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HomeMy WebLinkAbout2003-07-30 Conservation Commission Minutes I kPPROVED Conservation Commission Meeting Minutes July 30, 2003 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr., John J. Mabon, and Deborah Feltovic Members Absent: Sean F McDonough, Beth Wescott Staff Members Present: Julie Parrmo, Conservation Admmmstrator, Alison McKay, Conservation Associate, and Donna Wedge, Conservation Secretary Meeting Came to Order at 7:05pm Quorum Present. General Business 242-1057,Amendment Brooks School (RFS) (Cont from 7/9/03) John Scott a Civil Engineer, Thomas Reagan of Reagan Associates and Robert Peterson of Canon Design were present Ms Parrino stated the applicant has requested the amendment in writing They have submitted revised calculations, plans, letters, and soil information presented displaying poor infiltration The applicant is proposing to keep the infiltrators, however, they may not be useful Grades have been revised to address breakout, and forebays have been installed in the detention basin Lisa Eggleston's letter dated July 18, 2003, states most issues have been addressed. RFS prepared a follow-up letter to address minor outstanding issues. John Scott stated the soil maps indicated B soils, however, Norse Environmental soil testing activities revealed the soils were more like a Woodbridge, type D soil, with no infiltration The infiltrators were designed for type C soils, any may provide little infiltration on the site The applicant requested possibly removing the infiltrators altogether Mr Lynch stated the regulations require infiltration to the greatest extent possible and he wants the infiltrators to stay on the plans and be included in the building of the New Athletic Center A motion to issue the amendment was made by Mr Manzi, seconded by Ms Feltovic. Unanimous 242-509 & 242-991, COC 140 Willow Street (Dutton & Garfield) (MHF) Mark Gross of MHF Design, representing Dutton & Garfield was present Mr Gross explained the long history of this project and presented a summary chart on the plan comparing the proposed and existing mitigation areas The as-built was submitted by Neve Associates in the past, but was not formerly signed off by the Conservation Commission Under DEP 242-509, site work was completed including the filling and restoration activities, however, the building was never constructed under this filing Mr Lynch questioned if action was ever taken on the 509 filing. In October of 1999, the applicant had submitted a new filing 242-991 for the construction of the building Under this filing, enhancement of the mitigation areas and existing wetland resource areas was required by implementation of a planting plan Mark West of West Environmental conducted the mitigation design and monitoring Ms Parrmno stated the latest revised as-built plans have been submitted and display locations of the snow and salt signs, relocation of marker boundaries and split rail fence, final elevations of the bottom of the infiltration basins, replication and mitigation areas and boundaries of BLSF She feels adequate mitigation has been provided A motion to issue a COC for 242-509, stating work was not completed and filing was superceded by 242-991, was made by Mr. Mabon, seconded by Ms Feltovic Unanimous A motion to issue the COC and bond release for 242-991 was made by Mr. Lynch, seconded by Ms. Feltovic Unanimous. 242-933,PCOC's & Modification,Lyons Way,Lots 2,3,4, 6, 7 and Roadway(Mesiti) Ken Ahern of Mesiti Development Corporation was present Scott Masse questioned the modification requests and Ken Ahern stated that the modifications are for all the constructed decks, not previously approved. All decks are outside the 50' No-Build Zone Ken Ahern requested to withdraw the modification and PCOC for Lot 2 only, as disturbances to the 25' No- Disturbance Zone were identified by the Conservation Administrator A motion to accept the withdrawal for Lot 2 was made by Mr Manzi, seconded by Ms Feltovic. Unanimous. Ms. Parrino stated there has been encroachment up to 25 foot No-Disturbance area by the homeowner Mr Manzi stated we have to enforce the construction of a stonewall A motion by Mr Manzi was made to ratify the enforcement order to require a stonewall to be built along the 25' No-Disturbance Zone, seconded