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
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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
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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
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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.