HomeMy WebLinkAbout2005-09-14 Conservation Commission Minutes D
Conservation Commission Meeting Minutes
September 14, 2005
Members Present: Scott L Masse, Chairman, and Albert P Manzi, Jr , Vice Chairman, Joseph
W Lynch, Jr, Sean F McDonough, and Louis A Napoli
Members Absent: Deborah Feltovic, 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: 7:02 Quorum Present.
Pledge of Allegiance
General Business
242-1273, COC Request, 113 Bridges Lane (Kitchen)(New England Engineering Services,
Inc.)(Cont from 8/24/05)
Mrs Patricia Kitchen was present Ms Merrill stated that the NACC requested that she or the
current homeowner get a written statement from the neighbor authorizing them to keep the shed
on their property Ms Kitchen had been in contact with the neighbor, Fred Colarusso, who gave
a verbal okay to allow the shed to stay where it was, but he didn't want to put anything in
writing Mr McDonough stated that there should be an easement in place on the property to
make it legal Mr Lynch stated that the shed should be removed off of the property so that it
complies with the zoning bylaw Other members stated that the zoning laws were not under their
jurisdiction Discussion continued regarding the legalities of the location of the shed Mr Manzi
was satisfied that the neighbor was notified and was satisfied with the verbal okay Mr Lynch
said that the shed was not a permanent structure and that the neighbor could request the shed be
removed at any time Mr Manzi motioned to issue a COC and to release the remaining $500
performance bond Mr Napoli seconded The vote was 3 /2 (Mr Lynch& Mr McDonough
opposed) Vote passes
242-1145, COC Request, Foster Street-Woodchuck Hill Substation (New England Power
Company)(cont. from 8/10/05)
No one was present Ms McKay stated that a meeting was held with Daniel McIntyre of
National Grid to discuss the Conservation Restriction Several items were negotiated with regard
to the proposed language and the location of the Conservation Restriction Ms McKay and Mr
Masse were satisfied with the progress and revisions Ms McKay informed the Commission that
the plans still needed to be finalized Furthermore, Ms McKay was not able to conduct a second
field inspection to verify if the `No Pesticides' or `No Herbicide' spraying markers were installed
as required in the OOC A motion to continue to the September 28, 2005 meeting was made by
Mr. Manzi, seconded by Mr Lynch. Unanimous
242-654, COC Request, 400 Winter Street-580 Winter Street (Munroe)(cont. from 8/24/05)
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No one was present Ms Merrill stated that the attorney for the current homeowner submitted a
modification request for all conditions in the OOC, which pertains to the original project since it
was never constructed Ms. Merrill said that she was able to locate a Negative Determination that
pertains to the construction of the new single-family dwelling and septic system Mr.
McDonough asked if the driveway was still a gravel driveway Ms Merrill stated that the
majority of the driveway was gravel, but that the upper portion, closest to the house was paved
Mr Manzi motioned to issue the modification, seconded by Mr Lynch Unanimous Mr Lynch
motioned to issue a COC, as modified, seconded by Mr Manzi Unanimous
242-1292,COC Request,35 Wright Avenue (Hansen)(New England Engineering Services,
Inc.
Mr Stephen Hansen(applicant) was present Ms Merrill stated that all of the conditions in the
OOC were satisfied The shed was removed altogether and the debris was removed from the
resource area The pool filter back flush pipe had been relocated to the opposite side of the house
lot She had no issues with the site A motion to issue the COC and to release the performance
bond was made by Mr McDonough, seconded by Mr Lynch. Unanimous
242-1133,COC Request, 95 Lyons Way-Lot 5 (O'Neil)(Cuoco & Cormier)
Mr Richard O'Neil (applicant) was present Ms Merrill stated that all of conditions in the OOC
were satisfied The applicant's engineer had submitted evidence of maintenance of the
stormwater system on an annual basis for 2 years from when the system went on-line Perpetual
conditions Compliance with the Operation and Maintenance Plan dated April 24, 2002 A
motion to issue the COC and to release the performance bond was made by Mr Lynch, seconded
by Mr. Manzi Unanimous
242-848, COC Request,85 Laconia Circle(Engstrom)(New England Engineering Services,
Inc.
