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HomeMy WebLinkAbout2000-05-17 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room May 17, 2000 Members Present: Albert Manzi, Chairman, Scott Masse,Vice Chairman, Joseph Lynch, John Mabon, Robert Mansour, Beth Wescott and Robert Demotses Deborah Feltovic was absent. Staff Present: Richelle L Martin, Conservation Administrator, Brian J LaGrasse, Conservation Associate and Germaine L Ouellette, Conservation Secretary The meeting was called to order at 7 p in by Albert Manzi, Chairman Minutes: Scott Masse made a recommendation to accept as amended the minutes of the April 5, 2000 and April 19, 2000 meetings A motion was made by Robert Mansour to accept these minutes as amended and this was seconded by Beth Wescott The vote was unanimous The minutes of the May 3, 2000 meeting have not yet been approved General Business: 242-649 PCOC -Lot 4 - Stevens Crossing (Evergreen Management) Brian LaGrasse presented and informed Commission that this Order was issued on 5/3/93 and amended on 6/2/93 authorizing the construction of 15 houses, roadway, necessary grading and associated appurtenances within the Buffer Zone of a BVW 25' and 50' were mandated and met, except the driveway at flags B 18 and B 19 The driveway was approved and is located 20' from these flags We are in receipt of stamped As-Builts and a letter certifying compliance with the Order of Conditions Brian visited the site on 5/17/00 and has no issues The wetland flags have been re-established There are no violations and the sites are stable Brian recommended issuance of the PCOC for Lot 4 A motion was made by Scott Masse to issue a PCOC for Lot 4—Stevens Crossing and this was seconded by Beth Wescott The vote was unanimous 242-1006 Modification to OOC - 125 Rea St (R Martin) Richelle Martin presented and stated that Al Manzi and Joe Lynch had wanted to visit the property before issuing this Amendment(discussed at the last meeting) Richelle received a call from the Anderson's after they received their Order of Conditions in the mail Condition#47 reads "Prior to construction,the applicant shall remove the existing shed to be re-located outside the 50' No Construction Zone " Mr & Mrs Anderson were under the impression that it only had to be relocated outside the No Disturbance Zone as discussed at the meeting Richelle checked the minutes and they are right Richelle is requesting the amendment for them as an administrative oversight when she was drafting the Order of Conditions A motion was made by John Mabon and seconded by Beth Wescott to issue the Modification to the Order of Conditions as regards Condition#47 The motion was passed with Scott Masse opposed 242-885 Modification to OOC - Lot 36 -Forest View Estates (Marchionda&Assocs) Brian LaGrasse presented and informed the Commission that this Order was issued on 3/10/98 authorizing a 92 lot subdivision This modification request changes the location and footprint of the house on Lot 36 on plans dated 4/26/00 The approved location is 63' from WF F1F The 25' and 50' setbacks are still being met on the proposed plans The erosion control is in the same location The limit of work is not being increased The roof infiltration system is in the same location The telephone and electric utilities have been added to the plan The sewer and water are in the same location and the grading is the same Brian recommended issuance of Amendment and accept plans dated 4/26/00 Scott Masse made a motion to accept the Modification to the Order of Conditions for Lot 36 and accepting Plan dated 4/26/00 and this was seconded by John Mabon. The vote was unanimous 242-885 Modification to OOC - Lot 37 -Forest View Estates(Marchionda& Assocs ) This Order was issued on 3/10/98 authorizing a 92 lot subdivision This modification request changes the location, footprint, and the foundation elevation of the house on plans dated 4/26/00 The house was 59' from Wetland Flag F 1 C and has been moved to 50 5' from WF F 1 C The foundation is being raised up approximately 1 foot The limit of work is the same The 25' and 50' setbacks are still being met on the proposed plans Telephone and electric have been added The roof infiltration system is in the same location. Water and sewer are in the same locations The grading is the same Brian LaGrasse recommended we issue the Modification to the Order of Conditions for Lot 37 and accept plans dated 4/26/00 A motion was made by Scott Masse and seconded by Joseph Lynch to issue the Modification to