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HomeMy WebLinkAbout2004-09-08 Conservation Commission Minutes Conservation Commission Meeting Minutes September 8,2004 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr, Deborah Feltovic, and Sean F McDonough Members Absent: John J Mabon, Beth Wescott Staff Members Present: Alison E McKay, Conservation Administrator, Donna Wedge, Conservation Secretary Meeting Came to Order at: 7:10pm Quorum Present. General Business 242-1252, Modification, 315 Turnpike Street-Merrimack College Synthetic Turf Field (Merrimack College)(Wetland Preservation Inc.) (cont. from 8/11/04) The applicant Robert Coppola of Merrimack College was present Ms McKay states I met with Robert Coppola at the field to discuss the modification further I pointed out that I have not seen any trash on my visits and would think that an accredited College would not allow unsightly trash on its grounds Further, Bob indicated to me that no to very little usage would occur on the side of the field that abuts the wetland resource area because of the dense vegetation to the proximity of the field Mr Manzi states give them a waiver and to put up Medallions instead of fence The Commission is reviewing the plan with Mr Coppola on the trenching there will be no trenching on the field that was done years ago Mr Lynch states the soccer needs the width of the field, the football needs the length of the field Mr Manzi states the run out area safety this is a practice area this is a previous disturbed area Mr Coppola states the Medallions are already installed in the area they were installed two years ago Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, Joseph Lynch and Sean McDonough A motion to continue to September 22, 2004 meeting for revised plans was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1045, Modification, 675 Chickering Road-North Andover High School. Fredric King of Schofield Brothers and Kenneth DiNisco of DiNisco Design were present Ms McKay states at the last meeting the Commission requested signed agreements between the Town/High School and the owners for the berm installation No such agreement/s have been submitted Also requested revised plan showing the existing tree/shrub line These plans were submitted on the 9/7/04 and did not meet the 7-day policy The new plans show the significant amount of vegetative disturbance;\which would occur from the berm installation(greater than 7,534 s f not including disturbance within the access routes) Mr Lynch states this was a big project changes happen in construction the noise disturbance re-design of the building the lighting and the car head lights the screening was an issue Mr DiNisco states the project was under budget and there was no written agreements between the Town and the High School The Abutters Mark Berderam and John and Nancy were present -Mr Lynch questioned in the grassed area of the lawn maintained this Administrator violation 1995, 1996, 1997, back in this time the Commission required stonewalls check the files for Lot 13 Osgood Street see if stonewalls were required Mr Manzi states the Old High School was built in 1971 years before the houses were in the area There have been people on playing fields in this area for years Mr Manzi states the new building situation before you folks moved in for a modification plantings were done Why at the 1 lt" hour these berms from the dirt being keep on the upper part of the property I have been on the Commission since 1990 and you have lost my support on the project Mr Manzi states you want to use the fill for the berms, which would destroy viable habit in this, area to put in berms I want these berms outside of 50-feet No-Build Zone Mr Masse states what would the cost to the Town Mr DiNisco states the cost to the Town would be $ 10, 000 Mr Lynch states what size are the berms going to be Mr DiNisco states the berms would be about 1526 feet 25 feet wide and white pine trees will be planted on the side deeper rooted than if planted on the hill Mr King states the replication rectangle area outside of the 25-feet no-disturbance zone but would be in the 50-feet no-build zone Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic and Sean McDonough A motion to continue to September 22, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1203, Modification, 0 Stiles Street-#10 (Willis) (Christiansen & Sergi,Inc) Eugene Willis of Christiansen& Sergi, Inc was present Ms McKay states the Order of Conditions was issued on 6/26/03 for the construction of a single-family home, driveway and associated appurtenances in the buffer zone to a bordering vegetated wetland The modification is being requested to allow the addition of a cantilevered deck with concrete footings (7-89) and associated stairs to the rear of the dwelling and for the installation of a water line instead of proposed well The deck footings would be outside of 50-feet No- Build Zone The majority of the proposed water line is outside of the 100' buffer zone I have no issues with the modification as proposed However, I would note the following discrepancy with the submitted modification plan The plan indicates that is a 20' scale However, 20 scale record plans do not match up It appears that the modification plan has been reduced I would recommend that accurately scaled plans be submitted Present to vote Scott Masse, Albert Manzi, Joseph Lynch,Deborah Feltovic, and Sean McDonough A motion to continue to September 22, 2004 meeting for revised plans was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1163, COC, 173 Campbell Road (Adams) (Neve-Morin Group)(cont. from 8/25/04). No one was present Ms McKay states at the last meeting, it was noted that additional deck appeared to have been added to the east of the existing dwelling A portion if this deck is within the 100' buffer zone John Morin& Greg Hochmuth of the Neve-Morin Group informed me that the deck in question existed prior to the NOI filing,but not shown on the original plan because that side of the house was not included on the original design plans refer to Neve-Morin Group letter dated August 31, 2004 Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to issue COC and bond release was made by Mr Manzi, seconded by Ms Feltovic Unanimous c 242-1188,Partial Bond Release,211 South Bradford Street(Hurley)(Hancock Environmental Consultants) No one was present Ms McKay states the Order of Conditions was issued on 4/25/03 for construction of a garage with an attached breezeway, an additional walkway,driveway alteration, and infiltration basins located in the buffer zone to a bordering vegetated wetland and within the Watershed Protection District All the work has been completed and the site is stable The stormwater recharge system has been installed and is functioning properly (As-built certification letter submitted by P E) The as-built plans were also submitted and are in compliance with approved plans The Order of Conditions required enhancement plantings to be monitored for two complete growing seasons The plantings were completed this spring The applicant is requesting a partial bond release of $ 4,000 of total $ 5,000, leaving $ 1,000 to remain until the enhancement plantings survive the two growing seasons I have no issues with this request Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to issue the partial bond release of$ 4, 000 was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-816, COC,Campbell Forest(Mesiti)(Engineering Alliance, Ine.)