HomeMy WebLinkAbout2003-11-19 Conservation Commission Minutes ................. . .
I
Conservation Commission Meeting Minutes
November 19, 2003
Members Present: Scott Masse, Chairman, and Joseph W Lynch, Jr, Deborah Feltovic, John J
Mabon, Sean F McDonough
Members Absent: Albert Manzi, Jr, Vice Chairman, Beth Wescott
Staff Members Present: Julie Pamno, Conservation Administrator, Donna Wedge,
Conservation Secretary
Staff Members Absent: Alison McKay, Conservation Associate
Meeting came to Order at 7:00pm Quorum present.
General Business
242-885,PCOC, Lot 15 Forest View Subdivision (Marchionda)
No one was present Ms Parrino stated the record plan is dated 2/3/98 The entire house ,
construction is outside of the buffer zone An administrative minor modification was approved
for grading changes and an adjustment in the retaining wall location just inside the buffer zone
The as-built plan is in conformance with the modified plan The lot is stable and there are no
outstanding issues A motion to issue a PCOC, not certifying the drainage,was made by Mr
Lynch, seconded by Ms Feltovic Unanimous
242-885,Lot 14 Forest View Subdivision(Marchionda)
No one was present Ms Parrino stated the record plan is dated 2/3/98 The majority of the house
construction is outside of the buffer zone An administrative mmor modification was approved
for a change in the deck size The as-built plan is in conformance with the modified plan with the
exception of a small retaining wall to the left side of the house This wall is outside of the 100-
foot buffer zone The lot is stable and there are no outstanding issues A motion to issue a PCOC,
not certifying the drainage, was made by Mr Lynch, seconded by Ms Feltovic Unanimous
242-885,PCOC,Lot 13 Forest View Subdivision (Marchionda)
No one was present Ms Parrino stated the record plan is dated 2/3/98 An administrative minor
modification was approved for the changes in the house configuration and the deck location The
as-built plan is in conformance with the modified plan with the exception of the location of the
stairs,winch were placed on the opposite side The lot is stable and there are no outstanding
issues A motion to issue the PCOC,without certifying drainage, was made by Mr Lynch,
seconded by Ms Feltovic Unanimous
242-885,PCOC,Lot 12A Forest View Subdivision (Marchionda)
No one was present Ms Pamno stated the record plan is dated 2/3/98 The entire house
construction is outside of the buffer zone, with the exception of an approved rear deck An
administrative minor modification was approved for the relocation of the house and the
adjustments to grading, to eliminate the need for a retaining wall The as built plan is in
conformance with the modified plan, with the exception of the location of the deck stairs A
brick patio and small landscape retaining wall features was added, but is outside of the buffer
zone A motion to issue a PCOC, without certifying drainage was made by Mr Lynch, seconded
by Ms Feltovic Unanimous
242-885,PCOC, Lot 11A Forest View Subdivision (Marchionda)
No one was present Ms Parnno stated the record plans are dated 2/3/98 The lot is entirely
outside of the 100-foot buffer zone with the exception a very small portion of the rear corner
The house size appears to be slightly larger than proposed The other changes are mmor and non-
jurisdictional The lot is stable A motion to issue a PCOC,without certifying the drainage, was
made by Mr Lynch, seconded by Ms Feltovic Unanimous
242-885,PCOC,Lot 9 Forest View Subdivision(Marchionda)
No one was present Ms Parrino stated the record plan is dated 2/3/98 The house construction is
entirely outside of the 100-foot buffer zone There were several minor changes here that were
made within the construction envelope, but all the changes are outside of 100-foot buffer zone
An additional retaining wall was added along the 100-foot buffer zone and a gravel riprap slope
was added to the rear of the lot,just inside the 100-foot buffer zone The house doses not appear
to be any larger than was proposed The site is stable A motion to issue a PCOC, without
certifying the drainage, was made by Mr Lynch, seconded by Ms Feltovic Unanimous
242-941, COC,227 Berry Street(Brunette)(New England Engineering)
Ben Osgood of New England Engineering was present Ms Parrino stated the Order of
Conditions was issued on 3/4/99 Appropriate extensions were granted for the local Order The
DEP issued a"Final Order of Conditions" for the project on 10/4/02 for the replacement of a
septic system within the buffer zone of a BVW The construction has been completed in
conformance with the proposed plans The environmental monitoring reports exist in the file
The site is stable Mr Osgood stated there was a legal battle with an abutter A motion to issue
the COC and to release the bond was made by Mr Mabon, seconded by Ms Feltovic
Unanimous
242-995, COC, 500 Great Pond Road (North Andover Country Club) (Irrigation
Consulting,Inc.)
