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HomeMy WebLinkAbout2000-04-05 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room April 5,2000 Members Present: Albert P Manzi, Chairman, Scott Masse, Vice Chairman, Beth Wescott, John Mabon, Joseph Lynch and James Demotses, Associate Robert Mansour and Deborah Feltovic were absent Staff Present: Richelle L Martin, Conservation Administrator,Brian J LaGrasse, Conservation Associate and Germaine L Ouellette, Secretary The meeting was called to order at 7 p in Minutes: No minutes were accepted General Business: 242-885 Modification Lot 1 —Forestview Estates (Marchionda) This was continued from our last meeting of March 15, 2000 because the plans needed to be improved and the utilities needed to be added This Order was issued on 3/10/98 authorizing a 92 lot subdivision This modification request changes the location and footprint of the house, the grading and the foundation elevation on plans dated 2/8/00 The top of the foundation is being raised up from 144 to 145 5 due to existing grades in the new location The limit of work is being increased by approximately 2,260 s f The 25 and 50' setbacks are still being met on the proposed plans The plans have been updated to include the Commission's requests A motion was made by Beth Wescott and seconded by John Mabon to accept plans dated Con Com 3/16/00 The vote was unanimous. 242-885 Modification to Lot 43—Forestview Estates (Marchionda) This was continued from our meeting of March 15, 2000 because the plans needed to be improved and the utilities needed to be added The limit of work being increased is approximately 1,150 s f The 25 and 50' setbacks are still being met on the proposed plans This amendment request changes the location and footprint of the house on plans dated 2/8/00 The plans have been updated to include the Commission's requests A motion was made by John Mabon and seconded by Beth Wescott to accept plans dated Con Corn comments 3/16/00 The vote was unanimous 242-856 Bond Release/Old Town Village (Scott Construction Co ) This Order was issued on 6/5/97 and modified in June of 1998 authorizing a 16,900 s f retail project with associated access, parking and storm water management structures within the Buffer Zone of a Bordering Vegetated Wetland (BVW) Per Brian LaGrasse the project has not been started and no construction has taken place at this time No building permit has been issued as of this date Scott Construction has posted the $15,000 bond Apparently the project is not going any further at this point and Scott Construction would like the Bond money released Prior to construction and prior to issuance of a building permit, we will make sure that the construction company performing the work posts the bond The Commission agreed it should be a Bond Refund A motion was made by Beth Wescott to ratify refund of Bond Money and this was seconded by Joseph Lynch The vote was unanimous 242-949 -Modification to OOC Northeast Storage(Christiansen& Sergi) This Order was issued on 7/21/99 authorizing the construction of 50,000 s f of self storage buildings, grading, utilities and stormwater management structures within the 100' Buffer Zone of a BVW. The modification request is for the rotation of two of the buildings The buildings are proposed closer to the BVW but maintain the 50' NCZ The erosion control appears to encroach the 25' No Disturbance Zone in the area of flags S-2 and T-3. The erosion control needs to be moved out of the 25'No Disturbance Zone. The new plan has less tree cutting Beth Wescott made a motion to accept with the exception of erosion control being moved outside the 25' No Disturbance Zone and taking plans of record This was seconded by John Mabon and the vote was unanimous 242-991 —Modification to OOC - Lot 9 Willow Street(R Martin) This was presented by Richelle Martin who stated this was an administrative error regarding condition#31 In lieu of 74 s f of alteration to the No Disturbance Zone, the condition should read 324 s f of alteration to the No Disturbance Zone was permitted(250 s f was left out) A request was made to issue an Amendment to the Order of Conditions specific to condition#31 Condition#31 should be amended to read NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resources areas In order to prevent any alteration of wetland resource areas a 25' No Disturbance Zone and a 50' No Construction Zone shall be established from the edge of adjacent wetland resource areas except as follows 325 s f of alteration to the 25' No Disturbance Zone was permitted The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under local bylaw No disturbance of existing grade, soils or vegetation is permitted in the No Disturbance Zone Beth Wescott made a motion to accept this as amended and this was seconded by John Mabon The vote was unanimous 242-943 -Modification to OOC— 1 Clark St (Ram Assett Mgmt) This Order was issued on 2/4/99 authorizing the expansion of parking lot facilities and upgrade of stormwater management structures in the 100' Buffer Zone of a BVW The modification request is for removal of existing pavement