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HomeMy WebLinkAbout2000-07-05 Conservation Commission Minutes Conservation Commission Minutes Stevens Memorial Library July 5,2000 Members Present: Scott Masse, Chairman,Albert Manzi, Vice Chairman, John Mabon, Robert Mansour and Deborah Feltovic James Demotses,Associate arrived at 8 P M Beth Wescott and Joseph Lynch 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 10 p in by Scott Masse, Chairman. Minutes: No minutes were accepted General Business: 242-906 Modification to OOC - Campbell Rd Sewer Project(Mesrti Dev)cont fr 7/5/00 Brian LaGrasse presented and informed the Commission that this Order was issued on 6/4/98 authorizing the installation of a sewer line on Campbell Road from Rte 114 to Salem St This modification request adds a gas line on the southern edge of Campbell Rd The limit of work is not being increased The erosion control has not been changed The erosion control will need to be replaced and pass a pre-construction inspection before work commences This modification was continued from the last meeting because you wanted a cross section and a clearer plan The plans were submitted last Wednesday, June 28`h and are acceptable per the Commission Brian recommended we issue Modification and accept Sheets 2 & 3 dated Rev 6/27/00 A motion was made by Albert Manzi to issue the Modification to 242-906 accepting Sheets 2 & 3 dated REV 6/27/00 and this motion was seconded by Deborah Feltovic The vote was unanimous 242-811 COC - 12 Carriage Chase & 99 Coachman's Lane (DPW)(Guertin& Assocs ,Inc ) This Order was issued on 6/10/96 authorizing the construction of 615 linear feet of sewer from the end of Carriage Chase Road to Coachman's Lane within the BZ of a BVW They have submitted As-Builts, a letter from the engineer and a letter from the surveyor certifying compliance with the Order of Conditions The sewer was put in the roadway Brian visited the site on 6/5/00 and has no issues The Bond is $2,000 Brian recommended we issue the COC for 242-811 and the release of the Bond A motion was made by Albert Manzi and seconded by John Mabon to issue the COC for 242-811 and release the $2,000 Bond The vote was unanimous 242-914 COC - Phase 3B Sewer- Gr. Pond Road(DPW)(Guertm&Assocs.,Inc) Brian LaGrasse presented and informed the Commission that this Order was issued on 7/16/98 authorizing the construction of 315 linear feet of sewer on Great Pond Road They have submitted a letter and stamped As-Builts The sewer lines were placed in the existing roads Brian visited the site on 6/6/00 and has no issues The Bond is $2,000 Brian LaGrasse recommended issuing a COC for 242-914 and release of the $2,000 Bond. A motion was made by Albert Manzi and seconded by John Mabon to issue a COC for 242- 914 and release the Bond of$2,000 This vote was unanimous 242-290 COC Lot 13/#93 Castlemere Place (Epsilon Assocs , Inc) This Order was issued on 9/12/85 authorizing the construction of a pond on Lot 13 There was also proposed wetland mitigation of an unknown type proposed around the pond Wetlands on other portions of the site have increased tremendously due to beaver activity and serves as adequate mitigation Brian LaGrasse visited the site on July 5, 2000 and has no issues There are no violations on site. The site is stable Michael Howard from Epsilon Associates was present representing the owner He also stated that this area is heavily inundated by beaver population now He is asking the Commission to recognize that there are now more wetlands on the property than ever Mike was asked by the Commission if he thought that these wetlands would ever recede9 His answer was that the wetlands are dynamic and Mike thinks that there will be beaver there all the time He also stated that wetland vegetation has come up in this area Brian recommended issuing a COC for Lot 13 #93 Castlemere Place accepting Plan of Record A motion was made by Albert Manzi and seconded by Deborah Feltovic to issue a COC for Lot 13/#93 Castlemere Place siting Plan of Record and asked that letter from Epsilon Associates dated 6/27/2000 become a part of the record The vote was unanimous 242-95 PCOC - Lot 21A- 258 Bridges Lane (Ellen Daley)(N E Engineering) Brian LaGrasse informed the Commission that this Order was issued on 3/4/81 authorizing the construction of a roadway and necessary grading within the BZ of a BVW The house was not proposed under the filing and it is just an administrative issue. Brian visited the sited on 7/5/2000 and has no issues There are no violations on site. Brian recommends issuing the PCOC A motion was made by Albert Manzi to issue this PCOC for 242-95 and this was seconded by Deborah Feltovic The vote was unanimous 242-140 PCOC -Lot 21A - 258 Bridges Lane (Ellen Daley)(N E Engineering) This Order was issued on 1/6/82 authorizing the construction of Lots 12, 41, 42 and 43 within the BZ of a BVW The house was not proposed under this filing and it is