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HomeMy WebLinkAbout2004-09-22 Conservation Commission Minutes Conservation Commission Meeting Minutes September 22, 2004 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr , Vice Chairman, Deborah Feltovic, and John J Mabon, Sean F McDonough Members Absent: Joseph W Lynch, Jr, Beth Wescott Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, 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.)(Recluest to cont. 10/13/04) No one was present Ms McKay states at the last meeting the Commission requested revised plans showing the location of the fence Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon and Sean McDonough The applicant has requested a continuance to 10/13/04 A motion to continue to October 13, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1203,Modification, 0 Stiles Street-# 10 (Willis)(cont. from 9/8/04) The applicant Timothy Willis was present Ms McKay states the revised plans have been submitted showing the adjustment in the scale and a detail section of the proposed Mr Manzi states are they requesting a waiver? Ms McKay states there is no waiver request everything has been resolved Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon and Sean McDonough A motion to issue the modification was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1045,Modification,675 Chickering Road-North Andover HiEh School(cont. from 9/8/04) Fredric W King of Schofield Brothers was present Ms McKay states the applicant has submitted revised plans showing the berms outside of the 50' buffer zone as requested The berms in the new locations present the same amount of disturbance of existing vegetation Staff recommends further preservation of the area in the form of a Conservation Restriction or some other equivalent Mr Manzi states the berms are totally outside of 50' no-build zone Mr King states yes the berms moved outside of 50' no-build zone and also we reduced the size of the berms. Mr McDonough states these berms have been pushed back further Mr King states yes the have been pushed back further Mr. Manzi states the house at 586 Osgood Street with the maintained grass should have the Wetland Markers on the property as a warning to stay out of this area Mr King said that would be no problem at all Present to vote: Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon and Sean McDonough A motion to issue the modification was made by Mr Mabon, seconded by Mr Manzi Unanimous a 242-816,COC, Campbell Forest(Mesiti) (Engineering Alliance, Inc.)(cont. from 9/8/04) Allen Russell of Mesiti Development Corporation was present Ms McKay states the $ 500 escrow account was set up for outside review by Lisa Eggleston Lisa Eggleston received paperwork earlier this week The review completed and received late today I did not have a chance to look at the review prior to writing the recommendations, but in speaking to Lisa Eggleston earlier in the day, she felt that the additional impervious areas appeared to be accounted for in the final drainage report and that the system as designed could handle the additional impervious areas Mr Manzi states he is very pleased with the results Mr Masse states that Mr Lynch has talked to Lisa Eggleston about the project and he fine with the results of the review by Lisa Eggleston Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon and Sean McDonough A motion to issue the COC and bond release was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-990,COC, Stonewedge Circle (Mesiti) (Engineering Alliance,Inc.)(cont. from 9/8/04) Allen Russell of Mesiti Development Corporation was present The Commission is very pleased with the result of Lisa Eggleston review of the drainage for these filings Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon, and Sean McDonough A motion to issue the COC and bond release was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1231,Amendment,North Andover Town Commons Utility Proiect(Mass Electric)(ENSR) David Clinch of ENSR was present Mr McDonough read the legal notice Ms McKay states the Order of Conditions was issued on 1/15/04 for conversion of overhead utilities to underground utilities including electric, telephone, cable, and gas along the North Andover Commons and radial streets The amendment is being requested to place a number of utility appurtenances a transformer, two switchgear units, three pedestals, and a power supply with associated housing and two manholes with duct lines onto a vacant lot at the intersection of Cranberry Lane & Osgood Street Also proposed is the construction of a 12' wide crushed stone access road, which crosses an existing, unvegetated man-made drainage swale/intermittent stream, which drains into existing wetland to the rear of the property The amendment is being requested as the original approved project did not allow for such needed appurtenances The abutters have been re-notified and amendment advertised Proposed also sent to DEP for review Only 2 full plan sets submitted The width of the proposed crossing is approx 12 linear feet and will constructed via installation of a 12" corrugated metal pipe