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HomeMy WebLinkAbout2004-08-25 Conservation Commission Minutes Conservation Commission Meeting Minutes August 25,2004 Members Present: Scott Masse, Chairman,Albert Manzi, Jr , Vice Chairman, Deborah Feltovic, Sean F McDonough, (Joseph W Lynch, Jr , arrived at 7 30 pm) Members Absent: John J Mabon, Beth Wescott Staff Members Present: Alison E McKay, Conservation Administrator, Donna Wedge, Conservation Secretary Meeting came to Order at 7:15pm Quorum Present. General Business 242-1209,Amendment, 139 Olympic Lane (Ferraguto)New England Engineering) Ben Osgood of New England Engineering Services, Inc was present Ms McKay states the plans have been revised to accommodate an in ground pool as discussed at the last hearing The revised plans comply with setbacks and are adequate Mr McDonough states at the last hearing the Commission wanted at fence at the 25' no-disturbance area Mr Osgood states there would be 4-foot fence around the pool The Town would not require two fences The pool would have a filter cartridge and the deck would concrete around the pool area The shed would be moved or removed Present to vote Scott Masse, Deborah Feltovic, Albert Manzi, and Sean McDonough A motion to close and issue a decision in 21 days for the Amendment to The Order of Conditions was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1252, Modification,315 Turnpike Street-Merrimack College Synthetic Turf Field (Merrimack College)(WPI)(cont. from 8/11/04)(Request to Cont. to 9/8/04) No one was present Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, and Sean McDonough A motion to continue to September 8, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1045, Modification, 675 Chickering Road (North Andover High School)(Schofield Brothers Fredric King of Schofield Brothers was present Ms McKay states the applicant is requesting a modification for the installation of three landscape berms at abutting properties at 584 and 586 Osgood Street for the purposes of visual screening for the homes The landscaped berms are part of an agreement that was made between the applicant and the homeowners The original project approved the transplanting of some pine trees from High School site to these for visual screening The planting was completed and the berm construction is being proposed for additional visual screening The berms will further landscaped with white pine trees and seeded with conservation mix containing native grasses, wildflowers and shrub species with wildlife value The berms will be constructed outside of the 25' No-Disturbance Zone The 2 plans sets submitted 50' scale and 20' scale An additional plan detail for the berm grading and planting specifications were included as attached to the modification letter The silt fence is proposed only The silt fence and haybales should be both noted on the plans Although no erosion control t detail is shown on the plan, note 3 on the submitted plan references information on the installation,maintenance requirements, and erosion control details Although some existing lawn area will be eliminated, benefiting the area, significant portions of the work is proposed within extremely densely vegetated areas,where wildlife appears to already be abundant For this reason, I would recommend that this tree line be depicted on the plans Temporary access routes are noted on the plan from each easement area I question whether these routes are located in the most favorable location In addition, how were the locations of the easement determined? Can l the berms be better situated on the site to meet the intent without losing existing naturally vegetated areas?It doesn't seem to make sense to cut and disturb a naturally dense vegetated area to replace it with another Mr King states the cost to the Town of North Andover would be around $ 20,000 dollars Mr Masse states he wants to see the paperwork on the agreement between the Abutters and Town Counsel Mr Manzi states this has been worked on for a while why are we always getting request for modification about the High School at the last minute Why disturb a perfectly naturally habit thickly cover vegetation area The Abutters have lived there for years and they looked at the Old High School and McDonalds for years Mr King states the Abutters wants more screen from the lighting Mr Manzi states they have been looking at lights for years Mr Lynch states why was the preliminary plans were done by Scott Giles and Richard Kaminski?Mr King states these were the original surveyor and architect for the project Mr Manzi states the dirt is dedicated to this project my opinion is I would deny this project Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to September 8, 2004 meeting was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1195, COC,249 Rea Street (Busanovich) (Neve-Morin Group) No one was present Ms McKay states the Order of Conditions was issued on 5/16/03 for construction of an in ground pool, concrete patio, fence and associated grading in the buffer zone to a bordering vegetated wetland An original request for a COC was submitted in October of 2003, however the site was not completely stable and removal of the landscaping debris per condition# 54 had not been satisfied The applicant has since removed the debris in compliance with the condition and the site is fully stabilized The as-built plans and letter from engineer certifying compliance has been submitted Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to issue the COC and bond release was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1163, COC, 173 Campbell Road(Adams)(Neve-Morin Group) No one was present Ms McKay states the Order of Conditions was issued on 8/30/02 for construction of two additions and a detached garage in the buffer zone to a bordering vegetated wetland An in-house administrative approval was granted for installation of utility services within the existing driveway The as-built plans and letter from engineer certifying compliance submitted The work is in compliance with the Order The as-built overlay with the Record plan indicate minor modification(i e - landscape retaining wall, a