Thomas Childs of the North Andover Country Club was present Ms Parrino stated the Order of
Conditions was issued on 3/15/00 for the installation and replacement of the irrigation system
within the buffer zone to bank and BVW Monitoring reports in the file indicate monitors were
on site during the wetland crossings A previous modification request to this filing triggered the
implementation of an Integrated Pest Management Plan, which has now been approved A bond
amount of$12,163 was required for the restoration and irrigation work Giles and P E James
White had submitted the certification letters dated back to 2001 Upon review of the subrnitted
as-built plans, it was identified that the scale was different than that of the approved plans and
existing conditions data was not on the plan, including structures, roadways, etc The applicant
submitted 1 '=40' scale plans with baseline data The only change identified was a change in the
main line near fairway 1 The main line moved closer to the wetlands, however all the work
within maintained turf A certification stamp has been recently added to the plans and a new
letter submitted by Giles certifying compliance A motion to issue the COC and bond release was
made by Mr Mabon, seconded by Ms Feltovic Unanimous
242-1181, COC, 93 Wintergreen Drive (Maren) (New England Engineering)
Ben Osgood of New England Engineering was present. Ms Parrino stated the Order of
Conditions was issued on 2/26/03 for the construction of a replacement septic system in the
buffer zone to a BVW and within riverfront area of Mosquito Brook The construction has been
completed in conformance with the proposed plans Environmental monitor reports in the file
The wetland markers are up The site is stable A motion to issue the COC and bond release was
made by Mr Mabon, seconded by Ms Feltovic Unanimous
242-784,Modification,Lot 37C Abbott Village (New England Engineering)
Ben Osgood of New England Engineering and Mr Paul St Hillane landowner were
present Ms Parrino stated the modification was for the re-positioning of the house, a large deck
with two stairways, an attached garage, and a front brick walkway The brick walkway is within
the 50-foot no-build The house size is approximately 75' by 35' not including the 12' by 38'
deck The limit of work has increased from the originally approved plan, house on the original
was approximately 60' by 32' in size with a 12' by 20' deck Ms Pamno questioned the size and
location of the infiltration chambers Mr Osgood stated the roof drainage will be directed into
the underground infiltration basins which will be sized correctly according to the size of the
house The house is larger but will not have an overall impact on the subdivision drainage
design The erosion controls have been recently replaced on the site The Board discussed the
location of the walkway within the 50' No-Build No wetland markers are in place, however, Mr
Osgood is willing to put them up The modification proposes clearing up to the 25'No-
Disturbance Zone Sean McDonough questioned if the OOC required physical barriers along the
25' No-Disturbance Zone Ms Parrino stated no Mr McDonough questioned if we could
require a barrier and the Commission stated yes Mr Osgood discussed the edge of the 25-foot
No-Disturbance Zone is very dense with vegetation The Board discussed that wetland markers
along the No-Disturbance Zone were adequate A motion to issue a modification with the
condition to install wetland markers was made by Mr Mabon, seconded by Ms Feltovic
Unanimous
242-816, Modification, Campbell Forest(Mesiti)
Allen Russell of Mesiti Development Corporation and Daniel Koravos of DK Engineering were
present Ms Parrino stated the Order of Conditions was issued for the construction of a
subdivision with 25 jurisdictional lots, with four wetland crossing and associated drainage
structure designs The interim as-built plans and calculations prepared by the applicant's
engineers revealed that the drainage system was constructed different than the approved system,
as such the culverts were built larger which allows higher flows to be passed downstream The
applicants have proposed to modify the culverts by adding steel plates to the three culverts to
