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HomeMy WebLinkAbout2004-01-28 Conservation Commission Minutes P � � U Conservation Commission Meeting Minutes January 28,2004 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr ,Vice Chairman, John J Mabon, Joseph W Lynch, Jr , and Sean F McDonough Members Absent: Deborah Feltovic,Beth Wescott Staff Members Present: Alison McKay, Interim Conservation Administrator, Donna Wedge, Conservation Secretary Meeting Came to Order at: 7:10 pm Quorum Present. General Business 242-1045, Amendment, 675 Chickering Road,North Andover High School (North Andover School Committee) John Oxman of DiNisco Design was present Ms McKay discussed the project the Wildlife Habitat study has been reviewed The revised plans have been submitted to address changes from Lisa Eggleston's latest review No further comments A motion to approve the Amendment was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1151, COC,429 Marbleridge Road (Barry) (Cont. from 1/14/04) (Request to Withdraw) Kevin Barry was present Mr Masse stated we do not have to reopen this hearing the Commission accepts with withdrawal for the COC 242-1151, Partial Bond Release,429 Marbleridge Road (Barry) Kevin Barry was present Ms McKay stated the applicant has also requested a partial bond release of$ 1500 of the total bond amount of$ 2000 I feel holding $ 500 should be sufficient enough if the site should need re-seeding Mr Lynch stated in the spring the site may have to be re-seeded and also the site would have to be stable and stockpiling pile in the back would have to be removed A motion to issue a partial bond reduction of$ 1500 leaving balance of$ 500 if area needs to be re-seeded was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1183- COC,58 Oakes Drive (Packard)(New England Engineering) Ben Osgood of New England Engineering was present Ms McKay stated Richelle Denney an outside consultant lured by the Conservation Commission Mrs Denney had reviewed the site Requested P E letter certifying compliance has been submitted The affidavit has not been submitted Mr Osgood to address further Mr Manzi stated the signing the affidavit would let the new owner to be aware of the on going conditions on the site forever A motion to issue the COC but hold the $ 2000 bond until a signed affidavit is received was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-649-PCOC, Lot 8 Stevens Crossing-#566 Osgood Street (Palmer)(Merrimack Engineering) Sandy Devita the buyer of the house and her Realtor were present Ms McKay discussed some of the history of this project the homeowner is requesting the release of his lot for the purposes of an immediate closing transaction The lot is attached to the Stevens Crossing filing with an OOC issued on May 3, 1993 to Rogers Park Realty Trust Evergreen Management Corp bought into the development sometime later A modification to accept a revised plan dated 6/2/93 for 15 single-family dwellings and an extension was issued, which expired on 11/3/96 Mike Howard issued a letter in September of 1996 noting the expiration of the Order and final compliance issues Ms McKay stated there is a lot of history of conflicting information in the old filing I performed an inspection on 1/23/04 and found the site is in compliance with the 25' and is outside of the 50' setbacks I found know issues and feel that lot 8 is in full compliance with the OOC Mr Manzi stated as of today this house meets all the setbacks and is outside of 50' Ms McKay stated the as-built plan is what has been built out in the field and along the driveway the area is all vegetated and there has been no cutting there are no issues with this lot 8 A motion to issue a PCOC for Lot 8 only was made by Mr Manzi, seconded by Mr Mabon Unanimous Filing Fee Appropriation-Interim Consultant, A motion to appropriate $ 8000 from the Filing Fee account to pay salary for interim consultant Richelle Denney was made by Mr Manzi, seconded by Mr Mabon Recess for 15 minutes Public Hearings 8:00 pm Abbreviated Notice of Resource Area Delineation 242-1225, 15 Timber Lane (Fournier) (W. C. Cammett Engineering) (Cont. from 1/14/04) Fred Ford of Cammett Engineering and the applicant David Fourier were present Ms McKay stated revised plans have been submitted The plans do not show the wetland line at the edge of the property as requested Cannot accept the plan as submitted since off property wetlands could affect future proposals Notification was made to the applicant and the applicant's engineer The Engineer submitted revised plans indicating the approximate location of off property wetland Mr Lynch stated the flagging of the wetlands was done without the permission of the neighbor In the future approving the wetland line only the wetland area that is in bold Mr Manzi stated the setbacks stop at this wetland line, which is of site Mr Lynch discussed how the ORAD would be worded the accurate only wetland flags A2, A3, A4, A5, A11, Al2,A13, A14 The inaccurate wetland flags A1, A6,A7, A8, A9, A10 are not approved The boundaries were determined to be inaccurate because the flags located upon Abutter's property without their Authorization and the applicant was not successful on obtaining their Authorization A motion to accept the wording on the ORAD was made by Mr