John Burke, (the applicant's lawyer) and Ben Osgood, Jr , New England Engineering Services,
Inc were present to represent the applicant Chairman Masse informed the Commission that the
COC request had been worked out with him and the applicant's lawyer He further stated that the
applicant's former engineer, Merrimack Eng (Steve Stapmski, PLS) had made several mistakes
with the project at no fault to the homeowner A motion to issue the modification was made by
Mr Manzi, seconded Mr Lynch Unanimous A motion to issue the COC and to release the
performance bond was made by Mr Manzi, seconded by Mr Lynch Unanimous
242-1210,COC Request, 1525 Forest Street Extension-Lot 3 (Finocchio)(Hancock)
No one was present Ms Merrill stated that the project was in compliance with the OOC and had
no issues The applicant decided not to build the pool and patio that was depicted on the record
plan A motion to issue the COC and to release the performance bond was made by Mr Lynch,
seconded by Mr Napoli Unanimous
Enforcement Order Ratification:
Uncle Bobs Self Storage Building Turnpike Street
No one was present Ms. Merrill stated that an enforcement order was issued for the
unauthorized clearing of BVW associated with a perennial stream and the 25' NDZ. The regional
manager of Uncle Bob's Storage had removed numerous trees and the entire under story,
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exposing the unnamed stream(tributary to Boston Brook) The manager's intentions were to
make the building more visible from Rt 114 The enforcement order mandated that the applicant
file an NOI for restoration activities within 30 days A fine was not levied Mr Manzi requested
erosion controls be installed immediately A motion to amend the Enforcement Order was made
by Mr Manzi, seconded by Mr Lynch Unanimous
242-967,Great Pond Road
Ms Merrill explained that the OOC had expired and an extension was never requested She had
verified that all mitigation work had been completed by the previous landowner /applicant and
had successfully survived 2 full growing seasons Ms Merrill further stated that the enforcement
order would allow the new landowner to complete the construction of the 3 house lots within a
one-year time frame Any work that was not completed by the deadline would have to be done
through a permit application A motion to ratify the Enforcement Order giving a one-year
deadline of September 1, 2006 was made by Mr Manzi, and seconded by Mr Lynch
Unanimous
Great Lawrence Sanitary District
Ms McKay explained that the applicant wanted to correct portions of the site's drainage along
Charles Street due to large amounts of ice on the roadway in the winter months The applicant
intends to dig a ditch to facilitate the water runoff towards an adjacent catch basin It is presumed
that the Matses' (abutter) had inadvertently covered the catch basin, therefore inhibiting water
from passing A motion to ratify the Enforcement Order was made by Mr Manzi, seconded by
Mr Lynch Unanimous
32 Paddock Lane
Mr Duffy (homeowner/applicant) informed the NACD & BOH that his well had dried up and
was requesting to install another artesian well on his property The work would be conducted
greater than 50 feet from the wetland Ms McKay indicated that it was a health issue that needed
to be immediately addressed The applicant would be using erosion controls at the limit of work
A motion to ratify the Enforcement Order was made by Mr Manzi, seconded by Mr Lynch
Unanimous
Enforcement Order Update
2 Blueberry Hill Road
No one was present Ms Merrill informed the Commission that the applicant did not receive the
original enforcement order A second copy was sent via hand delivery to ensure that it was
received The applicant had continued to do work after he was told to cease and desist Their
landscapers were observed hauling loam onto the site and subsequently spreading it throughout
the disturbed area Ms Merrill stopped and informed the landscapers and a cease & desist order
was issued The homeowners installed erosion control under the direction of Ms Merrill The
homeowners have also retained Bill Manuel of Wetlands & Land Management, Inc to assist
with the restoration report A NOI should be forthcoming
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Update one Lucent Master Plan-Smart Growth Meeting
Mr Lynch attended a recent workshop regarding the master plan at Lucent and the concept of a
40R project Nancy Colbert presented a draft bylaw, which covered requirements associated with
Zoning, Planning, and Conservation This bylaw would be presented for approval at the
December 5, 2005 Special Town Meeting The local boards would be involved with the 40R
process. Furthermore, it was presumed to have greater financial awards to the Town in the first
year Mr Lynch said Reading, MA was entertaining their first 40R
Filing Fee Appropriation
