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HomeMy WebLinkAbout2005-10-12 Conservation Commission Minutes S 4v Conservation Commission Meeting Minutes October 12,2005 Members Present: Scott L Masse, Chairman, and Joseph W Lynch, Jr, John J Mabon, Sean F McDonough and Louis A Napoli Members Absent: Albert P Manzi, Jr , Vice Chairman, Deborah Feltovic Staff Members Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:12pm Quorum Present. Pledge of Allegiance General Business 242-1161, COC Request, Sewer Contract 3D-Dale Street& Glencrest Road (DPW)(Guertin Elkerton & Associates) No one was present Ms Merrill stated the Order of Conditions was issued to the DPW for installation of a sewer line and 14 sewer manholes within the Buffer Zone to a Bordering Vegetated Wetland The applicant was required to appoint an environmental monitor to oversee construction and the erosion controls As, such Guertin,Elkerton&Associates, Inc. was retained Reports were submitted throughout the construction During the June 2005, the contractor removed the erosion control and has subsequently seeded and hay mulched these areas An inspection was conducted on Thursday, October 6, 2005 All areas were stable with no sign of any erosion Present to vote Scott Masse, Joseph Lynch, John Mabon, Sean McDonough, and Louis Napoli A motion to issue the COC and bond release was made by Mr Mabon, seconded by Mr Napoli Unanimous NACC# 14, COC Request, 975 Forest Street(Dubois)(Hancock Associates) The applicant Dana Dubois was present Ms Merrill stated the Order of Conditions was issued on December 22, 2003 for reconstruction of an existing 3-season room within the existing footprint The work took place within 100' of a jurisdictional Isolated Vegetated Wetland and a certified vernal pool Since the proposed sunroom was being replaced in kind and the project could not conform to the 75' No-Build zone,the Order of Conditions required the applicant to plant 6 shrubs along the 50' No-Disturbance Zone The applicant retained Hancock Associates to monitor construction Reports were submitted to the department An inspection was conducted on Wednesday, October 5, 2005 All disturbed areas were stable against erosion The silt fence and wooded stakes had been removed from the erosion control line The hay bales had been knocked around to biodegrade The six high bush blueberry shrubs were planted during the summer months and were placed along the 50-foot No-Disturbance Zone These shrubs appeared to be growing well with no sign of stress As-Built plans consistent with the approved plans were consistent with the approved plans and measurements were confirmed in the field Present to vote Scott Masse, Joseph Lynch,John Mabon, Sean McDonough, and Louis Napoli A motion 1 to issue the COC and bond release was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1113, COC Request, 934 Salem Street(Crabtree)(New England Engineering Services, Inc. Thomas Hector of New England Engineering Services, Inc was present Ms Merrill stated the Order of Conditions was issued on December 12, 2001 for the installation of a new 2"PVC force main and pump within the Buffer Zone to a Bordering Vegetated Wetland An Enforcement Order was issued in 2002 for non-compliance with the Order of Conditions (i e , completing work without a pre-construction meeting) A$ 300 fine was subsequently issued To date the fine has been paid A follow-up Enforcement Order was issued in February 2005 for non- compliance of the previous Enforcement Order An inspection was conducted on Tuesday, October 11, 2005,which revealed all areas were stable against erosion The homeowner has ceased from maintaining the 25-foot No-Disturbance Zone The original Enforcement Order required the applicant to restore the slope adjacent to the driveway,which was previously cleared It was noted during the inspection that the applicant has planted some shrubs along portions of the driveway The New England Power Company cut vegetation within the easement during 2003/2004 This area includes portions of the wetland and majority of the 25-foot No- Disturbance Zone The Order of conditions required the applicant to retain an Environmental Monitor who should have submitted reports throughout the sewer connection However, since the sewer tie-in was completed without pre-construction meeting, a monitor was never appointed Mr Napoli stated the side slope is steep in the area according to the As-Built Plan Ms Merrill stated when I did my site visit the applicants wife was talking to me about cleaning up the area, I told her leave it alone throw some wildflower seed or wetland mix seed and just let them grow and they will cover up the ugly aggressive cover that shows now Mr Lynch stated flat meadow area where the old railroad bed ran thru North Andover the New England Power Company had cut everything within the buffer zones, which they had not done in about 25 years Present to vote Scott Masse, Joseph Lynch, John Mabon, Sean McDonough, and Louis Napoli A motion to issue the COC and bond release was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1269, COC Reguest, 100 Raleigh Tavern Lane (Wondolowski)(New England Engineering Services,Inc.) Thomas Hector of New England Engineering Services, Inc was present Ms Merrill stated an Order of Conditions was issued on October 21, 2004 for the installation of a new septic system and associated leach field within the 100' Buffer Zone to a Bordering