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HomeMy WebLinkAbout2005-08-24 Conservation Commission Minutes Ap�lufl_ � YD� ' tl�� Conservation Commission Meeting Minutes U '� August 24, 2005 Members Present: Scott Masse, Chairman, and Albert P Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr , Deborah Feltovic, John J Mabon and Sean F McDonough, Louis Napoli Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, and Donna M Wedge, Conservation Secretary The Conservation Commission Meeting was not televised to no fault of the Conservation Commission. Meeting came to Order At: 7:10pm Quorum Present. Pledge of Allegiance General Business John J. Mabon arrived at the meeting at 7:15pm. 242-1273, COC Request, 113 Bridges Lane (Kitchen)(New England Engineering Services, Inc.)(cont. from 8/10/05)(Reguest to cont, to 9/14/05) No one was present Ms Merrill stated that at the last meeting the Commission released $1,500, leaving a $500 bond balance The applicant and the current homeowners are seeking a modification from the Order of Conditions to allow them to keep the shed in its existing location It was evident by the photos taken by staff, as well as a written statement from the current homeowner that the shed exhibited a fair amount of rot and couldn't structurally handle being moved At this time the new homeowner was trying to fix the shed The Commission still had concerns with leaving the shed in the existing location, as it was partially on the neighbor's property The applicant had not received a call back from the neighbor The applicant requested a continuance to the September 14, 2005 meeting A motion to continue to the September 14, 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) No one was present Ms McKay said that she would be meeting with Dan McIntyre to discuss the Conservation Restriction on September 2, 2005 A motion to continue to the September 14, 2005 meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-1187, COC Request, 500 Great Pond Road (North Andover Country Club) Thomas Childs, North Andover Country Club was present The OOC was issued on June 13, 2003 for the construction of an addition to an existing maintenance building and the placement of a pre-fabricated chemical storage shed within the BZ to both a BVW and IVW The site was also located within the Lake Cochichewick Watershed District The applicant previously requested a COC in October 2004, however it was denied due to debris and soil stockpiles and exposed areas within the approved limits of work To date,the stockpiles near the chemical 1 storage shed were removed and the area was appropriately stabilized Two No Snow Stockpiling signs were posted along the edge of the parking lot No further issues were noted A motion to issue the COC and to release the performance bond was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-1222, COC Request, Dale St.,Appleton St., Salem St.,Anne Rd., and Johnson St. Contract 4B Sewer)(DPW)(Guertin Elkerton & Associates, Inc.) No one was present Ms Merrill stated that the OOC was issued on 3/17/03 for the installation of sewer on sections of Johnson St , Salem St , Dale St ,Appleton St, and Anne Rd This work was conducted within the BZ to BVW, Bank, LUW, and within 200' RFA associated to several perennial streams No further issues were noted A motion to issue the COC and release the bond was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1162, Request for Partial Bond Release, 10 Commerce Way (Grasso)(Hancock Associates) Vincent Grasso, Jr , (son of V Grasso, Sr , applicant) was present Ms Merrill stated that the OOC was issued on 3/17/03 for the expansion of an existing parking lot and driveway with associated drainage improvements for construction of a car wash facility This work took place within the BZ to BVW The applicant was seeking a partial bond release of$35K of the original $50K A bond reduction was being requested, as the applicant finds the bond amount high To date, construction of the car wash was completely finished including all stormwater drainage structures Richard Doherty, P E , Hancock Associates had been monitoring the drainage structures since they were installed Per the OOC, a P E was to inspect the stormwater structures and subsequently submit evidence of the maintenance to the Conservation Dept This would continue for two (2) years from the date the structures went on-line Richard Doherty, P E submitted a letter stating, "No system maintenance has been necessary" Also included with the letter, Richard identified compliance with Condition 4 71, which required as built plans to be submitted, as well as a certification letter that the systems had been constructed in accordance with the approved plans The wetland markers were posted along the 25' NDZ or close to the edge of the resource area limit of work Ms Merrill noted that several outstanding items, including the installation of permanent `No-Salt/No Snow Stockpiling' signs and the wildlife mitigation plantings, both of which were