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HomeMy WebLinkAbout2004-11-03 Conservation Commission Minutes a � Conservation Commission Meeting Minutes November 3,2004 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr , Vice Chairman, John J Mabon, and Joseph W Lynch, Jr , Sean F McDonough Members Absent: Beth Wescott, Deborah Feltovic Staff Member Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill Donna Wedge, Conservation Secretary Meeting came to Order at: 7:05pm Quorum Present. General Business 242-968, COC, 740 Turnpike Street-Mr. Sudzy Car Wash (Atlantic Realty Trust/Suds Development, LLC)(Merrimack Engineering)(cont. from 10/27/04) No one was present Ms Merrill states the review by staff has been conducted but recommendations have not been prepared to date As-built plans have been submitted, however a final stormwater review has not been completed No Quorum to vote Continued to November 17, 2004 Meeting 242-885,PCOC,Forest View Estates(Pulte Homes of New England,LLC) John Barrows of Marchionda was present Ms Merrill states the Order of Conditions was issued to Pulte Homes of New England, LLC, which authorizes the construction of a 92 lot residential subdivision with roadways and crossings, utilities, stormwater management structures and wetland replication areas, Several lots have received their PCOC John Barrows, P E Marchionda submitted a letter for each lot, certifying that the houses have been built accordingly, and outline any discrepancy or modifications The letter also details who current homeowner is Ms Merrill, Conservation Associate conducted a site inspection on Monday, November 1, 2004 for the lots below 242-885,PCOC, Lot 8 (#66 Palomino Drive)(Forest View Estates)(Pulte Homes of New England, LLC) John Barrows of Marchionda was present Ms Merrill states the ma�orrty of the house lot is outside of the buffer zone The only jurisdictional work associated with this lot is a small portion of the sewer easement The slope borders the easement has been stabilized with riprap in lieu of grass vegetation All the work has been construction in accordance with the latest approved plans The site was observed stable Present to vote Scott Masse, Albert Manzi, Jr, John Mabon, Joseph Lynch, and Sean McDonough A motion to issue the PCOC for Lot 8 was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-885, PCOC,Lot 21,(# 170 Palomino Drive)(Forest View Estates)(Pulte Homes of New England,LLC) John Barrows of Marchionda was present Ms Merrill states the lot consists of a single family dwelling with associated appurtenance within the buffer zone to bordering vegetated wetland In addition, there is a drainage easement, which also transverses along the western portions of the lot The house lot has been constructed in accordance with the latest plans (9/2/03)with few exceptions The erosion control/limit or work extends slightly into the 25' No-Disturbance Zone The flared end outlet structure and riprap apron have been installed within the 25' No- Disturbance Zone (at approximately 19' from the bordering vegetated wetland An additional stonewall has been installed at the front left corner of the single-family dwelling The lawn was observed patchy with no erosion runoff observed It was noted that seed has been recently sown into the ground Mr Manzi states any kind of stormwater structures need to be outside of the 25- feet No-Disturbance Zone Mr Mabon states every structure needs to be outside of the 25-feet No-Disturbance Zone Mr Masse states pulls the plug on them do a cast and deist Enforcement Order Present to vote Scott Masse, Albert Manzi, Jr, John Mabon, Joseph Lynch, and Sean McDonough A motion to deny the PCOC, all areas needs to be re-flagged was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-885, PCOC,Lot 23 (#201 Amberville Road)(Forest View Estates)(Pulte Homes of New England, LLC) John Barrows of Marchionda was present Ms Merrill states the lot of a single-family with associated appurtenances within the buffer zone to bordering vegetated wetland The as-built plans are consistent with latest plans (9/8/03, house was designed smaller& further from the bordering vegetated wetland and minor changes to grading) with the exception of the deck It's longer than proposed and the steps were installed on the opposite side as previously approved the footings associated to the deck were measured at 51' from the edge of the bordering vegetated wetland Present to vote Scott Masse, Albert Manzi, Jr , Joseph Lynch,John Mabon, and Sean McDonough A motion to require re-flagging of the entire subdivision and submit as-built plans to continue to December 8, 2004 meeting was made by Mr Manzi, seconded by Mr Mabon 242-885,PCOC,Lot 24 (# 195 Amberville Road)(Forest View Estates)(Pulte Homes of New England,LLC) John Barrows of Marchionda was present Ms Merrill states the as-built plans are consistent with the latest plans (7/22/03, minor grading modifications and driveway was flipped) with exception of an additional stonewall that has been installed on the right side of the house Additionally, the deck was constructed slightly bigger (4'x 12' to 5' x 12')than approved Therefore, the overhang of the deck was measured at approximately 50' This modification still conforms to the 50' No-Build Zone The area underneath the deck remains exposed No erosion runoff was observed during the inspection The site was observed stable Mr