just an administrative issue Brian visited the site on 7/5/2000 and has no issues There are no violations on site Brian recommends issuing the PCOC A motion was made by Albert Manzi to issue this PCOC for 242-140 and this was seconded by Deborah Feltovic The vote was unanimous 242-757 PCOC Lot 6 - 86 Sherwood Drive (Robert Janusz)(Lawrence Rupp) This Order was issued on 10/5/95 authorizing the construction of a roadway with appurtenances, detention ponds and necessary grading within the BZ of a BVW The house was not proposed under this filing and it is just an administrative issue Brian visited the site on July 5, 2000 and has no issues There are no violations on site Brian recommended issuance of a PCOC. A motion was made by Deborah Feltovic to issue a PCOC for 242-757 and this was seconded by Albert Manzi The vote was unanimous Decisions: 242-999 1679 Osgood Street(Richard Kaminski & Assocs )cont fr 6/21/00 An Order of Conditions was drafted by Richelle Martin requesting double staked hay bales backed by trenched siltation fence, a minimum of 30 extra hay bales, a check payable to the Town of North Andover in the amount of$10,000 00 Upon beginning of work, the applicant should submit written progress reports every month, no trash dumpsters will be allowed within 50 feet of areas subject to protection under the Act or local ByLaw After construction permanent signs designating "No Salt Zone"and"No Snow Stockpiling Zones" shall be displayed in prominent locations and approved by the Conservation Administrator prior to installation A motion was made by John Mabon to accept these OOC as drafted and this was seconded by Deborah Feltovic The vote was unanimous 242-1018 Harkaway Rd & Osgood St(Bay State Gas Co)(Guertin&Assocs.) An Order of Conditions was drafted by Richelle Martin which was summarized to the Commission The only change made to the Order of Conditions was instead of monthly progress reports that it be changed to weekly progress reports and weekly monitor reports as this project may not take more than a month to complete A motion to accept the Order of Conditions as drafted and ammended was made by Albert Manzi and this was seconded by John Mabon The vote was unanimous Scott Masse informed the Commission that Robert Cerchione,who is seeking to become an alternate Conservation Commission member,will be in front of the Board of Selectmen on July loth,2000 seeking this nomination. Mr. Masse asked that any members of the Commission who are able to attend do so. The Commission took a recess at 7:35 P.M. Public Hearings (8 p.m.) Before Public Hearings began Scott Masse, Chairman announced to the audience that our Administrator,Richelle Martin,would be leaving us after more than 4 years of outstanding service to the Commission. Everyone applauded and Mr. Masse thanked Ms. Martin for her committed service to the Commission. Request for Determination of Applicability 5 Skyview Terrace (Andrew Chaban)(Wetlands Preservation)cont fr 6/21/00 Richelle Martin presented and informed the Commission that some sort of resolution was obtained at the site meeting However, she is in receipt of a request to continue to our next meeting of 7/19/00 They plan on filing in time and would like to leave their options open until the NOI is heard A motion for a positive determination for this RDA was made by Albert Manzi and this was seconded by Deborah Feltovic. The vote was unanimous Barker Street(Tara Leigh Development, LLC)(Epsilon Associates,Inc)cont fr 6/21/00 Richelle Martin informed the Commission that this was continued from our meeting of 6/21/00 and that this was sent out for 3`d party review(Patrick Seekamp) Patrick walked the wetland line on 6/28/00 and made no changes to it Again,this is for confirmation of the wetland lines only No work is proposed at this time A motion was made by Jack Mabon to issue a positive determination of applicability confirming that the resource areas are accurate as reflected on plans dated REV May 31, 2000 and this was seconded by Deborah Feltovic The vote was unanimous Lot 5 Salle Way (Marilyn Elias -Eight Meadows Realty Trust)(Civil Constr Mgmt) The Public Notice was read and a note was made that even though Public Notice listed that meeting would be held at DPW that we had posted a change of location to the Stevens Memorial Library This RDA is for the construction of a home, driveway, grading and necessary appurtenances within the Buffer Zone to a BVW(local wetland) The BVW(state and local wetland) in the rear of the property is> 100' from the proposed work The closest work(grading) is approximately 58' from the North Andover bylaw wetland(across the street). They had received a negative determination on this same project in July of 1997 Ms Martin informed the Commission that this is valid until July 17, 2000 Ms Martin suggested a positive determination of applicability be considered requiring the applicant to file an NOI so we may monitor this project