the Order of Conditions for Lot 37 citing Plan dated 4/26/00. The vote was unanimous Ratification of Enforcement Order- 93 Rocky Brook Road dated 5/4/00 (Brian LaGrasse) This was continued from our meeting of 5/4/00 in which owner was cutting down trees in the wetlands in order to clear a way for a swing set Brian served the owner with an Enforcement Order on 5/1/00 with the following action to be taken- Install erosion control, plant six (6)red maples as 2 1 mitigation, and stabilize with a wetland seed mix by no later than May 15, 2000 Any further work would require approval by the No Andover Conservation Commission A motion was made by Scott Masse to ratify the Enforcement Order and this was seconded by John Mabon The vote was unanimous 242-825 COC - Wild Rose Dr & Holly Ridge Rd (Wetlands Preservation) This order was issued on 9/19/96 authorizing the regrading of an existing detention pond, removing an existing stone berm and the creation of a 5,000 s f. replication area This Order of Conditions was issued in addition to those issued under File#242-585 We are in receipt of a stamped letter from a P E and stamped As-Builts of the replication area and the Detention Pond We are in receipt also of a letter from the wetlands biologist certifying the replication area has completed two successful growing seasons and meets the standards set forth in the North Andover Wetlands Protection Bylaw Section III 3B Brian visited the site on May 9, 2000 to verify the condition of the replication area The replication area does meet the standards set forth in the North Andover Wetlands Protection Bylaw There are no violations on site The site is stable The bond is $50,000 Mr. Manzi stated that the Town accepted the Plan at their meeting on Tuesday night(May 16, 2000) We will get a copy of the Open Space Deed Restriction for North Andover Estates A motion to issue the COC was made by Scott Masse and seconded by John Mabon The vote was unanimous. 242-921 Amendment to OOC - Lot 3 -Brook Farm (Jim Mangano) Brian informed the Commission that this Amendment is a result of the violation notice issued on 10/8/98 authorizing a 7 lot subdivision This amendment request changes the location of the approved deck The deck has already been built and meets the setbacks but needs the administrative approvals The approved deck was 85' from WF A-8 and this deck is 72' from WF A-8 Scott Masse asked if the wetland flags were re-established The answer was yes Joseph Lynch made mention that this Amendment is just for the modification of the deck only A recommendation was made by Brian to issue the Amendment to the Order of Conditions, Plan of Record specific to Lot# 3 only dated 5/17/00 It was also decided that it was not necessary to open the public hearing A motion was made by Scott'Masse to issue Amendment to the Order of Conditions specific to Lot#3 and Plans dated 5/17/00 This was seconded by John Mabon The vote was unanimous Enforcement Order- 674 Turnpike St (Brian LaGrasse) Brian LaGrasse issued an Enforcement Order on May 15, 2000 for the above address as owner was filling in a protected resource area which is in violation of M G L C 131 S 40 and C 178 of the Code of North Andover Mr Albert Manzi recommended to put up a barrier to stop erosion from happening again Mr Manzi wanted to know what measures could be taken to require some type of a protection barrier in the future in the driveway? A motion was made by Scott Masse and seconded by John Mabon to ratify the Enforcement Order as written The vote was unanimous 242-871 Amendment to OOC - Bemngton Subdivision(Erik Heyland) This was continued from our last meeting of 5/3/00 per Richelle Martin She advised the Commission that they had submitted the comparison for the changes A letter was submitted with the exact numbers of the impervious areas for the 7 lot and 3 lot subdivision There is 28 7% less grading within the 100' Buffer There is 22 2% less amount of impervious area There is a 9,361 s f decrease in the amount of disturbance within the NACC jurisdiction Beth Wescott informed the Commission that she has been struggling with this project since the beginning They're going down on roof area and going up on road area Beth Wescott is having a struggle with that. Should this be placed now into a public hearing? Joseph Lynch didn't see huge reductions Less impact now Scott Masse stated that this Amendment is under the old Bylaw If this is considered a moderately sized change then a new public hearing should be opened Ken Grandstaff, the