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HomeMy WebLinkAbout2005-10-26 Conservation Commission Minutes � Conservation Commission Meeting Minutes October 26, 2005 Members Present: Scott L. Masse, Chairman, Joseph W Lynch, Jr , John J Mabon, Deborah Feltovic, Sean F McDonough, and Louis A Napoli Member Absent: Albert P Manzi, Vice Chairman Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, and Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:15pm Quorum Present. General Business 242 1145, COC Request, Foster Street-Woodchuck Hill Substation (New England Power Company)(cont from 9/14/05)(Reguest to cont, to 11/16/05) No one was present Ms McKay stated I spoke with Dan McIntire and he informed me that he needs a few more weeks to finalize the plans and the paperwork A motion to continue to the November 16, 2005 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242 1291, COC Request, 121 Raleigh Tavern Lane (Glennon)(New England Engineering Services, Inc.)(cont. from 10/12/05) No one was present Ms Merrill stated that this item was continued to allow time for the new homeowners to submit a signed affidavit. The affidavit has not been received or heard from the homeowners A motion to continue to the November 2, 2005 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous At the end of the meeting Thomas Hector of New England Engineering Services, Inc handed the affidavit to the Conservation Commission signed by the new homeowners A motion to reconsider the vote was made by Mr Lynch, seconded by Mr Mabon Unanimous A motion to issue a COC and release the bond was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1320, Modification,35 Holly Ridge Road (Sachs) No one was present Ms Merrill stated that the applicant had a conflict with attending the meeting and had requested a continuance to the November 2, 2005 meeting A motion to continue to the November 2, 2005 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1116, Lot 16 Fernview Avenue (Heritage Green)(The Neve-Morin Group,Inc.) No one was present Ms Merrill stated that an Order of Conditions was issued on March 28, 2002 for the reconstruction of a drainage swale to alleviate flooding conditions within 100-foot of an IV W and a BV W The Order of Conditions had expired and an Enforcement Order was issued on March 28, 2005 in order to complete stabilization activities The applicant retained The Neve-Morin Group, Inc to monitor the site during construction Reports were submitted as required The as-built plan was found to be consistent with the approved plan A compliance inspection was conducted on Friday, October 21, 2005 All areas appeared stable with no evidence of erosion A motion to issue the COC and release the bond was made by Mr Mabon, seconded by Mr Lynch Unanimous ' Update-Lucent Master Plan/Bylaw-Louis Napoli-Subcommittee Member I Mr Napoli stated the plan layout keeps changing quickly The language has not changed in the Bylaw He indicated that there would be an all Boards and Commissions joint meeting on October 27, 2005 at 6 OOpm at the Senior Center Mr Napoli stated that the lawyers had been working on getting all the Bylaws of the Town and that the new 40R Bylaw would be incorporate stormwater management and the 50-foot No-Build and 25-foot No-Disturbance zones Ch.61 Forestry, Right of First Refusal, 605 Osgood,Albert & Meave Cullen Mr Mabon stated that at the last Community Preservation Act Committee meeting Ms McKay and Ms Merrill presented photographs of the property and the Committee had some real interest in the buying the property A summary and list of questions was generated and referred to Town Counsel for review Mr Mabon stated that information from Counsel was expected for the next meeting of the Community Preservation Act Committee on November 10, 2005 Recess 7:35pm to 8:OOpm Public Hearings 8:OOpm Notice of Intent (s) 242-1208, Foster Farm Elementary School(North Andover Building Committee)(DiNisco Design)(cont. from 9/14/05) No one was present A motion to continue to the December 14, 2005 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1319,Winter Street(Gaglione) (Merrimack Engineering Services,Inc.)(cont. from 10/12/O5 John Murphy of Merrimack Engineering Services,Inc was present Ms McKay stated that at the last meeting the Commission requested the applicant to submit a waiver request for the driveway location, which is proposed within the 50-foot No-Build Zone The waiver request had been submitted Some of the Commission members commented that they had not seen all of the alternatives for relocating the driveway or modifying the garage/house location to eliminate or lessen the amount of driveway impact within the 50-Foot No-Build Zone The applicant had not submitted any further alternatives and the plan remains as it was from the last meeting A motion to close and issue a decision within 21 days was made by Mr Lynch, seconded by Ms Feltovic. Unanimous 242-1321, 0 Methuen Avenue (Giovanni)(Merrimack Engineering Services, Inc.)(cont. from 8/24/05)(Reguest to withdraw without preiudice) John Murphy of Merrimack Engineering was present Mr Masse asked if John was handling this filing Mr Murphy stated that Robert Daley was handling the project. Mr Lynch stated that there were 2 site walks out to this site and that the Commission had put a lot of time into the project He also stated that they were very close to closing Mr. Masse stated that the applicant would be subject to all filing fees upon a re-filing A motion to accept the withdrawal (exclusive of the prejudice) was made by Mr McDonough, seconded by Mr Lynch Unanimous 242-1325, 16 Jetwood Street (Nicolosi)(New England Engineering Services, Inc.)