by Ms Feltovic Unanimous Lot 3 Lyons Way- Ms Parrino stated this deck is non jurisdictional and was constructed outside the buffer zone A motion to grant the modification was made by Mr. Lynch, seconded by Mr Manzi Unanimous. A motion to issue a PCOC for Lot 3, without drainage certification, was made by Mr Lynch, seconded by Mr. Manzi Unanimous Lot 4 Lyons Way. Ms. Parrino stated there was a change where the house was placed but the deck is 90 feet away. A motion to grant the modification was made by Mr Lynch, seconded by Ms. Feltovic Unanimous A motion to issue a PCOC, without drainage certification, was made by Mr Lynch, seconded by Mr Manzi. Unanimous. Lot 6 Lyons Way Ms Parrino stated this lot is outside of the buffer zone Ken Ahern requested the withdrawal of the modification, as the lot is non junsdictional A motion to accept withdrawal of the modification was made by Mr Lynch, seconded by Ms. Feltovic Unanimous A motion to issue a PCOC, without drainage certification, was made by Mr Lynch, seconded by Ms. Feltovic. Unanimous Lot 7 Lyons Way Ms Parrino stated this lot is outside the buffer zone and the site is stable. Ken Ahern requested the withdrawal of the modification A motion to accept the withdrawal of the modification was made by Mr Mabon, seconded by Mr. Lynch Unanimous A motion to issue the PCOC, without drainage certification, was made by Mr. Mabon, seconded by Mr Lynch Unanimous The applicant has requested a PCOC for the roadway and drainage design as they are looking to have the road accepted at the Fall Town Meeting Ms Parrino stated Town Engineer Jack Sullivan was on site inspecting the catch basins, which were cleaned, and additional np-rap was installed at the inlet structure of the detention pond Mr. Sullivan sent a letter from DPW stating the road and drainage structures appear to have been built in conformance with the approved plans The Commission members questioned the drainage changes conducted on Lot 5, Lyons Way by the homeowner They felt certification for the subdivision system could not be granted until the revised drainage design on Lot 5 was addressed Ms Parrino stated the homeowners of Lot 5 were responsible for the maintenance and certification of the drainage design, which was separate from the subdivision drainage compliance A motion to continue the PCOC request for the roadway to August 13, 2003 meeting was made by Mr Lynch, seconded by Ms. Feltovic Unanimous 242-1079,Modification, 1939 Great Pond Road (Ragonese) Frank Ragonese and Dennis Unger of Riverside Engineering were present for the hearing Ms Parrino stated the applicant is seeking a modification to construct retaining walls. Environmental Monitoring was required, however no recent reports have been submitted to the file. Mr. Mabon was reviewing the wall height. Ms. Parrino stated the wall would require a building permit if over 4 feet in height A motion to issue the modification was made by Mr Mabon, seconded by Mr. Lynch Unanimous 242-1200, COC, 5 Appleton Street (Testa) Ben Osgood of New England Engineering was present Ms McKay stated the Order of Conditions was issued on 5/29/03 for the installation of an above ground pool within the buffer zone of a wetland resource area and pond All the conditions have been met and the site is stable. A motion to issue a COC and bond release was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1092, COC, 225 Old Cart Way (Searles) Ben Osgood of New England Engineering was present Ms McKay questioned a disturbed area observed in the field, to the side of the house Mr Osgood stated it was an area that was previously gardened and was unsuccessful Ms McKay recommended the applicant seed the area to promote stabilization A motion to issue a COC and bond release was made by Mr. Manzi, seconded by Mr Lynch Unanimous 242-1129, COC,350 Forest Street(Logan) Ben Osgood from New England Engineering was present The OOC was issued for grading associated with construction of a septic system The site has been inspected and is fully stabilized A deck was constructed but is outside the buffer zone. Motion to issue the COC was made by Jack Mabon, seconded by Joseph Lynch Unanimous Enforcement Order Ratification Lot 1 Lyons Way Ms Parrino stated a deck was constructed in the 50-foot No-Build area and a wall encroachment area in the 25-foot