Lot 34 Thistle Road (North Andover Land Corporation)(New England Engineering Services, Inc.)(cont. from 6/29/05) Ben Osgood, Jr, of New England Engineering Services, Inc , was present Ms McKay stated the plans have been revised to depicting a 2-feet high landscaping retaining wall to the rear of the lot as request by the Conservation Commission Present to vote Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Manzi Unanimous 242-1304,249 Marbleridge Road, (Belford Construction)(New England Engineering Services Inc.)(cont. from 6/29/05) Ben Osgood Jr , of New England Engineering Services, Inc was present Ms McKay stated the Escrow was set up for Lisa Eggleston has conducted her first drainage review(dated June 281h) Reponse comments from Ben Osgood, Jr received July 1 lch Second review from Lisa just submitted on 7/12 She still has a few comments Mr Lynch stated breakout at peak flow slope up to wetland legitimate concerns with the slope floodplam of the wetland Mr Osgood stated the cemetery gets flooded from the flat wetland that is there The test pits taken hit water 36 inches below the water runoff flows into the flat wetland on the side of the property subsurface soil 100 + 106 Mr Osgood stated the type of wetland discharge would be very expensive venture Present to vote Scott Masse, Albert Manzi, Joseph Lynch, John Mabon,Deborah Feltovic, and Sean McDonough A motion to continue to July 27, 2005 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 6 242-1308, 1025 Osgood Street, (Hearthstone Realty Corporation)(MHF Design Consultants)(cont fro 6/29/05)(request to cont. to 7/27/05) Eric McCarty of Hearthstone Realty Corporation was present Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to July 27, 2005 meeting 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)(Request to cont. to 7/27/05) James M Dolansky, of Seekamp Environmental Consulting was present Present to vote Scott Masse, Albert Manzi, Joseph Lynch, John Mabon,Deborah Feltovic, and Sean McDonough A motion to continue to July 27, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic 242-1314, 1600 Osgood Street(Ozzy Properties)(Epsilon Associates)(cont. from 6/29/05) Julie Vondrak, of Epsilon Associates, Inc was present Ms McKay stated staff has reviewed the revised plans and paperwork submitted and everything has been submitted as requested No further issues Present to vote Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1318, 1132 Salem Street, (Adams)(Merrimack Engineering Services, Inc.)(cont. from 6/29/05) Mr & Mrs Adams and John Murphy of Merrimack Engineering Services,Inc were present Ms McKay stated the erosion controls are proposed and may be in a suitable location(depending on where the existing bounder retaining wall and fence are located) Recommend limiting stockpiling area to that location and as a condition to the Order upon approval Revised plans have been submitted with the requested changes (boulder wall, retaining wall,the Post& rail fence, and the existing tree line Present to vote Scott Masse, Albert Manzi, Joseph Lynch, 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 Ms Feltovic Mr Lynch absented from voting Mr. Albert Manzi left the meeting at: 9:30pm. 242-1317, Lot-5-99 Ogunquit Road (Breen)(The Neve-Morin Group, Inc.)(cont. from 6/29/05) The applicant Mr Peter Breen and Greg Hochmuth of The Neve-Morin Group, Inc was present Ms McKay stated comments received from Natural Heritage and has determined that the project occurs near the actual habitat of the Blandmg' s Turtle (threatened) and Spotted Turtle (Special Concern), but the project as proposed will not adversely affect the actual habitat of these wildlife species I have reviewed and approved the wetland boundary The revised plans have been submitted reflecting this change The revised plans reflect a snow stockpiling area The applicant is willing to place a deed restriction on the property stating that no Riverfront alteration shall be allowed on the lot To Commission how and when does this get incorporated? Condition in the Order to have in place prior to the issuance of a COC Revised plans also include the addition of words backed w/filter fabric in the legend denoting the erosion controls, a dry laid stone wall at the limit of work upslope of wetland flags 101 to 104, and the approximately location of the conservation markers along the 200' Riverfront line northwest of the proposed dwelling and 7 along 25-foot No-Disturbance zone south of the proposed dwelling I would recommend the wetland markers located along the Riverfront be extended along the full length of this limit This can be specified in the decision Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1319, Winter Street(Gaglione)(Merrimack Engineering Services, Inc.) John Murphy of Merrimack Engineering Services, Inc was present Mr Mabon read the legal notice Ms McKay stated the filing if for construction of a single-family dwelling, driveway, subsurface sewage disposal system, and associated grading and utilities within the Buffer Zone to a Bordering Vegetated Wetland The 25-foot and 50-foot setbacks are being met as proposed The driveway is located within the 50-foot No-Build zone, however there appears to be no other alternative location for the driveway on the lot The wetland