stone perimeter drain along the driveway) The additional deck appears to have been added to the east of the existing dwelling A portion of the deck is within the 100' buffer zone The site is stable The commission wants a modification request for the deck, retaining wall, and stone perimeter dram before issuing the COC Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to September 8, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-816, COC, Campbell Forest Subdivision (Mesiti)(Engineering Alliance,Inc.) Edward Callan of Mesiti Development Corporation was present Ms McKay discussed some of the history of the project The applicant is requesting full compliance to include all lots, roadways, utilities, and drainage, and three wetland replication areas The letter from Engineer certifying compliance submitted by Engineering Alliance dated July 26, 2004 The letter of substantial compliance submitted by West Environmental in February of 2004 PCOC's for roadways only, excluding drainage, were granted earlier this year The lots 17-32A remain outstanding The drainage weir plate installation has been completed as proposed and West Environmental submitted status report on the installation on 8/5/04 West does recommend" some continued monitoring of the associated plant communities within the affected wetlands to assure that the original hydrology has not been altered West Environmental also recommends that the as-built elevations (taken at the top of each weir plate and orifice opening) should be provided and compared to plans by,DK Engineering to double check these important elevations A memo from Jack Sullivan, Town Engineer, dated 8/5/04 submitted Memo notes that the weirs at the 3 culvert crossings were installed properly and asserts a favorable recommendation to the Commission for full release of any outstanding bonds associated with the roadways The memo noted that the roadways were accepted as public ways at the May 2004 Town meeting and that any items were completed to satisfy any outstanding DPW requirements In-depth review by staff not completed The full field verification also not complete However, staff has walked the subdivision on many occasions within the past several years and is very familiar with the project The staff feels that based on initial review project appear to be in full compliance Mr Lynch states the drainage calculations dated 2003 need updated information on the drainage calculations before The Commission can release this project There were many issues for years with the abutters of the project a lot of flooding Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to September 8, 2004 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-990, COC, Stonewedge Circle (Mesiti)((Engineering Alliance,Inc.) Edward Callan of Mesiti Development Corporation was present Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to September 8, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous Field Equipment Appropriation Ms McKay states she needs to appropriate money to buy an auger spade amount$ 300 A motion to appropriate$ 300 from the filing fee account was made by Mr Lynch, seconded by Ms Feltovic Unanimous Conservation Associate Position Ms McKay states she picked Pamela Merrill for the Conservation Associate position A motion to accept the hiring of Pamela Merrill for the Position of Conservation Associate was made by Mr Manzi, seconded by Ms Feltovic Unanimous r Public Hearing 8:05pm No recess Abbreviated Notice of Intent 242-0000, 55 Amberville Road (Martin)(Gouveia)(cont. from 6/23/04) No one was present The applicant has resubmitted to DEP still waiting for a call from DEP Present to vote Scott Masse, Albert Manzi,Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to September 8, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1268, 1135 Great Pond Road (Brooks School)(Rist-Frost-Shumway Engineering,P. C.) John Scott of Rist-Frost-Shumway Engineering, P C was present Mr McDonough read the legal notice Ms McKay states the filing is for the construction of a screened porch with associated stairs and stone drip trench to the rear of an existing single-family dwelling (The Goelet House) in the buffer zone to a bordering vegetated wetland Several concrete piers will, support the porch addition The drip trench is proposed to capture roof runoff for infiltration as the site is within the Watershed Protection District A Watershed Special Permit has been filed with the Planning Board There is no grading proposed The wetland is approximately 75' from the proposed work and erosion controls are proposed The site is also within Estimated Habitat and was sent to Natural Heritage for review No comments have been received yet The plans were submitted at a 10' scale I feel that a 10' scale is sufficient for this project, as long as As- built plan are conditioned to be the same The original plans were dated 8/4/04 Staff requested revised plans to include all buffer zones, hay bales & silt fence detail, and a few other minor adjustments Although revised plans were accepted following the Commission' s 7-day policy, staff has had sufficient time to review the changes and is satisfied with the revisions The wetland boundary has been reviewed and approved Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to September 8, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous Requests for Determination of Applicability 1580 Salem Street (Sears)(New England Engineering)(cont. from 8/4/04) Ben Osgood of New England Engineering Services, Inc was present Ms McKay states the staff met with Ben Osgood Jr to determine limit of wetland at flag A-1 as staff in this location questioned the boundary It was determined by soil data that the area up gradient to wetland flag A-1 is an upland area, which was most likely filled at some time (nothing recent)to connect to the wetland area further up gradient The revised plans have been submitted reflecting this finding The staff recommends approving the project as proposed, but noting the circumstances related to the area up gradient to wetland flag A-1 Mr Manzi states this is isolated wetland that does not connect Ms McKay states that is