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HomeMy WebLinkAbout2004-06-09 Conservation Commission Minutes e � Conservation Commission Meeting Minutes June 9,2004 Members Present: Scott Masse, Chairman, and Joseph W Lynch, Jr , John J Mabon, Sean F McDonough Members Absent: Deborah Feltovic, Beth Wescott, and Albert Manzi, Jr ,Vice Chairman Staff Members Present: Alison McKay, Interim Conservation Administrator, Donna Wedge, Conservation Secretary Meeting came to Order at 7:35pm Quorum Present. General Business 242-792, COC & Bond Release,Woodlea Village (Ashwood Companies)(Gateway Consultants, Inc.) No one was present Melanie Garger a homeowner was present Ms McKay stated the applicant could not come to the meeting tonight The applicant wants to move forward for the release of Lots 6 thru 11 The Commission discussed the many issues here with this project some bond money released already the applicant wants a total COC for the whole project Ms McKay stated there are some minor violations in the Buffer Zone Mr Lynch was reviewing as-built plan there is a major problem on Lot 9 the house is in the drainage easement Mr Lynch stated the whole subdivision they need to send in as-built plans for every lot here and the engineer needs to go out to the site and draw an as-built for Lots 6 thru 11 so we no what is actually out there These plans are old plans and they need to be corrected with the correct information A motion to deny the COC and bond release was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1151, COC & Bond Release,429 Marbleridge Road (Barry) The applicant Kevin Barry was present Ms McKay stated the applicant requested to withdraw the COC at the meeting of 1/28/04 so that staff could verify site stabilization per the Commission's request A partial bond release of the $ 1,500 was granted at the January meeting holding $ 500 until site stabilization could be verified in the spring The applicant has requested a COC & release of the remaining bond Upon inspection I found the site to be adequately stabilized A motion to issue the COC and bond release $ 500 was made by Mr Lynch, seconded by Mr Mabon Unanimous Members Election Scott Masse elected as Chairman A motion to elect Scott Masse as Chairman was made by Mr Lynch, seconded by Mr McDonough Albert Manzi, Jr, elected as Vice Chairman A motion to elect Albert Manzi, Jr, as Vice Chairman was made by Mr Lynch, seconded by Mr McDonough No Recess Public Hearings 8:05pm Abbreviated Notice of Resource Area Delineation 242-1256, Summer Street & Mollytowne Road (Gillen)(Christiansen & Sergi,Inc.)(Request to cont. to 6/23/04) No one was present A motion to continue to June 23, 2004 meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous Abbreviated Notice of Intent (s) 242-0000, 55 Amberville Road (Martin)(Gouveia) The applicant Steve Martin and Anthony R Gouveia P E were present Mr McDonough read the legal notice Ms McKay stated the filing is for the construction of a 16' x 14' deck on the north side of the existing dwelling and a retaining wall with associated grading activities within the buffer zone to a bordering vegetated wetland The site is part of the Forest View Estates Subdivision(Lot 52A) A COC was issued for this lot on 5/29/03 The retaining wall will be 2 feet high and 32' from the closest wetland flag A wall detail was included with the application The deck will be built on 6 sonotube footings and will overhang 2-6' A 4" stone apron is proposed under the decking The erosion controls hay bales and silt fence are proposed A soil stockpiling area is also noted on the plan The wetland markers are already in place on the property The wetland line was reviewed and approved There are no issues but a DEP file# A motion to continue to June 23, 2004 meeting was made by Mr Mabon, seconded Mr Lynch Unanimous Notice of Intent (s) 242-1208, Foster Farm Elementary School (North Andover School Building Committee) (Dinisco Design)(cont. from 10/22/03) No one was present A motion to continue to July 14, 2004 meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1237, Lots 277 & 278 Cotuit Street(Highview LLC) (Environmental Designs) Kenneth Ahern of Highview LLC was present Ms McKay stated at the last meeting,the Commission requested that note#2 of May 18, 2004 letter be amended to indicated that the crossing over the drainage swale was not a resource area as previously determined by the wetland consultant and verified by staff Note# 2 has been revised to concur with this finding No remaining issues A motion to close and to issue a decision in 21 days was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1250,Adams Ave Drainage Improvement Project (DPW) (Weston & Sampson)(cont. from 5/26/04) Frank Occhipinti and James Finnegan of Weston& Sampson were present Ms McKay stated the applicant is