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HomeMy WebLinkAbout2004-03-17 Conservation Commission Minutes f� YYY Conservation Commission Meeting Minutes March 17,2004 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr ,Vice Chairman, Deborah Feltovic, and John J Mabon Members Absent: Joseph W Lynch, Jr , Beth Wescott, and Sean F McDonough Staff Members Present: Alison McKay, Conservation Interim Administrator, Donna Wedge, Conservation Secretary Meeting came to order at: 7:05pm Quorum Present. General Business 242-1045, Extension,675 Chickering Road,North Andover High School (North Andover School Committee)(cont. from 2/25/04) John Oxman of DiNisco Design was present Ms McKay discussed some of the history of the project The wetland flagging has been completed and reviewed and is accurate The erosion controls have been replaced and/or secured The wetland markers will be installed this spring as were required as a pre-construction condition The applicant has submitted a draft snow management plans for the Commission to review Copies were also sent to the School Department and the Department of public works for review A memo from the Town Engineer indicates that the Department of public works is satisfied with the overall snow management plan, even though it would involve running three pieces of snow removal equipment over the property However, Department of public works felt it was workable All items have been satisfactorily addressed or are being addressed There are no further issues A motion to grant a one-year extension was made by Ms Feltovic, seconded by Mr Manzi Unanimous 242-1052, Extension,492 Sutton Street/LMA (Accurate Builders & Inspection Services) William Dery manager of project was present Ms McKay discussed some of the history of the project The Order of Conditions was issued on 4/4/01 and expires on 4/4/04 respectively The request was submitted on 3/2/04, meeting the 30-day requirement The Order of Conditions was issued for construction of two hangers with associated grading, appurtenances and paving within the buffer zone to a BVW and the construction of a dention basin outside of the 100' buffer The work commenced at the site in late December of 2003 and has progressed through the winter months The contractor has estimated that work will be completed this summer There were several in-house modifications have been made and addressed in-house by both the previous administrator(s) &myself The reports have been submitted Upon inspection of the site, the silt fencing was not trenched in some location and is in need of repair The contractor was notified on site and will be taking care of it No major concerns at this point and required conditions set forth in the Order of Condition have been thus far complied with Mr Mabon has concerns of the piles of dirt stockpiling Ms McKay stated the silt fence has been trenched there is no soil moving around A motion to issue a one-year extension was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-816 &242-990,PCOC, Campbell Forest Subdivision & Stonewedge Circle—Roadway only (Mesiti) Allen Russell of Mesiti Development Corporation was present Ms McKay stated the applicant is requesting a PCOC for the roadways only associated with the Campbell Forest Subdivision, which include Webster Woods Lane, Avery Park Drive, and Stonewedge Circle This request is being made as the applicant is seeking Town roadway acceptance for Spring Town meeting The Roadway as built have been submitted and reviewed Engineering Alliance, Inc has submitted a letter certifying that the as built plans for the roadway and appurtenant drainage system and replication areas are in substantial conformance with the Order of Conditions In addition, Earl Chase of West Environmental has submitted a letter of substantial compliance, which has been reviewed No silt or sediment was observed to any of the of the eight detention basins The storm drain system, including 29 catch basins and 10 manholes, were cleaned for both projects in late July of 2003 The Town Department of Public Works will require one last road sweeping and storm system cleaning prior to Town acceptance In addition, the three replication areas have adequately survived a minimum of five growing seasons and all required reports have been submitted I walked the entire subdivision with Allen Russell of Mesiti, Jack Sullivan, the Town Engineer, and Julie Parrino,the Town Planner on 3/4/04 The Town Engineer has reviewed the as-built plans and feels that the plans appear to be substantially complete, with the only major revision required being the recently approved modifications Mr Manzi stated the PCOC would be only for the roadway not including the drainage A motion to issue the PCOC for the roadway only for both 242-816 and 242-990 was made by Mr Manzi, seconded by Mr Mabon Unanimous NACC# 11, COC, 429 Waverly Road-Delucia Way (Smolak) Steven Smolak was present Ms McKay discussed some of the history of the project The Order of Conditions was issued on September 5, 2001 for construction of 3 lot subdivision, storm water