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HomeMy WebLinkAbout2000-09-06 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room September 6,2000 Members Present: Scott Masse, Chairman, Albert Manzi,Vice Chairman, John Mabon, Robert Mansour, Joseph Lynch, Beth Wescott and Robert Cerchione, Associate Absent were: Deborah Feltovic and James Demotses, Associate Staff Present: Brian LaGrasse, Conservation Associate and Germaine L Ouellette, Secretary The meeting was called to order at 7 p in by Scott Masse, Chairman Minutes: The Executive Session Minutes of 8/16/2000 were accepted No other minutes were accepted General Business: 242-878 Extension to OOC - Gr Pond Rd (Kenneth Yameen) Brian LaGrasse presented and informed the Commission that this Order was issued on 10/16/97 authorizing the construction of a single family dwelling, associated appurtenances, 540 s f of permanent wetland alteration and 1,100 s f of replication within the Buffer Zone to a BVW This request was continued from our last meeting because the wetland flags were not up in the field The site has been reflagged and Brian did not have any issues with it The extension request would extend the Order of Conditions through 10/16/2001 A motion to grant the Extension to 242-878 was made by Joseph Lynch and this was seconded by Robert Mansour. The vote was unanimous 242-879 Extension to OOC - 7A Old Cart Way (Thomas Neve Assocs ) This Order was issued on 10/1/97 authorizing the construction of a single family dwelling, associated appurtenances within the Buffer Zone to a BVW and certified vernal pool The setbacks approved for this project were the 25' NDZ and 50' NCZ According to Brian LaGrasse we now have the 50' NDZ and 75'NCZ for vernal pools The applicants have been in litigation for the past few years and no work has commenced on this project as of this date They have submitted proof that they were in litigation and that is the reason they have not commenced work. According to Tom Neve, in a letter of July,2000, the complaint is resolved Joseph Lynch stated that any litigation would not freeze the Order of Conditions time span The site has been reflagged and Brian had no issues Greg from Neve Associates was present for this project According to Tom Neve the applicant is now being shown as the plaintiff in the litigation The Commission is questioning whether the applicant originally was the defendant or the plaintiff? Robert Mansour asked that this be continued to find out who was defendant in this case A motion Conservation Commission Minutes 9/6/00 Page 2 was made by Robert Mansour and seconded by Joseph Lynch to continue 242-879 to our meeting of September 20, 2000 and the vote was unanimous 242-940 COC—400 Osgood St (William Bannister)(Joseph Serwatka,P E ) This Order was issued on 12/3/98 authorizing the construction of a parking area and a stormwater management basin within the Buffer Zone to a Bordering Vegetated Wetland (BVW) They have completed stamped As-Builts and a letter from the engineer certifying compliance with the Order of Conditions The 25'/50' were mandated and met except at the entrance where the existing gravel drive was paved The Plan of Record approved the hay bale line at 21' The As-Built has the hay bale line at 15' from the wetland line There is nothing in the file indicating that any changes were approved The Commission thought that there may have been a verbal approval from Mike Howard one of the previous Administrators Joseph Lynch stated that Mike Howard had worked very hard on this project and that this pond performs exactly as intended Wetland species are thriving in there Joseph Lynch recommended we grant the COC for 242-940 Albert Manzi at this point thought that the mowing was a little too aggressive (within the 25' NDZ) Applicant spoke and stated his wetland scientist had told him how far he could cut and he was strictly adhering to this Scott Masse made a suggestion that we continue this to our meeting of 9/20/00 requesting a more accurate plan Joseph Lynch then withdrew his previous motion to recommend a COC The applicant withdrew the As-Built Plans and will substitute with a more accurate plan and requested this be continued to our next meeting A motion was made by Beth Wescott and this was seconded by Albert Manzi The vote was unanimous 242-829 Extension to OOC - Holt Road Landfill (DEP) Brian L,aGrasse presented and informed the Commission that this Order was issued on 10/17/96 authorizing Phase I and II closure of the Landfill within BLSF and BVW This Order of Conditions had one extension through 11/17/2000 The second request would extend the Order of Conditions through 11/17/2001 A motion was made by Joseph Lynch to issue an Extension to Order of Conditions for 242-829 and this was seconded by Beth Wescott The vote was unanimous 242-880 COC - Lot 3 Turnpike St (Wetlands Preservation) This application for a COC was withdrawn. 