requesting a waiver for the wildlife habitat evaluation due to the very poor conditions of sustaining wetland plants and wildlife habitat Because the project qualifies as a limited project, this requirement can be waived at the discretion of the Commission under the WPA Although the soils at the site indicate poor conditions for wetland vegetation(WrB- Woodbridge), I recommend some mitigative buffer zone plantings along the bank At the last meeting, the Commission requested bentonite clay check dams be added with in the trench The applicant is proposing to add 5 bentomte clay check dams to the plans The revised plans have not been submitted, but the applicant is requesting that the proposed dams be included as part of the OOC Mr Masse stated the state waiver 10 53-limited project but local North Andover Wetlands Protection Bylaw does not allow any waivers 10 60 A motion by Mr Lynch to waiver the wildlife habitat study vote failed A motion to continue to June 23, 2004 meeting to receive Wildlife Habitat study was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-1255,2177 Turnpike Street-Lot 66 (Casey) (Serwatka) (cont. from 5/26/04) Joseph Serwatka of Serwatka Engineering was present Ms McKay stated the applicant has included specifications for the wall 2-3' high boulders will be used to construct the wall A layout plan for the wall was submitted The wetland flags were replaced A motion to close and to issue a decision in 21 days was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1254,2192 Turnpike Street(Conroy) (New England Engineering) (cont. from 5/26/04) Ben Osgood of New England Engineering was present Ms McKay stated at the last meeting, the Commission requested some sort of infiltration system to provide treatment and partial infiltration of the increased run-off from the additional impervious areas proposed The plans have been revised to include a catch basin at the end of the driveway and an infiltration trench outleting to a rip rapped apron Mr Osgood stated there would be 6-inch pipe going the catch basin and a wet well containing rip rapped apron A motion to close and to issue a decision in 21 days was made by Mr Lynch, seconded by Mr Mabon Unanimous NACC # 16, 315 Turnpike Street-Monican Boulevard Relocation (Merrimack College)(Sasaki Associates)(cont. from 5/26/04) Robert Coppola of Merrimack College, Tracey Gangi of Sasaki Associates and James Bolduc of Wetlands Preservation, Inc were present Ms McKay discussed that this was approved thru an RDA 5/9/02 I think this would be a good improvement this is a previous disturbed area Mr Masse stated we would have to contact the Andover Conservation Department to see what they are doing with the stormwater management plan in their Town Mr Lynch stated he would talk to the Conservation Department in Andover Ms McKay stated the total work within the buffer zone is approximately 44,695 s f and a decrease of 28,488 s f of impervious overall Mr Coppola stated coming off of Turnpike Street runs straight to the Rodger' s Center with a turn there The sophomore housing in this area the college is trying to make safer for students to walk across Mr Bolduc stated there would be re-vegetation with quality plantings Conservation Seed Mix 25 lbs Per acre, highbush blueberry, northern arrowwood 18-24 inch stock, planted randomly on 8-foot centers, total plants to be planted= 35, red maple 3-to 6-foot stock, planted randomly on 8-foot centers, total plants to be planted= 35 Total footage of buffer zone restoration area to be restored will equal 4,600 square feet The Commission set escrow amount at $ 5,000 for Lisa Eggleston to review stormwater management for the site A motion to continue to June 23, 2004 meeting was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-1252, 315 Turnpike Street-Synthetic Turf Field (Merrimack College) (Sasaki Associates) (cont. from 5/26/04) Robert Coppola of Merrimack College, Tracey Gangi of Sasaki Associates and James Bolduc of Wetland Preservation, Inc were present Ms McKay stated the playing field will be extended closer to the resource area and will be located within the already maintained grassed 25' no- disturb area Although the limit of work is proposed within the 25' no-disturb and along the bordering vegetated wetland limit, no additional vegetated disturbance will occur The limit of the work is proposed along the existing treeline Ms Gangi stated there would be a change size northwest corner the under sized goal post to the other goal post There would be under ground drainage system installed under the Synthetic Turf Field, also the Light Poles would be relocated Mr Bolduc stated the intermittent stream would have riprap installed on the corner Mr McDonough stated the field being in the 25' no-disturbance area is incorrect the Commission would require revised