closely Mr Manzi at this point suggested that if we issue a negative determination of applicability we'd be relinquishing control of this project Mr Manzi recommended we issue an Order of Conditions for this project A motion was made to issue a positive determination of applicability by John Mabon and this was seconded by Albert Manzi Robert Mansour abstained from voting The vote therefore was 4 votes for and 1 abstaining vote Notice of Intent(s) 242-871 Amendment to OOC - Berrington Place Subdiv (Erik Heyland)cont fr 6/21/00 The applicant requested a continuance in writing to our 7/19/00 meeting. They have one more issue to resolve with Coler& Colantonio John Mabon made a motion to continue 242-871 to our meeting of 7/19/00 and this was seconded by Deborah Feltovic The vote was unanimous 242-1011 Boston Ski Hill (Mesrti Development)cont fr 6/7/00 We are in receipt of a letter from Paul Marchionda requesting a continuance to our meeting of 7/19/00 A motion was made by Albert Manzi to continue 242-1011 to our meeting of 7/19/00 and this was seconded by Deborah Feltovic The vote was unanimous Mrs Fmk was in the audience and wanted them to be aware of how devastating this project would be if it were to come to fruition She wanted them to know that the project is for the construction of 79 townhouses on Boston Hill 242-829 Amendment to OOC -Holt Rd Landfill (DEP)cont fr 6/7/00 Richelle Martin informed the Commission that she is in receipt of a final written review from John Chessia and all of his concerns have been addressed and he is now satisfied Richelle did not have any outstanding issues with this project She recommended closing the public hearing and issuing an amendment referencing plans of 3/6/2000, REV 7/6/2000 A motion was made to close the public hearing and issue an amendment referencing plans of 3/6/2000 REV 7/6/2000 for 242-829 by Albert Manzi and this was seconded by Deborah Feltovic The vote was unanimous 242-1020 492 Sutton St (Mass Aeronautics Com)(Dufresne-Henry, Inc )cont fr 6/21/00 Richard Doucette, Environmental Analyst was present along with Randy Christiansen, Biologist from Dufresne-Henry Richelle Martin informed the Commission that we are awaiting a determination from National Heritage and Endangered Species Program (although it has been more than 30 days since they received it) Mr Doucette informed the Commission that in the late 1980's and early 1990's it was impossible to clear trees around the airport due to wetlands Then in 1992-1993 the State regulated laws were changed to allow limited projects to be done The Mass Aeronautics Commission developed a Vegetated Management Plan This is the loth one to be done The tree clearing would be done in the winter or next summer Randy Christiansen, biologist stated that the Vegetated Management Plan was prepared and specifies a menu to follow The plan is to fit the trees at the airport The menu used is ground elevation, elevation of the trees and elevation of the runways. Two of the runways are visual runways and have less impact of vegetation to be cleared There is one precision runway and one non-precision runway These need to have tree topping done, ground elevation and how they will clear, listed clearly under the VMP They need to identify obstructions, rare species, specific water supplies and geological species. They have obstructions and constraints that they need to abide by Four clearing methods to be done Two are in upland areas Upland Type 2—clearing height is over 25 feet in height to be removed and to leave the remaining vegetation. Upland Type 1 —is removing everything at ground level Shrub elevation is also considered penetrating vegetation Everything under 15 feet is left and everything over 15 feet is removed 24 7 acres is proposed to be converted to shrub wetland Type 2 clearing is any vegetation 5 feet high that needs to be cleared Only 0 7 of an acre of the 24 acres would need to be cleared under this Type 2 clearing Red maple, European buckhorn would be cut but they grow back very quickly Once tree is cut, herbicide application would be applied There will not be any aerial spraying. The herbicide use will be done very carefully There would be erosion control measures taken along with jute mesh, seeding to be done and mulching also They would have limited access to the steep slopes The rare species issue was brought up and the Commission was informed that they would be hand cutting of the rare species only in that area We are awaiting a reply from National Heritage on what kind of species is in there An Environmental Monitor will be involved to limit activities from protected areas Ms Martin asked are the areas which are proposed to be cut in Approach Zones only or in Transition Zones as welly The answer was in the Approach Zones, Transition Zones and also the Primary Surface would be cut Ms Martin also mentioned that in 1998-1999 illegal cutting was done Commission was informed that