No-Disturbance Area existed An Enforcement Order was issued requiring submittal of as-built plans. A motion to ratify the enforcement order was made by Mr. Manzi, seconded by Mr Mabon Unanimous 119 Duncan Drive. Ms Parrmo stated there are sono tubes and footings in the 50-foot No Build Area A motion to ratify the enforcement order was made by Mr. Mabon, seconded by Mr Lynch Unanimous 1212 Salem Street (242-969)• A motion to ratify the enforcement order was made by Mr Mabon, seconded by Mr Lynch. Unanimous No Recess Public Hearings 8:20pm The Commission decided to take the agenda out of order and discuss the Wetland Bylaw after the Public hearings completed. Abbreviated Notice of Resource Area Delineation 242-1199,Lots 1 & 2 Great Pond Road (Great Pond Road Realty Trust) (NE Engineermg)(Reauest to Cont. to 8/27/03) Ben Osgood of New England Engineering was present Ms Parrino stated at the last meeting the Commission requested an outside consultant to review the wetland line Epsilon was hired on behalf of the applicant to look at the site During our site walk we carefully reviewed the conservative delineation and soils and agreed that the line could be substantially changed to reduce the amount of wetland on the site. The commission retained Seekamp Environmental to preliminarily review the delineation to determine if the wetland line could be changed substantially Pat Seekamp and Julie Parrino walked the site and the adjacent properties to identify the water flow patterns, it appears water is flowing from upgradient properties however a defined channel is not apparent through out the entire length of the slope, vegetation is facultative and soils are not hydric, site is extremely disturbed and topsoil has been stripped. Epsilon has redelineated the wetland boundary and will re-survey the property. A motion to continue to August 27, 2003 meeting was made by Mr Manzi, seconded by Ms Feltovic. Unanimous Requests for Determination of Applicability (RDA) 101 Crossbow Lane (Brakeley) (New England Engineering)(Cont from 7/9/03) Ben Osgood of New England Engineering was present Ms Parrino stated the wetland line has been reviewed and changes are being requested. The wetland line appears to extend significantly upgradient of the flagged line in the field New plans have been submitted to reflect BOH changes. The conditions will be the removal of debris and plantings in the cleared resource area prior to septic installation in addition to installation of Wetland Markers. The applicant has requested to continue to the August 27, 2003 meeting. A motion to continue to August 27, 2003 meeting was made by Mr. Manzi, seconded by Ms Feltovic Unanimous Notice of Intent (s) (Continued) 242-1209- 139 Olympic Lane (Ferraguto) (New England Engineering)(Cont from 7/9/03) Ben Osgood of New England Engineering was present Ms Parrino stated the wetland line has been reviewed and approved. The 25- foot No-Disturbance Zone has not been maintained, lawn extends to the wetland edge, and shed exists within the 50-foot No Build Zone. The house was constructed prior to implementation of the bylaw A motion close the hearing and issue a decision in 21 days was made by Mr Manzi, seconded by Mr. Lynch 3 to 1 vote, Ms Feltovic recused from voting 242-1207-31 Wood Ave. (McNaught)(Ram Engineering) (Cont. from 7/9/03) Steve Okun of Dube Construction was present. Ms Parrino stated the fence and the drainage predates our regulations. The delineation is primarily along the existing fence line Ms. Parrino confirmed with Seekamp that the actual wetland flags were hung on the fence At the last hearing the Commission requested an alternative analysis to be presented for the addition in the No-Build Zone A one-page analysis has been submitted; it does not provide any alternatives or proposals to provide any mitigation to the altered no-disturbance zones and wetland areas The analysis is not strong. Mr Manzi stated the Commission gave them an objective view and the opportunity to do an alternative analysis and the addition proposed in the No-Build Zone will most likely be denied, however, the Commission will continue to the next meeting to allow the applicant to submit a stronger alternative analysis The representative stated he would like to discuss with his clients if they want to proceed with the project if one of the additions is denied A motion to continue to the August 13, 2003 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1206-230 Abbott Street(Murphy) Malcolm Murphy the homeowner was present Ms McKay stated the brush and leaf debris pile has to be removed adjacent to Flag# 10A. The revised plans have been submitted showing the exact location of the walkout limits, the existing fence and the proposed stockpiling area This Order should make reference to the previous Order issued under 242-1114 A motion to close the hearing and issue a decision in 21 days, with a bond set for $1,500 was made by Mr Manzi, seconded by Ms Feltovic Unanimous. 