line has not been reviewed The engineer was called to ensure that the wetland flags were still in place and I was notified that needed to be resurveyed I have been informed that the boundary may have changed significantly Revised plans recently submitted Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to August 10, 2005 meeting for re-flagging of project was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1321, 0 Methuen Avenue (Giovanni)(Merrimack Engineering Services, Inc.) John Murphy of Merrimack Engineering Services, Inc was present Ms Feltovic read the legal notice Ms McKay stated the filing is for construction of a portion of duplex dwelling with associated site grading, utilities, stormwater management structures, and roadway extension within the Buffer Zone to a Bordering Vegetated Wetland No work will be within the 25-foot No-Disturbance zone or the 50-foot No-Build zone The site is not within Estimated Habitat/Floodplain The access to the double-lot parcel is through an undeveloped portion of Methuen Avenue,which is a partial paved road, approximately 95 feet and will be widen to 26 feet with slope granite edging installed along each side Waivers from the Planning Board have been requested to allow the roadway as proposed, since a standard cul-de-sac is not proposed A 6"water main will be extended to the site from the existing 12" water main from Sutton Street A sewer extension from Sutton Street is also proposed Stormwater runoff will be handled and treated through a series if riprap and vegetated swales and basins Roof runoff will be recharged to groundwater within the proposed detention system Drainage calculations were submitted Send out for drainage review?I have reviewed and approved the wetland boundary Erosion controls are proposed and are in adequate locations The erosion controls detail has been provided,but indicates that only silt fence will be used Silt fence and hay bales should be proposed The street will be a private way and a homeowner's agreement will be set up with the Planning Board Services of which the be solely responsible for included the stormwater management systems, swales,trash collection, snow plowing, snow removal, and roadway maintenance and repairs, ect Snow storage/stockpiling should be address No comments from DEP Mr Lynch stated test pits should be taken again and submitted to the Conservation Commission for review Mr Mabon stated new plans there is a lot going to be determined for this project Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to July 27, 2005 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 8 242-0000, 11 Appleton Street (Heinze)(West Environmental) The applicants Mr & Mrs Heinze and Mark West of West Environmental, Inc were present Ms Feltovic read the legal notice Ms McKay stated the filing is for construction of an addition (in place of and existing garage, which will be razed), a porch, expansion of a driveway, and sewer line to an existing single-family dwelling within the Buffer Zone to a Bordering Vegetated Wetland associated with a pond The pond qualifies as isolated land subject to flooding A second resource area lies off property and is shown on the plan The proposed work will be greater than 150' from the resource area The proposed structures will be outside of the 50-foot No-Build zone and are proposed 5 V from the closest wetland edge The area surrounding the pond and within 25-foot No-Disturbance zone has been historically maintained as lawn and existing drive/gravel ways The proposed 6" sewer line is proposed along the existing driveway along the west of the property and will temporary impact approximately 420 s f of lawn area within the 25-foot No-Disturbance zone (measurements shown on the plan 22' and 23' from sewer line to the wetland) A waiver request and an alternative analysis indicating that is no alternative were submitted for this temporary impact Proposed and existing topography/grades are not shown on the plan The plan does note that there will be minimal grading for the project Erosion controls are proposed around the limit of work and are in adequate locations The wetland boundary was reviewed and approved No File # Grant the waiver Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to July 27, 2005 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1320, 35 Holly Ridge Road (Sachs)(Giles) The applicants Mr & Mrs Sachs was present Ms Feltovic read the legal notice Ms Merrill stated the applicant has filed a Notice of Intent to raze the existing deck in order to construct an 8' x 15' addition with the concrete slab, as well as re-constructing a new deck using the existing sonotubes and stairs The deck may require the addition, of 2 or 3 sonotubes The lot is entirely within Riverfront Resource Area In addition, the work will take place within 100-foot to the adjacent Bordering Vegetated Wetland associated with Mosquito Brook This project is outside of estimated habitat The applicant is proposing minimal to no grading for the foundation due to the flat topography of the property By utilizing the existing sonotubes, deck will be constructed within the same footprint(w/ slight enlargement), and has been designed to conform to the 50- foot No-Build zone The biggest issue with this project is that