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HomeMy WebLinkAbout2000-12-06 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room December 6,2000 Members Present: Scott Masse, Chairman, Albert Manzi, Vice Chairman, Robert Mansour, Deborah Feltovic John Mabon arrived at 9 20 p m Absent were Joseph Lynch, Beth Wescott, James Demotses, Associate and Robert Cerchione, Associate Staff Present: Brian J LaGrasse, Conservation Associate and Germaine L Ouellette, Secretary The meeting was called to order at 7 p in by Scott Masse, Chairman Minutes: No minutes were accepted General Business: 242-966 -Amendment to OOC- Bake-N-Joy(Neve Associates) No abutters were present for this project This was continued from our last meeting because we needed clarification on the required location of the footings Footings are required at all 4 corners of the concrete pad They also added a 4'X7' concrete pad for an exterior door landing on the westerly side that is not on the site plans but it is on the detail plan They are proposing to use a small kabota like backhoe and dump truck to excavate the footings and remove the material They are going to use wheel barrels to bring the concrete in The concrete truck will be left on the concrete pad and not brought any further into the site A motion was made by Albert Manzi and seconded by Deborah Feltovic to grant Amendment to 242-966 making some changes to Condition#27, 31 and also adding condition for mitigation The vote was unanimous 242-896 -Extension to OOC - Lots #1 & 2 Summer St(No Atlantic Realty Corp) Brian advised the Commission that this Order was issued on 2/19/98 authorizing construction of two single family dwellings within the BZ to a BVW The Order is set to expire on 2/19/2001 This is the first extension request Work has taken place on Lot 2 only The house has been completed and the lot is stabilized The wetland flags have been re-established by survey and verified by Conservation Dept. There are no violations on site and the site is in compliance with the Order of Conditions. A motion was made to extend the Order of Conditions for 242-896 to 2/19/2002 and this was seconded by Deborah Feltovic The vote was unanimous 242-896 Bond Reduction- Lots 1 & 2 Summer St(No Atlantic Realty Corp) Scott Masse, Chairman recommended that applicant request a PCOC before a bond reduction is requested The Commission agreed and therefore no action was taken for Bond reduction for 242-896 at this time 242-1009 COC - 22 Raleigh Tavern Lane (Joseph Harb)(Merrimack Engineering) This Order was issued on 5/3/00 authorizing the replacement of a failed septic system and associated work within the BZ to a BVW Stamped as-builts and a letter from the engineer certifying compliance with the,Order of Conditions were submitted Brian LaGrasse visited the site on 12/5/00 and had no issues The site is stable There are no violations on site The Bond is $1,500 A motion was made by Deborah Feltovic and seconded by Albert Manzi to grant a COC for 242-1009 and release the $1,500 Bond The vote was unanimous 242-792 Bond Reduction- Woodlea Village (Ashwood Companies) This request was withdrawn at the applicant's request 242-981 COC—805 Forest Street(Andover Consultants, Inc.) Brian LaGrasse informed the Commission that a concrete pad and propane tank had been added without approval Scott Masse made a recommendation to deny the request for a COC at this time due to these issues A motion was made to deny the COC for 242-981 by Albert Manzi and this was seconded by Deborah Feltovic The vote was unanimous. 242-934—COC—660 Gr Pond Rd (Christiansen& Sergi, Inc.) This Order was issued on 10/22/98 authorizing installation of a sewer force main within the BZ to a vernal pool and BVW Waivers were granted for the erosion control placement but the sewer main was installed using directional drilling technology Brian LaGrasse advised the Commission that almost no excavation was required within the 100' BZ. Mr LaGrasse was on site during drilling and had no issues He also visited the site on 12/4/00 and had no issues. The site is stable There are no violations on site The Bond is $1,500 A motion to grant a COC for 242-934 and release the$1,500 Bond was made by Albert Manzi and this was seconded by Deborah Fetovic. The vote was unanimous. 242-937 -COC - Boxford St & Duncan Drive(Scott Giles) This Order was issued on 11/25/98 authorizing the construction of a single family dwelling within the BZ to a BVW The 25'/50' were mandated and met for this project The shrubs mandated in the OOC have been planted but are not shown on the Plan of Record. Scott Giles asked that this be continued until 12/20/2000 so that the Plan of Record would be in compliance. A motion was made by Albert Manzi and seconded by Deborah Feltovic to continue 242-937 until 12/20/00 The vote was unanimous 242-640 COC—295 Candlestick Road (John Kosheff)(Scott Giles) Brian LaGrasse informed the Commission that this Order was issued on 1/26/93 authorizing the construction of a single family dwelling, associated grading and appurtenances within