242-1208- Foster Farm Elementary School (North Andover Building Committee)(DiNisco Design) Fred King of Schofield Brothers and Kenneth DiNisco of DiNisco Design were present. Ms Parrino discussed comments from Lisa Eggleston's review letter of July 18, 2003 that was submitted, there does not appear to be any significant drainage issues that cannot be addressed The applicants are working on the revisions Mr Masse stated his concerns about the review and permitting of a project which will have to re-filed in the future He questioned why the town is spending the money on the approval which is only good for 5 years Fred Schofield stated the North Andover School Comrruttee is filing now because of the State funding for building the school, which would be a 22 mullion dollar project In order to secure funding, an approval or preliminary approval is necessary from the Conservation Conunrssion Mr DiNisco discussed that many percolation tests had been conducted and the perc rates were excellent Mr. Manzi questioned if the school will be on town water and sewer. The applicants responded yes and stated per requirement of the fire department an additional water line will run off Foster Street and through the property along the cart path route An example preliminary review letter was submitted by the Building Committee Mr Masse reviewed the example letter and made some minor changes The Commission members agreed to issue the letter upon completion of the discussed revisions A motion to continue to the August 13, 2003 meeting was made by Mr Manzi, seconded by Ms Feltovic. Unanimous Decisions Farnsworth Reservation No one was present. This project is denied but there is no loss of the use of the property Mr Manzi stated the construction of a boardwalk over sensitive wetland area is not possible without some disturbance to the wetland area A motion to deny was made by Mr Manzi, seconded by Ms Feltovic 3 to 2 Vote. 139 Olympic Lane (Ferraguto)(New England Engineering) The bond amount was set at$ 1,500 A motion to issue a decision was made by Mr Lynch, seconded by Ms. Feltovic Unanimous. 230 Abbott Street(Murphy) The bond amount was set at$ 1,500. A motion to issue a decision was made by Ms. Feltovic, seconded by Mr. Lynch Albert Manzi left the meeting at 9:30pm North Andover Wetland Protection Bylaw Regulation Revisions Discussion Ben Osgood of New England Engineering was present Mr. Osgood asked questions and also had some comments. Ms. Parrino stated there are minor changes to the format and changes to the fee schedule At this time the proposal is to mimic the state fee for the local fee Discussion arose about charging a fee for the Certificate of Compliance. Several members against charging a fee for the COC It was agreed that the filing fees would be raised by an additional$50 to incorporate a COC inspection fee The ANRAD will be required for review of wetland delineations,RDA's can not be used for wetland confirmation solely The Associate Member language incorporated into the By-Law regulations A clearer definition of ephemeral pool habitat was discussed at length due to the confusion of the wording, revisions will continue to be made on clarifying the language. Replication must be done in accordance with the State guidelines Mr. Lynch wanted to strike out the word "footings"for the 50-foot No Build Zone language Ms Parrmo stated the new riverfront regulations will be incorporated into the revised regulations Mr Masse wants the bond table removed from page 52 Under the COC section, the word "shall"should be removed and replaced with "may"on page 51 Discussions were continued to the August 27, 2003 meeting. Meeting Adjourned at 10:30pm