brought to the applicant's attention The applicant also requested a modification to the project's OOC to eliminate the condition relative to the `No-Salt/ No Snow Stockpiling' signs The applicant stated that they plow the driveway and were aware of the wetlands in close proximity but that there was no place to install them Ms Merrill identified that the record plan depicted designated snow stockpiling areas in two locations in front of the property Mr Grasso stated that the Vortechnics system had been on line since last summer and with the heavy ram in April of 2005, the system worked fine Mr Manzi asked Mr Lynch how much money he thought it would cost to repair the stormwater structures in the event of failure Mr Lynch guessed it would cost approximately $25K. Mr Napoli suggested that the `No Salt/ No Snow Stockpiling' signs be braced on the guardrail along the back of the facility Mr Grasso, Jr , said that he would try to place the signs along the light posts in the rear of the site and wanted to withdraw his modification request A motion to issue a Partial Bond Release of$25,000 was made by Mr Manzi, seconded by Mr Lynch Mr Mabon abstained from voting 2 242-1323,Amendment, 990 Forest Street(Foraste)(Hancock Associates) The homeowner/ applicant was not present Ms Merrill stated that the applicant received an OOC on July 29, 2005 for the construction of a deck within the BZ to BVW The applicant was requesting an amendment to allow the construction of a 5' walkway from the approved deck to an existing slider on the right side of the house This rear egress was originally installed when the house was constructed in the late 90's This proposal would encroach into the 50' NBZ by 3 5' As such the applicant had submitted a waiver form, which stated that only one sono tube would be located inside the 50' NBZ The waiver form also stated that without the walkway, they wouldn't have direct access to the deck without remodeling the entire kitchen The Commission discussed the potential of cantilevering this portion of the deck Mr Manzi thought it was possible to cantilever with no ground disturbance A motion to deny the amendment was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-654, COC Request, #580 Winter Street (Munroe) No one was present Ms Merrill stated that the current homeowner was seeking a COC to clear the property deed An OOC was issued to Tyler Munroe on July 7, 1993 for an agricultural nursery project that involved several wetland crossing, in order to install a driveway, and construct a barn that would house farming and nursery equipment The project was filed as an agricultural limited project under 10 53(3)(a) The applicant utilized the existing dirt road for placement of the driveway BVW impacts in two (2) locations were originally approved to gain access to an upland area and designated nursery stock area Ms Merrill noted that after reviewing the project's file, some of the replication areas were planted and had successfully developed into wetlands However, the extension of the driveway to the upland area and the barn were never built The property was then sold and the new owner built a SFH in 1998-1999, completely outside of the BZ Mr Manzi said he knew the site well and remembered the project had never been completed He also recalled the work associated with the construction of the SFH had been approved under a Negative Determination of Applicability Ms Merrill had conducted an inspection and had noted that the areas surrounding the property were thickly vegetated with an array of wildlife flowers and provided great wildlife habitat The New England Power Company has a 200' wide easement that traversed along the southwestern portions of the property, near Winter Street In addition, there's a permanent 50' pipeline easement that traversed along the eastern portion of the property, also from Winter Street The installation of the Maritimes pipeline may have impacted portions of the one of the replication areas As-Built plans were not submitted since the originally approved project was never done Chairman Masse wanted the new homeowners to submit a request for a modification from the OOC since the work was never completed before the COC was issued A motion to continue to the September 14, 2005 meeting was made by Mr Manzi, seconded by Mr Lynch Unanimous Enforcement Order Ratification 2 Blueberry Hill Road Ms Merrill stated that while driving by this address, she had noticed that several trees and under story shrubs were removed, exposing the BVW and the unnamed perennial stream(tributary to Mosquito Brook) She further explained that she spoke with the homeowner about the potential impacts to the resource area The homeowner had cut 4 or 5 trees because they were either dead or dying, and posed as a safety issue An enforcement order to cease & deist all work was issued 3 The EO mandated filing a Notice of Intent by September 16, 2005 and the installation of erosion controls A fine was not levied A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Mr Manzi Unanimous Notification of Abutters-Form Review Ms Merrill had revised the abutter notification form Mr Mabon told Ms Merrill she did a great job revising it Ms Feltovic concurred, but suggested the MA be spelled out No Recess Public Hearings 8:01pm 242-1235, 16 Jetwood Street, (Nicolosi)(New England Engineering Services,Inc.)