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HomeMy WebLinkAbout2005-08-10 Conservation Commission Minutes AFFIOVEIConservation Commission Meeting Minutes August 10, 2005 Members Present: Albert P Manzi, Jr., Acting Chairman, Joseph W Lynch, Jr, Deborah Feltovic, Sean F McDonough, and Louis Napoli Members Absent: Scott Masse, Chairman, and John J Mabon Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, and Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:03pm Quorum Present. Pledge of Allegiance General Business Lucent Technologies Master Plan Presentation-Epsilon Associates. Christopher Huntress, Huntress Associates, Julie Vondrak, Epsilon Associates, and Jeff Goldstein 600 Osgood Street, LLC were in attendance to present the master plan for the old lucent site Mr Huntress stated that over the next 10 years, the NACC will be seeing more permit filings coming before them The applicant is proposing a `Smart Zoning 40R project', which would include affordable housing/condominiums,retail stores, restaurants, MBTA tram station, recreational facilities and commercial businesses Ms Vondrak gave a brief overview of all the jurisdictional wetland resources areas within the subject property and that surround the property Mr Lynch suggested that when the landowners submit a formal application, he would like to see a long-term storm water management plan for the site Mr Manzi further stated that the Commission would want to retain a third party consultant to review the wetland line and floodplam on the site A motion to setup a third party review escrow account in the amount of $2,000 for Patrick Seekamp to review the entire wetland on the site was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-885, COC Request & Bond Release (Forestview Estates Subdivision)(Pulte Homes of New England,LLC.) (Marchionda)(cont. from 7/27/05) No one was present Ms Merrill explained that Pulte Homes was requesting a COC for the entire subdivision and the release of the remaining $40K in performance bond money She further explained that all of the requirements outlined in the enforcement order had been satisfied, including the signed affidavit from the Homeowner's Association Mr Lynch motioned to issue the COC and to release the performance bond release This was seconded by Ms Feltovic Mr McDonough abstained 4 / 1(abstention) 242-1273,Modification & COC Request 113 Bridges Lane (Kitchen)(New England Engineering Services, Inc.)(cont. from 7/13/05) Ms Patricia Kitchen(applicant) and new owner of house were present Ms Merrill stated that she had been in contact with the new homeowners and the applicant via email. The new homeowners tried to relocate the shed within the limits of their property & outside of the 25-foot 1 No-Disturbance Zone, as recommended by the NACC,during a previous meeting Since that time the new homeowners had jacked the shed up and saw that the bottom joist was completely rotted and had spread up to the windowsills Ms Merrill informed the Commission that the homeowners believed that if the shed were relocated, it would promote structural damage As a result of this, the homeowner requested a waiver from the OOC to allow the shed to remain in its current location, in order for the supports to fixed Ms Merrill suggested that if the Commission decided to approve the waiver,they could condition the homeowner install a few shrubs for compensation She further stated that the lawn is currently maintained to the edge of the wetland, so planting along this edge would be appropriate Ms Merrill noted that the property line runs right through the shed Mr Lynch said the applicant should speak with the neighbor to see if they would allow the shed to stay on their property Ms Kitchen agreed to contact her neighbor before the next meeting Mr Lynch suggested that the Commission would release a portion of the performance bond in the meantime A motion to issue a partial bond release of$ 1,500 leaving balance of$ 500 was made by Mr Lynch, seconded by Ms Feltovic Unanimous A motion to continue to August 24, 2005 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1145, COC Request,Foster Street—Woodchuck Hill Substation(New England Power Company)(cont. from 7/13/05)(Reguest to Cont. to 8/24/05) No one was present The applicant had requested to continue to the August 24, 2005 meeting Ms Feltovic made a motion to continue