Manzi states sona tubes in the 50-feet No-Build Zone that is the magic number Present to vote Scott Masse, Albert Manzi, Jr , Joseph Lynch, John Mabon, and Sean McDonough A motion to continue to December 8, 2004 meeting the whole subdivision needs to be re-flagged and as built plans needs to be submitted was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-885,PCOC,Lot 25 (# 191 Amberville Road)(Forest View Estates)(Pulte Homes of New England, LLC) John Barrows of Marchionda was present Ms Merrill states the as-built plans are consistent with the latest plans (3/18/04) The lawn was observed patchy, with no sign of erosion runoff Present to vote Scott Masse, Albert Manzi, Jr, Joseph Lynch, John Mabon, and Sean McDonough A motion to continue to December 8, 2004 meeting requirement re-flagging and as built plans would be submitted made by Mr Manzi, seconded by Mr Mabon Unanimous 242-885,PCOC,Lot 26 (# 183 Amberville Road)(Forest View Estates)(Pulte Homes of New England, LLC) John Barrows of Marchionda was present Ms Merrill states the lawn was observed patchy in the front and sides, with no erosion observed The slope in the rear of the property has experienced erosion during the germination process Several rills were noted, and the foundation drain was exposed as a result of the erosion There was no runoff outside the erosion controls/Low Present to vote Scott Masse, Albert Manzi, Jr , Joseph Lynch, John Mabon, and Sean McDonough A motion to continue to December 8, 2004 meeting requirement re-flagging and as-built plans would be submitted was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-885,PCOC,Lot 27 (# 171 Amberville Road)(Forest View Estates)(Pulte Homes of New England, LLC) John Barrows of Marchionda was present Ms Merrill states there is a ground level deck with gravel play area/swing set, located in the rear right corner The portions of the play area are located within the 50' No-Build Zone Everything else is outside of the 50' No- Build Zone Present to vote Scott Masse, Albert Manzi, Jr , John Mabon, Joseph Lynch, and Sean McDonough A motion to continue to December 8, 2004 meeting requirement re-flagging and as-built plans would be submitted was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-885,PCOC,Lot 28 (# 165 Amberville Road)(Forest View Estates)(Pulte Homes of New England, LLC) John Barrows of Marchionda was present Ms Merrill states the as-built plans are consistent with the latest plans with the exception of portions of the erosion controls were installed with in 25' No-Disturbance Zone As a result, clearing and grading was conducted within this area The 2 tier stonewall was also installed closer to the bordering vegetated wetland than originally proposed, still maintaining the 25' No-Disturbance Zone Additional stairs associated with the deck were installed outside of 50' No-Build Zone The site was observed stable The lawn was recently fertilized by TruGreen Chemlawn Present to vote Scott Masse, Albert Manzi, Jr , John Mabon, Joseph Lynch, and Sean McDonough A motion to continue to December 8, 2004 meeting requirement re-flagging and as-built plans would be submitted was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-885, Lot 37 (#6 Garnet Circle)(Forest View Estates)(Pulte Homes of New England LLC) John Barrows of Marchionda was present Ms Merrill states the as-built plans are consistent with the latest modified site plans (10/16/00, a deck and front walk were added around the house) The site was observed stable Both the North Andover Conservation Commission and the state forest markers were out up along the 25' No-Disturbance Zone Present to vote Scott Masse,Albert Manzi, Jr ,Joseph Lynch, John Mahon, and Sean McDonough A motion to continue to December 8, 2004 meeting with requirement to re-flagging and as-builts be submitted was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-1138,COC, Water Main Replacement Contract 01-1-Osgood Street, Forest Street, South Bradford Street (Town of North Andover- DPW) No one was present Ms Merrill states the Order of Conditions was issued to the DPW on May 23, 2003 for the installation of water mains in portions of Town owned streets, as referenced above The work was conducted within the buffer zone to a bordering vegetated wetland All the work proposed has been completed in accordance with the approved plans The plans signed and stamped were submitted, dated January 1, 2004 All disturbed areas have been paved and temporary erosion controls have been removed and appear to be permanently stabilized Monitoring reports were found in the file No special conditions were required in the COC Mr Manzi states the applicant should be present at the meeting Mr Masse states the certification letter is not acceptable Present to vote Scott Masse, Albert Manzi, Jr, Joseph Lynch, John Mahon, and Sean McDonough A motion to continue to November 17, 2004 meeting for a certification letter must be submitted and attendance at the next meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous Enforcement Order Ratification Cotuit& Leyden Street. Mr Lynch states Saturday morning the applicants were mowing the field with an open hearing with the Conservation Commission The applicant must install hay bales and silt fence out of the 25-Feet No-Disturbance Zone The applicant was mowing thru the stream and out to the street Mr Lynch states they had mowed the wetland line needs