(cont from 8/10/05) Mr Dan Nicolosi (applicant/homeowner) and Ben Osgood, Jr , New England Engineering Services, Inc , (representative) were present The applicant was seeking a reconsideration to continue the public hearing Mr Lynch made a motion to reconsider the vote that took place on August 10, 2005, seconded by Mr Mabon Unanimous Mr Osgood, Jr , said Leah Basbanes prepared a wetland impact/restoration report, which would be submitted to the Conservation Department tomorrow Chairman Masse told Mr Osgood, Jr , that any new information needed to be submitted 7-business days prior to the meeting A motion to continue to the September 14, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous Request for Determination of Applicability: 1775 Great Pond Road, (Desmond)(Giles) Mr John Desmond (applicant/homeowner)was present Mr Manzi read the legal notice Ms Merrill stated that the applicant filed an RDA in order to tie into municipal sewer within the BZ to Lake Cochichewick The existing sewer stub was located approximately 80-foot from the resource area Erosion controls were not proposed since Great Pond Road is crowned and the resource area was 80-foot away She stated that the project would take a few days to complete Ms Merrill recommended the Commission issue a Negative Determination with special conditions consisting of notifying the Conservation Department prior to tie-in, having 5 hay bales on site for emergency use only, contacting the Conservation Department upon completion of the work A motion to issue a negative determination with the above-mentioned conditions was made by Mr Manzi, seconded by Ms Feltovic Unanimous Abbreviated Notice of Resource Area Delineation: 242-0000, 1600 Osgood Street(1600 Osgood Street, LLC)(Epsilon Associates) Julie Vondrak, Epsilon Associates, Inc , was present (representative) Mr Manzi read the legal notice Ms McKay stated that the filing was for the confirmation of the jurisdictional wetland resource area boundaries on the 160-acre site formally known as Lucent Technologies No work activities were proposed under this filing The applicant was requesting the confirmation BVW, RRA, BLSF, IVW (Bylaw jurisdiction only), and non jurisdictional IVW The 25' NDZ and the 50' NBZ were depicted on the plans Epsilon Associates delineated the resource areas in August of 2004, where nineteen wetland series were identified Of the 19, 12 were classified as BVW, 3 were classified as IVW, and 4 as non jurisdictional areas because they either lacked the requisite 4 hydrology or were less than 1,000 s f in surface area as required under the Bylaw The BZ and RRA associated with an off-site BVW and perennial stream were also depicted on the plans The offsite BVW was located on the Sweetheart Cup property(tax map 78 Lot 2) This BVW was not delineated, but was presumed to be the toe-of-slope During the initial introduction of the project, the Commission had voted to set up escrow in the amount $2,000 to have Patrick Seekamp of Seekamp Environmental Consulting,Inc , review the wetland boundaries Ms McKay stated that within the past few weeks, Mrs Vondrak, Mr Seekamp and Ms McKay had been reviewing the boundaries, but were not finished at this time The applicant was requesting a continuance to the September 14, 2005 meeting A motion to continue to the September 14, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1308, 1025 Osgood Street(Hearthstone Realty Cornoration)(MHF Design Consultants)(cont, from 8/10/05) Christopher Tymula, MHF Designs Consultants, Inc , (representative) was present Ms McKay stated that revised plans were submitted two days ago and she did not have time to review them 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 Mr Lynch, seconded by Ms. Feltovic Unanimous 242-1321, 0 Methuen Avenue (Giovanni)(Merrimack Engineering Services, Inc.)(cont. from 8/10/05) No one was present Eight abutters including Mr Dennis Card and Marilyn McCarthy were present Ms McKay stated that the plans were revised to correct the discrepancy previously noted At the last meeting abutters raised questions in regards improper notification The Commission required the applicant to re-notify abutters and clearly identify the date and time of the next meeting The abutters were appropriately re-notified Mr Lynch motioned to set up escrow in the amount of$2K for Lisa Eggleston to review the site's compliance with the Stormwater Management Policy, as there were too many inconsistencies Mr Manzi seconded the motion Unanimous Chairman Masse stated that since there was no one to represent the applicant and the applicant was also absent from the meeting, that the Commission would continue the item to the October 26, 2005 meeting A motion to continue to the October 26, 2005 meeting and to require to the applicant to re-advertise a legal ad and re-notify the abutters properly was made by Ms Feltovic, seconded by Mr Manzi Unanimous 2421320,35 Holly Ridge Road, (Sachs)(Giles)(cont. from 8/10/05)(Reguest to Cont. 9/14/05) No one was present The applicant submitted a written request to continue to the September 14, 2005 meeting A motion to continue to the September 14, 2005 meeting was made Mr Lynch, seconded by Ms Feltovic Unanimous 242-1330, 55 Oakes Drive (Donadt)(New England Engineering Services, Inc.)