plans The construction of the synthetic field last page of plan topsoil gravel underground and drainage system underground regarding concerns of excavation of soil and removal of the soil Mr Coppola the field hours would be 9 30am to 10 OOpm no more 10 hours a week, most used times are August thru November and March thru April in the College has camp for 2 to 3 weeks Ms McKay stated across the street is the buffer zone no resource impact here Mr Lynch stated the roadway higher than the field should have an alternative analysis done here Also when was the original field installed?A motion to continue to June 23, 2004 meeting, no drainage review was made by Mr McDonough, seconded by Mr Mabon Unanimous 242-1257, 284 Salem Street(Palmer)(Rimmer Environmental) The applicant David Palmer and Mary Rimmer of Rimmer Environmental and William Needham of McKensie Engineering were present Mr McDonough read the legal notice Ms McKay discussed some of the history of this project An existing Order of Conditions (DEP # 242-1104) was issued on 12/12/01 for the expansion, reg4Wding and realignment of the existing driveway, installation of a stormwater infiltration trench, stormwater infiltration system, construction of a retaining wall, 4-foot wood fence,walkway, removal of the existing pool and 5-feet of existing deck,placement of a hot tub on the deck and buffer zone plantings The work is located within the 100' buffer zone, 25' no-disturbance zone, and the 50' no-build zone of a bordering vegetated wetland, as well as within the 200-foot Riverfront area The site is also located within the Watershed Protection District and within estimated habitat At the meeting of 5/26/04, the Commission required that a new Notice of Intent be filed for the proposed changes because of the substantial changes proposed The Notice of Intent needs revising, as several items were not represented appropriately In addition, the applicant did not sign the signature page The comments from Natural Heritage have not been received Mr Needham stated the infiltration system would contain stones installation of geo fabric clamp to dention basin custom sub pump size would be 14-feet wide x 14-feet deep Mr Palmer stated the pool has been removed but need to fill the hole in the ground from the pool being removed Mr Lynch stated the old Order of Conditions open until December of this year The deck is within the 50' no-build zone, the r pool probably in the 50' no-build zone needs to verify if building permit was issued for pool The retaining wall and fence are barriers for the protection of the wetlands The drainage problems are the Town of North Andover the driveway apron building up a berm, sidewalk not going by this house The driveway would have to be done by a snow blower not snow plowed by a truck The versa-lock wall would be 2-feet '/2 the wall needs to be a little bit higher There should be soil information submitted here A motion to continue to June 23, 2004 meeting to get results from Natural Heritage was made by Mr Mabon, seconded by Mr Lynch Unanimous Decisions 242-1242, 52 Bannon Drive (Cry) Giles) A motion to set the bond amount at $ 3,000 and to remove shed was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-1246,316 Johnson Street (Reilly)(Merrimack Engineering) A motion to set the bond amount at $ 3,000 was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1247, Greene Street, Kenwood Street, & Mass.Ave.(Capital Group Properties)(Seekamp Environmental Consulting, Inc.) A motion to transfer the money from DEP# 242-1025 expired order of the amount$ 125,000 to supercedmg Order of Conditions DEP# 242-1247 no release of any bond money was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-1249, Sutton Hill Road,Peters Street, & Wood Lane Water Main Replacement (DPW)(Weston & Sampson) A motion to set the bond amount at $ 2,000 was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1232, 1003 Osgood Street(Thomas Properties,LLC) (West Environmental) A motion to set the bond amount at$ 10,000 was made by Mr Lynch, seconded by Mr Mabon A motion to adjourn the meeting at 11:00pm was made by Mr. Mahon, seconded by Mr. McDonough. Unanimous. F y Y Conservation Commission Meeting Minutes June 23, 2004 r 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, Interim Conservation Administrator, Donna Wedge, Conservation Secretary Meeting came to Order at: 7:10pm Quorum Present. General Business 242-1113, COC, 934 Salem Street (Crabtree)(New England Engineering) Ben Osgood of New England Engineering was present Ms McKay discussed some of the history of the project The Order of Conditions was issued on 12/12/01 fouthe installation or a sewer force main within the buffer zone to a bordering vegetated wetland and within the 25 feet no-Disturbance Zone Former Administrator issued an Enforcement