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HomeMy WebLinkAbout2003-10-22 Conservation Commission Minutes Q F IOVE, Conservation Commission Meeting Minutes October 22, 2003 Members Present: Scott Masse, Chairman, and Joseph W Lynch, Jr , Deborah Feltovic, Sean F McDonough, John J Mabon Members Absent: Albert Manzi, Jr, Vice Chairman, Beth Wescott Stall'Members Present: Julie Parnno, Conservation Administrator, Alison McKay, Conservation Associate, and Donna Wedge Conservation Secretary Meeting came to order at: 7:10pm Quorum Present. General Business 242-1037,Extension,Endicott Plaza, 1210 Osgood Street (Forgetta Development) Michael Howard of Epsilon Associates, Inc and Leah Basbane of Basbane Associates were present Mr Howard is representing Mr William Barrett Ms Pamno stated an Enforcement Order was previously issued to the developer for lack of best management practices on site The site contractor had caused erosion problems into the wetland resource areas and erosion controls were not adequately protecting the resource areas This is a large site, which is all exposed to the elements Monitoring of this site is necessary Ms Basbanes stated there is a new project manger, Richard Pelletier, who has kept the site under control Ms Basbanes stated the temporary detention basins are in good shape and have not yet filled in Mr Howard stated the plantings in the restoration area are very dense and the areas appears to be thriving A vegetated buffer of grasses exists upgradient of the erosion control line, thus offering an additional vegetative buffer to the resource areas Ms Parrino stated she was originally concerned about the lack of BMP practices being used on site to control erosion She questioned whether the site was in compliance with the National Pollution Discharge Elimination System permit Required monitoring was discussed The applicant's representative requested if monitoring could cease over the winter months Ms Parrino stated monitoring could potentially be reduced to monthly monitoring during the winter if no work proceeds on the site and no threat of erosion exists Mr Lynch recommended a one-year extension with implementation of BMP's, as the site is currently not stabilized A motion to issue a one-year extension was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1096,COC, 1041 Forest Street,(Pease) (CEC Land Surveyors, Inc.) No one was present Ms McKay stated the Order of Conditions was issued on 9/5/01 for the construction of an addition and a porch to a single family home within the buffer zone to a BVW An administrative denial was issued by her on a previous COC request due to inaccurate plans The reasons for the demal were clearly outlined in written form Ms McKay and the applicant have been in contact with the engineers A meeting was held with the engineers to resolve the issues with the plan The revised plans have been submitted The plan now depicts as- built conditions and is approvable The site is stable and there are no outstanding issues A motion to issue a COC and bond release was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1049, COC, 659 Forest Street(Reed) No one was present Ms McKay stated the board of Health has already issued compliance for the constructed septic system The decks were previously approved under an after the fact RDA filing at the last hearing The wetland markers were not required under the Order, but have been placed as required under the Enforcement Order The work has been completed and the site is stable A motion to issue the COC and bond release was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-982-Entension,Equestrian Drive, 47-51 Equestrian Drive(Welsch) The applicant Wilfred Welsch and the Contractor were present Ms Parrmo stated the Commission denied the request at the last hearing due to the length of instability of the site over the last several years The Commission wanted the applicant to conduct some stabilization activities over the next two weeks Ms Parrino met with the applicant on the site to discuss the remaining work and a time frame It was not possible for the applicant to conduct full stabilization activities due to the time of year, however, a letter and a draft plan was submitted detailing what work will be conducted by November 15, 2003 The applicant is proposing to regrade the front yard and complete the driveway The driveway is adjacent to the wetlands, therefore most regrading will be on the opposite side of the driveway The grading and paving activities are underway in accordance with the submitted letter Erosion controls have been replaced in the areas requested by Ms Parrino The applicant submitted photos into the record Required stabilization activities are being required under an Enforcement Order requiring activities to be completed by November 15, 2003 The applicant submitted his request for an extension 30 days prior to expiration A motion to issue a one-year,extension permit was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-457,335 Willow Street(Contact East) Greg Hochmuth of Neve Associates, Inc was present Ms Parrino stated the Order of Conditions was issued May 19, 1988 for construction of a building The activities resulted in alteration to BVW and replication was required Neve Associates