covered with crushed stone over layer of geotextile fabric No bordering vegetated wetland associated with the drainage swale/intermittent stream crossing, only bank The lot is open field with no to minimal woody vegetation Approx 1,050 s f of proposed within the 25' No-disturbance Zone, and 575 s f within the No-Build Zone (total of 1,625 s f) The applicant requesting a waiver from the 25'/50' setbacks requirements An alternative analysis has been included within the request The Commission discussed re-open the Public Hearing Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon, and Sean McDonough A motion to re-open Public Hearing was made Mr Manzi, seconded by Ms Feltovic. Unanimous A motion to continue to 8 OOpm Public Hearings was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1037, Extension,Endicott Plaza (Forgetta Development, LLC.)(Epsilon) No one was present Ms McKay states the site is an open site we have to have the erosion controls refreshed The monitory reports states there has been run-off with sediment flowing into the wetland resource area. I have talked to Michael Howard of Epsilon Associates but I have not talked to William Barrett at this time The Commission would continue the hearing to October 27, 2004 meeting but would issue the extension but would continue to discuss the erosion controls problems on the site Present to vote Scott Masse, Albert Manzi, and Deborah Feltovic, John Mabon and Sean McDonough A motion to issue the Extension was made by Mr Manzi, seconded by Ms Feltovic A motion to continue to October 27, 2004 meeting was made by Mr Manzi, seconded by Ms. Feltovic. Unanimous 242-1192, COC,335 Berry Street (Ramos)(Giles) Socorro & Virginia Ramos were present. Ms McKay states the Order of Conditions was issued on 5/22/03 for the construction of an attached deck and stairs and an addition and stairs to an existing dwelling in the buffer zone to a bordering vegetated wetland and within Riverfront The as-built plans and Engineering certification letter submitted The as-built plans are in conformance with the proposed plans with the exception of the addition of a bulkhead and relocation of the two proposed stairways These modifications are minor in nature and all setbacks are still being met The monitoring reports were submitted and the wetland markers are up although some interior work may still be occurring, exterior work is completed and the site has been satisfactorily stabilized and there are no issues Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon, and Sean McDonough A motion to issue the COC and bond release was made by Ms Feltovic, seconded Mr Mabon Unanimous DPW sidewalk Project Enforcement Order update: Ms McKay states she met with Jack Sullivan and John Cyr and Joseph Cristaldi out at the site told them to stop all work until erosion controls are in place and stabilize the site Mr. Manzi states to put down rye grass seed this will start growing right away no matting DPW should have filed a NOI Mr Masse states a one-day fine for $ 100 Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mahon, and Sean McDonough A motion to ratify the Enforcement Order and require a restoration plan was made by Mr Manzi, seconded by Mr Mabon Unanimous The Commission signed some decision in between General Business and Public Hearings. No Recess Public Hearings 8:00pm 242-1231,Amendment,North Andover Town Commons Utility Project(Mass Electric)(ENRS) David Clinch of ENRS was present Ms McKay states the plans are not engineered stamped Mr Masse states has the area been re-flagged? Mr. Clinch states yes the area has been re-flagged Mr Manzi states the Commission wants to know who is company that owns the land for the easement for Mass Electric Mr Mabon states identify the specific reason why this area cannot be avoided major impact to the wetland resource areas Mr Clinch states the Common was the first choose for an area to use The Town of North Andover told Mass Electric they would not allow us to go thru the common we found out 2 months ago Mr Clinch states the French drain buffer zone upland no trees but scrubs drainage in land bank deep canopy going thru culvert the impact would be 1,000 s f and 900 s f replication area Mr Clinch states the bidding for outside contractors has begun Present to vote* Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon, and Sean McDonough. A motion to continue to October 13, 2004 meeting to address concerns was made by Mr Manzi, seconded by Ms Feltovic Unanimous Abbreviated Notice Of Intent(s) 242-0000, 55 Amberville (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, Deborah Feltovic, John Mabon, and Sean McDonough A motion to continue to October 13, 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 Ms McKay states the comments received from Natural Heritage No adverse affects on actual habitat of the state protected rare wildlife species Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon, and Sean McDonough. A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Mr McDonough Unanimous Requests for Determination of Applicability 43 Mill Road (Kober)(New England Engineering)(cont. from 9/8/04) No