to the August 24, 2005 meeting Mr Lynch seconded the motion Unanimous 242-1236, Modification & COC Request, 175 Forest Street (Wilkens)(Apple Associates) Leon M Wilkens and Judith von Kummer(applicants) were present Ms Merrill stated that the OOC were issued on 3/25/04 for construction of a garage addition and to extend portions of an existing driveway within the BZ to a BVW The applicants had submitted a modification request for the gravel driveway that traverses through the front lawn, outside of the 50' NBZ and 25' NDZ The recent inspection determined that the site was in compliance with the OOC and measurements were confirmed in the field Ms Merrill stated that the driveway did not have adverse effects on the adjacent wetland resources, as the material used was pea stone, therefore provided infiltration for stormwater runoff Mr Lynch explained that he was not as concerned since the wetland was on the opposite side of the road Mr McDonough noted that the 25' NDZ & 50' NBZ were not depicted on the plan and asked if the approved plan and as-built plan lined up on the light table Ms Merrill gave a positive response Mr Manzi stated that he was comfortable with this A motion to issue the modification for the pea stone driveway was made by Ms Feltovic, seconded by Mr Lynch Unanimous A motion to issue the COC and to release the performance bond was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1282, COC Request, 45 Bridges Lane (Koenig)(New England Engineering Services, Inc. No one was present. Ms Merrill stated the OOC was issued on November 18, 2004 for the installation of a septic system and associated grading within the BZ to a BVW As part of the conditional approval, the applicant was required to take down portions of the existing deck and another deck and stairs, since it was built without a valid OOC Ms. Merrill confirmed that these two structures were removed As-built plans were consistent with the most recent approved 2 plans The applicant has since moved, however the house is still unoccupied, so an affidavit was not submitted Mr Manzi asked that the realtor be made aware that there was an OOC on this property and the regulated wetland setbacks A motion to issue the COC and to release the performance bond was made by Ms Feltovic, seconded by Mr Lynch Unanimous Enforcement Order Ratification: Dartmouth Street—DPW Drainage Maintenance Ms McKay explained that an EO was issued to the DPW as mechanism to perform work within the BZ of a BV W The work consisted of alleviating flooding conditions along Dartmouth Street A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Ms Feltovic Unanimous. No Recess Public Hearings: 8:05pm Request for Determination of Applicability: 491 Salem Street (Proulx)(Giles) Mr &Mrs Paul Proulx (applicants) was present Ms Feltovic read the legal notice Ms Merrill stated that the filing is for the construction of a 12'x 19' deck on sonotubes to an existing single- family dwelling within the BZ to an adjacent IVW,jurisdictional to the local bylaw only Staff reviewed the wetland line and is in agreement with it Ms Merrill explained that the applicant is not proposing erosion control due to the flat topography and being 70' from the wetland at its closest point Ms Merrill recommended the Commission issue a Negative Determination with the following special conditions pre-construction meeting, markers at the edge of the tree, final inspection A motion to issue a Negative Determination with special conditions of a pre- construction meeting, wetland marker, post construction meeting and as-built plan was made by Ms Feltovic, seconded by Mr Lynch Unanimous Notice of Intent: 242-1208,Foster Farm Elementary School (North Andover Building Committee)(DiNisco Design)(cont. from 6/29/05) No one was present Mr Masse stated the item would be continued to the September 14, 2005 public hearing A motion to continue to the September 14, 2005 meeting was made by Mr Lynch, seconded by Ms. Feltovic Unanimous 242-1308, 1025 Osgood Street (Hearthstone Realty Corporation) (MHF Design Consultants)(cont. from 7/27/05)(Reguest to cont. to 8/24/05) No one was present The applicant requested to continue to the August 24, 2005 public hearing A motion to continue to August 24, 2005 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1313,509 Waverly Road (Highview, LLC))(Seekamp Environmental