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HomeMy WebLinkAbout2004-08-11 Conservation Commission Minutes Conservation Commission Meeting Minutes August 11,2004 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 Administrator,Donna Wedge, Conservation Secretary Meeting came to Order at: 7:10pm Quorum Present. General Business 242-158, PCOC,Lot 3B Bear Hill (441)(Soghigian) Attorney Linda Nutting Cummings was present Ms McKay states the Order of Conditions issued in June 1982 A portion of the approved detention pond exists on this property A drainpipe and riprap swale leading to the pond and the outlet structure are also included on the property (see copy of lot from as-built Plan of the Dentin Pond, dated 12/1/86) Non- Jurisdictional lot at the time of approval Pond and existing swale may now be ajurisdictional resource area 1986 As-built plan appears to show accurate house footprint No conditions related to this lot in Order The site is stable The Commission was questioning the as-built plan is this lot 3 or lot313 Mrs Cummings states a partial release was filed for lot 3B in 1993, probably the applicant never took to the registry of deeds to release the lot 313 from the Order of Conditions The Commission was satisfied after Mrs Cummings mentioned about the release of the lot 3B at registry of deeds Present to vote, Scott Masse, Albert Manzi, Joseph Lynch, Jack Mabon, Sean McDonough A motion to issue the PCOC for Lot 3B only was made by Mr Lynch, seconded by Mr Manzi Unanimous NACC # 15, COC, 55 Turtle Lane (Laubinger)(MLDC) The applicant Mr Edward Laubinger was present Ms McKay states the Order of Conditions issued on 5/3/04 for landscaping activities within the buffer zone to a bordering vegetated wetland The Engineering letter and as-built plans submitted In compliance with the Order of Conditions Monitoring reports submitted The site is stable in all jurisdictional areas Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Jack Mabon, and Sean McDonough A motion to issue COC and bond release was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-985, PCOC,Lot A Forest Street (Joyce)(Christiansen & Sergi/Epsilon) No one was present Ms McKay states the Order of Conditions was issued 11/4/99 for construction of two single-family dwellings in addition to 2,634 s f of buffer zone restoration An in house modification approved to increase final restoration area to 4, 060 s f The as-built plan reflects this modification In house modification approved by former administrator The as- built plan reflects approvals The bond posted total $ 13, 902 ($ 3,000/home (2) & $ 7,902 for restoration @ $ 3/s f) Lot B received PCOC 11/21/02 Lot A had buffer zone enhancement area The enhancement area originally completed in 2000 In the spring of 2003, the former Administrator observed that several plantings had not survived Plantings were replaced shortly thereafter The as-built plans and letter submitted by engineer Final buffer zone enhancement area inspection report by Epsilon The staff also verified the vitality of the enhancement area The site is stable Mr Lynch states the as-built plan is 2001 The Commission needs somebody to got out to the property re-survey and do as-built plans and re-submitted to The Commission requires to see actually what is out in the field Ms McKay states the driveway at Lot B was paved previous Administrator mailed letter to homeowner of Lot B to allow paved driveway The homeowner of Lot A called requesting if she could pave her driveway I talked to the homeowner about this stated to her the hot top company would have to keep in same footprint as the gravel driveway Mr Manzi states a paved driveway has to be pitched properly if not could cause major run-off in areas of the wetland Also pavement has chemicals in hot top for a whole year Present to vote Scott Masse,Albert Manzi, Joseph Lynch, Jack Mabon, and Sean McDonough A motion to deny the PCOC for Lot A inaccuracy of the as-built plans, was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1252, Modification, 315 Turnpike Street-Merrimack College Synthetic Turf Field (Merrimack College)(Wetlands Preservation Inc.) The Applicant Robert Coppola of Merrimack College and James Bolduc of Wetlands Preservation, Inc was present Ms McKay states the modification is to allow omission of condition# 58,which states, "the field shall be surrounded by a 3 to 4 foot high vinyl coated chain link fence located immediately adjacent to and along the perimeter of the field In addition, the modification is being requested to omit references to the fence in conditions# 28 and# 32 respectively The modification is being requested as the installation of a chain link fence or any fence for the matter would pose a safety concern for the users and restrict the player's ability to use the field Mr Lynch states the field is 130 yards wide and length 375 yards you should have plenty of