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HomeMy WebLinkAbout2004-07-14 Conservation Commission Minutes ,t Conservation Commission Meeting Minutes July 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, Interim Conservation Administrator, Donna Wedge, Conservation Secretary Meeting came to Order at 7:05pm Quorum Present. General Business 242-266, PCOC,Lot 13 Campion Hall/Hardtcourt Estates-95 Campion Road (Papapetros) No one was present Ms McKay discussed some of the history of the project The old project the Order of Conditions was issued in May of 1985 Order of Conditions states permit for drainage facilities associated with Lots 9 & 10 only(condition# 13) however other language in the files claim development of a 22 lot subdivision no COC in the file or as-builts, 1 PCOC for lot 14A back in 1993 and 1 PCOC issued for lots 5 & 6 in 2002 Cyr Engineering and Christianson Engineering worked on project As built was to reflect elevations of all drainage ways within 350 feet from any area subject to the Wetlands Protection Act The correspondence in the file claims Laudam purchased the land in the 80's The site was reviewed site stabilized and no wetlands identified within 100 feet of the property Mr McDonough stated there is a better idea to clean up the old file with the developer Mr Lynch stated the Developer should submit the as-built plans to clean up the file A motion to issue a PCOC for lot 13 only was made by Mr Lynch, seconded by Mr Manzi 3 to 1 Vote 242-0056,Lot 13A- 19 Paddock Lane(Collamore) The applicant Robert Collamore was present Ms McKay stated at the last meeting the owner discussed the need for a PCOC release for the property to resolve a land swap transaction with his neighbor The file is extremely old(1979) No COC or as-built in file The home was proposed approximately 40' from the wetland and 20' from what appears to be perennial stream I reviewed the site, the site is stable and found no major discrepancy from the approved plan Maintained lawn follows along both sides of the stream bank to the rear of the lot and significant stockpiles of grass clippings along the banks A motion to issue the PCOC for Lot 13A only was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1162,Modification, 10 Commerce Way(Grasso) (Hancock Associates) Thomas J Keough, Jr of Hancock Associates was present Ms McKay discussed some of the history of the project The Order of Conditions was issued in March of 2003 for the expansion of a parking lot and driveway with associated drainage improvements for a proposed car wash facility using the existing building within the buffer zone to a bordering vegetated wetland The pre-construction meeting was held on June of this year The modification is for the installation of an 8'x 10' transformer pad and two utility lines to tie in to an existing utility pole across the street The proposed transformer pad is proposed within the 50' No-Build Zone and is approximately 35' from the wetland resource area Are there any other alternative locations outside of the 50'?I approved, erosion controls need to be extended to wrap around the new work limit Mr Keough stated the Order of Conditions was issued but after that Massachusetts Electric would let them tie into the pole Mr Lynch stated the lines going under ground the south of the building 31' over 31' conduit in the front left hand side of the building you might lose parking space alternative analysis and an amendment to the Order of Condition would have to be done here The Commission discussed the best thing to do here is to require an alternative analysis and amendment to the Order of Conditions A motion to have the applicant re-open public hearing do Amendment to the Order of Conditions was made by Mr Manzi, seconded by Mr Lynch A motion to require alternative analysis was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-821,Modification,Lot 8B Summer Street-#380 Summer Street(New England Engineering Services, Inc.) The applicant Mark Rea and Ben Osgood of New England Engineering were present Ms McKay discussed some of the history of the project The Order was issued on 9/19/96 for the construction of a single family home, driveway, foundation drain, regarding, and utilities within the buffer zone to a bordering vegetated wetland The COC was requested twice previously, in 1998 & in 2000 The minutes of the COC request in 2000 state that the 25/50 foot setbacks were met and the house is located 51' feet from the wetland as proposed It was reported that there were no violations on the site and the site was stable The minutes state that previous As-Built plans were submitted at a 40- foot scale The Commission requested to see 20-foot scale plan to match the record plan However, upon review record plan are 40-foot scale, but condition 10 of the Order states that the applicant shall submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location prior to the issuance of