submitted a final monitoring report in September of 2003 certifying the replication area meets the 75% coverage requirement To date, the replication area appears to be in compliance with the approved plans and replication guidelines The site is stable A motion to issue the COC and bond release was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-879,53 Old Cart Way(Sullivan) No one was present Ms Parrino stated the Order of Conditions was issued on October 1, 1997 for construction of a single family home within the buffer zone to BVW and a certified vernal pool The site is completed and stabilized Previous as-built plans were submitted and violations were identified on site The violations have been addressed and a planting plan has been implemented and plantings have successfully survived A motion to issue a COC and bond release was made by Ms Feltovic, seconded by Mr Mabon Unanimous t Enforcement Order Ratification 242-969, 1212 Salem Street Ms Pamno stated the EO is being issued to require and allow the remainder of the work on an expired Order to be completed A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Mabon Unanimous 285 Summer Street(McTigue) Ms Pamno stated the violation consisted of clearing and grading activities conducted within the 25-foot No-Disturbance Zone Activities were conducted by a landscaping company Wetlands Preservation Inc was retained by the applicant and has prepared a restoration and stabilization plan Mr Lynch stated this is not the best time to plant, as it is late in the season A motion to ratify the Enforcement Order was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1109,Lot 13C Duncan Drive(Barbagallo) Greg Hochmuth of Neve Associates has been working with the applicant Joseph Barbagallo Ms Parrino stated Mr Barbagallo installed the utilities along the driveway without installing erosion controls Rip-rap was placed along the driveway sideslopes and rocks had fallen into the resource area In addition, the boulder wall had not been constructed and erosion controls need replacement Restoration activities required under an issued letter had not yet been addressed A motion to ratify the Enforcement Order mandating restoration activities was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-982, Equestrian Drive(Welsch) Enforcement Order requires completion of stabilization activities as outlined in Mr Welsch's October 10, 2003 letter, to be completed by November 15, 2003 A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1029,440 Marble ridge Road (Borzi) Ms Parrino stated the violation was discovered during a sewer connection permit application site walk Ms McKay identified a deck that appeared to be newly constructed and researched the m- house files to discover an Order of Conditions was issued for construction of a cantilevered deck The applicants did not comply with the Order of Conditions and constructed a deck with footings within 50 feet of an intermittent stream No pre-construction conditions were met The Enforcement Order requires removal of the deck, buffer zone restoration plantings and a fine in the amount of$300 The deck must be removed no later than December 14, 2003 A motion to ratify the Enforcement Order and submit a copy to the Town Manager was made by Mr Lynch, seconded by Ms Feltovic Unanimous Project Updates: Lot 5 & Lot 6 Chestnut Street(Joyce) Scott Masse left the room Mr Lynch was the acting Chairman Ms Parrino stated a detention basin will be constructed on Lot 6 and has been designed to hold a 100 year storm and the outlet will be onto Peachtree Property Upon review by Peachtree's engineers, concerns were raised regarding the design and Peachtree is taking it upon themselves to direct the drainage onto their property The pond will be on Mr Joyce's lot but outflow will flow into Peachtree subdivision and into their drainage system Peachtree will stabilize the open space parcel as soon as the detention pond is constructed Mr Lynch stated the drainage approach will help to reduce the run-off into the street Mr Lynch would like to review the design calculations when submitted Scott Masse returned as Chairman. No Recess Public Hearings 8:00pm Request for Determination of Applicability 1789 Great Pond Road (Arnone)(Mckenzie Engineering Group,Inc.) The applicant Richard Arnone was present Mr McDonough read the legal notice Ms McKay stated the activities associated with the house and driveway are outside of the 100-foot buffer zone Work in the buffer zone is limited to utility installation The limit of work is within 40-feet of the resource area at its closest point The site is located approximately 50' from the mean annual high water of the Lake Cochichewick located across the street The applicant is in the , process of filing with the Planning Board for a Watershed Special Permit VHB will be conducting soil tests for infiltration design for the November 6, 2003 planning board meeting Mr Lynch expressed his concerns over the length of trenching along the steep slope Cutting a trench into the slope may create a direct pathway for water, which may result in erosion Haybale check dams should be installed every 30 feet along the slope and clay trench dams should be installed in the utility trench every 50 feet upslope Ms McKay