Mr Manzi motioned to appropriate $700 from the filing fee account for the purchase of the
MACC Wetland Bylaw book for all members, which will be out and ready for purchase around
March of 2006 Mr Seconded Unanimous
Public Hearing: 8:05pm
No Recess
Request for Determination of Applicability
83 Willow Ridge Road, (Leccesse)(Giles)
Mr Michael Leccesse (homeowner/applicant) was present Mr McDonough read the legal
notice Ms Merrill explained that the applicant was proposing to extend the existing 2-stall
garage in order to construct a single-car garage and a three-season living space The three-season
room would be constructed in the same footprint as the existing deck The garage addition was
proposed 73' from the adjacent BVW at its closest point. As a result of a denied building permit
application, an RDA was filed Ms McKay reviewed the offsite wetland line and was in opinion
that it was a potential vernal pool The wetland was located entirely on the Harold Parker
property The most recent NHESP map did not show any certified vernal pools on the lot,
however the NHESP potential vernal pool CD did show it as a potential Vernal Pool In order to
meet the 75' No Build Zone associated with the vernal pool, the applicant decided to reduce the
addition by 2' The 50' No Disturb Zone was very wooded and was not maintained, except
where the driveway runs parallel with the stonewall Ms Merrill explained that since the critical
habitat area would be left untouched, work could be constructed at a distance of 75' or greater,
the 50-foot No-Build zone would not be disturbed, there was minimal grading proposed due to
the flat topography, no trees or other vegetation would be removed, and temporary erosion
control measures would be used, the development would not cause any adverse impacts to the
potential vernal pool and BVW The measurements referring to the length of the addition were
depicted incorrectly The PLS would revise the plan Ms Merrill said that the Commission could
issue a negative determination with special conditions (revised plans to be submitted prior to the
pre-construction meeting that show the garage redesigned to meet the 75-foot No-Disturbance
zone and would serve as the record plan, pre-construction meeting, post construction inspection,
75' No Build Zone staked in the field by a Professional Land Surveyor, etc). Mr Manzi stated
that the existing stonewall would provide a great barrier as it does not allow the salamanders or
frogs from migrating towards the house A motion to issue a negative determination with
conditions as noted was made by Mr Manzi, seconded by Mr Lynch. Unanimous
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Abbreviated Notice of Resource Area Delineation:
242-1336, 1600 Osgood Street(1600 Osgood Street, LLC)(Epsilon Associates, Inc.)(cont.
from 9/28/05)
No one was present The applicant wanted to continue to the September 28, 2005 meeting to
allow the 3 d party consultant to finish reviewing the wetland delineation and subsequent report
A motion to continue to the September 28, 2005 meeting was made by Mr Manzi, seconded by
Mr Lynch Unanimous
Notice of Intents
242-1208, Foster Farm Elementary School(North Andover Building Committee)(cont.
from 8/10/05)
No one was present The Commission voted to continue to the October 26, 2005 meeting A
motion to continue to the October 26, 2005 meeting was made by Mr Manzi, seconded by Mr
Lynch Unanimous
242-1320,35 Holly Ridge Road (Sachs)(Giles)(cont. from 8/24/05)
Mr Philip Sachs (homeowner/applicant) was present Ms Merrill stated that at the last meeting
Mr Lynch informed the homeowner that the applicant had the capability/area to construct 120
s f. of compensatory flood storage and still be able to build the proposed project Revised plans
were submitted to show the compensatory flood storage area to a 1 1 ratio The elevation in this
area currently ranges from 206 9 to 207 5 This area would be graded slightly at or below
elevation 206 7, and would subsequently be loamed and seeded to provide flood storage Ms
Merrill noted that she had no further issues with the proposal Mr Lynch was satisfied with the
proposal as well Mr Masse asked Ms Merrill if the applicant was going to remove the portion
of the patio that was within the 25' NDZ Ms Merrill said no A motion to close an issue a
decision in 21 days was made by Mr Manzi, seconded by Mr Lynch Unanimous
242-1330,55 Oakes Drive (Donadt)(New England Engineering Services, Inc.)(cont.8/24/05)
Ben Osgood, Jr ,New England Engineering Services, Inc (representative) was present Ms
McKay stated that comments were received from Natural Heritage, which stated that the project
would not affect the habitat of rare wildlife No further issues A motion to close and issue a
decision in 21 days was made by Mr Manzi, seconded by Mr Napoli Unanimous
