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HomeMy WebLinkAbout2005-12-28 Conservation Commission Minutes if Conservation Commission Meeting Minutes December 28, 2005 Members Present: Scott L Masse, Chairman, and Albert P Manzi, Jr , Vice Chairman, John J Mabon, and Louis A Napoli Members Absent: Joseph W Lynch, Jr , Sean F McDonough Staff Members Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:05pm Quorum Present. Pledge of Allegiance General Business 242-1246, COC Request,316 Johnson Street(Rilev)(Meisner Brem Corporation)(cont. from 12/14/05) No one was present Ms Merrill stated per the North Andover Conservation Commission,the engineer submitted new as-built plans, which clearly show what was built No further issues Mr Manzi stated is the driveway going to stay pea stone there is no requirement in the Order of Conditions in the future they could pave the driveway Mr Mabon on the as built plan it states that it is a pea stone it should stay pea stone Scott Masse, Albert Manzi, John Mabon, Louis Napoli A motion to issue the COC and bond release was made by Mr Mabon, seconded by Mr Napoli Unanimous 242-1189,Extension Request,488 Pleasant Street(Compass Properties, Inc.)(Wetland Preservation,Inc.) Sergio Bonilla of Wetland Preservation, Inc was present Ms McKay stated the Order of Conditions was issued 4/28/03 for the construction of a single-family dwelling, driveway and associated appurtenance within the Buffer Zone to a Bordering Vegetated Wetland associated with Stevens Pond Construction of the home and associated work commenced this past summer The foundation was poured and framing activities were occurring presently The site stabilization efforts are expected to occur in the spring/summer Wetland Preservation, Inc submitted monitoring reports throughout construction The wetland markers have been posted All conditions in the Order of Condition are being met as mandated The wetland flags have been refreshed Scott Masse, Albert Manzi, John Mabon,Louis Napoli A motion to issue an extension to 4/28/07 was made by Mr Mabon, seconded by Mr Napoli 242-1169,Extension Request, 2357 Turnpike Street (Valley Realty Development)(West Environmental,Inc.) No one was present No Quorum to vote Scott Masse, Albert Manzi, John Mabon, Louis Napoli Continue to January 11, 2006 meeting 1 242-1171,COC Request, 50 Bridle Path (O'Neil)(Seekamp Environmental Consulting) The applicants Mr & Mrs Peter O'Neil was present Ms McKay stated the Order of Conditions was issued in November of 2002 for the conversion and expansion of a three-season deck to an all-season living space Work activities included relocation and replacement of support pilings, an infiltration roof drainpipe, and a buffer zone enhancement planting area The Commission had allowed work within the 50-foot No-Build zone so long as the addition would be built on sono tubes instead of a foundation, which was originally proposed by the applicant The addition was built on three sono tubes as required This was verified in the field However, a mortared stonewall facing was erected around the addition, which appears to look like a foundation,but the applicant and the builder that it is not(applicant to explain in detail) All approved work has been completed The Commission issued a modification for a retaining and a new stair location in September of 2003 The retaining wall and stairs were constructed The retaining wall extends further towards the resource are than what was proposed, but still remains outside of the 25-foot No-Disturbance zone closet point 26' An additional stone masonry retaining wall was constructed directly adjacent to the new addition approximately 10' x 10' bump out area This modification is minor in nature Also approximately 8' x 10' paver patio area shown on the as built and was not shown on the approved plan The applicant indicated that this area is of the same footprint that previously existed, the only difference being that new pavers were set I was an associate at the time of the original proposal and cannot recall the previous existing site conditions to that detail The applicant is prepared to clarify The Conservation Commission was looking at the applicant's pictures he presented to the Conservation Commission The Conservation Commission was fine after viewing the pictures of the site Scott Masse, Albert Manzi, John Mabon, Louis Napoli A motion to issue the COC and bond release was made by Mr Manzi, seconded by Mr Napoli Unanimous 242-1212, COC Request 33 Morningside Lane (Donahue)(Seekamp Environmental Consulting) The applicant Mr Brian Donahue and Laurie Powers of Seekamp Environmental Consulting was present Ms McKay stated the Order of Conditions was issued on 8/28/03 for the construction of a sunroom in replacement of an existing deck within the same foot print 12' x 12' within the Buffer Zone to a Bordering Vegetated Wetland Condition#41 of the Order of Conditions stated that the footings used for replacement should not exceed the total number already in existence (3) If additional footings were necessary for structural purposes that the Conservation administrator be notified prior to construction for approval There were 4 footings