developer, feels as though the engineers haven't properly reviewed documents presented Al Manzi asked if this should be sent to a 3`d party review? We are still holding$1,787 + interest in escrow on this project. Ken Grandstaff asked if he could use VHB as a consultant but was informed by Mr Manzi that this would be a conflict of interest as VHB is already being used for another project in Town now A motion was made by Robert Mansour and seconded by Joseph Lynch to reopen this project at a public hearing as a moderate modification of the Old Bylaw Scott Masse made a motion to deny this request as a minor modification and this was seconded by Joseph Lynch(due to the fact that the language in the old Bylaw pretty much states this project as minor or insignificant) This change, as presented, is considered to be moderate in size Mr Lynch reiterated the fact that the burden is on the applicant to prove if it is minor or moderate in size and that this project as presented is completely different and that abutters need to be notified Ken Grandstaff made a request to the Board to change his request to read a"moderately sized project change" A motion to declare it as a moderately sized project change under the old Bylaw was made by Scott Masse with a request to move to reopen at the public hearing on 6/7/00 solely in regards to amendment request This was seconded by Robert Mansour. The vote was unanimous Applicant must also re-advertise and re-notify abutters and be present at the next Conservation Commission meeting Mr Manzi asked applicant if he wanted to waive his right of choice of the three bid process and Mr Grandstaff signed the waiver form and is going with Coler& Colantomo. Joseph Lynch asked the Commission to appropriate funds to purchase two (2)NACC Handbooks to be taken out of our Wetland Filing Fee Account A motion was made by Scott Masse and seconded by Beth Wescott to approve this request The vote was unanimous Motion to recess at 7:52 p.m.was requested by Joseph Lynch and seconded by Scott Masse. The vote was unanimous. Public Hearings (8:00 p.m.) Request for Determination of Applicability 1210 Osgood St (Forgetta Development,LLC)(Epsilon Assocs , Inc) This RDA is for confirmation of the wetland line only No work is proposed On May 11, 2000, Michael Howard and Richelle Martin walked the property and reviewed the wetland line Richelle made one change to the line The flag that was added was picked up in the field by survey and the new plans reflect that change Richelle is confident that the wetland line is accurate with the change that was made in the field Richelle Martin recommended the Commission issue a positive Determination of Applicability referencing wetland flags- WF7-24 through WF74 including WF7-15A and WF3-9 through WF3-20 There were no abutters present at this meeting Scott Masse made a motion to issue a positive Determination of Applicability using plan of record dated 5/17/00 and this was seconded by Beth Wescott The vote was unanimous 445 Boston St (Maureen Connelly)(Frank S Giles) This RDA is proposing to enclose an existing 5'X8' front stairway for a foyer Richelle walked the wetland line on May 16, 2000 and has no issues with it. This is a very minor project in Richelle's opinion Erosion control is proposed in a proper location This project will not have any negative impacts on the wetlands, therefore, Richelle's recommendation is to close the public hearing and issue a negative determination referencing plans dated 4/21/00 and requiring the applicant to schedule a pre-construction inspection with the Conservation Department. Proof of mailings were given Scott Masse made a motion to issue a negative Determination of Applicability referencing plans dated 4/21/00 on condition of pre-construction site inspection which was seconded by John Mabon The vote was unanimous Abbreviated Notice of Resource Area Delineation 242-1001 Greene Street Wetland Confirmation(WPI)cont fr 5/17/00 Richelle Martin advised the Commission that the revised plans were submitted by WPI in accordance with our Bylaw(7 days) and they depict everything as outlined in NH Soils review They also removed the"area of previous disturbance"as well They are finally in compliance with all of our requests Richelle recommended we issue an Order of Resource Area Delineation determining that the resource areas as delineated on plans entitled "Existing Conditions for land on Greene Street" dated 2/3/2000,REV 5/8/00 are accurate (BVW, BANK, BLSF,Riverfront Areas 100' and 