(cont. from 9/28/05. 2 The applicant Dan Nicolosi and Thomas Hector and Ben Osgood, Jr , of New England Engineering Services, Inc were present Ms McKay stated that at the last meeting, Leah Basbanes presented her impact report analysis report The Commission questioned how the impacts could be quantified The Commission also questioned why a more aggressive route was not being pursued and asked to consider reducing the size of the addition Also at the last meeting,the Commission required soil test data and percolation rates to determine existing ground water levels Ms McKay indicated that revised plans with supporting documentation were submitted the afternoon of the meeting Mr Osgood explained that revised plans included soil test pit data, additional plantings(a barrier along the entire length of the wetland boundary) and a note, which indicated that the existing shed (located directly adjacent to the wetland resource area and installed without a valid Order of Conditions) would be relocated Mr Osgood explained that the soils were tested in the area of the leaching system and that the result of the data caused the system to rise slightly to maintain a 1-foot offset to the water table Mr Osgood stated that he had no further information to provide the Commission A motion to close and issue a decision within 21 days was made by Mr Lynch, seconded by Mr Mabon Mr McDonough opposed 242-1338, 107 Stage Coach Road (Dimartino)(New England Engineering Services,Inc.)(cont. from 10/12/05) Thomas Hector and Ben Osgood, Jr , of New England Engineering Services, Inc were present Ms McKay stated that at the last meeting, the Commission requested revised plans, which would reflect the proposed retaining wall location upgradient to the previously approved 15-foot No-Disturbance zone The plans had been revised in accordance with this request She stated that the limit of work/erosion control line was proposed within the 15-foot No-Disturbance zone along a small portion of the project to accommodate the wall offset A motion to close and issue a decision within 21 days was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1339, 1014 Turnpike Street(Strawbridge)(New England Engineering Services, Inc.)(cont. from 10/12/05) The applicants Mr &Mrs Strawbridge and Thomas Hector and Ben Osgood, Jr, of New England Engineering Services, Inc were present Ms McKay stated that at the last meeting,the Commission discussed the fence location, as it was shown on the plan within the 25-foot No-Disturbance zone The Commission requested that the applicant present documentation/evidence that the fence was allowed in the location Ms McKay stated that she reviewed the minutes from the meeting in which the COC was requested and issued She said that no reference to the fence was found in the minutes Revised plans were submitted which proposes a new fence located outside of the 25-foot No- Disturbance zone A note on the plan (6) also indicates that installation of wetland markers along the 25-foot No-Disturbance zone would be required The note states that the markers shall be placed on pressured treated posts or on existing trees Ms McKay suggested that the markers be placed along the fence line or on the tree line not posts She said this could be conditioned in the Order A motion close and issue a decision with conditions was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1337, Turnpike Street-Old Salem Village (Key-Lime, Inc.)(Hayes Engineering, Inc.)(cont. from 9/28/05)(Reguest to Cont. to 11/16/05) No one was present Ms. McKay stated that a meeting was held on 10/25/05 with Lisa Eggleston and Hayes Engineering to discuss comments and revisions She said she is waiting for plan revisions and additional comments from Lisa The applicant had requested a continuance to the 3 meeting of 11/16/05 A motion to continue to the November 16, 2005 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1340, 1171 Turnpike Street-Uncle Bob's Self Storage (Sovran Acquisition Land Partnership)(New England Engineering Services, Inc.) Thomas Hector and Ben Osgood, Jr , of New England Engineering Services, Inc were present Mr Mabon read the legal notice Ms Merrill stated that an Enforcement Order was issued to the Regional Manager of Uncle Bob's Self Storage on August 30, 2005 for clearing portions of a forested BVW associated with Boston Brook, the 25-foot No-Disturbance zone and Riverfront area without an Order of Conditions Ms Merrill said she counted 30+ tree stumps within the BVW and 25-foot No-Disturbance zone The Enforcement Order mandated a Notice of Intent for restoration activities Erosion controls were installed immediately after receipt of the Enforcement Order to prevent soils from entering the BVW The wetland boundary was flagged by New England Engineering Services, Inc in September of 2005 and has been reviewed and accepted A restoration report was prepared by Basbanes Associates, which states that the majority of the tree stumps had produced new shoots approximately 1-2' in height for the white pines The herbaceous and shrubs stratum had already regenerated and appeared to be doing well For that reason, Ms Basbanes recommended in her report that there would be no need to incorporate a shrub layer, since it is re- vegetating naturally However, the 25-foot No-Disturbance zone and areas along the stream bank would need to be re-established (recommended - 4-6' tall yellow birch, red maple, white pine, and white ash In addition, 5-6' tall white pine saplings will be planted upslope of the 25-foot