discussed having a requirement of double-staked hay bales A motion to issue a Negative Determination with conditions including check dams, erosion controls, filter fabric and hay bales around the catch basin, additional hay bales on site, dewatering condition, pre-construction and post-construction inspections was made by Mr Mabon, seconded by Ms Feltovic Unanimous 128 Russett Lane (Nazzaro) (Cuoco & Cormier Engineering& Associates, Inc.) The applicant Richard Nazzaro was present Mr McDonough read the legal notice Ms McKay stated the filing is for an extension to an existing driveway and associated grading in the buffer zone to a BVW The applicant wishes to extend the driveway for the winter safety purposes as the current driveway is narrow and slopes steeply up towards the house All the work will stay outside of the 50-foot buffer zone The site is entirely wooded, therefore requires significant cutting to perform proposed grading activities Mr Lynch stated he wants 50 foot in length incremental check dams installed every 30 feet upgradient the left side of the driveway A motion to issue a Negative Determination with conditions including check dams, trenched silt fence and staked haybales,wetland markers, pre-construction meeting, post-construction meeting and removal of soil and brush off site, was made by Mr Lynch, seconded by Mr Mabon Unanimous Notice of Intent(s) (Continued) 242-1215, 158 Coachman's bane (Watson) (Merrimack Engineering)(Cont from 9/24/03) No one was present Ms Pamno stated the proposed addition would have a roof drainage system of gutters and downspouts, which will outlet to a grass, hned infiltration basin The 25-foot No- Disturbance Zone is not currently being maintained, as the wetland is at the limit of lawn The applicant agreed to remove the swing set and restore the 25-foot No-Disturbance Zone in this particular area Specific planting plan and requirements were discussed in the field and the revised plans reflect the proposed planting species A motion to issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1208-Foster Farm Elementary School (North Andover Building Committee)(DiNisco Design)(Cont. from 8/13/03) Fred King of Schofield Brothers and Kenneth DiNisco of DiNisco Design were present Lisa Eggleston's review letter addressed the outstanding issues Ms Parrino stated new plans were sent in to address Lisa's comments Mrs Eggleston's letter addressed the culvert crossing Ms Pamno suggested the Erosion Control Monitor be on site during the culvert replacement Mr Lynch wants to have the snow stockpile areas identified and does not want snow stockpiled over the infiltration systems or in the areas of the vernal pool No salt and sand should be applied within 100 feet of the pool A snow storage plan should be prepared and be incorporated mto the final Operation and Maintenance Manual Mr Masse stated the OOC may expire before the school is built If after 5 years the school has not been built a new filing will be required The Conservation Commission may have to incorporate local and state wetland regulation changes that may require revisions to the school design Mr DiNisco questioned whether the hearing could be continued for a long period of time in order to prolong the life of the Order The hearing could be discussed every six months until an Order of Conditions is ready to be issued The applicants requested a draft Order of Conditions be prepared for discussion and could be reviewed and revised every six months until the hearing is closed Donald Tardy, abutter on Boxford Street questioned the distance of the school entrance to his driveway Mr King stated the traffic engineers designed the entrance location based on safety and line of site The planning Board will be addressing the traffic concerns associated with the project A motion to continue the hearing for sic months to the April 14, 2004 meeting and draft an OOC in three months for review, was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1194, 78 Vest Way (Milliken) (New England Engineerina)(Cont. from 8/27/03) Ben Osgood of New England Engineering and the applicant Shaun Milhken were present Ms Pamno stated the restoration activities were required under an Enforcement Order, due to the continuance of tins hearing until this date The applicant has received permission from the Board of Selectman to conduct grading and restoration activities A temporary license is required to be signed and submitted to the applicant The new plans reflecting additional grading activities on town land has been submitted and reviewed A motion to close the hearing and issue a decision in 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous Notice of Intent(s) (New) 242-1217,30 Spring Hill Road (Kramer) (Giles)(Cont. from 10/8/03) Frank Giles of Giles Surveying was present Ms McKay stated the NOI is for construction of a pool and patio in the buffer zone to an isolated vegetated wetland During a building permit inspection, clearing activities were identified and the applicant was instructed to file with the Conservation Commission No work is proposed within the 50-foot No-Build Zone The wetland line was reviewed and approved An additional wetland resource areas exists approximately 100 plus feet away from the proposed activities