Vegetated Wetland Since the limit of work was proposed approximately 13' from the delineated edge of the Bordering Vegetated Wetland, the applicant was required to plant shrubs along this area Additionally, 6 wood duck boxes were to be placed within the resource area The applicant retained New England Engineering Services, Inc to monitor the construction The reports were submitted to the department during the installation process An inspection was conducted on Thursday, October 7, 2005, which revealed all disturbed areas were stable against any erosion As-Built plans were consistent with approved plans To date,the house has been sold The signed affidavit was included with the COC request The new homeowners have re-vegetated the area just beyond the limits of work with berry shrubs and wild flowers The 6 wood duck boxes were installed on the trees that were close to the waters edge Markers were placed along the edge of the delineation 2 wetland Mr Lynch stated rip rap was required with Order of Conditions over time the grass will take over cover up the area Present to vote Scott Masse, Joseph Lynch, John Mabon, Sean McDonough, and Louis Napoli A motion to issue the COC and bond release was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1291, COC Request, 121 Raleigh Tavern Lane (Glennon)(New England Engineering Services, Inc.) Thomas Hector of New England Engineering Services,Inc was present Ms Merrill stated the Order of Conditions was issued on January 13, 2005 for the installation of a new septic system and associated leach field within the 100' Buffer Zone The applicant retained New England Engineering Services, Inc , to monitor construction Reports were submitted to the department during the installation process A pile of concrete, gravel and grass clippings had been removed from the wetland as required in the Order of Conditions An inspection was conducted on Thursday, October 7, 2005, which revealed all disturbed areas were stable against erosion As- Built plans were consistent with the approved plans To, date the house has been sold New England Engineering recently sent a letter to the new homeowner to read and sign the affidavit and subsequently send to the North Andover Conservation Department Present to vote Scott Masse, Joseph Lynch, John Mabon, Sean McDonough, and Louis Napoli A motion to continue to October 26, 2005 meeting for signed Affidavit was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-871, Request for Bond Release, Berrington Estates (Mesiti Development Corporation) No one was present Ms Merrill stated Mesiti Development is seeking the release of the $39K performance bond The site was issued a SOOC by DEP on October 1998 The applicant had previously requested a bond release, however the North Andover Conservation Commission informed the applicant the bond release would not be released until a COC was issued by the DEP On May 26,2005 the DEP inspected the site and issued the COC on October 5, 2005 Present to vote Scott Masse, Joseph Lynch, John Mabon, Sean McDonough, and Louis Napoli A motion to issue the bond release was made by Mr Mabon, seconded by Mr Lynch Unanimous Enforcement Order Ratification 90 Sutton Street (Apartment Complex) Ms McKay stated she meet with applicant Anthony Zanbone he wants to install 4-foot retaining wall by the curbing next to the Dancing School and install a fence Ms McKay stated these minor impacts here Present to vote Scott Masse, Joseph Lynch, John Mabon, Sean McDonough, and Louis Napoli A motion to ratify the enforcement order was made by Mr Lynch, seconded by Mr Napoli Enforcement Order Updates Uncle Bob' s Self Storage Ms Merrill stated general erosion controls were installed did not meet the deadline for filing Notice of Intent Mr Osgood should be filing before noon this Friday the Notice of Intent Mr Lynch stated if they do file by Friday backdate the fine back to August 30, 2005 3 2 Blueberry Hill Lane Ms. Merrill stated the applicant just received their abutter list William Manuell of Wetland& Land Management, Inc , has prepared the plans and restoration plan for the applicant They would be submitting the Notice of Intent on Friday, October 14, 2005 Updates-Lucent Master Plan/Bylaw-Louis Napoli—subcommittee Member. Mr Napoli stated they have had two meetings for definitive/plans including all Bylaws in the changes would be submitted to special town meeting December 5, 2005 Mr Lynch stated the Bylaws Development and regulation are very important cannot say how important the Bylaw would be for the Development of the 40R project Ch. 61 Forestry, Right of first Refusal,605 Osgood Street,Albert& Maeve Cullen Ms Merrill stated there would be CPA meeting tomorrow night I would be making a presentation to the Community Preservation Act Committee to see if we can get some money to by the property The members did site walk on site Ms McKay, John J Mabon Conservation Commission Member, and I The property is beautiful The offer of the land is only 12 7 acres does not include the house The bid for property is 2 4 million 14 acres excluded I think this should have a lawyer to check on this submittal Public Hearings: 8:10pm Abbreviated Notice of Resource Area Delineation 242-1336, 1600 Osgood Street(1600 Osgood Street,LLC)(Epsilon Associates, Inc.)