one was present Ms McKay states the escrow set up for third party review I meet with Patrick Seekamp, Ben Osgood on the site we walked the line the wetland line reviewed and changes were recommended by the consultant The revised plans have been submitted reflecting these changes Mr Masse states we should continue this because Ben Osgood or the Applicant is not present Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, and John Mabon, Sean McDonough A motion to continue to October 13, 2004 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 25 Mill Road (Dellea)(Merrimack Engineering) The applicants David and Janet Dellea and John Murphy of Merrimack Engineering were present Mr McDonough read the legal notice Ms. McKay states the filing is for the expansion of an existing deck and conversion of a portion of the deck°into a sunroom in the buffer zone to a bordering vegetated wetland An Order of Conditions was issued on 1/9/97 for construction of the home and associated driveway, septic, utilities, and site grading (DEP# 242-844 as noted on submitted plans) A COC was issued in 1999 The earthwork activities associated with the project will be limited to excavation for frost walls and footings There would be no grading The work will be approx. 76' from the closest wetland point The erosion controls are proposed The wetland boundary was most likely not reevaluated as the boundary on the As-Built Plan exactly matches the new submitted plan However, upon field review, most of the old flagging was still present and the boundary as previously delineated is still accurate The staff did not review or approve the off property wetland flags (A6 &A7) The wetland resource area is the same resource area associated with the 43 Mill Road Project No apparent violations were noted on the site Present to vote- Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon, and Sean McDonough A motion to issue negative determination requirements pre-construction meeting and erosion controls was made by Mr Manzi, seconded by Ms Feltovic Unanimous Notice of Intent(s) 242-1261, Cotuit Street& Leyden Street(Burke)(New England Engineering)(cont. from 8/4/04)(Reguest to cont, to 10113/04) No one was present Ms McKay states the plans are being re-designed/adjusted to meet Stormwater Management requirements The applicant has not submitted revised plans but is requested the Commission to set-up an escrow account for the drainage review now to avoid any further delays Mr Masse states the applicant has to Re-notify the abutters Also call Ben Osgood to get the new plans earlier so time can be taken to review new changes Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon, and Sean McDonough A motion to continue to October 27, 2004 meeting requirement to Re-Notify abutters 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)(cont. from 9/8/04) No one was present Ms McKay states a revised set of plans have been submitted to include the extension of the of the rip-rap apron at the Mass Ave outlet and a crushed stone strip at the back of the parking lot behind the brick store A revised detail of the rip-rap apron at the Mass Ave outlet has also been provided I have no further issues Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1233, Lot 6 Ogunquit Road,Rocky Brook Estates (Breen)(Neve-Morin Group, Inc.)(cont. from 8/4/04) The applicant Peter Breen and John Morin of Neve-Morin Group, Inc were present. Ms McKay stated the concerns from the last meeting The Commission was concerned with the proximity of the driveway location to the 25' no-disturb because of potential impacts, specifically snow plowing into the protected area The Commission also asked the applicant to consider rotating the house as an alternative so that there would be lesser potential impact for snow storage into the no-disturb The Commission felt that the proposed retaining wall around the driveway might not deter snow stockpiling from being pushed over into the no-disturb areas The house was not rotated for reasons as noted in Neve' s letter dated 9/15/04 (3`d paragraph) John Morin explained in further detail Revised plans were submitted showing a proposed picket fence, in addition to the wall, along the driveway in the area in which the driveway was closest to the 25' no-disturb Also included on the revised plans was a detail of the retaining wall, a proposed deck, a front walkway, and the approx location of the proposed utilities as requested The plan also noted a snow stockpiling area at the end of the driveway The additional engineering details of the wall were provided. Mr McDonough asked how many garage bays were proposed and asked what the length of the house, including the garage would be Mr Breen stated that there were three stalls being proposed and that the third stall would be used for storage (lawn mowers bikes, lawn equipment, etc ) Mr Morin indicated that the house would be 56 feet long. A motion to close and issue a decision in 21 days was made by Mr Manzi and seconded by Ms Feltovic Unanimous Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon and Sean McDonough. 