(cont. from 8/25/04) Allen Russell and Edward Callan of Mesiti Development Corporation were present Ms McKay states the applicant requesting full compliance to include all lots, roadway, utilities, and drainage and three wetland replication areas A letter from Engineering Alliance dated July 26, 2004 Ms McKay states Lisa Eggleston had reviewed the project for the weir plates being installed on the previous modification The drainage weir plate installation has been completed as proposed and West Environmental submitted status report on the installation on 8/5/04 West Environmental dose recommend some continued monitoring of 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 Mr Manzi states he wants Mr Lynch to contact Lisa Eggleston to make sure the changes would not affect the impervious area with more run- off Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to setup escrow account for outside review amount of$ 500 was made by Mr Manzi, seconded by Ms Feltovic Unanimous A motion to continue to September 22, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-990, COC, Stonewedge Circle (Mesiti) (Engineering Alliance,Inc.)(cont. from 8/25/04) Allen Russell and Edward Callan of Mesiti Development Corporation were present Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to September 22, 2004 meeting was made by Mr Manzi, seconded by Mr Lynch Unanimous Enforcement Order Ratification-777 Great Pond Road Present to vote Scott Masse, Albert Manzi, Joseph Lynch,Deborah Feltovic, and Sean McDonough A motion to ratify the enforcement order was made by Ms Feltovic, seconded by Mr McDonough Mr Lynch abstained from voting 3 to 1 vote No Recess Public Hearings 8:00pm Abbreviated Notice of Intent (s) 242-0000, 55 Amberville Road (Martin)(Gouveia)(cont. from 6/23/04) No one was present The applicant is still working with DEP Present to vote Scott Masse, Albert Manzi,Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to September 22, 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.)(cont. from 8/25/04) No one was present There are no comments received from Natural Heritage yet Present to vote Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to September 22, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous Requests for Determination of Applicability 43 Mill Road (Kober)(New England Engineering) Ben Osgood of New England Engineering was present Mr McDonough read the Legal Notice Ms McKay states the filing is for installation of a replacement septic system and associated grading in the buffer zone to a bordering vegetated wetland The OOC was issued in 1986 for construction of the home, associated driveway and septic system (DEP# 242-362) A COC was issued in 1998 and As-built plans were in the file The as- built plans do not show the existing decks with in the buffer zone (1 deck is within the 25' no-disturb zone No building permits are on record for the decks I reviewed the wetland line, but feel the line as delineated is inaccurate I do not agree with most of the flag locations When the 1988 as-built plan was compared to the plan for the septic system, there were areas of discrepancy with the wetland line (although soils were not probably used to aid in the delineation at the time) Many violations were also observed at the site Many large debris piles were observed within the wetland and the 25' no- disturb In addition,the 25' no-disturb is not being maintained Itrwas observed that the site has been virtually stripped of most of the woody vegetation within the 25' no-disturb and there was evidence that woody vegetation was also within the wetland area as well Although some could be old violations, many cuttings appear to be recent Such cuttings appear to be consistent and could continue unless Enforcement is taken I would recommend the issuance of an Enforcement Order to address the violations,to be handled separately from the proposed septic replacement The Enforcement Order should require intensive mitigation efforts I would suggest that the Commission consider hiring a third party consultant to determine the wetland boundary If not part of this project, it should be required as part of the Enforcement Order Present to vote Scott Masse,Albert Manzi, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to setup escrow account for third party review$ 500 was made by Mr Manzi, seconded by Mr Lynch Unanimous A motion to continue to September 22, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1261, Cotuit Street& Leyden Street(Burke)(New England Engineering)(cont. from 8/4/04)(request to cont. to 9/22/04) No one was present Present to vote Scott Masse, Albert Manzi, Joseph Lynch,Deborah Feltovic, and Sean McDonough A motion to continue to September 22, 2004 meeting 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 8/25/04) Kelley Conway and William Finn of Guertin Elkerton&Associates were present Ms McKay states the fees were calculated and are being transferred to the wetland filing fee account At the last meeting, the Commission requested that a catch basin be installed behind the brick store to capture sheet flow from the parking area A 3`d review letter was received from Lisa Eggleston The first two items in her comment letter can easily be conditioned in the Order of Conditions (extending the riprap apron at the outfall North of the Mass Ave discharge, forgoing a swale and additional bank stabilization in the area immediately downstream of the new Mass Ave outfall) The 3rd comment she had pertained to how the runoff should be handled behind the brick store In her opinion, the best way to handle the runoff in this location would allow it to sheet flow off the new parking area across a filter strip (e g one-two feet of gravel along the pavement edge) to existing drainage ditch She added that while a deep sump pump catch basin could provide increased sediment removal, it would eliminate any potential for infiltration of the runoff and would require ongoing maintenance and would probably be bypassed during snowmelt events Albert Manzi left the meeting at 8:45pm. Present to vote Scott Masse, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to September 22, 2004 meeting for revised plans to include riprap to the brook was made by Ms Feltovic, seconded by Mr Lynch Unanimous Decisions 242-1267, 612 Salem Street, (PJS Realty Trust)(Christiansen & Sergi) A motion to accept as drafted the Order of Conditions and set the bond amount at$ 5,000 was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1258, 44 & 50 Woodlea Road (Garger)(New England Engineering) A motion to accept as drafted the Order of Conditions and set the bond amount at $ 3,000 was made by Mr McDonough, seconded by Ms Feltovic Unanimous A motion to adjourn the meeting at 9:30pm was made by Mr. McDonough, seconded by Ms. Feltovic.