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HomeMy WebLinkAbout2004-04-28 Conservation Commission Minutes �I 1 y� u U Conservation Commission Meeting Minutes April 14,2004 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 Interim Administrator, Donna Wedge, Conservation Secretary Meeting came to Order at: 7:05pm Quorum Present. Board Member: Sean F McDonough arrived at 7:15pm. General Business 242-805,Modification, Lot 12 Sherwood Drive (#101) (Messina Development Corp.) (Christian & Sergi) Robert Messina of Messina Development Corporation was present Ms McKay stated the Order of Conditions was issued for construction of a single family home, driveway, and grading within the Buffer zone to a BVW The applicant previously requested a COC in November of 2001, which was denied on the basis that a modification was needed for the deck and an additional driveway turn around The applicant has submitted requested a modification The deck footing is located 51' from the wetland and was verified by Rick Paquette and recently by myself The house has been completed for some time,therefore the site is stable The 25' and 50' setbacks are being met A motion to issue the modification was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1120, COC,29 Barco Lane (Weger)(New England Engineering) The applicant Peter Weger and Ben Osgood of New England Engineering were present Ms McKay stated the Order of Conditions was issued for construction of an addition to an existing dwelling and the installation of a septic tank and pump chamber associated with the septic located in the buffer zone The septic system has been constructed The addition has not been constructed and the applicant is abandoning plans to construct the addition As-built plans are in conformance with proposed plans The site is stable Recommend COC indicating that addition was not constructed under the filing as proposed Mr Osgood requested to write a hand written request for a modification to remove the addition from the Order of Conditions A motion to issue the modification was made by Mr Mabon, seconded by Mr Manzi Mr McDonough abstained from voting A motion to issue the COC and Bond release was made by Mr Manzi, seconded by Mr Mabon Mr McDonough abstained from voting i 1 242-784, Modification,Lot 29 Thistle Road(North Andover Land Corp.) (New England Engineering) Ben Osgood of New England Engineering was present Ms McKay stated the as-built location of the deck meets the 50 feet the closest point is on the 50 feet no-build zone The modification request does not specified in the request letter In comparing the approved plan to the modified plan I am identifying the following modifications 1 The house was built slightly larger than proposed 2 The front and side walkways were added 3 A rear retaining wall was built The 25' and 50' setbacks are maintained and complied with I have no issues with the modification request Mr Lynch stated this is a request for the modification for the 28 feet area on the plan A motion to issue the modification was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-784, PCOC,Lot 29 Thistle Road (Berlingieri) (New England Engineering) Ben Osgood of New England Engineering was present Ms McKay stated the site is stable and is in compliance with the Order The trash was observed beyond the erosion controls The request that the trash be removed prior to the issuance of the PCOC No other issues A motion to issue the PCOC pending with trash removal was made by Mr Lynch, seconded Mr Mabon Unanimous 242-1210,Modification, Lot 3 Forest Street(Finocchio)(Hancock Environmental Consultants) The applicant Michael Finocchio and wife were present Ms McKay discussed some of the history of the project The Order of Conditions issued 10/22/03 for construction of a single family home, driveway, in-ground pool, pool patio and decking, retaining walls and associated grading and landscaping within the buffer zone to bordering vegetated wetland The modification is for relocation of the house, pool and well, driveway, septic tank and changes to the grading In addition, the house will be raised 4 feet to avoid ledge The new location of the house is further away from the wetland than previously proposed The pool patio is proposed closer at 51 feet compared to the 59 feet as previously approved The significant grading at the site has been eliminated The two boulder riprap retaining walls have been added as a result of the grading changes I have no issues with the proposed changes, as overall site work is less significant Mr Lynch stated less grading is no problem A motion to issue the modification was made by Mr Lynch, seconded by Mr Mabon Unanimous