Order in August of 2002 for many violations to existing Order 13 were noted The Enforcement Order was never complied with In addition to these violations, unauthorized clearing and filling activities were observed along the slope of the driveway in close proximately to the wetland resource area The Enforcement Order mandated complete compliance with the Order of Conditions and the restoration and removal of all unauthorized fill material located within the 25-foot No- Disturbance Zone The Enforcement Order also required the following immediate measures 1 Installation of erosion controls along the driveway shoulders—erosion controls were installed 2 Removal of all unauthorized stable fill along the driveway shoulders and loaming, seeding, and planting the slopes with woody vegetation—None of these items were complied with 3 Posting of a DEP sign—this has been completed 4 Hiring a wetland scientist to act as a designated Erosion Control Monitor and the submission of the name and phone number of the Erosion Control Monitor there is no records in the file indicating compliance to this requirement 5 Submission of an existing conditions monitoring report and restoration plan for altered areas along the slope driveway by Erosion Control Monitor—Nothing has been submitted in this regard In addition, a fine of$ 300 was levied There is no evidence that this was ever paid Mr Manzi stated this filing is not approval at this time Mr Osgood stated the applicant had the sewer line put in the contractor filled and piled up along Flag A2, A3, and B2 The Enforcement Order issued was to remove the fill he had cut some woody vegetation down The applicant has some mulch by the driveway would be planting flowers Ms McKay stated she has concerns that the fine was never paid A motion to deny COC require restoration plan and planting plan was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-971, COC, 15 Forest Street(Cassell)(New England Engineering) Ben Osgood of New England Engineering and the applicant James Cassell were present Ms McKay discussed some of the history of this filing The Order of Conditions was issued on July 21, 1999 for the replacement of a septic system within the buffer zone of a bordering vegetated wetland The as-built plans are in conformance with the proposed plans The site is stable there are no issues A motion to issue COC and bond release was made by Mr Mabon, seconded by Mr Manzi Unanimous Decisions were done in the time between General Business and Public Hearings. Albert Manzi left the meeting at 9:30pm Recess 5 mins Public Hearings 8:00pm Requests for Determination of Applicability (RDA) 15 Nutmeg Lane (Pope)(New England Engineering) Ben Osgood of New England Engineering was present Mr McDonough read the legal notice Ms McKay stated the filing is for construction of a deck on sonotubes footings to the rear of an existing single-family dwelling within the buffer zone to an isolated vegetated wetland A stormwater treatment area is also located on the property Under the regulations,these areas are not considered wetland resource areas and are not jurisdictional The lot was constructed as part of Abbott Village Subdivision (242-784) The proposed work is to be by manual labor No machinery is required as proposed The addition is proposed at 90 feet from the closest wetland boundary All setbacks are met as proposed Erosion controls are proposed A note on the plan indicates that the wetland location and topography were taken from the Abbott Village plans During the boundary review, it appears that the boundary was not re-delineated as boundary stakes were noted a few feet inside of the resource area and not along its exact boundary Because a change in a few feet would not affect the project, I recommend approval, but not for the wetland boundary as depicted Mr Manzi stated is the difference 2-feet plus or minus Ms McKay stated yes it is only 2-feet plus or minus A motion to issue a negative determination with conditions was made by Mr Mabon, seconded by Mr Manzi Unanimous Abbreviated Notice of Resource Area Delineation (s) 242-1256, Summer Street& Mollytowne (Gillen)(Christiansen & Sergi,Inc.)(cont. from 6/9/04). Leah Basbanes of Basbanes Wetlands Consulting Associates was present Ms McKay discussed the filing is for the confirmation of the wetland resource area boundary only Staff reviewed the wetland boundary with Leah Basbanes and noted several flag changes In addition, it was observed that an ephemeral pool appears to exist within the bordering vegetated wetland Staff recommended the limits of the pool be surveyed on the plan and adding a notation indicating the Ephemeral Pool Revised plans were submitted on June 22 (after the 7-day filing deadline), which reflect the flag changes and the edge of the water limits However, there is no indication