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HomeMy WebLinkAbout2005-11-02 Conservation Commission Minutes Conservation Commission Meeting Minutes November 2,2005 Members Present: Scott L Masse, Chairman, and John J Mabon, Deborah Feltovic, Sean F McDonough Members Absent: Albert P Manzi, Vice Chairman,Joseph W Lynch, Jr , Louis A Napoli Staff Members Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:15pm Quorum Present. Pledge of Allegiance General Business 242-1306, Modification,35 Holly Ridge Road(Sachs)(Giles) The Applicant Philip Sachs was present Ms Merrill stated the applicant is requesting a modification to strike condition# 56 as outlined on the Order of Conditions that was issued in September of 2005 Specifically,the portion of the existing brick patio that lies within the 25- foot No-Disturbance zone must be removed and can be replaced, so as long as it is located outside of 25-foot No-Disturbance and 50-foot No-Build This is to be before the COC is issued The applicant Philip Sachs will be present to elaborate more on his request Mr Sachs stated the meeting I attended there was never a mention of the removal of the patio Mr Masse stated Mr Manzi wanted to see the patio on the plan The removal of the patio was mentioned more than once in the meetings that were held Mr Sachs stated August 10, 2005 meeting Mr Lynch stated this was a landscape feature and Acting Chairman Mr Manzi stated he wanted to see it on a plan, which we did Mr Masse please to not delegate this meeting and do not insult the Conservation Commission Mr Sachs I am not trying to run the show years ago I was on a Conservation Commission and I respect what you do as volunteers Then we can hear the tape of August 10, 2005 meeting Mr Masse stated there is no tape How about the minutes Mr Masse stated I do not if they have been approved Mr Masse stated you can request a continuance we have spent a lot time on this project and two members are not present at this meeting tonight Mr Sachs states I would request a continuance Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to December 14, 2005 was made by Mr McDonough, seconded by Mr Mabon Unanimous 242-1306, COC Request, 1160 Salem Street (Hennessev)(New England Engineering Services,Inc.) Ben Osgood Jr, of New England Engineering Services, Inc was present Ms Merrill stated an Order of Conditions was issued on May 12, 2005 for the installation of a septic system with associated grading within the Buffer Zone to a Bordering Vegetated Wetland The applicant was required to plant 12, 34' tall Canadian hemlock saplings along the edge of the delineated wetland as compensation for maintaining the 25-foot No-Disturbance zone However, do to the lack of space along the back of the property and huge forsythia shrub, the applicant was only 1 able to plant 8 Canadian hemlock saplings on 8 — 10' centers,per Ms Merrill and Mr Masse The erosion control had been removed earlier in order to take advantage of the warmer temperatures A compliance inspection was conducted on Monday October 31, 2005 All areas appeared to be well vegetated with no evidence of erosion The as-built plans were consistent with the approved plans The Hemlock saplings appear to be growing very well with no sign of stress It is in my opinion that these saplings will continue to do well in this area and will provide a suitable barrier along the wetland edge The wetland markers were tied to the hemlock saplings as required in the Order of Conditions Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the COC and bond release was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1255, COC Request,2177 Turnpike Street(Casev)(Serwatka) No one was present Ms Merrill stated an Order of Conditions was issued on June 25, 2004 for the construction of a single-family dwelling, driveway, and septic system and associated grading within the Buffer Zone to a Bordering Vegetated Wetland The new Notice of Intent was filed because the previous Order of Conditions (242-1055)had expired Mary Trudeau was retained as the Environmental Monitor and reports were submitted throughout construction A compliance inspection was conducted on Monday October 31, 2005, which revealed that the site was stabilized against erosion Wetland markers were placed along the 25-foot No-Disturbance zone as required in the Order of Conditions Overall, the plans are consistent with the approved plan, with the exception the as-built plan indicates that the driveway is bituminous concrete when it's entirely crushed stone Measurements were not indicated on the as-built plan However, they were taken in the field and confirm with the ruler Ms Feltovic stated the measurement you took was correct Ms Merrill stated from the flag was 53' away Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the COC and bond release was made by Mr Mabon, seconded by Ms Feltovic Unanimous No recess Public Hearings: 8:05pm Abbreviated Notice of Resource Area Delineation 242-1342, 1210 Osgood Street (Forgetta Development,LLC)(Epsilon Associates) Michael Howard of Epsilon Associates, Inc