reduce the flows Lisa Eggleston has completed a review of the proposed modification and feels
the installations of the plates should replicate the pre-development conditions of the peak flow
Ms Eggleston recommends the trash rack to be placed across the entire cross section of the flow
and that the weir itself be moved downstream of the trash rack in order to prevent clogging Jack
Sullivan, Town Engineer has reviewed the modification and has approved the concept of the
design His letter states the hydraulics of the drainage system will require an outside engineering
consultant to provide review and comments Ms Pamno recommended an Environmental
Monitor be on site during culvert modification and prior to work the Conservation Department
must be notified and a specific dewatering plan must be submitted
The applicants are willing to install the trash rack Mr Koravos discussed the pre and post
drainage tables Mr Mabon stated the trash rack debris could get clogged with trash debris and
cause potential flooding problems Mr Lynch stated the structure would most likely get clogged
with leaves, pme needles and tree branches The v-notched weir proposal would require
additional maintenance, winch in the future would be the responsibility of the Town Mr Lynch
stated acceptance of this modification will result in more maintenance to the town The original
approved design was maintenance free Mr Mabon is confident with Lisa Eggleston's review
letter The Commission discussed that Campbell Forest is under an Enforcement Order to
complete activities, as the Order of Conditions has expired The Commission stated the request
is not a modification and must be addressed under an Enforcement Order or new filing Ms
Parnno questioned if the Commission wanted a new filing Mr Masse stated the Enforcement
Order could be amended to address the change Mr Lynch wants to take the meeting under
advisement and have DPW comment on their capability of maintaining the modified structure
The Board requested alternatives be explored and asked that calculations be provided to address
impacts if the v-notched weir clogged and topped off
If appropriate information is submitted the Commission will reschedule to the December 3, 2003
meeting
242-1045,Amendment, 675 Chickering Road,North Andover High School (North Andover
School Committee)(Reauest to Cont. to Dec. 3, 2003)
No one was present The applicant requested to continue to the December 3, 2003 meeting A
motion to continue to the December 3, 2003 meeting was made by Mr Mabon, seconded by Ms
Feltovic Unanimous
Enforcement Order Ratification
10 Keyes Way, A motion to ratify the Enforcement Order was made by Mr Mabon, seconded by
Ms Feltovic Unanimous
No Recess
x
Public Hearings 8:00 pm
Request for Determination of Applicability
56 Abbott Street(Coeliano) (New England Engineering)
Ben Osgood of New England Engineering was present Mr McDonough read legal notice
Ms Parrino stated the filing is for construction of a brick patio and hot tub in the buffer zone to
bordering vegetated wetland The wetland line has been approved No grading proposed and all
work will be conducted in lawn area The 50-foot No-Build Zone is being maintained The site
was previously permitted under 242-783, for the development of 4 houses This house is known
as lot 1 under the previous filing This lot did receive a PCOC The wetland line has changed by
several feet A motion to issue a Negative Determination with Conditions was made by Mr
Lynch, seconded by Ms Feltovic Unanimous
1881 Great Pond Road (Marchand) (New England Engineering)
Ben Osgood of New England Engineering and applicant Robert Marchand were present Mr
McDonough read the legal notice Ms Parrino stated the filing is for the installation of a sewer
connection service The stub is located in Great Pond Road The proposal appears to include two
services for two individual homes The connection to the house will require a crossing through a
vegetated No-Disturbance Zone The sewer will be approximately 5 to 6 feet in depth and the
equipment used will be a rubber tired backhoe Mr Mabon concerned whether this should be
permitted under an RDA The applicant is looking to conduct the tie-in immediately which will