Consultinp-)(cont. from 7/27/05) Anthony Donato of Merrimack Engineering Services, Inc was present to represent the applicant, Highview, LLC Ms McKay stated that she was in receipt of the final review letter from Lisa 3 Eggleston,P E , which stated she was satisfied with the project as currently proposed Ms McKay further stated that Ms Eggleston had listed some conditions to be included into the OOC Christopher Waszczuk(direct abutter), 26 Hawthorne asked the Commission if they could condition that landscaping (specifically the trees) be planted before the construction of the retaining wall Mr Lynch suggested that the engineers perform test pits to verify seasonal high ground water from the detention ponds and that should be done as part of the pre-construction requirements A motion to close and issue a decision in 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1321,0 Methuen Avenue (Giovanni)(Merrimack Engineering)(cont, from 7/27/05) Robert Daley of Merrimack Engineering Services, Inc , was present to represent the applicant Dennis Card(abutter), Wood Avenue, was present Ms McKay stated that since the last meeting the Commission conducted a site walk with Mr Daley to discuss the proposed drainage on the site Mr Lynch said that based on his observations during the site walk he had mentioned that he wanted the applicant to perform additional soil tests to determine seasonal high groundwater and that these tests be witnessed by a certified soils evaluator Ms McKay said that had she witnessed the soil tests on 8/9/05 Ms McKay stated that she had been in contact with Mr Lynch regarding the recent soil tests Mr Lynch said that the drainage design was inadequate, as the bottom of the detention basin would intercept groundwater Ms McKay mentioned that she and Mr Daley had figured out that there was a discrepancy with the elevations noted for the bottom of the basin on the detail sheet(sheet 3-"detention basin—2'wide spillway"), which caused the confusion However, the drainage report and profile sheets were consistent with the correct analysis and elevations Mr Daley said the detail sheet was revised to correct this discrepancy and handed the Commission the revised plan Mr Manzi informed Mr Daley that the NACC has a 7-day submission rule for new information to allow ample time for staff to review the plans The Commission discussed requiring the applicant to re-notifying the abutters A motion to require the applicant to re-notify the abutters and to continue to the August 24, 2005 was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1319,Winter Street(Gaglione)(Merrimack Engineering Services, Inc.)(cont. from 7/13/05)(Reguest to cont. to 9/14/05) No one was present Ms McKay stated that she was unable to review the wetland boundary because the flags needed to be refreshed in the field The applicant is requesting a continuance to the September 14, 2005 meeting A motion to continue to the September 14, 2005 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1320,35 Holly Ridge Road (Sachs)(Giles)(cont. from 7/13/05) Philip Sachs (applicant) was present Ms Merrill stated since the meeting, she was able to meet with Bill Hmurciak, DPWDirector to review the VHB watershed analysis The results of the HydroCAD analysis determined the floodplam at# 35 Holly Ridge Road was at el 206 7 The applicant had submitted revised plans to show the location of the patio, stonewall, tree line, all easements, floodplam, as requested by the NACC during the July 13 hearing The PLS had also noted the floodplam elevation on the plan to be at el 207 (the base flood elevation for the site at 97 6) The applicant also submitted addendum explaining that the VHB data should be used as a reference point, in lieu of FEMA's 207 Merrill explained that the base spot grades were converted into National Geodetic Vertical Datum The applicant stated that he had waited 4 4 weeks for his PLS to resurvey the items that were missing from the plan and to revise the plan accordingly The 8' x 15' kitchen addition was proposed just outside of the floodplam by a 0 5'- 1 0' Ms Merrill informed the Commission that she had recently sent a memorandum to Tim Willett, Sewer& Water Superintendent regarding the temporary pipe issue and that the DPW will address this issue later during the week Ms Merrill explained that once the temporary pipe in the catch basin is abandoned, the wetland boundary, specifically flag# 2, # 2A and possible flag 4 1 should recede closer to the banks of Mosquito Brook During the July 13`" hearing, the Commission raised issues relative to the brick patio within portions of the 25' NDZ The applicant has submitted pictures to show the natural landscape the surrounds the patio The photographs also showed the area that surrounded the patio A motion to continue to August 24, 2005 meeting was made by Ms Feltovlc, seconded by Mr Lynch Unanimous 242-1327, Route 125 at Hillside Road (Barbaro)(MA Highway Dept.)