242-1272,Lot 5 Gray Street(Litchfield)(Serwatka) Joseph Serwatka of Serwatka Engineering was present Mr McDonough read the legal notice Ms. McKay states the filing is for the construction of a single-family dwelling with associated grading within the Buffer Zone to an isolated vegetated wetland The work also includes grading associated with the construction of a septic system to the rear of the lot All the work, including proposed grading will be outside of the 50' no-build The erosion controls are proposed around the 25' no-disturb zone The staff recommends the construction of a boulder wall barrier around the isolated vegetated wetland for protection the (isolated vegetated wetland is more vulnerable for disturbance the way it is situated on the lot) The staff also recommends that the erosion controls be set further away from the 25' no-disturb,closer to the work activities to the limit existing vegetated disturbance The isolated vegetated wetland was approved under an ORAD issued 4/11/02 Mr Mabon states the set backs from the wetland the grading looks very close to the wetland area Mr Manzi states the deck is within the 100' walkway and wall the record drawing needs to have this added Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon and Sean McDonough A motion to continue to October 13, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1271, Lot 8 Gray Street (Litchfield)(Serwatka) Joseph Serwatka of Serwatka Engineering was present Mr McDonough read the legal notice Ms McKay states the filing is for installation of a driveway with associated clearing and grading in the Buffer Zone to an isolate vegetated wetland All work, including proposed grading, will be outside of the 50' no-build. The erosion controls are proposed The isolated vegetated wetland boundary approved under an ORAD issued 4/11/02(same isolated vegetated wetland as noted on lot 5) The scale is 1" =40'. The plan indicates the scale is 1"=20' The staff feels that a 40' scale plan is acceptable for this project The as built plans to be submitted at same scale if approved Mr Manzi states needs to accompany more information. Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon and Sean McDonough. A motion to continue to October 13, 2004 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1269, 100 Raleigh Tavern Lane(Arsnow)(New England Engineering) No one was present Mr McDonough read the legal notice Ms McKay states the filing is for installation of a replacement subsurface sewage disposal system and associated grading in the buffer zone to a bordering vegetated wetland The work will be within 18' of the resource area and the system within 32' of the resource area A waiver is being requested for the work, as location of the system is the only suitable area on the site The erosion controls are proposed and will be 13' from the wetland at its closest point There are no records on file that indicate when the house and rear decks were constructed Most likely prior to the Bylaw and maybe even the WPA Recommend conditioning some enhancement plantings in the areas where the wetland edge is in close proximity to the lawn or other areas of disturbance A large pile was observed between wetland flags 5A & 6A and should be removed by hand as a condition The staff reviewed and approved the wetland delineation Mr Manzi states they need to put up Medallions and 6 Wood Duck Boxes 10-feet high to 12-feet high Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon, and Sean McDonough A motion to continue to October 13, 204 meeting was made by Ms Feltovic, seconded by Mr Mabon. 242-1270, 69 Milk Street(Tomasz)(New England Engineering) No one was present Mr McDonough read the legal notice Ms McKay states the filing is for construction of an addition to a single-family dwelling, installation of a driveway and associated grading activities in the buffer zone to a bordering vegetated wetland The addition will be 50 5' from the wetland at its closest point The erosion controls are proposed and are adequate A soil stockpiling area is shown on the proposed plan The staff has reviewed and approved the wetland delineation The condition enhancement plantings at wetland edge There are no issues as proposed Mr Manzi states at the northeast of the property should be planting a vegetable garden and enhancement plantings Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous Decisions 242-1264, Massachusetts Avenue, Andover Street, Osgood Street and Salem/Johnson Street Junction (North Andover Old Center)(Town of North Andover)(Guertin Elkerton) Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon, and Sean McDonough A motion to accept the Order of Conditions as drafted and set the bond amount at $ 5,000, was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1268, 1135 Great Pond Road (Brooks School)(Rist-Frost-Shumway Engineering, P. C.) Present to vote Scott Masse, Albert Manzi, Deborah Feltovic, John Mabon, and Sean McDonough A motion to accept the Order of Conditions as drafted and set the bond amount at $ 2,000, was made by Mr Manzi, seconded by Ms Feltovic Unanimous A motion to adjourn the meeting at 9:30pm was made by Ms. Feltovic, seconded by Mr. Mahon.