242-1329, 1365 Salem Street (Doherty)(New England Engineering Services, Inc.)(cont. from
8/24/05)
Ben Osgood, Jr ,New England Engineering Services, Inc (representative) was present Ms
McKay stated that comments were received from Natural Heritage, which stated that the project
would not affect the habitat of rare wildlife No further issues A motion to close and issue a
decision in 21 days was made by Mr Manzi, seconded by Mr Napoli Unanimous
242-1319,Winter Street (Gaglione)(Merrimack Engineering)(cont. from 8/10/05)
John Murphy, P E , Merrimack Engineering Services, Inc (representative) was present Ms
McKay stated that the filing was for the construction of a single-family dwelling, subsurface
sewage disposal system, and associated grading and utilities within the BZ to a BVW. The 25'
NDZ and 50' NBZ setbacks were being met as proposed Revised plans were submitted showing
an erosion control detail Since the ORAD expired on 12/12/04, Epsilon Associates reflagged the
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wetland boundary in August of 2005 A wetland delineation report accompanied the NOI
application The wetland line had been reviewed, including the confirmation of the non-
jurisdictional isolated area and approved by staff An existing drainage channel on the site was
confirmed to be non jurisdictional as well, since no flow was observed and the presence of
hydric soils and wetland vegetation were lacking An existing 12"outlet feeding the drainage
channel was shown on the submitted plan Although the pipe could not be identified in the field,
it was evident that it may be buried by soil or leaf litter Mr Murphy stated that the pipe would
be removed at the wall culvert pipe off site where neighbors redirected the drainage and
subsequently installed the pipe at the concrete block wall Nick Guerrera of 514 Winter Street
(abutter) made note that his backyard had flooded in the last 4 - 5 years and was concerned that
once the tree strata were removed, the flooding would worsen Mr Manzi told Mr Murphy that
pre &post construction runoff rates must stay the same Mr Murphy stated that MES did not
perform a hyrdo-analysis Chairman Masse wanted Mr Murphy to attempt to address Mr
Guerrera's concern Mr Lynch noted that the applicant wasn't proposing rooftop runoff
recharge The gutters would discharge onto the driveway and sheet flow towards the wetland,
therefore possibly increasing the water levels onto the neighbor's property Mr McDonough
wanted the applicant to identify an alternative analysis of the driveway to be located outside of
the 50' NBZ Mr Murphy requested a continuance to the September 28, 2005 meeting A motion
to continue to the September 28, 2005 meeting was made by Mr Lynch, seconded by Mr Manzi
Unanimous
242-1332,Chestnut St.,Forest St., Wood Ave. & Academy Road (Town of North Andover-
DPW)(cont. 8/24/05)
No one was present Ms McKay stated that at the last meeting the Commission required the
DPW to pay the local fees, which have been paid Comments from Natural Heritage were
received, which stated that the project would not have adverse affect on actual habitat of state-
listed rare wildlife species A motion to close and issue a decision in 21 days was made by Mr
Manzi, seconded by Mr Napoli Unanimous
242-1325, 16 Jetwood Street (Nicolosi)(New England Engineering Services,Inc.)(cont. from
7/27/05)
Dan Nicolosi (applicant/homeowner) and Ben Osgood, Jr,New England Engineering Services,
Inc (representative) were present Ms McKay stated that the revised plans showed an infiltrator
system and additional buffer zone and wetland plantings Additionally, the applicant submitted
an impact analysis report prepared by Basbanes Associates, as well as a letter from Charles
Foster, former Town Building Inspector The impact analysis report indicated that there were no
practicable conditions or alternatives on the site that would allow the project to proceed in
compliance with the regulations The Basbanes report also identified how the proposed project
would over come or have no adverse impact on the 11 interests of the Bylaw As part of the
restoration proposal, 24 buffer zone enhancement plantings (6 High bush Blueberry, 6
Winterberry, 6 Arrowwood, and 6 Red Osier Dogwoods) would be installed, along with the
removal of a large brush pile from the `A-series' wetland A drywell would be installed to collect
rooftop runoff from the gutters to provide groundwater recharge A stone infiltration trench was
also proposed on the down gradient side of the driveway to collect additional runoff from the
driveway Ms McKay felt that although the applicant made good efforts relative to the
mitigation proposal to offset the impacts to the buffer zone areas, additional information and
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mitigation should be proposed given the significant amount of buffer zone impact She further