242-881 COC—Lot 2 Turnpike St (Wetlands Preservation) This application for a COC was withdrawn Conservation Commission Minutes 9/6/00 Page 3 242-880 Extension to OOC - Lot 3 #1060 Turnpike Street(Wetlands Preservation) This Order was issued on 9/18/97 authorizing the construction of a single family dwelling, septic system and associated appurtenances within the Buffer Zone to a BVW The 25' NDZ and 37' NCZ were mandated for this project Some of the wetland flags are missing and need to be re-established by survey before an extension can be granted The As-Built dated 6/28/00 submitted 8/29/00, depicts a structure on the northwest side of the house that is not on the plan of record There is also an unauthorized shed located within the 50' NCZ per Brian LaGrasse As the Order of Conditions will expire on September 18, 2000,this does not give the applicant the required time of 30 days to request the extension to the Order of Conditions Therefore Albert Manzi made a motion to deny this request and this was seconded by Joseph Lynch The vote was unanimous 242-881 Extension to OOC -Lot 2 #1024 Turnpike Street(Wetlands Preservation) Brian LaGrasse informed the Commission that this Order was issued on 9/18/97 authorizing the construction of a single family dwelling, septic system and associated appurtenances within the Buffer Zone to a BVW The 25'NDZ and 37' NCZ were mandated for this project Some of the wetland flags are missing and need to be re-established by survey before an extension can be granted This is the first extension request There are no violations on site Brian recommended denying the extension per Section VIII(B)(a) of the North Andover Wetlands Protection Regulations A motion was made by Albert Manzi to deny the extension to Order of Conditions for 242-881 and this was seconded by Joseph Lynch The vote was unanimous 242-927 COC - 80 Campbell Rd (Hancock Environmental Consultants) This Order was issued on 9/17/98 authorizing the construction of a barn,riding area and pasture area within the Buffer Zone to a BVW They have submitted stamped As-Builts and a letter from the engineer certifying compliance with the Order of Conditions The 25'/50' were mandated and met except where approved We are in receipt of a letter certifying compliance with and stamped As-Builts Brian LaGrasse visited the site on 9/6/00 and the site is stable There are no violations on site to his knowledge The replication/restoration area is doing well but has not been through two growing seasons. Julie Parrino of Hancock Environmental was present and informed the Commission that the 16 blueberry plants are doing well They were planted in November of 1998 and the 2 growing seasons will be completed in November, 2000 Ms Parrmo asked for a partial bond release of$3,000 Albert Manzi made a motion to release partial bond of$3,000 and this was seconded by John Mabon Conservation Commission Minutes 9/6/2000 Page 4 There are 3 horses on site Ms Parrmo informed the Commission that the truck on the property loads manure off site once a week Robert Mansour stated that the record drawing shows a bin to collect the manure,however, it's not in the Order of Conditions At this point Albert Manzi withdrew his motion for partial Bond release Scott Masse recommended that the COC for 242-927 be continued to our November 1, 2000 meeting so that this project would have completed 2 growing seasons by that time A motion to continue to 11/1/2000 was made by Robert Mansour and this was seconded by John Mabon The vote was unanimous 242-920 Modification to OOC - Executive Quarters(Mesrti Development) Brian LaGrasse told the Commission that this Order was issued on 10/8/98 authorizing the construction of a 24,000 s f office building, stormwater management structures and associated appurtenances within the Buffer Zone of a BVW The Order of Conditions was amended on 3/15/2000 for the reconfiguration of the site pavement and retaining wall This modification is for a change in the location of the transformer pad The transformer is proposed within the 50' NCZ They have not proposed any mitigation or another alternative Beth Wescott brought up what is called a P5 which is(prior planning prevents poor performance) and wanted to know if this had been used for this project? It had been mentioned by the Commission that the transformer could go inside the building yet the plans still show it as being placed outside A motion was made to deny the Modification to the Order of Conditions by Joseph Lynch and this was seconded by John Mabon The vote was unanimous Another point was brought up that if this project were deemed a moderate size change,then that would require.an Amendment to the Order of Conditions which would require that we re-open this project to a Public Hearing If the transformer is put outside the 50' NCZ then it would be considered a minor modification Anew supplemental modification will be submitted to Brian LaGrasse before our next Con Com. Meeting A motion to continue to 9/20/2000 was made by Joseph Lynch and this was seconded by Albert Manzi The vote was unanimous Public Hearings (8:10 p.m.) Request for Determination of Applicability There are no RDA's this evening Notice of Intent(s) 242-1020 492 Sutton St(Mass Aeronautics Com)(Dufresne-Henry,Inc.