200') There were no abutters present. Joseph Lynch made a motion to issue the Abbreviated Notice of Resource Area Delineation referencing plans of 5/8/2000 This motion was seconded by Scott Masse. The vote was unanimous 242-1008 Kenwood Street&Mass Avenue(WPI)cont fr 5/17/00 Richelle Martin advised the Commission that the revised plans were submitted by WPI in accordance with our Bylaw(7 days) and they depict everything as outlined in NH Soils review They also removed the"area of previous disturbance" as well They are finally in compliance with all of our requests There were no abutters present Richelle recommended we issue an Order of Resource Area Delineation determining that the resource areas as delineated on plans entitled"Plan Showing Existing Wetland Resource Areas" dated 2/18/2000, REV 5/8/00 are accurate (Flags 0-1 through 0-6, Riverfront Areas (100' and 200')(by virtue of flags 0-1 through 0-6 being accurate), and Floodplain(as it is consistent with the FEMA determination) Joseph Lynch made a motion to issue the Abbreviated Notice of Resource Area Delineation referencing plans of 2/18/2000 and this was seconded by Scott Masse The vote was unanimous Notice of Intent(s) 242-1011 Boston Ski Hill(Mesita Development)cont fr 5/17/00 Richelle Martin presented and informed Commission that the Waiver form needed to be submitted was done The restoration plan needed to be submitted for the demolition of the buildings was also done The Commission had asked that the utilities be depicted on the plan and this has been done Mrs Fmk was present and spoke She informed the Commission that the present project consists of 3 bedroom units and was asking the DEP about the stormwater drainage Where would the runoff go? Paul Marchionda spoke and informed everyone that the runoff would eventually be going into the brook Mr Marchionda stated the original project consisted of 104 units ten years ago and that MEPA had signed off on it in 1988-1989 The new project proposed consists of only 79 units and Mr Marchionda informed the Commission that there would not be any discharge witlun the Conservation's jurisdiction However,this has not gone out for review with the Conservation Commission yet This new,project proposed has no commercial space involved Joseph Lynch asked if MEPA was given information Mr Marchionda read a letter from MEPA dated December 11, 1998 On January 17, 1990 a Scoping Certificate was given for this project from MEPA bringing it down to 79 units from the original 104 units MEPA advised Marchionda&Associates that this project was exempt from the Riverfront Protection Act A letter from Michael Howard,then Conservation Administrator, dated January 29, 1999 gave this project exemption from State and local Bylaw Joseph Lynch disagreed with the letter from Mike Howard This project has not gone out for a 3`d party review as yet VHB reviewed it for the Planning Board only Mr Lynch was concerned about what erosion measures would be used on site? He felt there was a potential disaster waiting to happen regarding erosion and runoff of water Robert Mansour requested this project go out for a 3`d party review Joseph Lynch made a motion to continue this to our next meeting on 6/7/00 and that they submit the VHB review to the Commission This was seconded by Beth Wescott At this point Scott Masse moved to strike the previous motion asking that Mrs Fmk submit everything she had in writing to Richelle Martin and that we establish an escrow of$2,000 This motion was seconded by Beth Wescott This vote was unanimous The applicant signed Waiver Form to assent to a 3`d party review Joseph Lynch then made a motion to continue this to our meeting of 6/7/00 pending review of all information obtained and this was seconded by Beth Wescott This vote was unanimous 242-999 1679 Osgood St (Richard Kaminski & Assocs)cont fr 5/17/00 Mr Kaminski was present and stated they are scaling down the project by 19% Mr Chessia from Coler& Colantonio has not responded to Mr Kaminski's revisions yet Mr Kaminski is asking for a continuance to our meeting of 6/7/00 Scott Masse made a motion to continue to our next meeting of 6/7/00 and this was seconded by John Mabon. The vote was unanimous 242-1010 Abbott Street(DPW)(Hancock Environmental Consultants)cont fr 5/17/00 Signed letters from property owners were presented to the Conservation Commission Richelle Martin has no outstanding issues Julie Parino of Hancock Environmental presented and informed the Commission that the water runoff would go into