(Cont. from 8/24/05)(Reguest to cont. to 10/12/05) Julie Vondrak of Epsilon Associates, Inc was present Ms McKay stated the field verifications and plan revisions have been completed The field verifications were reviewed by Seekamp Environmental Consulting, Epsilon, and myself with regard to federal, state, local (By-law) wetland and Riverfront regulations All three wetland parameters (vegetation, soils and, hydrology) were considered during the field review, Further, Seekamp Environmental Consulting, Inc , substantially agrees with the Rlverfront determination for on site stream systems The previously identified Bordering Land Subject to flooding elevations has been removed from the plan because they were found inaccurate The applicant will request an approval of the Bordering Land Subject to flooding under a separate filing at a later date A final report was received at the end of today from Seekamp Environmental Consulting Inc , outlining all resource areas and associated field changes Mrs Vondrak stated 18 areas non jurisdictional, bordering line, small areas, large areas, soil tests hydric soil, and 3,000 s f series 13 and 36 series, we moved two Flags 10-feet This area was resurveyed central area A master plan would be submitted with changes Present to vote Scott Masse, Joseph Lynch, John Mabon, Sean McDonough, and Louis Napoli A motion to issue the ORAD was made by Mr Lynch, seconded by Mr Napoli Unanimous 4 Notice of Intent (s) 242-1319, Winter Street(Gaglione)(Merrimack Engineering Services, Inc.)(cont.from 9/14/05) The applicant Mr Gaglione and John Murphy of Merrimack Engineering Services, Inc was present Ms. McKay stated at the meeting on 9/14/05, the Commission had requested and alternative analysis for the driveway location, which is located within the 50-foot No-Build zone Abutters also had concerns regarding drainage and if there would be potential for increase in flows to their property The Commission suggested that the applicant try and address the drainage concerns raised by abutters The revised plans and an alternative analysis have been submitted as requested No cover sheet or note on plan that indicate revisions made Staff assumes that the only change made was for addition of the roof drain infiltration system and detail to address stormwater runoff No change was noted for the driveway layout Alternative analysis explains that location of driveway is limited on the lot due to the location of the proposed septic system layout The applicant requesting a waiver for the driveway in the 50-foot No-build zone (no waiver requested submitted) Mr McDonough stated the driveway should be taken out of the 50-foot No-Build zone maybe make the house a smaller house than 4 bedroom house this way you might more room on the lot this lot is extremely small Mr Lynch stated when was this land subdivided to lot 3A Mr Gaglione stated I bought the land back in 1975 Mr Lynch stated the applicant needs to submit a waiver request and probably make the house smaller snow-stockpiling area may be in violation Present to vote Scott Masse, Joseph Lynch, John Mabon, Sean McDonough, and Louis Napoli A motion to continue to October 26, 2005 meeting was made by Mr Lynch, seconded by Mr McDonough Unanimous 242-1333,Waverly Road/Turnpike Street-Walgreen's Pharmacy (Mark Investments, Inc.)(Bohler Engineering, P. C.)(cont. from 9/14/05) William D Goebel and James A Bernardino of Bohler Engineering, P C and Dean of Mark Investments, Inc was present Ms McKay stated the revised fees paid The applicant notified this department following the meeting of 9/14/05, indicating that some abutters in neighboring towns (Andover/Lawrence) may have not been properly notified Since that time, I believe that the applicant has properly re-notified abutters and re-advertised the legal notice Escrow account has been set up for both drainage review with Lisa Eggleston and wetland review with Patrick Seekamp The revised plans were submitted depicting changes as a result of the Planning Board review and preliminary comments from this department However, plans do not depict all changes as recommended by staff(i e —revisions to the tree line that encroach into the 25-foot No-Disturbance zone, ect Patrick Seekamp and myself have not yet reviewed the wetlands or site for resource area impacts A site inspection has been scheduled for Tuesday 10/18/05 Lisa Eggleston has submitted her first drainage review and offers many comments including: the drainage system design provides no segregation of the relatively clean rooftop runoff from pavement runoff on the site The project as proposed provides inadequate groundwater recharge and concentrates the recharge at the furthest down gradient portion of the property There is no indication of seasonal high groundwater elevations on the site The project as proposed does not include peak runoff rates for the 1-year storm (applicant requesting waiver), nor does it address impacts to any increase volume to the two municipal drainage systems The increases associated with the 100-yr storm event are proportionately less but not insignificant The potential impacts of these increases on downstream resources and properties need to be addressed Without 5 accounting for groundwater recharge, the projected volumes of runoff from the site will necessary increase No storage capacity for proposed basins No Test pit data/storage capacity calculations Provided documenting the maximum seasonal high groundwater table Mr Masse stated is these lots in the purchase agreement Mr Goebel stated yes they are included under the purchase