a COC No previously mentioned as-builts were found in the file New England Engineering modification Plan is 20-foot scale, but cannot be overlaid to the record drawing The record drawing required drywell and infiltration trench, new plan doses not show as built elevations of the drywell as required under condition 39 (only relevant to modification if different because COC not being requested) The minutes state Mr Mansour raised the issue of the front walkway being within the 50 foot Also questioned in the 2000 minutes were questions related to grading changes did occur in this location A deck is shown on the plan the deck is within the buffer zone and was not proposed under the filing Additional changes include a small retaining wall was added along the edge of the driveway and a landscape fence was added in the front yard Mr Osgood stated he wanted to submit a modification to show all the changes on the as-built plans the vegetation has really grown in very well site very overgrown Mr Rea stated they were monitoring inspections weekly when work was going on till project was completed The walkway was approved 5 to 6 years a go should not be an issue The Applicant withdraws the modification with out prejudice The Conservation Commission is discussing what they might do with this project A motion to continue to August 4, 2004 meeting was made by Mr Lynch, seconded Mr Mabon for discussion Mr Manzi stated seize all the bond money and interest to issue COC on this project violation was 5-feet x 20-feet A motion to have the applicant gift $ 3,000 bond and interest to the Conservation Commission was made by Mr Manzi, seconded by Mr Mabon 3 to 1 Vote The Conservation Commission surrenders the apparent violation A motion to issue COC the applicant gifted the $ 3000 Bond plus the interest to the Conservation Commission was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1209, Modification, 139 Olympic Lane (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 in July of 2003 for the replacement septic system in the buffer zone to a bordering vegetated wetland and Riverfront area of Boston Brook The modification is for the installation of an above ground pool and associated grading in the rear yard The pool is proposed at 52' from the edge of the wetland Erosion controls are proposed The replacement of the septic system has been completed The existing driveway is within the 25-feet No-Disturbance Area The existing shed is within the 50/25 zones this was mentioned in the recommendations/minutes for the septic review, however the Commission did not require its removal to a different location to meet the setbacks the house was constructed prior to the implementation of the Bylaw No building permit found for the shed Upon site inspection, I could not locate some of the wetland flagging The last flag shown on the plan is A7 and doses not extend towards the rear of the property where the pool is proposed because the approved septic was located in the front The wetland line and buffer zones should be extended appropriately to the rear The river or riverfront setbacks not shown on the plan The elevation 95 is identified flood elevation Commission can approve under same order, but feel that an amendment is more appropriate in this case Mr Osgood withdraws the request for a modification A motion to continue to August 4, 2004 meeting for plan revisions showing riverfront and elevation and amendment to the Order of Conditions was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1093, Extension,65 Flagship Drive (Ranger Development) (Epsilon Associates) No one was present Ms McKay discussed some of the history of the project The Order was issued on August 15, 2001 and expires August 15, 2004 respectively The approved work included the construction of a 9,100 s f addition to an existing commercial facility with associated parking, utilities and stormwater management system No work has commenced on site, although tree clearing and grubbing activities have occurred The silt fence is erected round the limit of work, but may not be trenched Staff was not unable to re-confirm the wetland boundary Epsilon Associates delineated the wetland boundary and upon a quick review the boundary appears to be straightforward A motion to continue to August 4, 2004 meeting to review the wetland line was made by Mr Mabon, seconded by Mr Manzi Unanimous No Recess Public Hearings 8:50pm. Abbreviated Notice of Resource Area Delineation (s) 242-1256, Summer Street & Mollytowne Road (Gillen)(Christiansen & Sergi, Inc.)