the BZ to a BVW They have submitted stamped As-Builts and a letter from the surveyor certifying compliance with the Order of Conditions The 25'/50' were mandated and met The site is stable. There are no violations on site. Mr. LaGrasse's only issue is that there is no existing topo adjacent to the driveway and the limit of work This needs to be added to the As-Builts so he can compare the existing and proposed A motion was made by Deborah Feltovic and seconded by Albert Manzi to continue 242- 640 to 12/20/00 The vote was unanimous Ratification of Enforcement Order- 128 Russett Lane (DPW) This Enforcement Order was issued for repair of a water line located at 128 Russett Lane. The property owner is to install erosion control along shoulder of road and repair broken water line Albert Manzi made a motion to Ratify Enforcement Order for 128 Russett Lane and this was seconded by Deborah Feltovic The vote was unanimous Ratification of Enforcement Order- Chestnut& Rea Street culvert This Enforcement Order was issued for placement of granite and rip rap around culvert to support the road and to stop erosion of the sideslope immediately A motion was made by Deborah Feltovic to Ratify Enforcement Order for Chestnut& Rea Street culvert and this was seconded by Albert Manzi The vote was unanimous Ratification of Enforcement Order- Foster Farm Brian LaGrasse issued this Enforcement Order because of soil borings within 100' of BVW on Foster Farm for ledge No borings were closer than 60' and erosion controls and mulching will be utilized A motion to Ratify the Enforcement Order for Foster Farm was made by Albert Manzi and this was seconded by Deborah Feltovic The vote was unanimous 242-845 Modification to OOC—Brookview Estates (Marchionda&Assocs) This modification request is for the reduction from 5 growing seasons to 3 growing seasons. Scott Masse stated that this was a minor modification to condition#16 in the OOC's A motion was made by Albert Manzi to grant the Modification to OOC for 242-845 and this was seconded by Deborah Feltovic The vote was unanimous 242-845 COC—Brookview Estates (Marchionda&Assocs) There were no outstanding issues for this project and Brian LaGrasse inspected the site on 12/04/00 The original Bond was $28,000 $1,800 was released on 11/5/97 and $20,100 was released on 9/15/99 $6,100 is remaining A motion was made by Albert Manzi to grant a COC for 242-845 and release the remaining $6,100 Bond remaining and this was seconded by Deborah Feltovic The vote was unanimous Merrimack River Conservation Network Meeting—December 19, 2000 Brian LaGrasse invited anyone from the Commission to attend this meeting if they were interested Extension of Brian LaGrasse's Contract Albert Manzi made a motion to extend Brian LaGrasse's contract until something else is in place. This was seconded by Deborah Feltovic and the vote was unanimous Maritimes Pipline Scott Masse, Chairman asked Brian LaGrasse to contact Richelle Dennee at the Boxford Conservation Commission so that the NACC could get more involved with this. Albert Manzi stated he was on the network for the Pipeline FERK is looking into an alternative route for the pipeline which would take it off-shore We will get more information Proposed Changes to Town of North Andover Wetland Protection Regulations Robert Mansour stated that he would like to see standardized Plans submitted to the Conservation Commission This would be listed under Section 6B4K and Section 6B5I He would like to see any subdivision plans to be 1.40 and any individual parcels in any subdivision to be 1.20 Scott Masse stated that we need to have a Public Hearing on this first A motion was made by Scott Masse and seconded by Deborah Feltovic to place this item under Public Hearings for our 12/20/00 meeting The vote was unanimous We need only advertise in the North Andover Citizen for tlus,no abutters need be notified Appropriation of Funds from Wetland Filing Fee Account Since the Conservation Commission secretary would be leaving within the next 2 weeks a motion was made by Deborah Feltovic and seconded by Albert Manzi to appropriate $500 00 from the Wetlands Filing Fee Account in the event that a new secretary would not be hired by the next meeting to be held on 12/20/00 so that a temporary secretary could be hired to take and transcribe the notes from this meeting The vote was unanimous Epsilon Associates - Mike Howard Mike Howard,consultant for Epsilon Associates, informed the Conservation Commission that the $5,000 already appropriated for their services for reviews had already been met A request to allocate another$2,000 in Escrow was asked by Mr Howard. A motion was made by Albert Manzi and seconded by Deborah Feltovic to appropriate another$2,000 and the vote was unanimous Public Hearings (8:00 p.m.) Request for Determination of Applicability Lot 32 Bridle Path(Brookview Country Homes) This RDA is for confirmation of the wetland line only Brian LaGrasse walked the delineation on 12/5/00 and agreed with the line The only thing he found was there are two flags approximately 