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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) 1 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, 2 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 3 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 4 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 5 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 6 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 7 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 8 242-1334, 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. 9