agreement The filing did not have to go thru The Zoning Board of Appeals because the zoning was changed in this area was approved thru Town Meeting Bohler Engineering send in detailed letter addressing concerns volume run-off and addressing infiltration Mr Lynch stated they need to address a few problems per Lisa Eggleston comments there is some work by the engineers-to make this project work The work being done in the 25-foot No-disturbance zone would have to be 2 1 mitigation Ms McKay stated the signs No-Snow stockpiling areas should be shown on the plans Mr McDonough asked about the parking lot how many parking spaces would be in this area Mr Goebel stated there would drive-thru and roughly 158 parking spaces Mr Lynch stated the snow stockpiling area needs to be addressed with all the melt off could be Enforcement Order problem in this area Also the O &M plan should include the snow stockpiling area or if the snow should be trucked of site The Engineers maybe should submit an alternative analysis for this area Present to vote Scott Masse, Joseph Lynch, John Mabon, Sean McDonough, and Louis Napoli A motion to continue to November 2, 2005 meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1337, Turnpike Street-Old Salem Village(Key-Lime, Inc.)(Haves Engineering, Inc.)(cont. 9/28/05)(Reguest to cont. to 10/26/05) No one was present Ms McKay stated at the last meeting,the applicant stated that the entire site would be surrounded by a fence or a wall if the grading were substantial enough Adequate enough barrier to deter encroachment? At the last meeting, the Commission voted to set up escrow account in the amount of$5,000 for outside drainage review Lisa Eggleston submitted her first review letter today (in packets) She had many concerns about the overall drainage design of the project The applicant has requested a continuance to the meeting of 10/26/05 for the engineer's response Present to vote Scott Masse, Joseph Lynch, John Mabon, Sean McDonough, and Louis Napoli A motion to continue to October 26, 2005 meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1338, 107 Stage Coach Road (Dimartino)(New England Engineering Services, Inc.)(cont. from 9/28/05) Ben Osgood, Jr , and Thomas Hector of New England Engineering Services, Inc were present Ms McKay stated at the last meeting the Commission requested proof/photos that the deck was constructed as part of the original house construction approval Staff received a photograph taken in July of 1991 (date shown upper right corner of photo) of the deck, which confirms that it was built with the original construction Mr Osgood stated the back yard has no grass 3 to 1 slope Ms McKay stated a waiver of the 25-foot No-Disturbance zone and 50-foot No-Build zone Mr McDonough stated in favor of the project the brick patio ok, a barrier should be installed up the side of the driveway maybe a wall 4-foot high Mr Mabon stated alternative analysis block wall would be 15-feet away or 10-feet away at the closest spot Mr Lynch stated waiver could be good project to stop the erosion happening in the wetland area Present to vote Scott Masse, Joseph Lynch, John Mabon, Sean McDonough, and Louis Napoli A motion to continue to October 26, 2005 meeting was made by was made by Mr Lynch, seconded by Mr Napoli Unanimous 6 242-0000, 1014 Turnpike Street(Strawbridge)(New England Engineering Services,Inc.) The applicants Mr &Mrs Strawbridge and Ben Osgood, Jr and Thomas Hector of New England Engineering Services, Inc were present Mr McDonough read the legal notice Ms McKay stated the filing is for the construction of a garage, porch, balcony,retaining wall and expansion of an existing driveway with associated grading within the Buffer Zone to a Bordering Vegetated Wetland The proposed garage will be located to the right of the existing dwelling and is 5 F from the wetland resource area The proposed balcony will be on sonotubes 50' from the resource area The proposed porch is located to the front of the house (67' from the resource area) The existing driveway extends into the 50-foot No-build zone and will by approximately 324 s f The existing retaining wall will be extended to accommodate the proposed garage and driveway extension The wall detail is depicted on the plan Erosion controls are proposed and are in adequate locations A soil stockpiling area is also depicted on the plan The wetland line was reviewed and approved Mr Mabon stated the fence and shed never had a permit to install in the 25-foot No-Disturbance zone Mr Masse stated we need documentation when the fence was installed and by what company installed the fence Mr Osgood stated medallions along the 25- foot No-Disturbance zone for warning future homeowners not to disturb the areas Mr Lynch stated the fence is in the 25-foot No-Disturbance zone this fence needs to move out side the 25- foot no-disturb zone There will be plantings required to restore the damage in the 25-foot no- disturb zone This fence was installed for the area for a dog to run Mr Strawbridge stated yes this is to keep the dog contained with the fenced in area in order to have area to run without running into the woods Present to vote Scott Masse,Joseph Lynch, John Mabon, Sean McDonough, and Louis Napoli A motion to continue to October 26, 2005 meeting was made by Mr Lynch, seconded by Mr Napoli Unanimous No Decision A motion to adjourn the meeting at: 10:30pm was made by Mr. Lynch, seconded by Mr. Napoli. 7