to be re-flagged The applicant is in contempt of the North Andover Wetland Protection Bylaw Mr Manzi states mowing of the grass of open field under different set of rules Mr Lynch states he wants some kind of restoration in the streambed area Present to vote Scott Masse, Albert Manzi, Jr , Joseph Lynch, John Mabon, and Sean McDonough A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Mr Mabon Unanimous Public Hearing 8:00pm No Recess Request for Determination of Applicability (s) 40 Ridge Way (Chicoyne)(Judith Nitch Engineering)(cont. from 10/27/04) No one was present Ms McKay states the filing if for construction of a wood deck to an existing single family dwelling in the buffer zone to a bordering vegetated wetland The filing for Ridge Way was part of the North Andover Estates Subdivision, which included a 50' open space buffer zone to the rear of the lot Hancock Engineering late last September delineated the wetlands The resource area is hydraulically connected to a pond on the south of Ridge Way by a 48" concrete culvert The deck, as proposed, will extend approximately 7-feet into the 100-feet buffer zone There is no grading proposed The erosion controls are proposed and are located at a suitable location An erosion control detail should be included on the plan It is unclear as to how many footings are required for the construction of the deck Although flags were labeled in the field, they are not labeled on the plan The wetland line has been reviewed and approved Present to vote Scott Masse, Albert Manzi, Jr ,Joseph Lynch,John Mabon, and Sean McDonough A motion to issue a Negative Determination was made by Mr Mabon, seconded by Joseph Lynch Unanimous 500 Great Pond Road, (North Andover Country Club)(Thomas Childs) Thomas Childs outside consultant for The North Andover Country Club was present Mr McDonough read the legal notice Ms McKay states the filing if for the renovation of an existing footprint The proposed work includes the replacement of three existing piers and mew footings, a concrete wall to support and existing field stonewall, a 2°d story addition, a new roof to the barn, and new HVAC, electric, and plumping to the barn No disturbance to existing pavement or parking area is proposed The erosion controls are proposed and are located in a suitable location The wetland boundary on the site is associated with a perennial stream to the west of the project site An additional stream system is located to the North East of the site, but is greater than 200' from the work Steve D' Uros delineated the wetland line on 12/28/01 (for the work related to the construction of the pool??) The staff reviewed the line and determination that the delineation was still accurate The wetlands flags were appropriately refreshed The staff reviewed and approved wetland flags A-1 through A-8 only Mr Manzi should install double hay bales Mr Mabon states this is an existing roof has an inside attic Mr Childs states the roof doses have an attic Present to Scott Masse, Albert Manzi, Jr , Joseph Lynch, John Mabon, and Sean McDonough A motion to issue a Negative Determination with conditions was made by Mr Manzi, seconded by Mr Mabon Unanimous Abbreviated Notice of Resource Area Delineation 242-1287,Bridle Path, Subdivision Lot 20A-Map 104C,Parcel 82 (Kucharzyk-Hefco Realty Trust)(Wetland Preservation Inc.)(Request to cont. to 11/17/04) No one was present Ms McKay states applicant request to continue to November 17, 2004 meeting A motion to continue to November 17, 2004 meeting was made by Mr Manzi, seconded by Mr Lynch Unanimous Albert Manzi left the meeting at 9:OOpm. Notice of Intent (s) 242-1261, Cotuit Street & Leydon Street (Burke)(New England Engineering)(cont. from 9/22/04) Ben Osgood of New England Engineering and John Burke were present Ms McKay states the revised plans and drainage report received The escrow account was set up for outside drainage review No walls/physical barriers proposed at the 25-feet No-Disturbance Zone The side dwelling on lot 4 immediately abuts grading to detention pond Proposed fence or some sort of barrier?Lisa Eggleston reviewing drainage She sent e-mail to Ben Osgood last week indicating concerns and requesting additional information/documents that she did not receive As of yesterday, she informed me that she had not heard from Ben Osgood or received any of the information requested to formalize her review A letter was faxed today formalizing her concerns from her e-mail dated 10/27/04 and is included in the Commission packets This past week I received a call regarding violations on the site A portion of the field was mowed this weekend within the wet meadow and within the 25-feet No-Disturbance Zone Additionally, the site already being used for stockpiling of materials (i a soil, ect) This is unacceptable, as the applicant is well aware that this is prohibited Therefore, I have drafted an Enforcement Order with an associated fine for these violations Photos of the site showing the violation were taken this past Monday Mr Lynch states the perforated PCP pipe should be across the back recharge and dewatering of the ground and Lot 3 the manhole needs to be raised 1-foot higher The swale paved or grassed line could collect debris Mr Lynch states fiscal concrete barrier is very close to the orifices of the 18-inch the pipe should be moved Mr Osgood states this is a divided project the run-off was taken for 