along the edge and into a wetland, restoration and changing the location of the planned parking spaces to the front of the building. The only issue remaining was the square footage of the pavement to be removed and restored At the last meeting the Commission requested a letter stating the s.f. totals or revised plans with the s.f. on the plan The plan has the square footage on the plans dated REV 3/13/00 A motion was made by John Mabon to issue the Amendment to the Order of Conditions and was seconded by Beth Wescott The vote was unanimous 242-792 Modification to OOC—(Lots 7,8 & 11)(Ashwood Companies) This Order was issued on 6/20/96 and extended through 6/20/00 authorizing the construction of a cul de sac, 11 lots,utilities and associated grading The modification request is for the addition of decks on lots 7,8 and 11 All three decks proposed are at least 50' from the wetland line Brian LaGrasse and Richelle Martin have visited the site and have no issues. Carl Kazerski from Ashwood Companies spoke and informed the Commission that a detention pond is there between the wetlands and the proposed decks A motion was made by Beth Wescott to issue the Amendment for plans dated REV 3/21/00 and this was seconded by John Mabon The vote was unanimous 242-871 Amendment to OOC—Berrmgton Place Subdivision(MPG Realty Corp.) Brian LaGrasse presented stating that the superceding Order was issued on 10/7/98 authorizing the construction of a seven lot residential subdivision including portions of the roadway, grading,utility installation and stormwater management systems with the 100' Buffer Zone of a Bordering Vegetated Wetland The amendment request is for the redesign of the subdivision from eight lots down to 4 lots with one remaining unbuildable The roadway length has been shortened with less impervious area,the number of houses has been decreased from 7 to 3 and the location of the detention basin has been changed The only things in our jurisdiction are the entrance roadway and the detention basin Joseph Lynch made a motion to deny which was seconded by Beth Wescott due to significant and dramatic changes on the new proposed plan, stating that the stormwater management had been completely changed Mesiti Dev was there and spoke to the Commission They stated that there is the same amount of stormwater management as before No design calculations of 400' have changed The Commission asked for a continuance to the next meeting on 4/19/00 in order to study the plans Joseph Lynch withdrew his motion to deny and motioned for a continuance to the April 19th meeting This was seconded by Beth Wescott and the vote was unanimous 242-816 Extension to OOC—Campbell Forest Subdivision(Mesrti Dev Corp) This Order was issued on 5/8/97 authorizing construction of Campbell Forest Subdivision and is set to expire on 5/8/00 This will be the first extension extending the Order of Conditions through 5/8/01 Brian LaGrasse inspected the site on 4/5/00 and had no issues. There are no violations on the site. Joseph Lynch brought up that there was no protection of haybales in some areas and made a motion to continue this issue to our April 190 meeting This motion was seconded by Beth Wescott The vote was unanimous 242-857 Ratification to Enforcement Order LotAl Concord St (Doug Ahern) Richelle Martin presented and stated that this property needed to be brought into compliance with the Order of Conditions Albert Manzi so moved and the motion was made by Beth Wescott and seconded by Joseph Lynch The vote was uammous 242-547 COC—Phase II Sewerage Facilities(Joseph Gioioso & Sons, Inc) This was presented by Brian LaGrasse stating that this Order was issued on 5/16/91 authorizing the installation of a sewer main and pump station within the Buffer Zone of a Bordering Vegetated Wetland on Bridal Path, Winter Street and Great Pond Road The Bond was $6,000. - $5,000 was released in 1994 and the Town holds $1,000 plus interest We are in receipt of a letter and stamped As-Builts from a P E certifying compliance with the Order of Conditions Brian visited the site on 4/5/00 and has no issues There are no violations on site The site is stable Joseph Lynch made a motion to issue COC and this was seconded by Beth Wescott The vote was unanimous 242-474 PCOC-Lot 33-235 Hickory Hill Road (George R Barker, Jr)(Russell Bodnar, Esq) This Order was issued on 10/4/88 authorizing the construction of Hickory Hill Estates within the Buffer Zone of a Bordering Vegetated Wetland Lot 33 is outside of the l00' Buffer Zone and a non jurisdiction lot Brian LaGrasse visited the site on 4/5/2000 and had no issues The site is stable A motion was made by Beth Wescott to accept the PCOC subject to Lot 33 waiting for a letter from the biologist certifying compliance This motion was seconded by John Mabon The vote was unanimous 242-990 Bond Restructure— Stonewedge Cr/Campbell Forest Subdivision Brian LaGrasse presented and stated that the bond amount mandated in the Order of Conditions is $26,080 ($10,000 for the roadway, $15,000 for the homes and$1,080 for restoration) Four of the houses were also bonded for in the Campbell