was present Mr Mabon read the legal notice Ms McKay stated the wetland resource area boundaries for the 14 2-acres Forgetta Farm property were originally reviewed under and RDA and approved Determination of Applicability in May 2000 A Notice of Intent was subsequently filed and an Order of Conditions was issued in November of 2000 for the construction of a mixed-use development incorporating office space, combined commercial retail use and a hotel A sewer main extension and related roadway improvements was also approved off-site (242-1037) 2 extensions were issued with the last expiring on 11/2/05 Work activities completed under 242-1037 include the following demolition of existing structures on site, preliminary grading, and the required restoration area(1,500 s f of the 25-foot No-Disturbance zone) No construction related activities had commenced Monitoring reports were submitted throughout the completed activities The applicant is re-filing for the confirmation of the jurisdictional wetland resource area boundaries No construction 2 activities are proposed under this filing During these preliminary activities conducted on site, several violations notices and Enforcement Order' s were issued because of significant erosion and lack of Best Management Practice's on the site This prompted the construction of several temporary holding basins, stoned swales, check dams and site stabilization The plan submitted is a photocopied version of the plan submitted in May of 2000, which is entitled"Existing Conditions Plan" Site conditions have changed(i a -demolition of existing buildings, grading ect) It may not be necessary to have the site resurveyed to reflect current site conditions, but at a minimum it is recommended the title block be deleted,the demolished buildings be taken off, the date changed, and notes added to the plan,which would clarify matters The plan would not meet the required plan requirements under the bylaw regulations, however the regulations state that plan requirements can be waived as directed by the Commission or their designated agent Epsilon Associates re-located and re-flagged the original resource area boundaries However, the new flagging was not re-surveyed onto the plan I have reviewed the boundaries and the line is consistent with the former filing I do believe the a full re-survey of the flags would really be necessary in this case, since most if not all of the flags appear to be consistent I would recommend that it be done anyway for the purposes of accuracy and the filing requirement Staff is still working with applicant to clarify a few concerns Mr Mabon stated the wetland flags have been reestablished wetlands change over time Mr Howard stated the area was flagged in 2000, 2003 and 2005 Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to November 16, 2005 meeting for revised plans was made by Ms Feltovic, seconded by Mr Mabon Unanimous Notice of Intent(s) 242-1340, 1171 Turnpike Street-Uncle Bob's Self Storage (Sovran Acquisition Limited Partnership)(New England Engineering Services, Inc.)(cont. from 10/26/05) Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms Merrill stated removing invasive species by hand(i e , shovel) is the most effective way to get rid of the plants, yet it's the most time consuming The removal of the invasive species will have to be kept up annually The goal is to create a situation where it's not conducive to invasive species A dense installation of shrubs, such as elderberry, speckled alder, and silky dogwood that would quickly and will provide a thick environment to shade out the invasive species These shrubs can be planted on 4' centers (typically 6-8' on center for shrubs) and inter-planted with the gray birch along the stream bank The plan does not reference how many s f of disturbance was made within the Bordering Vegetated Wetland or along the bank The restoration report proposes to install 8 yellow birches along the banks of the stream, as compensation for cutting down several trees This department is not in receipt of an O & M plan, as suggested by the North Andover Conservation Commission during previous meeting DEP issued a file# and they have no comments Mr Osgood stated it is very difficult to get bittersweet out takes about 5 years cleaning them out all the time and they right by the roadway on Turnpike Street There is a lot of sediment and sand that needs to be cleaned out the catch basin they should be cleaned once a year The swale should be cleaned yearly but needs to be cleaned out by a machine Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough. A motion to continue to December 14, 2005 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 3 242-1341, 2 Blueberry Hill Lane (Furlong)(cont. from 10/26/05) The applicant Mr & Mrs Furlong was present Ms Merrill stated the applicant is submitting revised plans tonight, which reflects the grading within the 25-foot No-Disturbance zone was eliminated from the scope of work In contrast, minor grading is proposed within the 50-foot No- Build zone A waiver was submitted