noted in the field for the addition and 1 additional footing was placed for the stairs The Conservation Administrator had not been made aware of this change as required However, I am of the opinion that the additional footing was necessary for structural purposes Upon review of the as-built plan and site conditions, it appears that the existing landing and stairs were reconstructed without approval and were not reconstructed in-kind As a result, the new landing extends approximately 2-feet closer to the wetland resource area and extends further into the 25-foot No-Disturbance zone In addition, the new stairs, although approximately the same size in length as existed previously, are also 2-feet closer the wetland resource area and now fall within the 25-foot No- Disturbance zone Mr Manzi stated the letter for Engineering Alliance states that all the work was done according to the Order of Conditions and this is not correct The Conservation Commission should send a letter to Engineering Alliance stating the letter is bogus Mr Mabon stated a waiver should be submitted and alternative analysis for the work done in the 25-foot No- 2 Disturbance zone Mr Manzi stated their monitor on site did not pick on the differences out on the site when they were monitoring Ms Powers stated there had been change in staff monitoring the site so that might not of been picked up Mr Manzi stated submit a modification or you can move the stairs out of the 25-foot No-Disturbance zone then you would not have a problem The site has been monitored for 2 years for 5 shrubs planted Mr Manzi told the applicant to work with Laurie Powers of Seekamp Environmental to work you thru the processes Scott Masse, Albert Manzi, John Mabon, Louis Napoli A motion to continue to January 11, 2006 meeting was made by Mr Mabon, seconded by Mr Manzi Unanimous Request for Determination of Applicability 316 Stevens Street (Osgood)(Hancock Environmental Consultants)(cont. from 12/14/05) John Dick of Hancock Environmental Consultants was present Ms Merrill stated during the last hearing, the applicant expressed that he wanted to remove the bituminous concrete driveway along the northeast corner of the property, in order to landscape it to lawn An addendum was submitted, and plans were revised to show this work and the approximate Buffer Zone to a Bordering Vegetated Wetland associated to Stevens Pond Additionally, erosion control was implemented to the left proposed driveway and an erosion control detail was added to the plan A negative determination can be issued with the following conditions. 1 Pre-construction meeting and post construction inspection 2. As-Built Plan Scott Masse,Albert Manzi, John Mabon, Louis Napoli A motion to issue a negative determination with conditions was made by Mr Manzi, seconded by Mr Napoli Unanimous Notice of Intent(sy 242-1340, 1171 Turnpike Street-Uncle Bob's Self Storage (Sovran Acquisition Partnership)(cont. from 11/2/05)(Reguest to cont. to 1/11/06) No one was present Scott Masse, Albert Manzi, John Mabon,Louis Napoli A motion to continue to January 11, 2006 meeting was made by Mr Mabon, seconded by Mr Manzi Unanimous 242-1337, Turnpike Street-Old Salem Village (Key-Lime, Inc.)(Haves Engineering, Inc.)(cont. from 12/14/05) Ben Osgood, Sr of Key-Lime, Inc and Jay Burke, John Burke, Jr , was present Ms McKay stated plans were revised incorporating all of the requested revisions by the Commission and by staff(fencing& stonewalls, extension of the erosion controls, ect) Conditions should include (to name a few) Verification of groundwater during detention pond construction(per Lisa's comments) Stormwater construction monitoring (per Lisa' s comments) Standard dewatermg Construction sequencing Separate pre-construction meetings for each building within the Buffer Zone for staking and verifying foundation corners And to ensure decks will comply with the 50- foot No-Build zone. Condition 1"=20' scale plans for each building within the Buffer Zone prior to sign of on the building permit Association documentation Note on decks Fencing/Safety conditions around stormwater structures Maintenance of stormwater structures Scott Masse, Albert Manzi, John Mabon, Louis Napoli A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Mr Napoli Unanimous 3 Ms. Feltovic arrived at the meeting 8:10 P.M. during Walgreen' s filing. 242-1333, Waverly Road/Turnpike Street-Walgreen's (Mark Investments, Inc.)(Bohler Engineering, P. C.)