Forest Order of Conditions The bond should be for$14,080 for the one house that wasn't previously bonded for- ($10,000 for the roadway, $3,000 for the one house and$1,080 for restoration) Condition#48 should read$14,080 noting one home only instead of five homes A motion was made by Joseph Lynch and seconded by Beth Wescott to accept this Bond restructure The vote was unanimous 242-441 Modification to OOC Lot 7 Long Pasture Rd (Christiansen& Sergi) The modification request is for the approval of an inground pool and a patio behind the house on Lot 7 The 25' and 50' setbacks are still being upheld with this proposed modification and would not require any waivers This proposal came before the Commission on March 150' and the issues raised at the meeting were storage of the chemicals,back washing and the location of the dewatermg basin The filter does not need to backwash These issues are addressed on the Plan dated REV 4/3/00 A motion was made by Beth Wescott to grant the modification to the Order of Conditions as submitted on Plan dated 4/3/00 This motion was seconded by John Mabon. The vote was unanimous. Agricultural Use Lease—Mazurenko Farm Conservation Area -George Barker&Richard Rogers Richelle Martin presented about these two overdue balances Richelle informed the Commission that the farmers finally paid their overdue balances dating back to 1997 and paid their associated fees for this year The new lease is drafted, signed by both Mr Rogers and Mr Barker, and both documents were ratified by the Commission this evening Public Hearings (8 p.m.) Abbreviated Notice of Resource Area Delineation 242-1001 —Greene Street(WPI) cont fr 3/15/00 Applicant is requesting a continuance to our next meeting of 4/19/00 Albert Manzi recommended the continuance and a motion was made by Joseph Lynch and seconded by Beth Wescott to continue to our meeting of 4/19/00 with the following instructions. The applicant's representative to reflag the Bank delineation in the field to the Shawsheen River showing it at elevation 20 and, that the applicant revise the plan accordingly depicting this revised Bank delineation and elevation 20 The vote was unanimous 242-1008—Kenwood St. & Mass. Ave (Richmond Realty Trust) cont fr 3/15/00 Richelle Martin presented and reported the only outstanding issue with this once again is the previously disturbed request Richelle's position remains the same as it did with the last ANRAD No work is proposed to mitigate, so the NACC should not entertain this request In addition, and as stated previously, Richelle thinks that they should remove the "limit of disturbed area" from the plan and submit the revised plan in accordance with our Bylaw for the next meeting The Bank delineation is accurate, thus defining the 100' and 200' Riparian Zones. The applicant is requesting a continuance to our next meeting of 4/19/00 A motion was made by Joseph Lynch and seconded by Beth Wescott to continue this to our meeting of 4/19/00 The vote was unanimous Notice of Intent(s) 242-829 -Amendment to OOC - Holt Rd Landfill(DEP) cont fr 3/15/00 Applicant was not present for hearing It's going to take the state a couple of weeks to cut the check for the escrow account A motion was made by Scott Masse and seconded by Beth Wescott to close the Public Hearing This vote was denied by a 3 to 2 margin Applicant had also failed to advertise for this meeting of 4/5/00 Beth Wescott moved to continue until 5/3/00 meeting and this was seconded by Joseph Lynch,however the vote was denied by the Commission by a vote of 3-2 Mr Masse then renewed his motion to close and make a decision in 21 days This was seconded by Joseph Lynch This vote was unanimous 242-996 1812 Turnpike St (The Equestrian Shop)(Allen&Major) cont fr 3/15/00 Per Richelle Martin we have not received any additional information nor has John Chessia, thus he does not have a review outlined for the NACC this evening A letter was presented to continue this matter until 5/3/00 A motion was made by Beth Wescott to continue until 5/3/00 and seconded by John Mabon The vote was unanimous 242-999 1679 Osgood Street (Kaminski &Associates) cont fr 3/15/00 Mr Richard Kaminski was present at this meeting and asked for a continuance until our meeting of 4/19/00 This motion was made by Beth Wescott and seconded by Joseph Lynch The vote was unanimous 242-1004 30 Sherwood Drive(Merrimack Engineering) The proposed work includes the extension of a driveway, associated grading, slope stabilization including a retaining wall and installation of a fence within the Buffer Zone to a Bordering Vegetated Wetland (BVW) Richelle Martin walked the wetland line and it is accurately delineated in the field The 25'/50' are being met with this proposal The only issue Richelle has is that a small portion of the retaining wall (to the east-near the property line) is within the 100 year floodplain Richelle spoke to Bill Dufresne on 4/4/00 who agreed to cut the retaining wall approximately 5 feet He will submit revised plans A motion was made by Beth Wescott and seconded by John Mabon to continue this to our 4/19/00 meeting The vote was unanimous 