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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