(cont fr 8/2/00 Mr Doucette was present for this project Scott Masse informed the Commission that he had spoken and discussed with Lana Schofield, Richard Doucette, and Mr Conlin about a 3rd party review under the Bylaw Three proposals were sent out and we received 2 proposals Conservation Commission Minutes 9/6/2000 Page 5 back Seekamp Environmental's proposal was for$5,800 and this was agreed upon Seekamp will start review as soon as the escrow is in place One abutter was present—Mr Dennis Card of Wood Avenue Mr Seekamp will be at the next meeting of 9/20/00 to discuss whatever issues the abutters may have under the Wetlands Protection Act and under the Bylaw. He would also bring any violations to the forefront to the abutters at that time Seekamp is a 3`d party expert and will be acting on the science of the project Scott Masse asked Mr Card to notify the abutters and if a large number would be coming to the meeting, Mr Card would inform us so we could move the meeting to a larger location Lana Schofield asked if pilots could also be heard at the next meeting as they are concerned about the VMP Scott Masse stated that would be fine A motion to continue to 9/20/2000 was made by Albert Manzi and this was seconded by Beth Wescott The vote was unanimous 242-1025 Greene St/Kenwood St(Richmond Rlty )(Wetlands Pres )cont fr 8/2/00 Joseph Lynch recused himself from this hearing The original submittal was inaccurate A new proposal was received on 8/23/00 Wetlands Preservation representative, Curt Young made the presentation This project is for a 4 story building with parking underneath This project originally was an ANRAD proposal before the Conservation Commission This proposal is for a 43 unit condominium facility for people 55 or older Summary of wetland impact and restoration was presented by Curt Young of Wetlands Preservation There is 4 feet of fill through most of the area where the underground parking will be They will be restoring the fill pile area with loam Mr Young stated that there is"0" important wildlife habitat in the area Epsilon Associates is reviewing this project and there is a letter from Mike Howard dated 9/5/2000 which has not been reviewed yet The applicant is requesting a waiver of the 25750' setback Phil Christiansen was also present and stated that drainage will be handled through infiltration Water will flow from parking lot across the street and into the catch basin area Water from the roof will be collected and discharged into the infiltration chambers The infiltration system is under the underground parking lot All traffic would be going through Greene Street No groundwater data has yet been submitted Ms. Eggleston, P E had items she'd like addressed 1) storage of water on roof is an architectural issue 2) What type of material would be used for the proposed ditch? 3) She also had a question about dividing drainage area into several areas She feels that one drainage area is appropriate Conservation Commission Minutes 9/6/2000 Page 6 Commission was informed that the building will be up on stilts with parking under the building However, the parking is on grade There was a 21E done on the property within the last 4 years Two tanks were removed at that time Commission wanted to know what type of rubble could be found where proposed building is to be placed? It was stated that there is a perennial stream running on this project Top of bank equals mean annual high water elevation Bottom of bank equals mean low water elevation They will do a 1 1 restoration Under Inland Bank they can relocate it if necessary. Mike Howard of Epsilon suggested this and they will comply with this. Scott Masse asked if they could move everything outside the riverfront area? Mike Howard had talked to Scott Masse today and Mike thought that this could be done Beth Wescott would like to see a construction sequence. John Mabon would like more detail on the riverfront area Can they point out restoration areas9 These areas were shown behind the building Snow stockpiling will be done 150 feet from the building Dumpsters will be underneath the building Two to three feet of fill material will be removed and would be taken out Subsoil would be brought in, loamed, seeded and then they would revegetate the area Albert Manzi made a motion to continue this to our 9/20/2000 meeting in order for them to do an alternative analysis and for relocation of the stream and this was seconded by Jack Mabon The vote was unanimous Joseph Lynch returned to the meeting at 9:20 p.m. 242-1011 Boston Ski Hill (Mesrti Development)cont fr 8/16/00 Brian LaGrasse informed the Commission that we have received Mr Chessia's final comments and he has no further issues We are in receipt of their mitigation plan regarding the demolition of the existing building and its encroachment into the 25' NDZ They have also added a detailed note specifying what is to be planted for the restoration. Brian had no further issues Mrs Bernice Fmk was present and voiced her concern about the retention pond location because of possible water onto her property She was also concerned about the slopes being quite steep