Public Meeting/Presentation to Conservation Commission April 14,2004 North Andover Flood Hazard Mitigation Study-Presentation and Discussion (DPV)(Guertin Elkerton & Associates) A Representative from Guertin Elkerton&Associates and Jack Sullivan of DPW and William Hmurciak of DPW and Alison McKay of Conservation Department were present The Overview of Program GE & A assisted Town in obtaining funding from the State for this program Goal of FHMP is to locate areas of potential flooding hazard that are currently unprotected within North Andover and prepare general solution types to reduce the risk of flooding in those areas FHMP is developed in ten-step methodology 1 Map known and potential damage 2 Determine potential damage 3 Identify what is already in place 4 Identify what is not being done 5 Brainstorm Alternatives 6 Evaluate actions 7 Coordinate with others 8 Select actions 9 Develop strategy 10 Adopt and monitor plan FHMP must be approved by the Town Board of Selectman before July 5, 2004 Progress To Date... Map known and potential hazards Inventory of critical facilities Prepared existing protection matrix underway Identification of gaps in protection underway Mr Lynch stated the Firm Maps historically shows the problem for 100 year Flood and 500-year Flood Plain areas Driving down route 114 a lot of Commercial Development here they would welcome the information The websrte is fine but you need to advertise to the Public in other ways the Newspaper, Information filers must be aggressive in getting the Public involved Mr Manzi stated the overview is critical facilities stormwater management the culverts in the Town We need strong analysis with the Beaver Problem they block culverts you breach the dams and they build them back overnight Mr David Rand is very active with Beaver problem in Town you should contact David Rand Mr Mabon stated the studies about Mosquito Brook have been study to many times We need to study other problem areas There is a lot of Beaver Problems in many areas in the Town, which are causing flooding because of their Beaver Dams William Hmurciak stated the Town has installed beaver deceivers in five locations around the Town The areas that would be mapped, as Flood Zones would be paid by the State a grant for the Town of North Andover The Board of Selectman have to approve this by July 5, 2004 Enforcement Order Ratification 242-1025,350 Green Street, (Rosewood Construction) Paul Slazik and William Weare and Patrick Seekamp of Seekamp Environmental Consulting, William Perzom a Lawyer for the Applicants and Paul Depetri were present Mr Lynch stated is these new owners of this project Mr Manzi stated yes there are new owners All the erosion controls need to be replaced hay bales, silt fence needs to be trenched The replication areas need to be stabilized immediately Mr Seekamp stated all the site is bare will try to stabilize as soon as possible Mr Seekamp would need 2 weeks in order to submit the Notice of Intent would file by April 30, 2004 The escrow account has been set up for$ 2500 A motion to ratify the Enforcement Order was made by Mr Manzi, seconded by Mr Mabon Unanimous A motion to modified the Enforcement Order to allow work to stabilize the site and allow the date of April 16, 2004 to be changed to April 30, 2004 filing dead line was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1234,88-90 Farwood Ave. (Heritage Green) No one was present Ms McKay stated there is a new manager here and the work has been completed The Order of Conditions has not been recorded and the bond not posted The applicant needs to be reminded to record and post the bond A motion to ratify the Enforcement Order was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-1232, 1003 Osgood Street(Thomas Properties)(West Environmental) No one was present Mr Masse and Mr Manzi recuse from voting No Quorum to vote Continued to April 28, 2004 meeting and must re-advertise Public Hearings at 8:10pm No Recess Requests for Determination of Applicability (RDA)(Cont.) Lot 2 Forest Street (Mahalati) (New England Engineering) Ben Osgood of New England Engineering and Michael Finocchio applicant of Lot 3 Forest Street were present Mr Osgood stated the Health Department required revisions to plans so the septic system would be outside the Buffer Zone by 71 feet 3 to 1 slope Ms McKay stated the plans were revised to match the approved line, in addition to the request erosion control changes the extending and double the row of hay bales Mr Lynch stated the 12 feet corner of the D-Box cross section is 3 to 1 a requirement 2 rows of haybales silt fence trenched and hydro seed this area right after work completed to jump start the grass growing Ms McKay stated special conditions to include pre-construction meeting,post-construction meeting, and as-built plan A motion to issue a negative determination was made by Mr Manzi, seconded by Mr Lynch Unanimous Notice of Intent(s) (Cont.) 242-1239, 17 Massachusetts Avenue (Motiva Enterprise)(Enviro Trac Ltd.)