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HomeMy WebLinkAbout2003-11-05 Conservation Commission Minutes e APPROVED Conservation Commission Meeting Minutes November 5, 2003 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr, and John J Mabon, Sean F McDonough Members Absent: Deborah Feltovic, Beth Wescott Staff Members Present: Alison McKay, Conservation Associate, Donna Wedge, Conservation Secretary Staff Member Absent: Julie Parnno, Conservation Administrator Meeting Came to Order at 7:10pm Quorum Present. General Business 242-784, Modification, Lot40D Thistle Road (North Andover Land Corp) Ben Osgood of New England Engineering was present Ms McKay stated that the modification was for the house configuration including the deck and stairs Mr Osgood explained that the calculations of the roof runoff were for each lot and is part of the drainage calculations Mr Lynch stated that the roof runoff goes into the catch basin and recharges into the ground Mr Osgood stated that the 25-foot No-Disturbance area remains wooded to protect the 25-foot No- Disturbance zone Ms McKay stated this predated the common condition of a stonewall or physical barrier A motion to grant the modification and to require wetland markers were made by Mr Manzi and seconded by Mr Lynch Unanimous 242-1198, COC, 17 Massachusetts Ave. (Shell Oil Products) (EnviroTrac) No one was present Ms McKay stated that the OOC was for the decommissioning of an existing gas station including the removal of tanks, gasoline pumps, canopy islands, piping and hydraulic vehicle lifts located within BLSF and Riverfront Area Work was conducted within existing paved areas Monitoring was required and appropriate reports have been submitted Appropriate as-built plans and associated documentation was submitted The site was inspected and is stabilized with pavement A motion to issue the COC and bond release was made by Mr Manzi and seconded by Mr Lynch Unanimous 242-885, Modification, Lot 28, Forest View Estates, (Pulte) (Marchionda) Michael Rosati of Marchionda was present Ms McKay stated that this lot was part of the Forest View Estates Subdivision and is under an Enforcement Order for completion of work The record plan was dated 2/3/98 The modification is for grading changes,the addition of a cantilevered deck, and the extension and relocation of a fieldstone landscaping retaining wall Mr Rosati explained the grading was needed for the purpose of the wall Ms McKay stated that wetland markers were required in the original order and should not be overlooked, particularly with this lot Ms McKay recommended the extension of the retaining wall to prevent possible future encroachment The Commission felt that, procedurally a modification would not be the right approach as work is being performed under an enforcement order A motion to deny the Conservation Meeting Minutes 11/5/03 modification was made by Mr Manzi and seconded by Mr Lynch Unanimous A motion to amendment the Enforcement Order to reflect changes and to require extension of the rear retaining wall 20 feet to the lot line was made by Mr Manzi and seconded by Mr Lynch Unanimous 242-1045,Amendment, 675 Chickering Road, North Andover High School (North Andover School Committee) Fred King of Schofield Brothers, Kenneth DiNisco of DiNisco Design and Jim Boudreau of Gale Associates were present They explained the changes made to the project, which includes the construction of a synthetic track and field complex in the North Playfield This area was originally designed for two soccer fields Other changes included a storage building, bleachers, a scoreboard and a retaining wall Modifications to the South Playfield include reconfiguring two soccer fields into one synthetic turf field The applicant presented and passed around a model of the synthetic turf Discussions of how this material would affect the drainage on the site It was questioned whether the new turf would increase the impervious surface on the site The applicant stated that volume would increase slightly, but that appropriate adjustments have been made to attenuate this volume The amount of recharge would remain the same These issues were addressed in Ms Eggleston's letter, which was not submitted until late Wednesday of the meeting, therefore had not been reviewed by staff or the Commission The applicant's said that they would be meeting with Ms Eggleston prior to the next hearing to address any outstanding issues Ms McKay asked if the long jump area would encroach into the 50-foot No-Build Zone in the North Playfield, which was previously a pervious ballfield She also asked if encroachment in the 25-foot No-Disturbance Zone was proposed for field grading in the South Playfield The applicant said that this would be looked into and addressed Mr Lynch mentioned the need for visiting bleacher seats and questioned if the proposed bleachers were adequate for the fields Mr Boudreau stated that the bleachers would be on crushed stone and a small press box would be added in the same area Mr Boudreau said the press box would be added on the proposed paved surface He added that the new synthetic turf would be low maintenance, which would be an added benefit Mr Lynch suggested having a habitat evaluation performed because of the noise and the lights Mr Lynch also had concerns with the volume of water flow Mr Manzi asked for a quantitative analysis of the drainage volumes on the turf vs the natural cover A motion to continue to the November 19, 2003 meeting was made by Mr Manzi seconded by Mr Lynch Unanimous