and would there be chemical treatment of these roads during the winter? Mrs Fmk was concerned about the chemicals being washed onto her land across the street A motion was made by Albert Manzi to close the public hearing and issue a decision in 21 days and this was seconded by Joseph Lynch The vote was unanimous 242-1026 Lot 33 Abbott Street(No Andover Land Corp)(N E Eng)cont fr 8/2/00 This filing is for a single family dwelling and all associated appurtenances The dwelling meets the 25'/50' setbacks but the applicant is requesting a waiver from the 25' NDZ for the installation of a 3" sewer force main The force main is proposed in an existing easement that runs parallel to the BVW The sewer is proposed 12' from the BVW and the erosion Conservation Commission Minutes 9/6/2000 Page- 7 controls are proposed 10' from the BVW They have submitted an alternatives analysis and a mitigation plan The alternatives plan discusses options of roadway work, etc The mitigation plan needs to specify the number of plantings, spacing,total square footage and also needs to propose better endemic wetland species Ben Osgood, Jr was present and advised the Commission that he had looked into ways of bringing in sewer and it would cost close to $100,000 which would not be feasible to service this one house down Abbott Street Scott suggested that septic is more viable for this home However, the home cannot be built with a septic system further than 100' away from the wetlands The applicant does not have enough room to do this Albert Manzi asked Ben Osgood,Jr if he had asked other owners if they would cost-share for putting in a sewer line? A septic system would run about$15,000 versus $25,000 per lot for sewer Albert Manzi left for work at 9:50 p.m. Joseph Lynch wanted to know who had rights to these easements Joe didn't feel convinced it was feasible to bring in sewer at this time to service only one home. The applicant needs to get easement information and intention of encroachment into the 25' zone Scott Masse suggested that Ben Osgood, Jr apply to the BOH for a waiver Ben Osgood stated he would like to do a conceptual design first A motion was made by Joseph Lynch to continue 242-1026 to our meeting of 9/20/2000 and this was seconded by John Mabon The vote was unanimous 242-1027 119 Granville Lane (Patt Taylor)(N E Engmeermg)cont fr 8/16/00 This NOI was continued from our last meeting because of questions with the deck permitting Brian LaGrasse talked with Steve Foster and he indicated that the deck and addition were designed after the pool was constructed and were designed to be constructed at the same time Steve Foster gave Brian LaGrasse floor plans of the addition and deck to be constructed between the existing house and existing pool This NOI is for the replacement of a septic system within the Buffer Zone to a BVW The new system will be 70' from the wetlands Brian walked the site and confirmed the wetland line Erosion control is depicted in an appropriate location They meet the 25'/50' setbacks There are 2 piles of yard waste in the NDZ (one pile between wetland flags B2 and B3 and one pile between the pool and wetland flag A3) Brian stated we could condition these to be cleaned up He had no further issues A motion was made by Beth Wescott to close the public hearing and issue a decision in 21 days and this was seconded by Joseph Lynch The vote was unanimous. A decision was prepared for tonight and will be heard at the end of the NOI's Conservation Commission Minutes 9/6/2000 Page 8 242-1028 39 Hawkins Lane(Maureen&Thomas Scott)(Merrimack Engineering) This NOI was continued from our meeting of 8/16/00 so they could delineate the bank of Boston Brook and submit updated plans with a new driveway location The bank has been flagged and they submitted revised plans last week according to Brian LaGrasse This NOI is for the construction of a driveway,grading and appurtenances within the Buffer Zone to a BVW The house and septic system are proposed out of the 100' Buffer Zone Brian walked the site and confirmed the wetland line The erosion control is depicted in an appropriate location They meet the 25'/50' setbacks The driveway and erosion controls are proposed along the 25' NDZ and both must be kept outside the NDZ Brian had no issues with this project The work proposed is just outside the outer riparian zone Steven Stapinski of Merrimack Engineering was present and informed the Commission that the Planning Board did approve the common drive and the BOH approved the septic system Robert Mansour would like to seethe driveway easement matching the 25' NDZ Mr Stapinski stated he would submit a revised plan for our next meeting of 9/20/00 A motion was made by Joseph Lynch to continue this to our meeting of 9/20/00 and this was seconded by Beth Wescott The vote was unanimous 242-1032 127 Bridal Path (George &Kimberlee Chatson)(Tom Neve Associates) Proof of mailings were presented This NOI is for the construction and installation of proposed drainage improvements to the existing property within the Buffer Zone to an Isolated Vegetated Wetland(IVW) The proposal