runoff space here Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Jack Mabon, and Sean McDonough A motion to continue to August 25, 2004 meeting was made by Mr Lynch, seconded by Mr Mabon Unanimous Project Update 242-1185, Lincoln Lab Line-Vegetation Plan Ms McKay states they submitted planting plan but it does not mention anything about the woody plantings, which The Commission required some woody vegetation and this is not noted in plan Mr Masse states call them and have them submit exactly what The Conservation Commission states in our planting plan do not go by what Patrick Seekamp submitted to you he is working for Massachusetts Electric Company Public Hearings 8:15pm. No Recess c Abbreviated Notice of Intent 242-0000, 55 Amberville Road (Martin)(Gouveia) No one was present The applicant is still working with DEP Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Jack Mabon, and Sean McDonough A motion to continue to August 25, 2004 meeting was made by Mr Lynch, seconded by Mr Manzi Unanimous Request For Determination of Applicability 1580 Salem Street(Sears) (New England Engineering)(Request to cont.,to 8/25/04) No one was present Ms McKay states the staff met with Ben Osgood Jr to determine limit of the wetland at flag A-1 The applicant request to continue to August 25, 2004 Present to vote Scott Masse, Albert Manzi, Joseph Lynch, and Jack Mabon, Sean McDonough A motion to continue to August 25, 2004 meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous 100 Cricket Lane (Lynch)(Starb o ard Design/Build)) Joseph McKeown of Starboard Design/Build was present Mr McDonough read the legal notice Ms McKay states the filing is for removal of an existing elevated deck to replace with a below grade single car garage with deck above, the installation of roof drain leach pit with associated grading, driveway extension, and a retaining wall in the buffer zone to a bordering vegetated wetland This is part of Walnut Ridge Development, file DEP # 242-904, Lot 10 The Order of Conditions was issued 7/16/98 The COC for all lots (1-8 & 10) was issued in October of 2001 During my field review (prior to looking at the Walnut Ridge filing) I found no flags delineating the resource area for review I noted that the resource area appeared to have characteristics of a Vernal Pool Upon further review of the in-house files, it appears that the boundaries of the resource area were imposed from the as-built plan as it matches other as-built plans In addition, the resource area was documented and certified as a Vernal Pool The site is within estimated habitat will have to be reviewed by Natural Heritage for review Mr Manzi states this filing has to be a Notice of Intent The Commission discussed what they should do with this filing a positive determination or have the applicant withdraw without prejudice The applicant withdraws with out prejudice Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Jack Mabon, and Sean McDonough Notice of Intent (s) 242-1263, 85 Flagship Drive(Lyons)(Giles Surveying)(cont. from 7/14/04) The applicant Lawrence Lyons was present Ms McKay states the staff met with the applicant to discuss the items needed to move forward Specifically, to depict the resource area and associated buffer zones to the northeast of the property on the plan Revised plans were submitted in this regard Richelle Denney of Arrow Environmental submitted a report to discuss whether portions of the northeasterly swale should be considered jurisdictional (see report dated 8/11/04) The letter from Richelle Denney states her opinion that the swale needs to be maintained as it has been historically done (and the reason it created originally with the construction of the building) In addition, purple loosestrife is so invasive, that the mature plants have semi-woody roots, which can grow underneath pavement, therefore cracking it and taking over if not maintained You should discuss your research of different control methods with the Commission as well as what has worked for you over time (weed whacking and mulching) Mr Lynch states this is a non jurisdictional swale best management plan Present to vote Scott Masse, Albert Manzi,Joseph Lynch, Jack Mabon, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1264, Massachusetts Avenue,Andover Street, Osgood Street and Salem/Johnson Street Junction (North Andover Old Center) (Town of North Andover) (Guertin Elkerton & Associates)(cont. from 7/14/04) William Hmurciak of The Department of Public Works and Jack Sullivan Town Engineer, Bill Finn of Guertin Elkerton& Associates and Kelley Conway of Guertin Elkerton&Associates were present Mr Masse states we need to make a vote to certify the applicant would be following The North Andover Wetlands Protection Bylaw A motion to require the filing to follow The North Andover Wetland Protect Bylaw and to require local filing fee be paid to the town was made by Mr Manzi, seconded