Lynch, seconded by Mr Mabon A motion issue a decision in 21 days was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1235,Willow Street(Murray) (Epsilon) Michael Howard of Epsilon Associates Inc was present Ms McKay discussed some of the history of the project the OOC was previously issued in December of 1999 with an extension until 12/03 for selective clearing of upland areas beyond the 25' no-disturb No activity was conducted on the lot and the OOC has expired The wetland delineation was revisited in the fall of 2002 and a minor modification to the line was approved at the time Plans were submitted at the time reflecting the change Earlier this month, Julie Parrmo and Michael Howard reviewed and approved the resource area boundary as modified Julie documented this reviewed in a letter dated 1/12/04, which was provided in the application Ms McKay stated the line is consistent this year there are no issues No Abutters were present A motion to issue a decision in 21 days was made by Mr Mabon, seconded by Mr Manzi Unanimous Requests for Determination of Applicability (RDA) 984 Turnpike Street (Newell) (New England Engineering) Ben Osgood of New England Engineering was present No Abutter's present Ms McKay stated the filing is for grading associated with the installation of a new septic system outside of the buffer zone of a BVW associated with an intermittent stream The wetland system lies just beyond on the existing fence, which surrounds the property The fence is within the 25' no- disturb area questions on when the fence was installed The limit of the work will be approximately 68' from the closest wetland point The erosion controls are proposed in a sensible location There is a portion of the play area with a swing set observed within the 25' no- disturbance area, although not shown on submitted plans Plans are being revised to show this area The applicant has indicated that the area has existed for approximately 9 years Large brush and leaf piles observed within the wetland along almost the entire length of the delineation Mr Osgood stated this is an existing house up on the hill with a failed system the plateau is very steep but this area is outside of the buffer zone by 75-feet A request to continue to February 11, 2004 meeting A motion to continue to February 11, 2004 meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous Lot 2 Great Pond Road (Phillips Commons, LLC)(Hayes Engineering) Lot 3 Great Pond Road (Phillips Commons, LLC)(Hayes Engineering) Lot 4 Great Pond Road (Phillips Commons, LLC) (Hayes Engineering) Elizabeth Wallis of Hayes Engineering was present Ms McKay discussed some of the history of the project an Order of Conditions (242-967) was previously issued in August of 1999 for the construction of a common gravel driveway to service three single family homes, associated grading, installation of culverts, utilities, sewer, water and open pavers on the individual driveways Jurisdictional resource areas with the work included BVW, LUW, Bank associated with an intermittent stream, and BLS The replication and compensatory storage were also associated with the Order 1 extension was granted and expired in August of 2003 Required compensatory flood storage was completed as required The replication area was completed just prior to the extension in 2002 and replication-monitoring reports have been submitted latest was fall of 2003, which indicated the required 75% success rate, despite the presence of some invasive species Julie recommended 8 additional woody plantings to be planted by the end of October 2002, 8 silky dogwood plantings were proposed and approved It is my understanding that these plantings have not been planted Interim as-builts were submitted in August of 2002 Enforcement Order should be issued to the previous owner to plant the additional plantings in the spring and for final spring and fall (since new plantings would require monitoring)I also recommend that the Enforcement Order address any other compliance issues of the expired Order It is my understanding that the original Watershed Special Permit decision granted by the Planning Board has also expired, which would require resubmission to the Planning Board We are holding an$ 11, 421 bond from the expired Order and should be continue to hold until Compliance is met and requested Mr Manzi stated these filings should not be RDA's they should be NOI' s Ms McKay stated this filing is for limited work but the problem is the wetland line is 7 years old Mr Manzi stated the intermittent stream is a whole new resource area No action taken applicant request to continue to February 11, 2004 meeting A motion to continue to February 11, 2004 meeting was made by Mr Manzi, seconded by Mr Lynch Notice of Intent (s) (cont.) 242-1220, 57, 100, 157 Turnpike Street(Eaglewood Properties)(VHB)(Cont. from 1/14/04) No one was present Ms McKay discussed the filing and a little history about the project At the last hearing the Commission withdrew their motion to close and re-opened the hearing in order to accept an agreement letter from Northmark Bank, which was previously requested Jon Stevenson of VHB was notified several times of the change immediately following the hearing and was advised to submit the letter ASAP A phone message received a few days ago indicated a