includes connecting all gutter downspouts to subsurface drainage pipes that will discharge to the existing catch basin on Bridal Path, the existing 4" sump line will be abandoned, regrading around the foundation and the filling in of a 520 s f area in the wetland. A groundwater interceptor trench is also proposed behind the house as a contingency plan They are also proposing an Emergency Overflow Pipe next to Wetland flag#112 Most of this work is being proposed within the 25' NDZ The owners want to manage this water problem as it's been coming into their basement They want to eliminate the 4' deep hole in their backyard and fill it back to present position -- right to the wetland They want to do a 4-6"grading of their backyard, reloam and reseed it The Commission wanted to know where the primary source of the hydrology was9 It is primarily ground water Because excavation will be going right up to the wetlands Tom Neve asked if he could put up the silt fence and then prior to excavation put in the hay bales? He also wanted to know if he could put up a row of hay bales between the pipe and silt fencing? Robert Mansour would like to limit amount of open cut time. The Commission stated that we could condition a 3 day window for the 80 feet of trench(which will be 2 feet wide by 6 feet deep) which are closest to the wetland to be completed Tom Neve stated this should only take a day or so Robert Mansour would also like to see a construction sequence plan Conservation Commission Minutes 9/6/2000 Page. 9 Joseph Lynch recommended a site walk first and the Conservation office will coordinate this site walk before the next meeting Thomas Mitro an abutter and owner of Lot 12A wanted to know if this system would channel all the water down straight along the 6"pipe on his property? The answer was no it won't Joseph Lynch stated that if anything it would probably help Mr Mrtro's water problem A motion was made by Joseph Lynch to continue to our meeting of 9/20/2000 in order to view the site and this was seconded by Beth Wescott The vote was unanimous 242-1031 1812 Turnpike Street(Jean P Proulx)(Allen& Major) This project was not heard tonight due to incompleteness 242-1030 96 Sugarcane Lane (Todd& Karen Clark)(Scott Giles) Proof of mailings were presented. Brian LaGrasse presented and informed Commission that this NOI is for the expansion of an existing deck and sidewalk addition within the Buffer Zone to a Bordering Vegetated Wetland(BVW) Brian walked the wetland delineation on 9/6/2000 and it appears that the distances in the field don't correspond with the plan submitted Wetland Flag A7 in the field measures 19' to the stone retaining wall, 34' to the wood rail fence and 53' to the existing stairs, where the plan depicts the stone wall 40',the wood rail fence 50' and the existing stairs 67' from wetland flag A7 Brian stated that this discrepancy needs to be corrected before a recommendation can be prepared Scott Giles was present and he will go out with Brian to verify the flags A motion was made by Robert Mansour to continue 242-1030 to our 9/20/2000 meeting and this was seconded by Beth Wescott The vote was unanimous. 242-1029 440 Marbleridge Road (Michael & Mary Borzi)(Scott Giles) This NOI is for the construction of a deck within the Buffer Zone to a Bordering Vegetated Wetland (BVW) The owner is requesting a waiver of the 50' No Construction Zone for the deck's construction The alternatives analysis concluded that there is no other alternative other than not building the deck 600 s f of the proposed deck is in the 50' No Build Zone They are proposing 800 s f of mitigation as compensation for the waiver This is not 2 1 mitigation Right now the existing lawn goes into the 25' NDZ This area could all be restored Buffer Zone with a variety of plantings as more mitigation. They should have at least proposed a 2 1 mitigation ratio Brian walked the site on 9/6/2000 and made some adjustments to the wetland line that needs to be added to the plan Wetland flags A-1 and A-9 were missing and need to be re- established They also need to add extra flags between A6 and A7 Joseph Lynch stated that this project was not doable If owner really wants to have a deck,her engineer was told that he really needs to be creative to construct a deck outside of the 50'NBZ A motion was Conservation Commission Minutes 9/6/2000 Page. 10 made by Robert Mansour to continue 242-1029 to our meeting of 9/20/2000 and this was seconded by Joseph Lynch The vote was unanimous Decisions: 242-1027 119 Granville Lane (Patt Taylor)(N E Engineering) This NOI was presented and closed earlier tonight with a decision to be made this evening Brian LaGrasse had an Order of Conditions prepared which included posting a$1500 Bond, monthly progress reports and conditioning of removal by hand of yard waste within 7 days A motion was made by Beth Wescott to accept the Order of Conditions as drafted for 242- 1027 and this was seconded by Joseph Lynch The vote was unanimous. A motion to adjourn at 11:35 p.m.was made by Joseph Lynch and this was seconded by Beth Wescott. The vote was unanimous.