suggested that the shed directly adjacent to the resource area be removed and areas underneath
the removed shed be adequately restored She suggested that the maintained lawn areas within
the wetland area between flags B3 & B4 be reverted back to a viable resource area The amount
of impact and mitigation should be included in the file Mr Manzi stated that the Commission
should set up an escrow to have Patrick Seekamp review the wetland line and NOI Mr Osgood
requested to leave the room so he could explain the process to his client The Commission took
a short recess Mr Osgood and Mr Nicolosi returned to the room Mr Osgood stated that the
applicant was okay with a 3`d party review A motion to setup escrow in the amount of $500 for
Patrick Seekamp was made by Mr Manzi, seconded by Mr Lynch Chairman Masse interrupted
to say that he didn't feel that a 3`d party review was necessary Having Ms Basbanes present at
the next meeting would give the Commission the chance to question her analysis The
Commission requested that Leah Basbanes be present at the next meeting so that she could
elaborate her proposal Mr McDonough indicated that his vote to deny the project would not be
based on Mr Osgood's absence at any hearing, rather based on the merits of the project A
motion to continue to the September 28, 2005 meeting was made by Mr Lynch, seconded by Mr
Napoli Unanimous
242-1333,Waverly Road/Turnpike Street-Walueen's (Mark Investments)(Bohler
Engineering, PC.)
William D Goebel, Bohler Engineering, PC was present Mr Manzi read the legal notice Ms
McKay stated that the filing was for the removal of several existing single-family dwellings
along Waverly Road in order to construct a 14,820 s f Walgreen's Pharmacy and an additional
separate retail building of approximately 11, 385 s f with associated grading, stormwater
management structures, parking, and appurtenances within the Buffer Zone to BVW The
majority of the proposed work would be located outside of the buffer zone The resource area
affecting the proposed project lies off property to the south on the Eaglewood site The resource
area was delineated and approved under the Eaglewood Order of Conditions issued on 2/26/04
under file# 242-1220 The wetland delineation for Eaglewood was conducted in November of
2002 The wetland boundary had not yet been re-verified in the field Ms McKay stated that she
was able to address some of her initial concerns with the engineer, such as revising the plan(i e
clarification on the landscaping plan, proposing encroachment into the 25' NDZ with no
mitigation, proposing additional wetland buffer zone plantings within the NDZ, adding the
wetland flag#'s to the plan, providing the 50 NBZ, providing an erosion control detail, changing
the location of the erosion controls, as they were proposed within the 25-foot No-Disturbance
zone, and to designating snow stockpiling areas) Ms McKay informed the Commission that the
detention pond elevations did not appear to meet the 2' groundwater separation and needed to be
revised She stated that an outside consultant should review the drainage She further stated that
DEP had several comments relating to the stormwater management design and O & M plan
procedures "Requires more frequent sweeping and cleaning of catch basins claiming 80% TSS
for Vorsentry system Has not gone through DEP STEP program NEED copies of studies
documenting 80% TSS use appendix D Claiming infiltration in basins but also stating that the
wetland vegetation may grow in the basins(infiltration basins?). Infiltration requires at least 2
feet separation from seasonal high groundwater Must provide soil logs See vol II of stormwater
policy for infiltration criteria" Ms McKay also stated that the fees were incorrectly categorized
and calculated (Notice of Intent states is cat 2 should be Cat. 3). Additional state and local fees
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are required She stated that the applicant also submitted a waiver relative to section 7 0-of the
Storm water Management Bylaw for the 1 year storm event, claiming it may pose maintenance
and safety concerns since it will require a small orifice within the basin, which may become
easily blocked, potentially resulting in unsafe stationary water in the basin Mr Lynch noted that
these plans would have to be revised to successfully meet the Stormwater Management Policy A
motion to set up an escrow account for Patrick Seekamp to review the wetland line in the amount
of$1,000 was made by Mr Manzi, seconded by Mr Napoli Unanimous A motion to set up an
escrow account for stormwater review with Lisa Eggleston in the amount$5,000 was made by
Mr Manzi, seconded by Mr. Napoli Unanimous A motion to continue to the October 12, 2005
meeting was made by Mr Manzi, seconded by Mr Napoli Unanimous
242-1334, 156 North Ramp Road-LMA (WTF, LLC)(Andover Consultants, Inc.)