the floodplain is shown to run through the existing single-family dwelling The applicant is aware the flood elevations need to be identified on the plan FEMA maps indicate the floodplain in the area of 35 Holly Ridge Road in the range of 207-210 However, an in-house flood maps prepared by the Merrimack Valley Planning Commission, dated November 25, 1998 depicts the actual house as outside of the floodplain with only portions of the Bordering Vegetated Wetland within Bordering Land Subject to Flooding The majority of the floodplain appears to traverse along the adjacent property to the north Mr Lynch stated that Flood Map should not be used or displayed in the office this is information only the FEMA Maps is what they go by This property is in the Floodplain with Bordering Land Subject to Flooding Do not Display that map in the office it is not for information for Bordering Land Subject to Flooding Timothy Willett stated there is drainage easement and sewer easement on the side of the property Ms Merrill stated also noted a large brick patio on site directly adjacent to the resource are (between wetland flags # 10 & # 11 and extends past flag# 8), which was constructed without a permit It was also constructed 9 off property on the abutting property Mr Lynch stated when constructed the area was never capped of and it should have been The Conservation Commission stated the patio must be removed by hand Mr Lynch stated and addition on the back is a waste of money you have to compensate for the Floodplam or put the addition on srtles Ms Merrill stated a permanent conservation deed restriction was placed on all the lots in the original subdivision to prohibit any future work within the resource areas without a Conservation filing Plans should include the location of the existing brick patio,the existing stonewall along the edge of the wetland/brook, existing tree line/lawn area, and the limits of any easements on the lot(per the application checklist/plan requirements) Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to July 27, 2005 meeting for revised plans was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1322,246 Candlestick Road (Young)(The Neve-Morin Group, Inc.) The applicants Mr & Mrs Young and Greg Hochmuth of The Neve-Morin Group, Inc was present Mr Mabon read the legal notice Ms McKay stated the filing of for the construction of an inground pool and spa with associated concrete patio, fence, and associated grading within the Buffer Zone to a Bordering Vegetated Wetland and a vernal pool Jared Place Phase 1-lot 8 (242- 423) A PCOC was issued for this lot Bordering Land Subject to Flooding is also located on site and is not noted on the plan No base flood elevation is available The Bordering Vegetated Wetland is associated with an upgradient intermittent stream Cedar Brook runs upgradient to the associated steam on this lot The Notice of Intent indicates that the site is not within estimated habitat The site closely borders a large estimated habitat area, but located just offsite A waiver request was submitted with the application for portions of the pool and patio, which are proposed within the 75' No-Build Zone from the vernal pool The Neve-Morin Group letter dated June 29, 2005 states that an attempt to place the pool outside of the protected buffer zones would land the pool in the way of an existing drainage path just beyond the existing driveway This alternative location would remove the pool and patio from the rear of dwelling and placed it directly behind the driveway on the side of the house, which currently being used as a snow stockpiling area, which would block the natural flow path ant take away the snow stockpiling area In as such, Neve-Morro Group believes that placing the pool in its proposed location is the most suitable for the site Mitigation was not proposed or submitted in lieu of this disturbance If the Commission were to grant the waiver, I would recommend that the existing lawn area within the no-disturb areas be considered for mitigationibuffer zone restoration This would significantly enhance the existing habitat area The proposed fence is located around the pool and within the limits of the 50-foot No-Disturbance of the vernal pool and the 25-foot No-Disturbance zone of the Bordering Vegetated Wetland I would recommend that the fence be moved be relocated to areas outside of these no-disturbance areas Erosion controls are proposed in suitable locations around the limit of work I believe a backwash filter system is proposed Where will the filter system be located? Include documentation of type?Will there be a shed for pool equipment/filter?The wetland boundary has been reviewed I am in agreement with the Bordering Vegetated Wetland boundary and the limit of the vernal pool(one flag was changed on the vernal pool limit and plans will be revised to reflect this change DEP issued file #, but still under review Mr Mabon stated the applicant should look at the plan and make area smaller to meet the setbacks of the Conservation Commission Mr McDonough stated the mitigation area should be 4 to 1 with vernal pool come into effect Mrs Judy Young stated the vernal pool started maybe 4 to 5 years ago,we have been living here since the house was built 15 to 20 years We just wanted