in the right rear corner of the property No grading proposed Recommend a small revegation plan along the 25-foot No Disturbance Zone between flags A4 and A5, as some minor clearing may have been conducted Plantings can be conditioned in the Order New plans just submitted reflecting minor changes requested by the Conservation Department after an inspection A motion to close the hearing and issue a decision in 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1220, 57, 100, 157 Turnpike Street (Eaglewood Properties)(VHB) (Cont. from 10/8/03) Gene Crouch of VHB and John Stevenson were present Mr Stevenson presented an overview of the project consisting of the construction of a 77,000 s f shopping center consisting of three separate buildings The work within the buffer zone is limited to stormwater management structures only The project has been designed to meet all Conservation setbacks Retaining walls will be constructed to reduce grading The stormwater design meets the DEP Stormwater Policy, and consists of deep sump catch basins, detention pond with forebay and stormceptor units The project will be reviewed by Lisa Eggleston and an escrow account needs to be set up for$5,000 for stormwater management review Mr Lynch questioned the location of snow stockpile areas and stated a detailed snow management plan should be incorporated into the O&M Plan The applicant's representative stated snow will most likely be temporarily stockpiled and removed off-site Mr Mabon stated his concerns about the air conditioning unit locations near the wetland area and small dumpsters that could result in litter into the wetland resource areas He recommended the dumpsters be enclosed by fencing to contain blowing trash Mr Tony Royal, abutter at 80 Court Street, was present on behalf of himself and his mother of 114 Peters Street He expressed his concerns regarding the location of the proposed parking lot in close proximity to his property He also inquired about sewer service and whether blasting would be necessary for construction He stated his concerns about the water flow problem down Rt 114 The Commission discussed setting up an escrow account for the amount of$ 5,000 dollars A motion to set up an escrow account in the amount of$ 5,000 was made by Mr Mabon, seconded by Mr Lynch A motion to continue to the November 19, 2003 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1216,24 Autran Ave. (Robbins)(Cont from 10/8/03) Executive Session Discussion(separate minutes)was followed by the public hearing The applicant Christine Robbins and Donald Bornstein of Mark Johnson Law Firm were present Mr Bornstein presented the filing and explained the applicant is trying to permit an existing built 24' by 16' deck constructed at ground level with no footings The property is occupied by a two family home and the lot is approximately 5,000 s f in size Wetlands are located to the rear of the property The deck and fence are located within the 25' No-Disturbance and 50' No-Build Zones Attorney Bornstein provided a list of addresses on the street with structures allegedly located within the setback zones Mr Masse accepted the list for the file but does not feel alleged violations on abutting properties is relevant to the filing before the Commission or the lawsuit pending against the Commission Mr Bornstein stated many other properties along the street have a similar situation of structures or disturbance within the setback zones He is trying to preserve the right of his client through an appeal for equal protection rights Mr Lynch stated many of the houses on the street were built prior to the bylaw regulation, and questioned when the deck was constructed Ms Robbins stated work was started in August of 2001 Mr Bornstein stated the deck is not derogating from the intent of existing conditions and does not feel the deck is further impacting the wetlands He asked that the Commission consider allowing the deck to remain under the waiver provision of the regulations The applicant proposed to remove several feet of the deck to allow it to comply with the 25' No-Disturbance setback requirement Mr Lynch made a motion to close the hearing and issue a decision in 21 days but withdrew his motion in order to read letters into the record submitted by an abutter, Mr Connors Mr Masse does not feel the letter should be read into the record Mr Bornstein requested that the hearing be continued to address issues concerning abutting properties Sean McDonough read the abutter's letters and Mr Masse stated the letters are not relevant to the record, as they focus on building and zoning setback issues A motion to close the hearing and issue a decision in 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1218, 191 Granville Lane (Berlind)(New England Engineering)(Cont. from 10/8/03) Ben Osgood of New England Engineering was present Ms Parrino stated the NOI is for the replacement of a failed septic system in the buffer zone to BVW The septic system is in the front of the house and the wetland resource area is located behind the house Erosion controls are proposed The wetland line was reviewed and several of the flags were missing, however lack of approval of the flag locations will not impact the project A motion to close the hearing and issue a decision