by Mr Mabon 3 to 1 Vote Mr Lynch would not vote A motion to set up escrow account for the amount of$ 2,500 was made by Mr Manzi, seconded by Mr Lynch Unanimous Ms McKay states the revised 11 x 17' plan sheets 20, 22,24, 28, & 31 were submitted only The plans show additional resource areas and associated bordering vegetated wetlands, all buffer zones, and areas where erosion controls were extended In comparison to the originally submitted plans, several areas where the erosion controls should be extended to the 100' buffer zones in all areas were not depicted on the revised plans plan sheets In addition, staff recommends full size final revised plans incorporating all approved changes and any other pertinent items as discussed(i e -enhancement planting area and specification, ect)prior to issuance of a decision The area behind Johnson Street was shown on the state aerial photomaps, which could potentially be ajurisdictional area not shown on the plans (sheet 33) The revised letter from Guertin Elkerton dated 8/4/04 indicates that a waiver from the 25' no- disturbance area is still being requested The alternative analyses were submitted for all areas where work is proposed within the 25' no-disturb and structures (outlets/drains) within the 50' Lisa Eggleston performed additional review based on latest information and revised documents The letter from Natural Heritage received indicating that the project does not occur in an Estimated Habitat of Rare Wildlife Lisa Eggleston's review dated 8/4/04 indicates that based on the submission the project appears to meet the definition of a redevelopment project, therefore must provide the highest practicable level of stormwater treatment and strict compliance with the 9-stormwater management standards is not required Lisa Eggleston second review letter dated 8/10/04 indicates that the applicant had not had the opportunity to respond to her previous comment letter and states that some issues identified in her revised letter were updated and revised based on any new information and submittals received Many comments were documented such items need to be adequately addressed by applicant Mr Masse states we were told this project had to be approved by September 1, 2004 Ms Conway states the project had to be sent to MEPA This project would be done on the States budget for 2005 Mr. Manzi left the meeting at 9:30pm. Present to Vote Scott Masse, Joseph Lynch, Jack Mabon, and Sean McDonough A motion to continue to August 25, 2004 meeting for stormwater/other revisions was made by Mr Mabon, seconded by Mr McDonough i 242-1265,Wood Ridge Drive (Barkan Management Company,Inc.-Waldrop)(Merrimack Engineering)(cont. from 8/4/04)(Request to cant. to 8/25/04) No one was present A motion to continue to August 25, 2004 meeting was made by Mr Lynch, seconded by Mr Mabon 242-1267,612 Salem Street (PJS Realty Trust)(Christiansen & Sergi, Inc.) James Bolduc of Wetlands Preservation, Inc was present Mr McDonough read the legal notice Ms McKay states this area was corrected on the revised plan However revised plans show new area up gradient to flags B-6 & B-7 where erosion controls encroach into the 25' no-disturbance area The plans were revised to a 20' scale One detail was corrected on the revised plan, the other was not(can be conditioned/noted in the Order) The wetland boundary reviewed with several changes to the resource area boundary The revised plans have been submitted to include the boundary/buffer zone changes deck/walkways not shown on house footprint Any change/addition to proposed conditions would require a modification under this filing or a separate filing if OOC receives compliance or has expired The Commission may want to consider some sort of physical barrier along the limit of the to discourage future encroachment into the 25' no-disturb zone Mr Lynch states need to install overflow pipe so heavy runoff in does not run into the 25' no-disturbance area A fiscal barrier of a stonewall or boulder wall would be an excellent idea An Abutter Tracy Dresanti 598 Salem Street was present Ms McKay states if there is a deck planed in the future this would need a whole new filing of a NOI Present to Vote Scott Masse, Joseph Lynch, Jack Mabon, and Sean McDonough A motion to continue to August 25, 2004 meeting was made by Mr Lynch, seconded by Mr Mabon Decisions 242-1262,240 Charles Street-Greater Lawrence Sanitary District Present to Vote Scott Masse, Joseph Lynch, Jack Mabon and Sean McDonough A motion to accept as drafted the Order of Conditions was made by Mr Mabon, seconded by Mr Lynch 242-1266, 1094 Salem Street (Stringer) Present to Vote Scott Masse, Joseph Lynch, Jack Mabon and Sean McDonough A motion to accept as drafted the Order of Conditions and bond amount set at $ 2000 was made by Mr Mabon, seconded by Mr Lynch A motion to adjourn the meeting at 11:OOpm was made by Mr. Lynch, seconded by Mr. Mabon.