letter would be submitted today in the am nothing has been received Julie as the Town Planner indicated that an attorney had contacted her today about the agreement letter and I was told he would be contacting me A phone call was from the applicant' s attorney at 4 45 He will be faxing information It is my understanding from Julie that the issues are not conservation related If that's the case I feel that some sort of formal agreement had been executed A motion to continue to February 11, 2004 was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1232, 1003 Osgood Street (Thomas Properties)(West Environmental)(Cont. 1/14/04)(Request to Cont. to 2/11/04) No one was present Mr Lynch acting as Chairman, Mr Masse and Mr Manzi recuse from voting Mr Lynch there is no Quorum to vote Continued to February 11, 2004 meeting by Mr Mabon and Mr McDonough 242-1233, 980 Forest Street (Davies)(Cont. from 1/14/04) No one was present Ms McKay discussed the filing that Natural Heritage comments submitted Project will not adversely affect habitat of state protected wildlife Revised plans have been submitted addressing the applicant's name A motion to issue a decision in 21 days was made by Mr Manzi, seconded by Mr Mabon Unanimous Notice of Intent(s) 242-1234, 88-90 Farrwood Avenue (Sorkin)(Neve-Morin Group) John Morin of Neve-Morro Group and Richard Kaminski of Kaminski Associates were present No Abutters were present Ms McKay discussed the filing is for the reconstruction of decks and stairways for the purposes of providing a second egress, as required by in the building code in the buffer zone to bordering vegetated wetlands at the Heritage Green condominiums The existing decks and stairs were in poor condition, structurally unsafe, and in violation of the current building codes and were therefore ordered by the building department to bring the structures to code immediately The construction is well underway at building 4 90 and appears nearly complete The erosion controls are in place in the location of the current work, but the silt fence is not trenched I suggested and additional row of haybales be added in the location of the existing erosion controls The site is relatively flat and potential of erosion would be minimal The plan shows both existing erosion controls and the proposed, of which are placed logically Two 24"diameter existing sonotube footings, which support the stairway, are within the 50' no- build zone, resulting in a disturbance of approximately 6 2s f The Engineer and the Building Inspector have provided documentation and evidence pertaining to the requirements of the building code which has been provided to Commission and will be presented by the Engineer Therefore, he the applicant is requesting a waiver from the 50' no-build Neve is recommending the planting of 1 or 2 red maple trees within the 50' no-build as a mitigation measures for the impact The applicant is also requesting the removal of 12 trees to bring more natural light and to prevent further damage to the structural integrity of the buildings, as this may have had some connection with the failure of the original deck and stairs Mr Kaminski he presented the photo of the decks and stairways showing the bad condition they are in and the must be replaced safety issues for second egress for the people living in the buildings Mr Morin stated he flagged the wetland area and Ms McKay had walked the line with me it was cold so things were frozen This area in the back is very wet and damp all the time no sunlight gets in this area the railings are falling out very dangerous situation and the high water table in this area is a concern Mr Manzi stated the emergency was 8 to 10 months ago why did they wart so long Mr Lynch stated his mother and father lived in one the units at 90 Farrwood Ave Mr Kaminski this is not a big violation here it is only 6' 2 we cannot remove the concrete sonotubes they are all ready installed and up and the stairs are in Mr Manzi stated the second egress is important exit for people to get out of the building in case of fire or other emergency Mr Lynch stated these buildings are very old over time buildings need to do repairs to keep the property safe for all the units here for the people renting the condo units this is a public safety issue Mr Masse stated we have to think about this in case somebody appeals the OOC Mr McDonough stated this project is a problem being done in our 50' no-build zone, which makes this closer to the wetlands, I will deny the project before the Commission A motion to issue an Enforcement Order for a fine of$ 1000,which needs to be paid by February 6, 2004 by 4 00 pm and waive the right to appeal, also that the work can continue, was made by Mr Manzi, seconded by Mr Lynch A motion to deny any waivers on this project for the OOC was made by Mr Manzi, seconded by Mr Lynch 3 to 1 vote A motion to continue to February 11, 2004 meeting was made by Mr Lynch, seconded Mr Manzi Unanimous Decisions 980 Forest Street(Davies) A motion to set the bond amount at$ 2000 was made by Mr Lynch, seconded by Mr Mabon 70 Oakes Drive Enforcement Order The Commission signed the Enforcement Order EO Modification Campbell Forest Subdivision The Commission signed the Modification for Campbell Forest Subdivision Meeting Adjourned at 10:30 pm