(cont. from 12/14/05) James Bernardino of Bohler Engineering,P C , and Dean Holt of Mark Investments and Vincent C Manzi, Jr , the Attorney was present Ms McKay stated no comments from MAHighway yet At the last meeting the Commission requested that the applicant increase the pipe size on Waverly Road to accommodate the drainage and estimating a bond amount with Department of Public Works for the associated drainage Revised drafted plans depicting drainage revisions were received Friday and just reviewed by staff yesterday(Tuesday prior to the meeting) Revisions include 1 The proposed under dram system now conveys all groundwater that is collected on site towards the southern portion of the site where it is collected into a proposed 24" pipe discharges to existing headwall located within Waverly Road and 2 The addition of several catch basins at the drives located off of Waverly Road, which are proposed to catch surface runoff from the proposed driveways prior to reaching Waverly Road Eugene Willis, Town Engineer, submitted a letter dated 12/27/05 in response to the drainage changes indicating the proposed changes are acceptable since there will be a net reduction from pre-development flows He further states that the revised design has satisfactorily addressed the Department of Public Works concerns and has no objection to the revised changes He also states that no bond will be required as there is a net reduction of flow as well as capital improvements to our infrastructure I have not been able to connect with Joseph Lynch in this regard, therefore my recommendation would be to continue to the meeting of 1/11/06 to get Joseph Lynch and Lisa Eggleston okay Further, revised information did not meet the 7-day submittal policy and draft plans should be finalized prior to the next meeting Mr Manzi stated the 7-day rule gives time to review plans must be continue Mr Lynch wanted to be here before closing this hearing Scott Masse, Albert Manzi, John Mabon, Deborah Feltovic, Louis Napoli A motion to continue to January 11, 2006 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1344, Saville Street-Map 98D Parcel 2 (RFACO,LLC)(cont. from 12/14/05) The applicant Kenneth Ahern of RFACO, LLC, and Michael Seekamp of Seekamp Environmental Consulting was present Ms McKay stated at the last meeting, the Commission requested an alternative analysis for the driveway, the drywell, and the sewer pump chamber, which are located within the 50-foot No-Build zone An alternative analysis was submitted, which indicated that 1 Relocating the driveway outside of the building setback by moving the house and driveway to the south would not be feasible alternative, as this would not conform to the 20' zoning side setback 2 Relocating the garage and driveway to the right (south) of the house (a mirror image of the current proposal) would not be feasible to maintain the side setback and if the side setback were met,the house would be pushed into the 50' no-build zone and 3 Relocating the garage/driveway to the front(east) of the house would not be feasible because of the existing topography and specific design constraints Moving the garage to the front would require an at-grade garage, which would require considerably more fill Seekamp Environmental Consulting states that these three alternative analyses are not feasible The Commission also requested revised plans to include measurements from proposed home to the resource area and a physical barrier along the 25-foot No-Disturbance zone The plans have been revised to include two measurements from the house to the resource area and a proposed stonewall at the 25-foot No-Disturbance zone to the left of the driveway A stone swale has been added along the end of 4 the driveway to collect runoff Plans have also been revised depicting the existing stonewall to the rear of the lot The stonewall does not follow the 25-foot No-Disturbance line I would recommend that this wall be reconstructed at the 25-foot No-Disturbance zone, otherwise encroachment(i a extension of lawn, ect) is very likely An additional letter from the engineer, Robert Mays, P E , was also submitted in support of the proposed design Abutter Steven K of 60 Saville Street stated this house is right next store to my house can I have copy of the plan The applicant left the room and abutter to give the abutter a copy of the plan Mr Seekamp more damage because the stonewall boulders very large you would need a machine to remove the boulders we can do a planting plan if the Conservation Commission would require some barrier in this area The Conservation Commission agreed with the planting plan to be attached to the Order of Conditions Scott Masse,Albert Manzi, John Mabon, Deborah Feltovic, Louis Napoli A motion to close and issue a decision within 21 days to include planting plan with Order of Conditions was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-973, (Nestor)(NEES) Ms Merrill stated Karen Kline of Cricket Lane called again about the ice all over the road An Enforcement Order was issued last year and the problem still has not been corrected Ben Osgood, Jr was supposed to submit an as-built plan he has not Mr Manzi stated send out a new Enforcement Order for not complying with the previous Enforcement Order the fine of$ 100 dollars a day starts 12/28/05 till the run-off of the driveway is fixed needs to be completed by January 31, 2006 to remedy the problem of run-off from that driveway Mr Manzi stated you have to have a pipe and catch basin installed in the driveway by a contractor could do the work in 2 days Decisions 242- 1344, Saville Street Ms McKay stated bond amount set at $ 3,000, approval of planting plan, wetland markers, environmental monitoring weekly required A motion to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Manzi Unanimous A motion to adjourn the meeting at: 4:00 P. M.was made by Ms. Feltovic, seconded by Mr. Manzi. Unanimous. 5