for planting within the 25-foot No-Disturbance zone and building a portion of the walkway, retaining wall, and stairs within the 50-foot No-Build zone Mrs Furlong stated the walkway now faces Chestnut Street we want to change the walkway to be on Blueberry Hill Lane also installing the mailbox on Blueberry Hill Lane Ms Merrill stated the temporary erosion control will be removed when pre-construction meeting done Ms McKay stated erosion controls upgradient 25-foot No-Disturbance zone new erosion controls at the limit of work Mr McDonough stated the walkway is within the 50-foot No-Build would you be able to move it outside of that area Mrs Furlong stated no because the walkway would be too small Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to November 16, 2005 meeting was made by Mr McDonough, seconded by Ms Feltovic Unanimous 242-1333,Waverly Road/Turnpike Street-Walgreen's (Mark Investments,Inc.)(Bohler Engineering, P. C.) (cont from 9/14/05) William D Goebel, P E and James A Bernadino, P E , of Bohler Engineering,P C was present Ms McKay stated the applicant's engineer submitted their response to Lisa Eggleston comments on 10/27/05 A meeting was held on Friday 10/28/05 with Lisa Eggleston and the Engineers to discuss and work out the issues Lisa Eggleston formal response letter was just received today and in speaking with her is not yet quite comfortable with the proposed drainage design She indicated the while many issues have been addressed satisfactorily addressed in the revised submittal, she still has some outstanding concerns/comments regarding the drainage analysis She points out that although the applicant is proposing to infiltrator the required recharge volume from the site through the bottom of the two detention ponds, it should be understood that the project as proposed can not and will not meet recharge standard (0) of the state stormwater policy and the local bylaw Proposed conditions would result in a net loss of recharge from the site, which cannot possibly be offset by any infiltration achieved through the bottom of the detention basins She further states that in order for the Commission to accept a net loss of recharge from the site, it should be satisfactorily demonstrated that no down gradient resources, e g groundwater-fed wetlands and water bodies would be impacted She also had some concerns I had in regards to Erosion& Sedimentation controls grades on site, erosion& sedimentation needs to be aggressively controlled and does not feel that some of the measures proposed are adequate In addition, she notes that provisions need to be clearly defined regards to snow/soil stockpiling on site Staff recommends continuing until meeting of 12/14/05 in order for staff and the North Andover Conservation Commission's consultant to have sufficient time to iron out remaining details and final plans Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to December 14, 2005 meeting was made by Ms Feltovic, seconded by Mr Mabon Reconsider vote was made by Mr McDonough, seconded by Ms Feltovic A motion to continue to November 16, 2005 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 4 Enforcement Order Ratification NACC #7, 80 Saile Way-Lot 3 (Paul Russell) Ms Merrill stated I told Mr Russell to put erosion controls in his Order of Conditions has expired and he had been doing work construction of a wall, driveway and the driveway about 15- feet from the Isolated Wetland Mr Masse stated you give till July 1, 2006 to finish all work if not done issue seize and decist and fine starts as July 1, 2006 until he files a new Notice of Intent 242-967,Lots 2,3, 4, Great Pond Road (Paul Russell) Ms Merrill stated working on this for two years Requirement As-Built plan DEP Sign up and monitoring reports fine $ 200, 2 houses are built, 72 hours to get monitoring reports in the office or seize and decist Enforcement Order to file new Notice of Intent Decisions 242-1319,Winter Street(Gaelione)(Merrimack Engineering Services,Inc.) Ms McKay stated this is a single-family dwelling bond $ 3, 000, snow stockpiling area stringent tight area, dewatering in the field,wetland markers, erosion controls Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to accept the Order of Conditions as amended was made by Mr Mabon, seconded Ms Feltovic 3 to 1 vote 242-1338, 107 State Coach Road (Dimartino)(New England Engineering Services,Inc.) Ms McKay stated any work being done in the future would have meet the 25-foot No- Disturbance zone and 50-foot No-Build zone The mitigation plan needs to be submitted before signing off on building permit A 4-foot high fence would be installed on top of the wall to prevent any dumping into the wetland area, erosion controls, and construction schedule and final grading, Bond amount set at $ 1,500 Present to vote Scott Masse,John Mabon, Deborah Feltovic, and Sean McDonough A motion to accept the Order of Conditions as-drafted was made by Mr McDonough, seconded by Ms Feltovic Unanimous A motion to adjourn the meeting at 10:00pm was made by Mr. McDonough, seconded by Mr. Mabon. 5