(cont. from 8/10/05) Ben Osgood, Jr , New England Engineering Services, Inc , (representative) was present The Conservation Dept. had not received comments from Natural Heritage yet A motion to continue to September 14, 2005 meeting was made by Mr Manzi, seconded Mr Mabon Unanimous 5 242-1329, 1365 Salem Street(Doherty)(New England Engineering Services, Inc.)(cont. from 8/10/05) Ben Osgood, Jr ,New England Engineering Services, Inc , (representative) was present The Conservation Dept had not received comments from Natural Heritage yet A motion to continue to the September 14, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1332, Chestnut St., Forest St., Wood Ave., Academy Rd, (Town of North Andover- DPW)(Weston & Sampson Engineers, Inc.) James Finnegan, Weston& Sampson Engineers Inc , was present Mr Mabon read the legal notice Ms McKay stated that the filing was for installation of new water mains and five hydrants along the right-of-way,of several town owned streets within the BZ to BVW and a few certified vernal pools The new water mains and hydrants would increase water system reliability, improve water circulation and water quality, and increase fire flow and firefighter capabilities Other than removal and installation of hydrants, all proposed work would be within the 25' NDZ and the 50' NBZ, as there were no other alternatives A plan wavier was requested, as the plans do not show property boundaries and abutters Portions of the proposed work on Forest Street were also within Estimated Habitat The buffer zones associated with the vernal pools on the site were not labeled correctly on the plan The applicant argued that the activities proposed were exempt from state and local filing fees under 810 CMR 4 22 Ms McKay thought that it would only be considered an exemption if the project was maintenance, repair or replacement of existing water mains Chairman Masse said the filing fees must be paid for any new work Mr Manzi concurred saying that new work activities were not exempt and were subject to the bylaw filing fees, maintenance work is exempt Mr Finegan asked for a continuance to the September 14, 2005 meeting A motion to continue to the September 14, 2005 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1331, Bonny Lane (Easement) Plat 62, Lots 48 and 49)(Town of North Andover- DPW)(Weston & Sampson Engineers, Inc.) James Finnegan, Weston& Sampson Engineers, Inc , (representative) was present The applicant requested to withdraw without prejudice Wetlands were inaccurately identified on the property Ms McKay said that the areas, which were flagged as wetlands, were actually identified as uplands A motion to grant the withdrawal was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1323,Amendment, 990 Forest Street (Foraste)(Hancock Associates) Mr Michael Foraste (homeowner/applicant) requested to speak with the Commission regarding the denial of the amendment Chairman Masse allowed Mr Foraste to speak Mr Lynch told Mr Foraste that the walkway could be cantilevered out from the house to the deck using lag bolts Mr Foraste informed the Commission that the builder installed a sliding glass door, but never a deck The slider is approximately 7' off the ground Mr Lynch advised the applicant to speak with his contractor, but that he and Mr Manzi were fairly positive it could be cantilevered Therefore, no ground disturbance would be needed Mr. Albert Manzi left the meeting at 9:15pm during decisions. 6 Decisions• 242-1313,509 Waverly Road (Highview, LLC)(Seekamp Environmental Consulting) A motion to accept the OOC as drafted with the bond set at $15,000, wetland markers, compliance with the O&M plan to be the responsibility of the Condominium Association in perpetuity, and the detention basin to be constructed prior to the installation of any foundations was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1328,46 Raleigh Tavern Lane (Bennett)(Soilsmith Designs) A motion to accept the OOC as drafted with the bond set at $3,000, to waive the fines that were levied to the homeowner/applicant, levy a fine in the amount of$2,700 to the contractor, which shall be paid prior to the pre-construction meeting was made by Mr Lynch, seconded by Ms Feltovic Chairman Masse and Mr Mabon both abstained from voting A motion to adjourn the meeting at 9:45pm was made by Ms. Feltovic seconded by Mr. Mabon. Unanimous. 17; 7