(cont. from 7/13/05) Maryann T Magner, Edwards & Kelcey was present to represent the applicant, MAHD Ms McKay stated that the DEP had not yet released any comments However, she was confident that there would be no comments A motion to close and issue a decision in 21 days was made by Mr Lynch, seconded by Ms Feltovlc Unanimous 242-1325, 16 Jetwood Street(Nieolosi)(New England Engineering Services,Ine.)(cont. from 7/27/05)(Reguest to cont. to 8/24/05) No one was present Ms McKay stated that at the last meeting the Commission accepted photographs submitted by the applicant The Commission also requested that the applicant submit revised plans proposing a more aggressive mitigation plan and alternative analysis Revised plans had not been received The applicant is requesting a continuance to the meeting of August 24, 2005 Mr Lynch questioned why the Commission should continue the meeting since he did not see evidence that the project could be redesigned to meet the performance standards outlined in the NA Bylaw Mr Napoli agreed with Mr Lynch Mr McDonough felt that the project was not approval regardless if the plan was revised and should be denied Ms Feltovlc concurred Mr Lynch motioned to deny the continuance request and to issue a denial within 21 days and seconded by Mr McDonough Unanimous 242-1330, 55 Oakes Drive (Donadt)(New England Engineering Services, Inc.) No one was present Ms Feltovlc read the legal notice Ms McKay stated that the applicant had requested a continuance to the August 24, 2005 meeting A motion to continue to the August 24, 2005 meeting was made by Ms Feltovlc, seconded by Mr Lynch Unanimous 242-1329, 1365 Salem Street(Doherty)(New England Engineering Services, Inc.) No one was present Ms Feltovlc read the legal notice Ms McKay said that she was waiting for Natural Heritage to send comments, therefore the Commission could not close the hearing A motion to continue to the August 24, 2005 meeting was made by Ms Feltovlc, seconded by Mr. Lynch Unanimous 5 242-1328, 46 Raleigh Tavern Lane (Bennett)(Soilsmith Designs) Peter Jensen, contractor and Doug Smith, Soilsmith Designs were present to represent the applicant Ms Feltovic read the legal notice Ms McKay stated that the DEP #was issued and comments were as follows "Plans very confusing Requesting approval for addition and septic upgrade though the plans show the existing house has been removed Need accurate plan showing conditions at the time of filing and detailed description of the site and proposed work". Mr Smith spoke with Mike Abell, DEP to clarify and address the concerns as noted Ms McKay stated that she received a call from Mike Abell who indicated that the DEP was now satisfied with the application and was giving the verbal okay should the Commission choose to close the public hearing, as comments were not likely to be changed within such short time frame Ms Feltovic made a motion to close and issue a decision within 21 days continue and seconded by Mr Lynch Unanimous Decisions 242-1322,246 Candlestick Road (Young)(The Neve-Morin Group, Inc.) A motion to accept the OOC as drafted was made by Mr Lynch and seconded by Ms Feltovic Unanimous 242-1326,205 Dale Street (Timmons)(New England Engineering Services,Inc.) A motion to accept the OOC as drafted was made by Ms Feltovic and seconded by Mr Lynch. Unanimous 242-1328,46 Raleigh Tavern Lane (Bennett)(Soilsmith Designs) Mr Lynch informed Mr Peter Jensen, contractor that the draft decision was not ready and would not be heard and would be discussed at the following meeting 242-1327,Route 125 at Hillside Road (Barbaro)(MA Highway Dept.) A motion to accept the OOC as drafted was made by Mr Lynch and seconded by Ms Feltovic Unanimous A motion to adjourn the meeting at: 10:15pm was made by Mr. Lynch, seconded by Ms. Feltovic. 6