to have a pool to be able to 10 c just do laps get some exercise in the pool Ms McKay stated if the Commission mitigation here the plantings would have to be monitored for 2 years fall and spring Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to July 27, 2005 meeting for revised plans was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-0000,Route 125 at Hillside Road (Barbaro)(MA Highway Dept.) Maryann T Magner of Edwards & Kelcey, Inc and Phillip F Paradis, Jr , P E of Edwards & Kelcey, Inc was present Ms Feltovic read the legal notice Ms McKay stated the filing is for reconstruction/redesign of the intersection at Hillside Ave and Meadowwood Road and associated drainage improvements within the buffer zone to a Bordering Vegetated Wetland Intersection safety improvements are proposed along approximately 1, 700 feet of Route 125 The project consists of full depth roadway reconstruction, minor widening to accommodate geometric requirements, installation of a traffic signal at the intersection with Hillside Rd, construction of an island to prevent left turns out of Meadowwood, landscaping,and drainage improvements The project is a"limited project"pursuant to the WPA Regs (310.53 (3) (f) because it involves "maintenance and improvement of an existing public roadway"- This section of the WPA regs Further states that it is"limited to widening less than a single lane, shoulders, correcting substandard intersections & improving inadequate drainage systems" The project is also exempt from local bylaw for Maintenance and repair of existing public ways (WP Bylaw section 178 3) In as such, the applicant submitted the state filing fee of$500 for the limited project status (category 2) However, the additional local fee of$ 300 was not submitted, but may not be required if exempt from the bylaw Buffer zones are not shown on the plan since project is exempt from the bylaw The project will impact approximately 660 s f of Bordering Vegetated Wetland at Route 125 MA Highway proposes 700 s f of wetland replication directly adjacent to the impact(2 1 mitigation is not required since project is exempt from the bylaw 1 1 mitigation is required under the Wetland Protection Act) A wetland replication list and planting schedule has been provided on sheet 14 & 18 The proposed plantings seem reasonable except for the fact that some of the proposed plants are not real wet plants and could have difficulty- surviving depending on the wetness of the area The project is subject to the DEP stormwater Management Policy And stormwater management forms were submitted for a limited/re- development project I would highly recommend that the project be sent out for a drainage review(set up escrow) The Stormwater Management forms indicated that an O & M plan has been developed and is listed,but the plan itself was not included in the project submission I would recommend that this reference O & M plan be submitted for the file Submitted plans include only include 7 sheets out of 40 (included are sheets 14, 18, 6 & 8 through 11) Sheets 8 & 11 show existing conditions with adjacent resource areas, but proposed plans are not provided for these locations Is work proposed in the buffer zones to the resource areas in these locations? Erosion controls are proposed (see sheet 14 & 18), but are not proposed in the most suitable location in one area Erosion controls should be extended the swale adjacent to the impact area to prevent erosion to down gradient resource area Mr Lynch stated would be affecting the drainage on Bucklin Road could add 5 inches to the dention pond with additional volume of water runoff Mr Paradis stated 2 catch basins would be added to Hillside Road reducing pavement and landscape island east side of 125 outlet sediment trap would be added Ms Magner stated stormwater runoff from Hillside Road headwall would slow water runoff into the swale empty in the wetland resource area the dention pond then would empty out Present to 11 vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to July 27, 2005 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous Decisions 242-1316, 46 Raleigh Tavern Lane (Bennett)(Soilsmith Designs) A motion to Deny the Order of Conditions for working in the buffer zone without a valid Order of Conditions and issue an Enforcement Order to Cease& Desist and fine of$ 100 day from July 13, 2005 was made by Mr Mabon, seconded by Mr McDonough Vote 3-1-1 242-1315, Lot 6 85 Ogunquit Road (Breen)(The Neve-Morin Group,Inc.) A motion to accept the Order of Conditions as amended was made by Mr Mabon, seconded by Ms Feltovic 3 to 1 vote 242-1307,Lot 34 Thistle Road (North Andover Land Corporation)(New England Engineering Services,Inc.) A motion to accept the Order of Conditions as amended was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1318, 1132 Salem Street(Adams)(Merrimack Engineering Services,Inc.) A motion to accept the Order of Conditions as amended was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1314, 1600 Osgood Street(Ozzy Properties)(Epsilon Associates) A motion to accept the Order of Conditions as amended and bond amount was set at $ 3,000 was made by Mr Lynch, seconded by Mr Mabon Unanimous A motion to adjourn the meeting at: 12:00am was made by Mr.Lynch, seconded by Mr. Mabon. 12