this NOI has been modified in regard to this illegal cutting Ms Martin informed the Commission that when she was at the end of Wood Avenue she noticed a significant amount of yard waste had been deposited there by the neighbors and she asked that this dumping be stopped immediately Mr Manzi brought up Type 2 figure 3 on VMP showing 1"=600' on scale on Runway 5 Mr Manzi was asking why the cutting was 300' from runway on north-northwest side, however, on southerly side cutting is more than 800' in wetland area 11 B Mr Christiansen informed the Commission that on the north-northwest side you drop about 45' on that side There is smaller brush on the north-northwest side There is larger brush on the southerly side On Plan U47 it is depicted as an upland area A site walk was conducted at U47 and the resource areas came right up to all abutting properties on Wood Avenue. There is a catch basin at the end of Wood Avenue The Commission found area U47 to be wetlands This area needs to be redelineated The property line does not stop at the chain link fence The flags shown on the plan were surveyed from the ground Topography was done from the air Wetland area Type 2 will probably be changed to Wetland Type 1 Mr Christiansen to relook this area over again. Mr Manzi wanted to know how many airports there were in Mass? Mr Doucette answered Two by MassPort and 42 public and privately owned How many are scheduled for VMP? Eleven have been completed and based on annual obstructions 17 need to be cleaned MAC decided which airports to work on How is the selection process made? It's done by obstruction of vegetation to the airport Is it an emergency tree cutting situation for Lawrence Airport? Answer was not necessarily Lawrence Airport is not in danger of reliever status Some insurance carriers required 5000 feet to land on an airstrip What size are the planes? Single and twin engines Why is MassPort involved in this? They are not Is any funding tied to this project? There is a grant to Lawrence Airport from MAC only for VMP Can MAC come in and take over airport? Mr Doucette said no as far as he's concerned If there is no VMP proposed would Lawrence Airport be closed? Probably not Mr Doucette stated that Runway 5 is the most dangerous and needs to be cleared Could this objective of airport safety be accomplished with bringing a plan not as dramatic? Answer Trees that are penetrating surfaces need to be cleared out If they were to lessen the removal of trees it would leave obstructions Conversion of wetland type was then discussed BVW= forested, shrub or meadow wetland Forested to be replaced by shrub wetland Removal of canopy would be done and then let nature take over in filling it in Mr Dennis Card of 28 Wood Avenue,North Andover presented some slides at this time. 7 1 slope is 360 feet in area. Any trees 30' to 50' could be left in place on the 7 1 slope Mr Card had a very good presentation and the audience applauded him when he was finished Ms Naomi Sousa of 33 Wood Avenue,North Andover spoke and stated that any tree greater than 6 feet in diameter would be cut down and spraying would also be done This would diminish the privacy barrier and also increase the noise in the area(this was measured at 80 decibles of noise) not to mention how it would destroy the wildlife in the area Lana Schofield, Vice Chair of the Airport Commission was present and stated that the airport had been in service for 70 years and that they would be willing to speak to any abutters to resolve any issues they may have She also addressed the height and level of planes coming in and out of the airport Mr Ed Mahr, Co-chair for People for the Environment wished to thank the Conservation Commission for their interest in this project An abutter, who did not give his name, spoke about the 78 acres to be cut with this project He wanted to know if it was wise to spray herbicides in the wetlands9 Answer The herbicide used is approved by DEP and Dept of Food&Agriculture The herbicide to be used has been used for many years and is a very common chemical which is used in the Roundup herbicide Mr Manzi advised the audience that the Conservation Commission does not have jurisdiction in areas of powerlines, etc We don't know if any damage is being done to the vernal pools as yet Is there money to repair BZ after the project is done ie noise, pollution, aesthetics? Mr Manzi suggested that a Bond could be established only to make sure that everything is done properly The transition surface which includes shrubs, etc would be left as a BZ as they grow There was mention that the aiport is not paying taxes to the Town of North Andover Lana Schofield advised the audience that taxes are being paid on the buildings at the airport Mr Nick Ventrillo of 14 Wood Avenue,North Andover spoke and advised everyone that he had been living there for 49 years His house was the second house built on that street He stated that he had wanted the Town to