(Cont. from 3/17/04) Brian Snow of Enviro Trac Ltd was present Ms McKay stated the DEP number has been issued Revised plans submitted showing soil containment detail and additional haybales along the edge of property upgradient from wetland flags 1 & 2 A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Mr Mabon Mr Lynch absented from voting 242-1238,29 Anne Road (Duffy)(Frank Todd & Associates & Merrimack Engineering) The applicant Robert Duffy and William Dufresne of Merrimack Engineering were present Ms McKay stated the wetland boundary to the front of the property has been reviewed and approved The revised plans show soil stockpiling area and location is acceptable The filter type and specifications submitted No backwashmg required with proposed pool filter system Revised supplemental plans with P E stamp The project requires approval from the Board of Health In speaking with the Health Director, there are issues with the new location of the proposed cabana (footings and proposed grading over the septic system) The applicant should speak with the Health Department to submit a plan, which meets both Conservation and Health Department requirements If the Commission approves the plan and changes become necessary from Health, new plan needs to be submitted to Conservation Mr Lynch stated the spa is right on the line 50 feet No-Build Zone needs to be very cautious an As-Built Plan needs to be required Ms McKay recommended conditioning the installation of caution tape or construction fencing along the front of the property along the 50 feet No-disturb so that no equipment/stockpiling occurs to the front if no erosion controls proposed along front wetlands A motion to close and issue decision in 21 days was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1237,Lots 277 & 278 Cotuit Street(Highview LLC)(Environmental Designs) Robert Ahern of Highview LLC was present Ms McKay stated the escrow has been set up and third party review with Mark West of West Environmental has been executed During this review, the isolated resource area was still considered an isolated non jurisdictional resource area West Environmental submitted a Memorandum,received late today regarding the review The only change noted was that the isolated area extended 15' up gradient from flag 1-3, increasing the area to 188 s f, instead of 123 s f, adding a flag 2A Revised plans were submitted showing this change Proposed project meets the 50' setbacks Grading, driving crossing, and utility installation within 25' of the ditch DEP file# issued with comment Are wetlands being filled/altered for this project9 If so, must demonstrate how project meets applicable performance standards DEP comments may be irrelevant, as the drainage ditch not really bank and submitted soil data for crossing location are not hydric However, further review is necessary to evaluate whether state/local performance standards be required Replication/replacement wetlands not a viable option for the site Where could they go? However, I do feel some sort of mitigation efforts should be taken I am unsure as to what at this time Jack Sullivan, the Town Engineer had submitted a letter to Julie on 12/23/03 during a preliminary review of the project (of which was previously included in the packets), offering valuable comments to be answers/incorporated on the plan (see letter) The erosion controls should be extended along the 50' to the rear to the property line parallel to Dartmouth Street A motion to continue to April 28, 2004 meeting and to have Mark West to come to the meeting to explain some of the information in his letter he faxed, was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-1232, 1003 Osgood Street-Lakeview Farm Development (Thomas Properties,LLC) No one was present Mr Masse and Mr Manzi recuse from voting No Quorum to vote Continued to April 28, 2004 The applicant would have to re-advertise Decisions 242-1239, 17 Massachusetts Avenue (Motiva Enterprises, LLC) A motion to set the Bond amount at $ 2, 000 was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-1238 29 Anne Road (Duffy)(Frank Todd Associates & Merrimack Engineering) A motion to set the Bond amount at$ 2,000 was made by Mr Manzi, seconded by Mr Lynch Unanimous A motion was made by Mr. Manzi, seconded by Mr. Mabon to Adjourn the meeting at 9:OOpm i