(Cont. from 6/23/04)(Request to cont. to 7/28/04) No one was present Ms McKay stated at the last meeting the Commission required escrow in the amount of$ 1,000 to be set up to review the wetland boundary The escrow account was just posted this week,which did not allow staff to set up a site visit with outside consultant The applicant is aware of the circumstances and has requested a continuance to the meeting of 8/4/04 to complete the review A motion to continue to August 4, 2004 meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous Abbreviated Notice of Intent 242-0000, 55 Amberville Road (Martin)(Gouveia) No one was present Ms McKay stated still no DEP#the applicants engineer and Donna have been working to get this resolved, the original paperwork was not sent to the correct office at DEP and there may have been confusion on where the state fee was supposed to be sent A motion to continue to August 4,2004 meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous Notice of Intent(s) 242-1208, Foster Farm Elementary School(North Andover Building Committee)(DiNisco Design)(cont. from 10/22/03) No one was present Ms McKay stated the decision has not yet been drafted A motion to continue to August 25, 2004 meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-1260, 72 Sugarcane Lane (Curtin)(New England Engineering) Ben Osgood of New England Engineering was present Ms McKay stated the revised plans have been submitted reflecting these changes DEP file #and Natural Heritage comments received will not adversely affect actual habitat of the state protected rare wildlife species A motion to close and issue a decision in 21 days was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1259, 90 Tucker Farm Road (Raymond)(New England Engineering) The applicant Anthony Raymond and Ben Osgood of New England Engineering were present Mr Masse an abutter has no conflict Mr Terry Holland an abutter was present Ms McKay stated the file number has been received The wetland was reviewed with Ben Osgood Jr and soil testing indicates that the area between flag A2 and A5 had been (approx 350 s f), as A layer was buried a good 6-12" It is unclear as to when filling activities had occurred, Compliance letter dated June 14, 1990 and Mr Osgood indicated that the current owner moved in June of 1991 Both proposed and existing deck/addition would now be within the 50' no-build zone The revised plans were submitted today showing the filled area A motion to continue to August 4, 2004 meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-1261, Cotuit Street & Leyden Street(Burke)(New England Engineering)(Request to cont. 8/4/04) Ben Osgood of New England Engineering was present Mr Lynch an abutter has no conflict Ms McKay stated the DEP number has been issued The wetland boundary was reviewed with the Commission's third party review(Seekamp Environmental) and myself on 7/8/04, upon this review there were several areas where the line is likely to be accurate Bruce Gildea delineated the wetland line for New England Engineering, who was not present during the review as was intended Seekamp recommends that all parties revisit the site to come to an agreement on the boundary In addition, no wetland boundary report/data forms were included in the application and are necessary for further review as concluded by Seekamp and myself I have requested these reports twice since our site review and have not received them to date A letter from abutter received 7/12/04 regarding drainage concerns at the site The applicant has requested continuance in writing to 8/4/04 A motion to continue to August 4, 2004 meeting was made by Mr Manzi, seconded by Mr Mabon, Mr Lynch abstained from voting 242-1258, 44 & 50 Woodlea Road (Garger)(New England Engineering)(Request to cont. to 8/4/04) Ben Osgood of New England Engineering was present Ms McKay stated the wetland line was reviewed and not approved The DEP number has been issued Leah Basbanes was hired to re-delineate the wetland line but has not been able to review the site as of yet The applicant is requesting a continuance to the meeting on August 4, 2004 A motion to continue to August 4, 2004 meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-1262, 240 Charles Street- (Greater Lawrence Sanitary District)(GLSD)(ENSR) The applicant Richard Weare of the Greater Lawrence Sanitary District, Brenda Bhatti of ENSR were present Ms McKay stated the wetland boundary has been reviewed and approved Escrow has been set up and Lisa Eggleston completed her first review, which was faxed to the office on the night of 7/9/04 She had several comments for the applicant to address (see comment letter) The applicant is working on addressing Lisa' s comments The DEP number has been issued Rick Pierce would submit revised plans by July 28, 2004 for the August 4, 2004 meeting A motion to continue to August 4, 2004 meeting for revised plans from Lisa' s comments was made by Mr Manzi, seconded by Mr Mabon Unanimous Albert Manzi Left the meeting at: 10:15pm f 242-0000, 85 Flagship Drive (Lyons)(Giles Surveying) The applicant Larry Lyons and Scott Giles of Giles Surveying were present Mr McDonough read the legal notice Ms McKay stated the filing was issued as mandated in the Enforcement Order issued on April 23, 2004 for work activities associated with parking