242-1006 125 Rea Street(Joseph Anderson) This NOI is for a proposal to change the location of the existing driveway to access a proposed garage within the Buffer Zone to a Bordering Vegetated Wetland (BVW) 25'/50' setbacks have been met Brian LaGrasse walked the wetland line and it is accurately depicted on the plan Erosion control measures are accurately depicted on the plan All proof of mailings are at the office and all are correct. Joseph Lynch wanted to know if the shed could be moved into the `no cutting zone' Richelle Martin recommended that we close the hearing and issue an Order of Conditions in 21 days Joseph Lynch made a motion to issue an Order of Conditions in 21 days This motion was seconded by Beth Wescott The vote was unanimous 242-1007 1370 Turnpike Street(Ben Farnum)(Neve Assoc) Abutters were present for this project and proof of mailings were presented This NOI is for the relocation of a barn from Johnson Street which will require a new foundation to be constructed at the site, construction of a deck, grading and installation of a gravel drive within the Buffer Zone to a Bordering Vegetated Wetland(BVW) The associated concrete platform is proposed at 50 5' from the wetland line The barn itself will be 5 V from the BVW at its closest point The 25' No Disturbance Zone is being upheld. The boulder slope will be outside the 25' NDZ as well as grading The wetland line is accurately depicted on the plan as confirmed by Richelle Martin in the field There are only two issues that Richelle is concerned about and they are stockpile locations and de-watering, but it appears as though both can be located outside the Buffer Zone and we can condition those Thomas Neve presented and stated they are planning no waivers Building fits between the 100' zone and the roadway They would also like to build a farm road connecting to the back of the barn This farm road would remain a gravel road A 2 1 slope would be seeded They have been to Building Dept but not with specific concerns Mr Neve stated they are awaiting approval from the Conservation Commission first There were no questions or concerns from the abutters present Joseph Lynch made a motion to continue this to our 4/19/00 meeting requesting engineer to show stockpiling and dewatering locations This motion was seconded by Beth Wescott The vote was unanimous 242-1003 Eagle Tribune(VHB) cont fr 3/15/00 A letter from Mr Bove, an abutter, was read by Beth Wescott which included photographs and signatures from abutters The letter and photos will become part of our records with regard to this project Attorney George Stella, Irving (Chip) Rogers and Dr Lisa Stanley, Environmental Specialist were present representing the Eagle Tribune Scott Masse brought up the point of VHB Consultant is also under contract with the Town of North Andover and was questioning a conflict of interest issue Mr Masse wanted to know if there had been an opinion from our Town Council regarding VHB and the Town of North Andover Town Council not able to decide on this issue Tom Urbelis stated it was not a conflict of interest The Commission is in receipt of a letter from Dave Thomas who was also present He stated that there was no conflict of interest If there was any confict it would have been between the Planning Board and the Town Albert Manzi stated that the contract is actually with the Office of Community Development of which the Conservation Commission is a part of. Mr Manzi stated that it is a team concept He referred to Chapter 30B "Blanket Contract Agreement"range of talents and monies Each matter has to be reviewed at that time It was decided to proceed with reservation pending Ethics Commission final decision Richelle Martin has yet to receive a written opinion from the State Ethics Commission She has received revised plans in accordance with our Bylaw addressing concerns that were raised in a letter dated March 13, 2000 The only issues that were not addressed were the calculation(s f)of the total amount of disturbance to the No Disturbance Zone and proper mitigation at a 2 1 ratio to compensate for the alteration Richelle has not received a Restoration Report for the plantings Ms Martin also stated that an escrow account needed to be established and that it also needed to be sent out for drainage review Lisa Stanley, Managing Director for VHB gave a presentation She informed the Committee that they are proposing a reconfiguration of the parking lot, no additional parking, also construction of a stormwater management and grading within 100' of a Buffer Zone She informed the Commission that they would replace the lawn by planting native shrubs in the 25' zone There would also be designated snow storage areas and stockpiling areas during construction. The catch basins in the parking lot would also be improved. The stormwater policy meets all 9 requirements The wetland is 6 to 7 feet higher than the stream flow Discharging runoff water from parking lot to go into wetlands Ms Stanley stated that they would be working with the Planning Board and waived the three bid process and is going with Coler& Colantonio. Richelle Martin