10' apart. Brian LaGrasse labeled the one that corresponds with the line on the plan and field delineation. The BZ lines adjacent to Flag 101 should reflect wetland line but that can be taken care of under the NOI filing and Brian can write that into the Determination There are no FEMA,riverfront or vernal pool issues A motion was made by Albert Manzi to accept plans dated 11/01/00 and this was seconded by Deborah Feltovic The vote was unanimous Lot 1 Salem Street(Brookview Country Homes) This RDA is for confirmation of the wetland line only Brian LaGrasse walked the delineation on 12/5/00 and agreed with the line There are no FEMA, riverfront or vernal pool issues He had no issues with this delineation Abutter, Ruth Pearson of 58 Salem Street asked if the wetland line delineated meant that there were more or less wetlands on site now? Albert Manzi stated that we're not changing any wetland lines. The line is the line It's based upon a science Ms Pearson was concerned about more runoff of water onto her property Brian LaGrasse explained to Ms Pearson that the property in question is not Lot 1 — Heritage Estates but Lot 1 on Salem Street, which is an entirely different property than what Ms Pearson was thinking about Ms Pearson was happy to hear this as it would not be affecting her property at 58 Salem St A motion was made by Deborah Feltovic and seconded by Albert Manzi to accept Plans dated 11/1/00 entitled"Wetland Resource Boundary Plan" The vote was unanimous Abbreviated Notice of Resource Area Delineation 242-1048-- 429 Waverly Road(Wetlands Preservation, Inc ) Brian LaGrasse walked the wetland line on 12/5/00 and noted that 3 flags were missing, C11,J9 and B 19 He also noted that there were 2 wetland flags for C6 Both of these flags delineate the wetland boundary The plan only shows one of them One of them needs to be labeled C6-A and added to the plan Brian also wanted some clarification of Bank delineation When was it done? He would like more information on how the Bank was determined The applicant needs to replace the missing flags in the field, add Flag C6A to the plan and submit the information on the Bank delineation before the Commission can accept the ANRAD The applicant requested a continuance to our meeting of 12/20/00 A motion was made by Albert Manzi and seconded by Deborah Feltovic to continue 242- 1048 to 12/20/00. The vote was unanimous Notice of Intent(s) 242-1020 492 Sutton Street (Mass Aeronautics Com)(Dufresne-Henry, Inc)cont fr 11/01/00 Patrick Seekamp of Seekamp Environmental completed report on 12/5/00 This report is in draft form Patrick Seekamp walked the site with Randy Christiansen in September and October reviewing boundaries on the site Dufresne-Henry stated resource boundaries for the most part are OK but a few areas were not delineated properly. Some small areas to be redelmeated specifically are Runway 5 and 14 and also some areas off Wood Avenue and residential area off Poor St and another area that Dufresne-Henry has not had a chance to get to yet Patrick Seekamp recommended that the Conservation Commission not sign off on the delineation yet Mr Seekamp stated that there is a potential during cutting of trees for more runoff of water There will not be a lot of area that will be bare, however, there will be some change in wetlands after thre trees are cut This is an even-aged forest right now which means all the trees there were planted at the same time approximately 20 years ago and so all trees are approximately the same height Mr Seekamp stated that when the overstory is released then there will be an increase in the European buckthorn and honeysuckle This is called scrub shrub Dennis Card an abutter on Wood Avenue was present. Mr. Card asked if they could go in and Just pick certain trees to be topped? Mr Seekamp stated that the red maple is the dominant tree in the area and if they're topped they may not survive Mr Seekamp didn't think this was a viable solution to do this tree topping of red maples Mr Seekamp suggested vegetative screening of plantings for the neighbors be done once the trees are cut (Northern white cedars could be planted) A total of 93 5 ac4es are scheduled for complete overstory removal. Mr Seekamp stated that there would be a change in wildlife habitat,mostly birds Mr Seekamp also said that there could be an area for bird habitat and butterfly habitat that could utilize the old field habitat on site Brush piles would be planned in the forested areas to be cut There is some potential for erosion Hand clearing would take place on the steep slopes VMP relies heavily on an environmental monitor and Brian LaGrasse needs to be checking on this project frequently Mr Seekamp asked if we had a good clear response from Natural Herrtage9 He suggested getting some kind of written response from them At this point there were no questions on any of the above from the Conservation Commission Richard Doucette was also present Mr Doucette stated that the earliest start up date would probably be Summer of 2001 He informed the Commission that