cut down one tree on his property and he got no satisfaction (hand gesture I) at all Bob Carroll of 22 Belmont Street had a question about the hydrology He was informed that the forest to shrub area curb surface doesn't change Will there be compensation done for tree clearing? Richard Doucette stated that screens such as replantings may have to be done after they see how tree clearing goes Small trees and shrubs will be allowed to stay People in the audience were concerned if this would be their only time to speak. Mr Masse informed them that once the Public Hearing is closed no more comments could be taken and a decision would be made in 21 days He also stated that the MAC would have to get a Waiver from the Wetland Bylaw in order to do this project Mr Masse stated that it is very difficult for this Conservation Commission to grant a waiver Mr Carroll asked if there was flooding after this project was completed would they be stuck with what happens after that? He was informed that the only change would be in the vegetation Just the trees would be removed Another member of the audience informed everyone that when he lived in the San Francisco area it was his experience that if you cut down trees and leave the stumps it could cause soil erosion and flooding and would block drainage Brent(9)wanted to know if you followed a no net loss and mrtigation9 Answer yes Wildlife habitat is usually the only habitat that is changed Different set of species will be found The bird life will change Deer are already in the area He would suggest monitoring plots to be done He also suggested that hand cutting of trees be considered as the chainsaw emits a lot of gas fumes which is not beneficial to the environment This concerned citizen also questioned the herbicide to be used and was told that it was the petroleum in the herbicide and not the chemical in the herbicide that was a danger to the environment Dave from KMPD Realty spoke stating he was very concerned about the BZ,the noise and what would happen to the valuation of the homes in the area if this project were to go forward At this point Mr Manzi reiterated that there had been a mistake on the Plan specific to area U-47 Mr Masse, Chairman asked that the state establish an escrow account to allow the town to hire an independent consultant to review the project's environmental impact on about 25 acres of wetlands With any project of this size we typically ask the applicants to establish an escrow account for a third-party review Generally speaking, if this was a regular project,we'd have already sent it out for review Mass Aeronautics is in discussion about this and cannot agree to this escrow at this time A motion was made by Albert Manzi to continue this to our agenda of 7/19/00 and this was seconded by John Mabon The vote was unanimous 242-1023 4 Kathleen Drive (Bruce and Diane Carey) Proof of mailings were presented Richelle Martin informed the Commission that this NOI is for the construction of a 12'xl2' wood deck within the Buffer Zone to a BVW The deck is approximately 70 feet from the BVW Brian LaGrasse and Richelle Martin walked the site and confirmed the wetland line Erosion control is depicted in an appropriate location They meet the 25'/50' setbacks The only issue Ms Martin had is that there is a yard waste pile being dumped in the No Disturbance Zone and we can condition that to be cleaned up by hand prior to construction Other than that Ms Martin had no further issues Robert Mansour questioned a shed which was on the property On further investigation this shed has been there for 9 years A motion was made by Albert Manzi to close the public hearing and issue a decision in 21 days conditioning the removal of the yard waste and moving of the shed to outside the 50' "no construction zone" This motion was seconded by John Mabon The vote was unanimous 242-1022 93 Rocky Brook Road(Paul Renzella)(Basbanes Wetland Consulting) Proof of mailings were presented One abutter was present for this project. This NOI is for the expansion of an existing driveway within the Buffer Zone to a BVW The limit of work is 37' from the BVW Erosion control is in a proper location They are not requesting any waivers There is also a proposed shed, but it is outside our jurisdiction(>100' from the BVW) Brian LaGrasse walked the wetland line with Leah Basbanes and did not make any changes to it Ms Martin had no issues and recommended closing the public hearing and issuing a decision in 21 days A motion was made by John Mabon and seconded by Robert Mansour to close the public hearing for 242-1022 and issue a decision in 21 days The vote was unanimous 242-1021 1070 Osgood Street(Chas Senabunyarithi)(Thomas Neve Associates, Inc.) The applicant is requesting a withdrawal without prejudice due to incompleteness A copy of this letter will be sent to DEP A motion to adjourn was made by Robert Mansour and seconded by John Mahon at 10:35 P.M. The vote was unanimous.