and Brian LaGrasse are O K with the findings so far A motion was made by Joseph Lynch and seconded by Beth Wescott to establish an escrow account of$2,000 This vote was unanimous The Commission recommended 4 weeks before they come before the Conservation Commission again but Ms Stanley requested to be put on the agenda for 4/19/00 A motion was made by Joseph Lynch and seconded by Beth Wescott to continue this until 4/19/00 as requested by the presenter The vote was unanimous 242-1005 146 Olympic Lane(Paul Dubasak)(N E Engineering) This NOI is for a repair of a septic system 25750' setbacks are met The leaching field will be exactly 50' from the Bordering Vegetated Wetland (BVW) The BVW delineation is accurate as determined in the field Richelle Martin is under the assumption that this repair is an emergency condition,therefore, she has a decision prepared for this evening Richelle had only two issues and conditioned both in the decision 1 There is a dumping violation(yard waste) This is conditioned in the Order of Conditions prior to construction. 2 Richelle Martin thinks the erosion control should be extended approximately 10' upslope (west) Richelle also conditioned the submittal of a revised plan depicting that prior to construction Scott Masse motioned to close the public hearing and issue a decision in 21 days. This was seconded by Joseph Lynch The vote was unanimous 242-??? 357 Dale Street(Frederick McCarthy)(N E Engineering) This NOI is for the removal and reconstruction of an existing garage and the addition of a farmer's porch to an existing dwelling within the Buffer Zone to a Bordering Vegetated Wetland (BVW) The new garage was proposed at 51' from the BVW, but Brian LaGrasse made field changes to the wetland line and we are awaiting revised plans depicting the new flag and dimension to the new garage The farmer's porch is outside the Buffer Zone. The new pavement will be outside the 25' No Disturbance Zone,however,the plan needs to show the 25' NDZ There is no DEP # issued yet A motion was made by Joseph Lynch and seconded by Beth Wescott to continue to our next meeting of 4/19/00 with the condition that they move the wetland flag location and we are awaiting one more proof of abutter mailing from 299 Dale Street. This vote was unanimous Decisions: 242-998 Sewer Line-Harkaway Rd and Osgood St(Guertin& Assoc)cont fr 3/15/00 This NOI was closed at our last meeting on 3/l/00 with a decision to be made in 21 days Richelle Martin had requested additional information/language be incorporated into their Construction Schedule and they have revised the document and submitted the revisions in accordance with the Bylaw There are no outstanding issues A check shall be provided in the amount of$11,818 ($10,000 for sewer line construction, $1,818 for restoration work) We will be getting monthly progress reports and there will be environmental monitoring A a motion was made by Scott Masse and seconded by John Mabon to accept the Order of Conditions as amended The vote was unanimous 242-1005 146 Olympic Lane (Paul Dubasak)(N E Engineering) Ben Osgood presented This property has a failed septic system The 25/50' setbacks have been met The (yard waste) dumping violation will be taken care of It was also decided that$1,500 would need to be posted before commencement of any work A motion was made by Joseph Lynch and seconded by Scott Masse to accept this decision The vote was unanimous Creation of Open Space & Trails Committee A motion was made by Scott Masse and seconded by Beth Wescott to dissolve the Open Space Committee created in 1994 and to also dissolve remnants of the Trail Committee The vote was unanimous A motion was then made to create a new combined Open Space/Trails Committee consisting of 12 total members (one member each from Conservation Commission,Planning and Zoning Board of Appeals), 6 at-large members and up to 3 associates for a maximum of 12 members. Nine members would be allowed to vote and the three associate members would not be allowed to vote Three of the members would be on the Committee for a one year term,three other members would be on the Committee for a two year term and the three Board members would be on the Committee for a 3 year term. A motion was made by Beth Wescott and seconded by Scott Masse to accept this new Open Space/Trails Committee. The vote was unanimous. It was further discussed that all existing members would be advised in writing that the old Committee had been dissolved and all would be able to re-apply for the new membership Committee The Conservation Commission authorized Richelle Martin to run a small ad in the North Andover Citizen stating that they would be accepting new applications for the new Open Space/Trails Committee and that all applications should be in no later than May 15'', 2000 A question was raised about the Rail Trail Committee being a part of the new Open Space/Trails Committee It was suggested that it should operate as an ad hoc Committee This decision was tabled for now A motion was made at 10 10 p in to adjourn by Beth Westcott and seconded by Joseph Lynch The vote was unanimous.