result in an unstabihzed site over the winter months Commission considered conditioning the
project be conducted in the spring The Commission questioned Ms Parrino if an RDA with
conditions would be adequate for this particular project Ms Parrino stated with several
conditions and close monitoring, the project could be conducted under an RDA. Erosion
controls, haybale check dams and jute matting along the slope would be required Mr Osgood
stated he would be the Environmental Monitor Mr Lynch stated a requirement to have straw
mulch jute matting and check dams installed every 50 feet along the trench pathway should be
conditioned Clay check dams should be installed within the sewer trench line Plantings may be
required for any removed vegetation within the No-Disturbance Zone The applicant wants to
proceed with the work immediately because he is obtaining easements from the elderly neighbor
Mr Mabon stated there has to be a lot of supervision over the installation, as the site is very
sensitive due to it's proximity to the lake A motion to issue a negative determination with
conditions including pre-construction meeting, erosion controls, check dams, straw mulch,
planting plan, wetland markers, and post-construction meeting, was made by Ms Feltovic,
seconded by Mr Lynch Unanimous
Abbreviated Notice of Resource Area Delineation
242-1225, 15 Timber Lane(Fornier) (W. C. Cammett Engineering)
The applicant Mr Fornier and Mr Tibido from Camden Engineering were present Mr
McDonough read the legal notice Ms Pamno stated the ANRAD is for confirmation of the
wetland resource area boundary The site is occupied by an existing single-family home No
work is proposed under this filing The wetland delineation appears to delineate a drainage swale
and the wetland may be isolated The wetland flags have been reviewed and approved The
application and plan are complete, the 25-foot and 50-foot not included on the plan, however no
work being proposed Mr Lynch stated some of the flagging is on the neighbor's property and
there needs to be an affidavit signed by the abutter allowing confirmation of the wetland resource
area boundaries on their property A motion to continue to the December 3, 2003 meeting was
made by Mr Lynch, seconded by Ms Feltovic Unanimous
Notice of Intent(s)(Continued)
242-1223,Lot 6 Ogunquit Road,Rocky Brook Estates (Breen) (Neve Associates)(Cont.
from 11/5/03)
John Morn of Neve Associates and Kerry Breen were present Ms Parrino recommended the
applicant place a deed restriction on the property prohibiting further alteration upon site
development Development of the Riverfront Areas has been maximized within the subdivision
and no further alterations to Riverfront Area can be permitted Ms Parrino will submit letters to
the homeowners of Lots 11 A and 12C notifying them that further cleaning activities will not be
allowed on their properties The wetland line has been reviewed and approved and changes to the
Riverfront Area were made in the field and confirmed by Ms Pamno over the last year The
filing has been submitted to Natural Heritage who has not yet responded with comments A
motion to continue to the December 3, 2003 meeting was made by Mr Lynch, seconded by Ms ,
Feltovic Unanimous
242-1219,57, 100, 157 Turnpike Street(Eaglewood Properties) (VHB)
No one was present The applicant requests to continue to the December 3, 2003 meeting to
address some of Lisa Eggleston comments A motion to continue to the December 3, 2003
meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous
Decisions
0 Brook Street/397 Farnum
A motion to issue the Order of Conditions was made by Mr Mahon, seconded by Mr Lynch 3
to 1 vote passed
15 Timber Lane
A motion to continue to the December 3, 2003 meeting with requirement to have a signed
affidavit from the neighbor acknowledging the wetland flagging was on their property was made
by Mr Lynch, seconded by Ms Feltovic
56 Abbott Street
A motion to issue a Negative Determination with conditions was made by Mr Lynch, seconded
by Ms Feltovic
1881 Great Pond Road
A motion to issue a Negative Determination with conditions was made by Ms Feltovic,
seconded by Mr Lynch
Meeting Adjourned at: 9:45pm