Enforcement Order Ratification 242-969, 1212 Salem Street A motion to ratify the Enforcement Order was made by Mr Manzi seconded by Mr Lynch Unanimous Other Business Mr Manzi made a motion to accept the withdrawal of the CPA application, pertaining to trail improvements on the basis that a representative had not appeared before the Commission for the appropriate approvals Mr Lynch seconded Unanimous A motion to accept the,resignation of Stephen Manning was made by Mr Manzi and seconded by Mr Mabon Unanimous Conservation Meeting Minutes 11/5/03 f Public Hearings 8:00pm. Notice of Intent(s)(Cont.) 242-1222 -Appleton Street, Johnson Street, Salem Street, Dale Street and Anne Road, Phase 4B Sewer Extension (Town of North Andover) (Guertin & Elkerton & Associates Inc. David Press of Guertin Elkerton& Associates was present The filing was continued so that the wetland line could be reviewed and for the DEP file number The wetland line had been reviewed and approved and a file number was granted A motion to issue a decision in 21 days was made by Mr Manzi and seconded by Mr Lynch Unanimous Notice of Intents (New) 242-1223,Lot 6 Ogunguit Road, Rocky Brook Estates, (Peter & Kerry Breen) (Neve Associates) Greg Hochmuth of Neve Associates and Kerry Breen, the applicant, were present Mr McDonough read the legal notice The filing is for the construction of a single family home and associated appurtenances within the buffer zone to BVW and within Riverfront areas The lot was part of the Rocky Brook Subdivision under file 242-862 issued on 12/4/97 for the roadway and the development of six lots Two extensions were already granted for the work The last had expired on 12/4/02 A PCOC had been issued for lot 12C only Lot 1 IA is complete The roadway crossed Rocky Brook, which triggered a wildlife habitat evaluation The Order of Conditions prohibited disturbance of any kind within 100 feet of Rocky and Mosquito Brook The Order also required 15,000 s f of replication area and the placement of 10 bird boxes The Commission is still holding $19,000 of the $31,000 bond Monitoring was required and an O& M plan is in place Compliance with the O &M plan was conditioned to survive the COC Ms McKay stated that she had not reviewed the project yet and that Ms Pamno had been working with the applicant in the review The filing has been submitted to Natural Heritage, but no response had been received yet Mrs Breen stated that the roadway extension had been completed A motion to continue to the November 19, 2003 meeting was made by Mr Manzi and seconded by Mr Mabon Unanimous 242-1224, 0 Brook Street/397 Farnum Street(Ben Farnum Jr.)(Neve Associates) Greg Hochmuth of Neve Associates was present Mr McDonough read the legal notice Ms McKay stated that this is an after the fact filing for emergency agricultural water supply ponds excavated in the summer of 2002 Upon completion of the ponds, the applicant was responsible for the filing a Notice of Intent within 60 days of creation of the ponds It was this departments understanding that the applicant would file the NOI in the fall of 2002 for the ponds upon discussion with NRCS An Enforcement Order was issued in February of 2003 mandating a filing for the pond construction in the bordering vegetated wetlands and Riverfront Area Upon the receipt of the EO, Julie met with the applicant's attorney to discuss the EO and the filing requirements 'At that time, the applicant's attorney felt the activities were exempt under the agricultural regulations Upon the meeting with the attorney, Ms Pamno extensively reviewed the regulations and rendered the opinion that the second pond in the Riverfront Area required a filing as it was a new water supply source Pond 1 was created years ago and had filled in over Conservation Meeting Minutes 11/5/03 the years,therefore the work could be considered maintenance Additional Enforcement Orders were issued for the filing and a fine of$300 was levied The fine has been paid Mr Hochmuth stated that the work was completed for the purpose of supplying water to the farm vegetable and fruit during the drought for emergency water supply purposes Mr Masse stated this took a year and a half to do this filing this took too long He made it clear to the applicant's representative that this was unacceptable Mr Manzi argued that normally he would agree, but defended the farmer's right under the agricultural regulations Mr Masse felt that this was no excuse for the applicant to have taken so long to submit a filing and for staff to be spending more time on the issue than necessary A motion to issue a decision in 21 days was made by Mr Lynch and seconded by Mr Manzi Unanimous Decisions 242-1216- 24 Autran Avenue Mr Masse recused himself Mr Manzi became the acting Chairman A draft denial was written and reviewed The Conservation Commission accepted the draft denial with a few minor changes A motion to deny to the project was made by Mr Lynch and seconded by Mr McDonough Unanimous 242-1222-Phase 4B Sewer The Conservation Commission discussed that a condition should be added to review and approve the bid contracts to avoid a situation similar to that of a previous contract where the hired contractor appeared incompetent The Commission advised that the Town Manger be notified of this condition The bond amount was set at $5,000 A motion to approve the project was made by Mr Manzi and seconded by Mr Lynch Unanimous A motion was"made by Mr.Lynch and seconded by Mr. McDonough to adjourn the meeting at 9:30 p.m. Conservation Meeting Minutes 11/5/03