and drainage improvements within jurisdictional areas and its associated buffer zone Some of the work already done, other work is proposed Application not clear Enforcement Order required Notice of Intent to be filed by May 13, 2004, as well as Wetland Restoration Report and Restoration plan Restoration/mitigation report/plans were not included with the application Administrator approved extension of application submission to 6/10/04 only with all requirements to be submitted A fine for $ 100 a day until restoration completed and approved by NACC The Notice of Intent with no Restoration report submitted on 7/l/04 The wetlands were delineated by Richelle Denney and have been reviewed There were several minor changes have been relayed to the Engineer The revised plans have not been received Administrator has since discovered that the additional wetlands and buffer zone associated with the resource area at#65 Flagship Drive may have impact to the project These areas are not shown on the plan Riprap and other unauthorized areas within the resource area and the 25' shall be removed and restored The site is in need of clean up and resource area improvement as well as proposed drainage and parking improvements I would recommend that a environmental firm be hired to look at the project for a more egregious application to include mitigation efforts No DEP number issued yet Mr Masse stated this was a broken pipe that needs to be replaced Mr Lyons stated there are 250 employees working in this building and we had to fix the broken pipe right away we could not wart could of been flooding in the building Mr Lynch stated the grading in here would required Environmental Monitor be on site before the work even starts The Commission discussed the amount of work wanted to be done here should be a modification for every faze of work being done here A motion to continue to August 4, 2004 meeting was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-0000,Mass Ave,Andover Street, Osgood Street and Salem/Johnson Street Junction (North Andover Old Center)(Guertin Elkerton & Associates) Jack Sullivan Town Engineer, Eric Carlson of Guertin Elkerton& Associates and Bill Finn a Wetland Consultant was present Mr McDonough read the legal notice Ms McKay stated the Old Town Center improvement project funded by Ma Highway Department The filing is for the construction and improvements to existing roadways, installation of sidewalk, curbing, berms, traffic signals, and associated signage, drainage system improvements, construction of a roundabout, landscaping activities, and other associated improvement activities within the buffer zone to a bordering vegetated wetlands, associated intermittent streams and an isolated vegetated wetland The project design was extremely coordinated with the Town' s underground utility project, which was recently approved by Conservation (242-1231) The wetland boundaries were virtually within the same limits of the underground utility project, prepared by ENSR, were adopted and used for this project There were no local filing fees submitted- exempt for Town maintenance repair The cover letter states the filing is also exempt from local Bylaw The project considered a limited project under the WPA Stormwater management required must set up escrow account Mr Sullivan stated this is the second phase of the Project Old Center The Ma Highway is funding the project we need to close by September 1, 2004 to get the 3 2 million dollar project state paying for project Mr Lynch stated if the 25 feet No-Disturbance Zone the Commission would require enhancement planting along any work being done in the 25-feet No-disturbance areas Mr Masse stated this project has to follow our local North Andover Bylaw Requirements Mr Lynch stated the Commission would require stormwater management to control flows dentin basins if high water areas A motion to continue to August 4, 2004 meeting was made by Mr Lynch, seconded by Mr McDonough Unanimous Decisions 242-1250,Adams Ave. Drainage Improvement Project (DPW)(Weston & Sampson) A motion to accept as drafted the Order of Conditions was made by Mr Mabon, seconded by Mr Lynch I NACC # 16,315 Turnpike Street-Monican Boulevard Relocation (Merrimack College) (Sasaki Associates) A motion to accept as drafted the Order of Conditions was made by Mr Mabon, seconded by Mr Lynch 242-1252,315 Turnpike Street-Synthetic Turf Field (Merrimack College)(Sasaki Associates) A motion to accept, as drafted Mr McDonough wants a fence installed at the wetland line around the field amended including fence in Order of Conditions was made by Mr McDonough, seconded by Mr Mabon 242-1257,284 Salem Street (Palmer) (Rimmer Environmental) A motion to set the Bond amount at $ 5,000 and accept as drafted the Order of Conditions was made by Mr Lynch, seconded by Mr Mabon 3 to 1 Vote A motion to adjourn the meeting at 11:40pm was made by Mr. McDonough, seconded by Mr. Lynch.