management structures and associated appurtenances within the buffer zone to an IVW Although riverfront to the Shawsheen River and associated BVW and BLS on site,no work was proposed within the buffer zones to these resource areas Lot 5 is the only jurisdictional lot of the subdivision All items have been adequately addressed and the project in compliance with the Order with the exception of the removal of a pool on lot 6 The condition# 54 of the Order states that the aboveground pool located in the 50' no-build zone on lot 6 is to be removed The applicant has stated that he did not nor ever did own the lot where the pool is located(Affidavit signed for Lots 3, 4, & 5 Delucia Way) The condition# 30 of the Order also refers to the pool, allowing pool removal activities to occur in the 50' no-build zone The Erosion Control Monitor has submitted a final compliance letter The as-built plan appears to be in conformance with the approved plan The wetland markers are in place as required The overall site is stable A motion to issue a modification for the removal condition # 54 and condition# 30 to be removed from the Order of Conditions was made by Mr Manzi, seconded by Ms Feltovic Unanimous A motion to issue the COC and bond release was made by Mr Manzi, seconded by Ms Feltovic Unanimous Enforcement Order Ratification 242-1234, 88-90 Farwood Avenue, A motion to ratify the Enforcement Order was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-1025,350 Green Street(Riverbend Crossing) Ms McKay stated there was interior work being done Mr Masse stated interior work is ok to proceed Mr Manzi stated when this was first before us this is within 100' of the Shawsheen River The Order of Conditions has expired I want them to re-file for a new NOI There has been bad management with this project New filing must be done by April 16, 2004 The bond amount on the old filing is $ 125,000 A motion to ratify the Enforcement Order was made by Mr Manzi, seconded Ms Feltovic Unanimous 242-1031, 1812 Turnpike Street. Ms McKay stated a bobcat was changing the stream channel Richelle Denny found this when she was doing a site visit for another filing An Enforcement Order was issued to stop all work A motion to ratify the Enforcement Order was made by Mr Manzi, seconded by Ms Feltovic Unanimous No Recess Public Hearings: 8:05pm. Requests for Determination of Applicability(Cont.) 984 Turnpike Street(Newell)(New England Engineering)(Cont. from 2/25/04) Ben Osgood of New England Engineering was present Ms McKay stated the revised plans were submitted showing the play area location Additional revised plans were submitted with minor change to pipe diameter I had requested information to be submitted for the stream static Watershed area less than 5 sq miles in size( 15)the stream is intermittent Mr Osgood stated he is still working with the Health Department A request to continue to March 24, 2004 meeting A motion to continue to March 24, 2004 meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous Lot 2, Great Pond Road (Phillips Common,LLC)(Hayes Engineering)(Cont. from 2/25/04) No one was present Mr Masse has met with Michael Phillips the applicant and has agreed to withdraw without prejudice A motion to accept the withdrawal was made by Mr Manzi, seconded by Ms Feltovic Unanimous Lot 3, Great Pond Road (Phillips Common,LLC)(Hayes Engineering)(Cont. from 2/25/04) No one was present Mr Masse has met with Michael Phillips the applicant and has agreed to withdraw without prejudice A motion to accept the withdrawal was made by Mr Manzi, seconded by Ms Feltovic Unanimous Lot 4, Great Pond Road (Phillips Common,LLC)(Hayes Engineering)(Cont. from 2/25/04) No one was present Mr Masse has met with Michael Phillips the applicant and has agreed to withdraw without prejudice A motion to accept the withdrawal was made by Mr Manzi, seconded by Ms Feltovic Unanimous Requests for Determination of Applicability (RDA) Lot 2, Forest Street(Mahalati) (New England Engineering)(Request to coat. to 4/14/04) Ben Osgood of New England Engineering was present Mr Manzi read the legal notice Ms McKay stated the filing is for grading activities associated with the installation of a subsurface sewage disposal system within the buffer zone to a bordering vegetated wetland associated with Towne Pond The construction of a single-family dwelling and associated activities is proposed outside of the buffer zone The lot is adjacent to the recently approved work for Lot-3 under 242- 1210 Extensive grading proposed throughout the site, although majority is outside of the buffer zone Several erosion controls changes were requested on the revised plans The wetland line did not match exactly to previously approved wetland line for Lot 3 In most cases, the delineation was more conservative One flag revision was requested, however the applicant may choose to follow the entire previously approved line Revised plans have been submitted Special conditions to include Pre-construction meeting, Post-construction meeting, and as-built plan A motion to continue to April 14, 2004 meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous Notice of Intent(s) (Cont.) 242-1232, 1003 Osgood Street-Lakeview Farm Development(Thomas Properties LLC)(West Environmental) (cont. from 2/25/04)(Request to cont. to 3/24/04) No one was present No Quorum to vote Continued to March 24, 2004 meeting Notice of Intent(s)(New) 242-0000, 17 Massachusetts Avenue (Motiva Enterprises,LLC)(Enviro Trac Ltd.) Brian Snow of Enviro Trac Ltd was present Mr Manzi read the legal notice Ms McKay stated the filing is for excavation of approximately 15' square by 15' depth area(300 cubic yards) adjacent to the Shell gas station facility for the removal of contaminated soil and the installation of up to three 2" diameter groundwater wells located within Riverfront area, BLSF, and buffer zone to associated bank and BVW All purposed work under this filing within paved previously disturbed areas The wetland previously approved The excavation for the soil removal located approximately 175 feet from the banks of the Shawsheen River The proposed soil stockpile area is shown on the plan and located on the asphalt-paved surface immediately east of the facility The containment and erosion protection would be controlled by the use of a hay bale erosion barrier and covered with polyethylene sheeting Immediately following excavation, the area will be backfilled with clean fill and will be re-paved, returning the area to its current condition Additionally, several ground monitoring wells will be installed in the vicinity of the excavated area Mr Manzi stated off site by the Merrimack Oil Company there is an established swale additional hay bales of 6 to 7 on the edge of the Shawsheen river area Mr Snow would have to ask the owner if he can place the hay bales there should be no problem A motion to continue to March 24, 2004 meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-1237, Lots 277 & 278 Cotuit Street(Highview LLC)(Environmental Designs) Steve D'urso of Environmental Designs and Robert Ahern of Highview LLC were present Mr Manzi read the legal notice Ms McKay stated the filing is for construction of a duplex with associated grading, utilities, and driveway crossing The resource area associated with the project is a drainage channel within the undeveloped Darmouth Street and continues in a northwesterly direction onto Cotuit Street A driveway crossing over the jurisdictional drainage channel is proposed for access and will require approximately 100 s f of alteration The ditch carries stormwater runoff from the Eagle Tribune site and upper end of Cotuit Street Although both the Eagle Tribune delineation reflects a non jurisdictional wetland, I question whether the isolated area is in fact non jurisdictional I inspected the property on 3/16/04 and upon initial review I feel that the area is at mimmum 100'x 10' in size (1,000 s f)making the area jurisdictional Additionally, the entire site appears to capture a lot of drainage and runoff from Eagle Tribune site In my opinion, the soils and the vegetation on the entire subject property have wet characteristics and I question whether the proposed project can be done at this site, as the A soil layer is deep and extremely rich in black organic material in other areas not presented as a wet area The staff has not performed an in-depth review of the project for the reason that careful site evaluation needs to be executed I highly recommend that the applicant set up escrow for third party review of the site prior to any discussion A motion set up escrow account for$ 1,000 for wetland scientist either Michael Seekamp or Michael Howard was made by Mr Manzi, seconded by Ms Feltovic A motion to continue to April 14, 2004 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1236, 175 Forest Street (Wilkins and Kummer) The applicants Leon Wilkins and Judy Kummer were present Ms McKay stated the project is for construction of an addition to an existing dwelling and additional driveway in the buffer zone to a bordering vegetated wetland resource area The wetland line was taken from a plan by Weston& Sampson for the DPW water main replacement project on Forest street under DEP file #242-1138 The garage addition is proposed on an existing lawn area and no grading is being proposed The 50' and 25' setbacks are being met Erosion controls have been adequately located on the plan The site is located in estimated habitat and was sent to Natural Heritage for review The wetland line was reviewed and was approved Natural Heritage comments have not been received they have 30 days to respond There are no issues here A motion to continue to March 24, 2004 meeting was made by Ms Feltovic, seconded by Mr Manzi Unanimous Decisions 242-1234, 88-90 Farwood Avenue (Sorkin)(Neve-Morin Group) A motion to set the bond amount at$ 1,000 a dewatering detail and the cutting of 12 Trees must be removed off site right away,Neve-Morin Group submitted a planting plan Red Maples and Blueberry Bushes, was made by Mr Manzi, seconded by Ms Feltovic Unammous A motion to adjourn meeting at 9:00pm,was made by Mr. Manzi, seconded by Ms. Feltovic.