the road as it is now The sidewalks will be sloped toward the road in the same place as they are now The road will be repaved in the future There is one catch basin on Salem St which goes into Mosquito Brook Jim Rand drafted a letter and gave to Town Counsel for their approval The wetland replication owners have given their permission Julie stated that the easements have to be in place first or there is no project at all Scott Masse had issues with Entry Permit and Release Scott wanted to know who would be responsible for the upkeep of the replication areas after work is completed? Jim Rand does not have authority to sign off for this project for the Town Town Counsel needs to give approval. The sidewalks need to be crowned properly for proper water runoff A motion was made by Beth Wescott to continue this to our meeting of 6/7/00 and this was seconded by Scott Masse The vote was unanimous 242-996 1812 Turnpike St(The Equestrian Shop)(Allen& Malor)cont fr 5/17/00 Gary Scola from Allen&Major submitted a letter to the Conservation Commission requesting continuance to our meeting of 6/21/00 Apparently,they have to revise their drawings and calculations and re-submit to both Coler& Colantonio and the NACC There was some inaccuracy with their drainage information There were no abutters present this evening If this request is granted, they will have to re-advertise in the Citizen per Richelle Martin Scott Masse made a motion to deny the continuance and requested this to be closed and this was seconded by Beth Wescott However,the vote was 3-2 against closing it Joseph Lynch then made a motion to continue to our meeting of 6/21/00 which was seconded by John Mabon This vote was 3-2 to keep it open and continue to our meeting of 6/21/00 242-829 Amendment to OOC - Holt Rd Landfill (DEP)cont fr 5/17/00 No abutters were present for this project Richelle Martin informed the Commission that we need to reopen this public hearing John Chessia has already started his review They did properly advertise this hearing in the Citizen Richelle spoke to John Chessia today (5/17/00) and he is currently working with Dave Murphy and Company regarding the drainage issues His preliminary review was in the packets given to the Commission tonight He is interested in doing his own site walk He says the berm is narrow,the 2 1 slope is not compacted enough, and details of the landfill design and structure need to be submitted Needless to say, his review is not yet satisfied. A motion was made by Scott Masse to continue this to our meeting of 6/7/00 and this was seconded by John Mabon The vote was unanimous 242-1013 61 Lancaster Road—(Joanne Luciano)(Hancock Consultants) This NOI is for the installation of an inground pool, fence and grading within the Buffer Zone to a Bordering Vegetated Wetland(BVW) 25'/50' setbacks are being proposed. Richelle has been out to the site on a few occasions, and recently walked the wetland line and made no changes to it A stockpile area is proposed as well as erosion control. The only issues Richelle has is chemical storage, dewatering should it be necessary, and where will it be backwashed to? Julie Parino informed Commission that the chemical storage and dewatering are all outside the Buffer Zone She wasn't sure where the backwashing would be going Proof of mailings were provided A motion was made by Robert Mansour to close this NOI and issue a decision in 21 days and condition it to read backwash to a drywell outside the Buffer Zone This was seconded by Joseph Lynch The vote was unanimous 242-1016 20 Abbott Street- (Christopher Sawyer)(Hemenway&Barnes) Richelle Martin presented and informed Commission this NOI in front of them is as a result of a settlement between Christopher Sawyer and the Conservation Commission Applicant has brought everything requested to the Conservation Commission and it complies exactly with the agreement. Abutters present were Jill Maver of 32 Abbott Street and Helen St Cyr of 812 Salem St They received assurances from Albert Manzi, Chairman of the Conservation Commission and Mr Sawyer, the applicant,that no work would be done in or near the brook The job would be done by the end of June It was further stated to incorporate the Enforcement Order in the Order of Conditions and the NOI Richelle Martin recommended we close this NOI and issue a decision in 21 days A motion was made by Joseph Lynch and seconded by Beth Wescott to close and issue a decision in 21 days The vote was unanimous 242-1015 200 Sutton Street- (C W McAllister& R