No- Disturbance zone) to provide a visual barrier to prevent future inadvertent encroachment into these areas In addition to the planting plan,New England Engineering Services, Inc , indicated that the drainage swale that traverses along the eastern portion of the property had approximately 2' of accumulated silt and sediment material above the invert of the drainpipe Ms Merrill said that she confirmed that both the inlet and outlet had accumulated material at the invert, making the flow of water impossible New England Engineering Services, Inc , suggestion that the applicant clean out this area, as it would improve current site drainage and facilitate/treat stormwater runoff through the Swale before discharging into Boston Brook Ms Merrill said she concurred with this suggestion She also indicated that the herbaceous layer consisted of mainly invasives (purple loosestrife, Japanese knotweed, bittersweet grape, cattail, sensitive fern, and tall meadow rue) She said that she recommend that these species be removed by hand and a wet seed mixture be heavily broadcasted to help reduce the amount of regenerated invasive species She also recommended additional shrubs (FACW-) which would tolerate frequent inundation of water be incorporated within the BVW A motion to continue to the November 2, 2005 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1341,2 Blueberry Hill Lane (Furlong) The applicant Mr & Mrs Furlong was present Mr Mabon read the legal notice Ms Merrill stated that as required under the Enforcement Order, the homeowners of 2 Blueberry Hill Lane were mandated to file a Notice of Intent for the restoration of portions of a BVW associated with an unnamed perennial stream The homeowner removed 4-5 trees that were dead or dying from the BVW and Buffer Zone areas, in addition the under story shrub and herbaceous layer The soils within the BVW had minimal to no disturbance Ms Merrill stated that approximately 500 s f of BVW was disturbed and approximately 2,000 s f of Buffer Zone/Riverfront area was disturbed Erosion controls were installed after receipt of the Enforcement Order to prevent soils from entering the BVW The homeowner also hand seeded the exposed areas for temporary stabilization William Manuel of Wetlands & Land Management, Inc , flagged the wetland boundary in September of 4 , 2005 and had been reviewed and approved Ms Merrill stated that the house was built in the late 70s/early 80s, therefore the lot never had a vegetated 25-foot No-disturbance zone or 50-foot No- Build zone The applicant was proposing to re-vegetate the wetland area with high bush blueberry shrubs and sensitive fern Additionally, 0.5 pound of New England Wet mix will be broadcasted throughout the delineated wetland The disturbed area within the wetland was mostly covered with bark chips with no sign of any erosion As part of the mitigation, all bark chips would be removed She noted that there had been some regeneration of the herbaceous layer (mostly sensitive fern) Since there was never a 25-foot No-Disturbance zone designated on the property, the applicant was also proposing to transplant several shrubs from the front of the house and plant winterberry holly shrubs into this area in an effort to provide a visual barrier and to prevent inadvertent encroachment into the wetland Minor grading within this area was also proposed to soften the steep slope from the currently mowed lawn to the wetland line The applicant was also proposing to construct a stone walkway, which would traverse through the front yard and would lead to a set of stairs and associated retaining wall on Blueberry Hill Lane (relocated from Chestnut Street) Revised plans were recently submitted, which show the relocation of the wall and stairs (proposed at 40' from the wetland line at its closest point) Erosion controls along the wetland line had also been added, as this is lacking from original plan The applicant had not submitted a waiver for work within the 25 and 50 buffer zones Mr Masse stated that the applicant would need to submit a waiver for the 25- foot and 50-foot Mr Lynch and Mr Masse asked why grading was proposed within the 25' No- disturbance zone when this work would not normally be allowed They also questioned why the walkway was proposed within the 50' No-build zone, which would also likely not be allowed Mr. Lynch asked if the site was in the floodplain Ms Merrill said no Mr Masse questioned why the applicant was proposing additional work when they were required to restore what they had already disturbed as mandated under an Enforcement Order Ms McKay added that she was of the opinion that the applicant had an enforcement Order for violations and didn't agree that the proposed restoration was adequate for the amount of disturbance that had already occurred or was proposed A motion to continue to the November 2, 2005 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous Decisions 242 1339, 1014 Turnpike Street (Strawbridge)(New England Engineering Services,Inc.) The applicants Mr & Mrs Strawbridge and Thomas Hector and Ben Osgood, Jr , of New England Engineering Services, Inc were present for the decision Ms McKay stated that her draft decision had a bond amount of$1,500 with additional conditions to include the installation of wetland markers, a cantilevered balcony, an interim as-built plan, relocating the shed outside of the 50-foot No-Build zone A motion to accept the Order of Conditions as drafted was made by Mr Lynch, seconded by Ms Feltovic Unanimous A motion to adjourn the meeting at 9:30pm was made by Ms. Feltovic,seconded by Mr. Napoli. Unanimous. 0