William S MacLeod, P E , Andover Consultants, Inc , (representative) and Mark Scott, manager
of WTF, LLC (applicant) were present Ms McKay stated that the filing was for the construction
of an airplane hangar and associated grading to an existing paved area within the Buffer Zone to
BVW A second hangar was being proposed, but is outside of the Buffer Zone No work is
proposed within the 25' NDZ or 50' NBZ The hangar is proposed 5 F from the BVW at its
closest point Erosion controls are proposed just beyond the existing pavement at approximately
27' from the BVW The wetlands were delineated by Norse Environmental Services, and were
reviewed and approved by staff No issues A motion to close and issue a decision in 21 days
was made by Mr Manzi, seconded by Mr Napoli Unanimous
242-1335, 72 Paddock Lane (Delaney)(Merrimack Engineering Services,Inc.)
John Murphy, Merrimack Engineering Services, Inc , (representative) was present Mr Manzi
read the legal notice Ms McKay stated that the filing was for the upgrade of a subsurface
sewage disposal system with associated grading within the Buffer Zone to a BVW A portion of
the existing driveway would be removed and replaced in order to accommodate the leach field
This work would occur outside of the Buffer Zone No work is proposed within the 25' NDZ or
50' NBZ Erosion controls were proposed along the limit of work(at the existing tree line) The
wetlands were delineated by Norse Environmental Services, and were reviewed and approved
No further issues A motion to close and issue a decision in 21 days was made by Mr Manzi,
seconded by Mr Napoli Unanimous
Mr. Albert Manzi left the meeting at: 9:35pm
Decisions:
242-1308, 1025 Osgood Street(Hearthstone Realty Corp.)(MHF Design Consultants)
Boilerplate OOC with approved O&M Plan attached and additional soil testing, No Salt/No
Snow Stockpiling signs,performance bond of$10,000 A motion to accept the Order of
Conditions as drafted was made by Mr Lynch, seconded by Mr McDonough Unanimous
242-1329, 1365 Salem Street (Doherty)(New England Engineering Services, Inc,)
Boilerplate OOC, performance bond of$1,500 A motion to accept the Order of Conditions as
drafted was made by Mr Lynch, seconded by Mr Napoli Unanimous
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242-1334, 156 Ramp Road-Lawrence Municipal Airport (WTF,LLC)(Andover
Consultants, Inc.)
The OOC is boilerplate with a condition requiring a PLS to stake out the corners of the building
to ensure the 50' NBZ is met and a performance bond of$1,500 Mr Lynch wanted to include a
condition mandating that there would be no hazardous products stored outside of the building A
motion to accept the Order of Conditions as amended was made by Mr Lynch, seconded by Mr
Napoli Unanimous
242-1335, 72 Paddock Lane (Delaney)(Merrimack Engineering Services,Inc.)
Boilerplate OOC with a performance bond of$1,000 A motion to accept the Order of
Conditions as drafted was made by Mr McDonough, seconded by Mr Lynch Unanimous
242-1330, 55 Oakes Drive (Donadt)(New England Engineering Services, Inc.)
Boilerplate OOC with a performance bond of$1,500 A motion to accept the Order of
Conditions as drafted was made by Mr Lynch, seconded by Mr McDonough Unanimous
242-1320, 35 Holly Ridge Road (Sachs)(Giles)
The OOC requires a performance bond of$1,500, a PLS to stake out the 50' NBZ, portions of
the patio to be removed prior to the issuance of a COC and subsequently re-vegetated, and the
compensatory flood storage to be constructed prior to the filling of BLSF A motion to accept the
Order of Conditions as drafted was made by Mr McDonough, seconded by Mr Lynch
Unanimous
A motion to adjourn the meeting at 10:005pm was made by Mr. McDonough, seconded by
Mr. Napoli.
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