correct Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to issue a negative determination with condition for pre-construction meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous n a 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 Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough Mr Manzi states I oppose to this project keeps continuing did the Commission ever have a decision on this project Mr Masse yes we approved the project last year but by the time the Order of Conditions and two extensions they would all be expired A motion to continue to October 27, 2004 was made by Ms Feltovic, seconded by Mr McDonough Mr Manzi refused to vote 242-1233, Lot 6 Ogunquit Road, Rocky Brook Estates (Breen)(Neve-Morin Group)(cont. from 8/4/04)(Request to cont. to 9/22/04) No one was present Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to September 22, 2004 meeting was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1259, 90 Tucker Farm Road (Raymond)(New England Engineering)(cont. from 8/4/04) The applicant Anthony Raymond and Ben Osgood of New England Engineering Services, Inc was present Ms McKay states at the last meeting,the Commission requested proof that the applicant/owner did not fill the area Mr Osgood states the applicant wants to withdraw from doing the project because he dose not want to spend any more money these projects are very costly Mr Manzi states you could have hired a third party to go out to the property to verify the correct wetland line on your property Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to accept the withdrawal without prejudice was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-1261, Cotuit Street & Leyden Street (Burke)(New England Engineering)(cont. 8/4/04) (Request to Cont. to 9/8/04) Ben Osgood of New England Engineering services, Inc was present Ms McKay states at the last hearing, DEP' s comment was noted to the Commission, which concluded that the project was to meet the Stormwater Management Policy The plans are still being re-designed/adjusted to meet these requirements, therefore the applicant is requesting a continuance to 9/8/04 Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to September 8, 2004 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1258, 44 & 50 Woodlea Road (Garger)(New England Engineering)(cont. from 8/4/04) The applicant Melanie Garger and Angela Mandalinci and Ben Osgood of New England Engineering Services, Inc were present Ms McKay states the flood Elevation is 236 5 but these houses were built in 1996 this filing was not sent to the State because Stormwater Management did not come into effect until 1997 Mr Manzi states were the wetland line fine out here? Ms McKay states I reviewed the wetland line and agreed with the line Ms McKay states at the last hearing, the Commission had questions on the sites Flood Elevation The Commission also requested an outlet control at the pipe The Town Engineer submitted memo in support of the project with only comment to include some sort of outlet control at the end of the pipe Present to 1 L � vote Mr Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic 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 8/11/04) Kelley Conway of Guertin Elkerton& Associates, William Finn of Guertin Elkerton& Associates were present Ms McKay states at the last hearing the Commission agreed that the Bylaw did apply to the project It was also agreed that the applicant was responsible for the submitting the appropriate fees No fees have been submitted to date The applicant has informed me that the fees will be submitted soon The full revised plan sets have not been submitted (showing new resource area, changes to erosion controls limits, ect) The details were provided on the Massachusetts Avenue & Osgood Street/Academy Outfalls I put a call into Lisa Eggleston, but I have not heard from her as she may still be on vacation The revised plans and a response letter to the third party review were received on Monday (following the 7-day submittal policy) However, I was unaware that they has come in, as they were not brought to my attention until later this afternoon upon a phone call to the applicant' engineer I have not been able to confirm that all issues have been adequately addressed, upon a quick review, it appears that all items have been addressed In addition, I have not confirmed that Lisa Eggleston had received the revised plans to confirm that all issues have been adequately addressed Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, Joseph Lynch, and Sean McDonough A motion to continue to September 8, 2004 for final review comment from consultant and payment of filing fee was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1265,Wood Ridge Drive (Barkan Management,Inc.-Waldorp)(Merrimack Engineering)(cont. from 8/4/04)(Request to withdraw) No one was present Ms McKay states the applicant is withdrawing without prejudice they will be performing non jurisdictional work in the site Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to accept the withdrawal without prejudice was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1267, 612 Salem Street(PJS Realty Trust)(Christiansen & Sergi, Inc.)(Cont. from 8//11/04) Phil Christiansen of Christiansen& Sergi, Inc was present Ms McKay states the revised plans have been submitted showing a 2' high field stonewall along the limit of work A wall detail has also included clarification on existing drain and the isolated vegetated wetlands across the street An update construction sequence has also been included Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, Joseph lynch, and Sean McDonough A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Lynch Unanimous Decisions 242-1263, 85 Flagship Drive(Lyons)(Giles Surveying) Present to vote Scott Masse, Albert Manzi, Joseph Lynch,Deborah Feltovic, and Sean McDonough A motion to set bond amount at $ 500 for the replacement of pipe the filing is for on going maintance on the property The Order of Conditions accepted as drafted was made by Mr Lynch, seconded by Mr McDonough Unanimous A motion to adjourn the meeting at 9:30pm was made by Mr. Lynch, seconded by Mr. McDonough.