in 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1219, 1112 'Turnpike Street(Ferragamo)(New England Engineerina)(Cont. from 10/8/03 Ben Osgood of New England Engineering was present Ms McKay stated the NOI is for the installation of a pool, deck, cabana and screen house and grading in the buffer zone to a BVW The closest point of work is approximately 61' to the wetland resource area An existing fence is currently located upgradient the 25-foot No-Disturbance Zone Erosion controls are proposed The wetland line was reviewed and two changes were proposed which have been corrected by Ben Osgood Revised plans have been submitted reflecting the revised changes Mr Osgood stated the pool would have a cartridge filter and there will be some tree removal A motion to close the hearing and issue a decision in 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1221, 701 Forest Street (Martin) (Cont. from 10/8/03) The applicant Mr David Martin was present Ms Panino stated the NOI is for construction of an addition in the buffer zone to BVW A portion of the addition will be cantilevered to meet the 50-foot setback The grading associated with the addition will be conducted along the slope A physical bamer along the limits of disturbance up to the 25-Foot No-Disturbance Zone, along the slope may be necessary The wetland line has been reviewed and approved A potential vernal pool resource area may exist within the wetland boundary The 75-foot setback would not impact the proposed construction The 25' No-Disturbance Zone is not being maintained in one area, lots of landscaping debris identified along the No-Disturbance Zone edges The removed soil from the foundation will be used on the site for grading activities The grading will be conducted along the steep, filled slope currently containing lots of debris Mr Martin stated the grading activities will lessen the steepness of the slope Mr Mabon expressed his concerns on the land swap with his neighbor Mr Martin stated he would not likely start the work until March of 2004 The foundation should be staked to ensure it meets the 50' foot setback A motion to close the hearing and issue a decision in 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-0000, Appleton Street, Johnson Street, Salem Street, Dale Street and Anne Road Phase 4B Sewer Extension (Town of North Andover) (Guertin & Elkerton & Associates Inc.) ' William Hmurciak of The Town of North Andover DPW and David Press of Guertin, Elkerton & Associates, Inc were present Mr McDonough read the legal notice Ms McKay stated the filing is for construction of approximately 5,700 linear feet of new 8" gravity sewer on sections of Anne Road, Appleton Street, Johnson Street, Salem Street and Dale Street, in the buffer zone to BVW and within the buffer zone to land under water and associated bank of several perennial streams All the work will be performed in Town owned roadway and easements One area off the roadway will be used for bypass pumping activities The wetland line has not yet been reviewed by Department staff Mr Lynch recommends disqualifying the previous contractor that is working on the High Street, project due to ongoing problems Mr Lynch questioned the exact location of stub placement for the homeowners to tie in He suggested driving the route to identify the best locations to avoid wetland impacts for future tie-ins for sewer connections Mr Press stated they would talk to homeowners to discuss exact locations for the stub connections The homeowner of 136 Salem Street was present and questioned the process of connecting to the sewer, including questions on the cost and available contractors The Commission suggested she call the DPW to acquire further information Carl Vissering, abutter on Anne Road lives on a long common driveway that crosses a wetland All three homeowners of this common driveway will have to tie into the sewer, upon extending the line up the driveway A pump chamber will be required to pump, as gravity will not be possible due to the elevation A motion to continue to the November 5, 2003 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous Decisions 242-1210,Lot 3 Forest Street (Finocchio) (Hancock Associates) A motion to issue a decision in 21 days and set the bond amount at $ 3,000 was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1215, 158 Coachman's Lane(Watson)(Merrimack Engineering) A motion to issue a decision in 21 days and set the bond amount at $1,500 was made by Mr Lynch seconded by Ms Feltovic Unanimous 242-1213, 17 Wildwood Circle(Klipfel) (New England Engineering) A motion to issue a decision in 21 days and set the bond amount $2,000 was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1194, 78 Vest Way (Milliken) (New England Engineering) A motion to issue a decision in 21 days and set the bond amount $1,500 was made by Mr Lynch, seconded by Ms Feltovic Unanimous 1789 Great Pond Road (Arnone)(Mckenzie Engineering Group,Inc.) A motion to issue a negative determination with conditions was made by Mr Mabon, seconded by Ms Feltovic Unanimous 128 Russett Lane(Nazzaro) (Cuoco& Cormier Engineering & Associates,Inc.) A motion to issue a negative determination with conditions was made by Mr Lynch, seconded by Mr Mabon Unanimous Meeting Adjourned at 11:15pm.