Taxiway D and Taxiway A would be redone in the near future and wanted the Commission to be aware of this as there would be a reconstruction of 2 paved areas at that time Randy Christiansen stated that he has a file#with Natural Heritage and that the Blandings turtle is listed on this site No heavy machinery will go to the edge of the pond. There will only be hand- cuffing done Mr Card asked if phase cutting of trees could be done so that the surrounding neighborhood could adjust to the change in scenery They would phase over 2 years the cutting of trees in the neighborhood area Mr Seekamp asked if there had ever been rotational cutting of trees at the airport before Mr Doucette stated that the airport needs one big cut now as it has really never been done before Mr Card asked would phasing the cut of trees reduce the amount of runoff of water? Patrick Seekamp stated there will always be a net increase in ground water after trees are topped The ground in general gets wetter Scrub shrubs could help with water runoff Richard Doucette didn't think there would be an increase in runoff water in the neighborhood area because there's a stream and a wetland in between the cut area and the neighborhood area Joy Mill, Sutton St,No Andover was present and referred to a job Dufresne-Henry had done in Clinton, MA She stated that there had been an issue with the American Disabilities Act Patrick Seekamp assured everyone that he would be working closely with Dufresne-Henry on any and all concerns Mike Howard made mention that he is working on a project adjacent to the airport at 1070 Osgood St and the Natural Heritage didn't have a problem with any wildlife species in the area At this point the applicant made a request to continue this hearing until 12/20/00 A motion was made by Albert Manzi and seconded by Deborah Feltovic to continue 242-1020 until 12/20/00 The vote was 3 for continuance and one abstained (John Mabon who had arrived at the meeting at 9 20 p m.). Albert Manzi left for work at 9:40 p.m. 242-1050 84 Sugarcane Lane (Chris & Lisa Hanson)(Scott Giles) This NOI is for an inground pool and concrete patio The pool and patio proposed meet the 25'/50' from wetland flag 13 Brian LaGrasse verified the wetland line on 12/4/00 and did not have any issues with It Brian asked where the soil stockpiling would be? Scott Giles stated that the Order of Conditions could condition removal from site of soil. Brian also asked about the storage of chemicals? Scott Giles stated that there are no chemicals to be stored on site They are using a filter cartridge system that has all the chemicals in the cartridge already. It was also decided to condition concrete wash in the Order of Conditions A motion was made by Robert Mansour to continue 242-1050 to our meeting of 12/20/00 and this was seconded by Deborah Feltovic The vote was unanimous. 242-1032 127 Bridle Path(George Chatson)(Thomas Neve Assocs)cont fr 11/01/00 No abutters were present for this project Brian LaGrasse informed the Commission that the applicant has submitted a new plan with only grading in the backyard They have abandoned the drainage structures Greg from Neve Associates was present and stated that the erosion control would be '/Z to l foot of grading to get the water flowing away from the house Brian LaGrasse would like to see some plantings to be placed along the wetland boundary to prevent any future mowing or encroachment A motion was made by Robert Mansour to close the public hearing and issue a decision in 21 days for 242-1032 and this was seconded by Deborah Feltovic The vote was unanimous 242-1036 1070 Osgood Street(Chas Senabunyarithi)(Thomas Neve)cont fr 11/01/00 This project proposes the construction of a 3,400 s f restaurant, driveway, associated parking, utilities, and stormwater management structures The project also includes 300 s f of wetland alteration, 1,800 s f of wetland replication and a waiver request from the 25' NDZ The waiver for the 25' NDZ is for grading,parking, driveway, and stormwater infiltration chambers The site was previously approved for construction of a 3,800 s f restaurant and was issued DEP#242-679,but has since expired and no construction took place The site was cleared and graded and a 5,000 s f replication area was planted but the building was never built Grading and erosion controls are proposed on the airport's property and we have received a letter of permission from the airport granting the applicant approval to do work on their property Mike Howard was present and advised the Commission that the Buffer Zone is in such a degraded state that it does not appear to be substantially providing those values presumed significant under the Act and the Bylaw Depending on the Commission's findings this may or may not be a waiver request At this point a motion was made by John Mabon to continue 242-1036 until January 3, 2001 and this was seconded by Deborah Feltovic The vote was unanimous A motion to adjourn at 10:10 p.m.was made by Robert Mansour and this was seconded by Deborah Feltovic. The vote was unanimous.