E Blais)(Frank S Giles) This NOI is for an addition to the Citgo Gas Station They are removing pavement to do so. It is within the Riverfront Area, however, they have already developed the Inner Riparian Zone (more than 30 years ago), so obviously there is no No Disturbance Zone There is no BVW on site Only top of Bank which is at elevation 50 The lot was obviously created prior to August 1, 1996 This is a re-development commercial project which is subject to the Stormwater Management Policy They did submit an analysis performed by a P E certifying that there is no net increase in impervious area They will actually be making an improvement of it Their proposal is 72' from the top of the Bank and is not being proposed any closer than what already exists The only issue Richelle had is that the erosion control is not proposed in an appropriate location Albert Manzi and Richelle Martin reviewed the site and existing pitch of the parking lot takes the runoff water toward the middle of the lot and not into the street There were no abutters present for this project. This project has received a clean 21E A motion was made to close this NOI and issue a decision in 21 days by Robert Mansour and this was seconded by Beth Wescott The vote was unanimous 242-1014 288 Foster Street - (Timothy Goland)(N E Engineering) Richelle informed the Commission that this NOI is for the installation of an inground pool and deck within the Buffer Zone to a Bordering Vegetated Wetland(BVW)and ephemeral pool Brian LaGrasse and Richelle visited the site on May 16, 2000 Richelle went in with her waders and there were no species present indicating that it is a vernal pool No egg masses, no frogs, no salamanders, no fairy shrimp, no caddisflies It does, however, meet all of the criteria for an ephemeral pool under the Bylaw Ephemeral pools have 50' No Disturbance Zone and a 75' No Construction Zone in our bylaw Both of which have been violated with this proposal Richelle informed the Commission that there is a huge violation which consists of grass clippings and leaves directly in the wetland in the area of flags A4 and A5 Tim Goland and his wife,the owners of the property, were present and asked how much of the grass clippings needed to be removed as they had just moved in about a year ago Richelle and the Commission advised them to remove by hand what grass clippings they had deposited there Ben Osgood is requesting a waiver from the 50' and 75' Ben needs to submit a plan stamped by an RPLS or a base map The property lines were obviously determined professionally somehow An alternative needs to be done because Richelle believes with some reconfiguration the deck and pool can meet our setbacks Richelle would also like to see a dewatering plan and a chemical storage location. Ben Osgood advised the Commission that the owner would prefer to keep the pool in the location as shown as it is in the sun most of the day Owner also wants to erect a chainlink fence 25' from wetlands There would be no gate in the fence. Owner was informed that the concrete area needs to be outside the 50' Buffer Zone The pool proposed needs to meet the 50'/75' No Build Zone Richelle Martin will draft a document regarding the ephemeral pool and wildlife habitat evaluation A motion was made by Beth Wescott to continue this NOI to our meeting on 6/7/00 and this was seconded by Joseph Lynch The vote was unanimous Addendum to NOI at 288 Foster Street Home owner at 300 Foster St, Mrs Shah, spoke about the fence at 288 Foster Street encroaching on her land She would like to have the owner bring the fence into compliance The Conservation Commission advised Mrs Shah that she needed to speak to her neighbor and come to an agreement with him Pursuant to the Bylaw, Albert Manzi reminded the Commission that it was time to elect new officers to the Conservation Commission He made a recommendation that Scott Masse be elected Chairman of the Conservation Commission Beth Wescott made a motion to elect Scott Masse as Chairman and this was seconded by Joseph Lynch The vote was unanimous Mr Manzi wanted the Commission to know"that it had been an honor and a privilege to address this Commission" Scott Masse then made a motion to elect Albert Manzi to be Vice Chairman of the Conservation Commission A motion was made by Beth Wescott and seconded by Joseph Lynch to elect Albert Manzi as Vice Chairman The vote was unanimous A motion to adjourn at 10 10 was made by Joseph Lynch and this was seconded by Beth Wescott The vote was unanimous