1-year storm the detention pond and the infiltrators size 18" to 24" driveway and the detention pond Mr Lynch states the dewatering what impact flow sheet charts runoff will be mitigated the flow The stormwater impervious type C soil calculation holds the volume of flow in the infiltrators 6-feet to 12-feet ground water taken of Waverley Road We met the regulations as long the site is well maintained An Abutter Robert Solomon states the detention pond bigger to collect more water and the catch basins An Abutter Joseph Wilkie states the detention pond would alleviate some of the run off on the street An Abutter John Maszczuk was present Mr Masse states to the Abutters you can hire your own Engineer to review the project The Commission has a 7-day rule for the submittal of plans Present to vote Scott Masse, Joseph Lynch, and John Mabon, Sean McDonough A motion to continue to November 17, 2004 was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1277,Boston Street Lot 10, (Litchfield)(Serwatka)(cont. from 10/13/04) Joseph Serwatka of Serwatka Engineering was present Ms Merrill states the plan shows a designated area for stockpiling along the eastern portion of the lot and is surrounded by erosion controls The plan shows the distance from the single-family dwelling, deck, and driveway to the bordering vegetated wetland The plan makes note on the location of the septic system outside of the buffer zone The foundation drains are proposed at the right rear corner of the single-family dwelling The erosion controls have been extended around the entire lot The plans are stamped and signed Present to vote Scott Masse, Joseph Lynch, John Mabon and Sean McDonough A motion to continue to November 17, 2004 meeting for revised plans was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1278,Boston Street, Lot 11, (Litchfield)(Serwatka)(cont. from 10/13/04) Joseph Serwatka of Serwatka Engineering was present Ms Merrill states the plan depicts stonewall detail is shown on the plan (2' x 2') A stonewall is proposed at the 25-feet No- Disturbance Zone The plan shows the distance from the single-family dwelling, deck, and driveway to the bordering vegetated wetland The plan makes note on the location of the septic system outside of the buffer zone The foundation drains are proposed at the rear corner of the single-family dwelling The erosion controls have been extended around the entire site Mr McDonough states I would like a construction sequence for this site Present to vote Scott Masse, Joseph Lynch, John Mabon, and Sean McDonough A motion to continue to November 17, 2004 meeting for revised plans was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-1276,Boston Street,Lot 12 (Litchfield)(Serwatka)(cont. from 10/13/04) Joseph Serwatka of Serwatka Engineering was present Ms Merrill states the plan depicts the stonewall detail is shown on the plan (2' x 2') A stonewall is proposed at the 25-feet No- Disturbance Zone The plan depicts the distance from the corner of the single-family home to the bordering vegetated wetland The plan shows a designated area for stockpiling along the eastern portion of the lot and is surround by erosion controls outside of the bordering vegetated wetland The plan makes note on the location of the septic system outside of the buffer zone The erosion controls have been extended around the entire site The plans are stamped and signed Present to vote Scott Masse, Joseph Lynch, John Mabon, and Sean McDonough A motion to continue to November 17, 2004 meeting for revised plans, was made by Mr Mabon, seconded Mr McDonough Unanimous 242-1275,Boston Street,Lot 14(Litchfield)(Serwatka)(cont. from 10/13/04) Joseph Serwatka of Serwatka Engineering was present Ms Merrill states a stonewall detail is shown on the plan(2'x 2') A stonewall is proposed at the 25-feet No-Disturbance Zone The plan shows designated area for stockpiling along the northwestern portion of the lot and is surrounded by erosion controls outside of the Buffer Zone The plan makes note on the location of the septic system outside of the Buffer Zone The foundation drains are proposed at the right rear corner of the single-family dwelling The erosion controls have been extended around the entire lot, the plans are stamped and signed Present to vote Scott Masse, Joseph Lynch, John Mabon and Sean McDonough A motion to continue to November 17, 2004 meeting for revised plans was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-1274,Boston Street, Lot 15 (Litchfield)(Serwatka)(cont. from 10/13/04) Joseph Serwatka of Serwatka Engineering was present Ms Merrill states a stonewall detail is shown on the plan(2' x 2') A stonewall is proposed at the 25-feet No-Disturbance Zone The plan shows the distance from the single-family dwelling to the bordering vegetated wetland The plan shows a designated area for stockpiling along the northwestern portion of the lot and is surrounded by erosion control outside of the buffer zone The plans makes note on the location of the septic system outside of the Buffer Zone The foundation drains are proposed at the right rear corner of the single-family dwelling, the plans are stamped and signed Present to vote Scott Masse, Joseph Lynch, John Mabon, and Sean McDonough A motion to continue to November 17, 2004 meeting for revised plans was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-1280, 100 Cricket Lane(Lynch)(Merrimack Engineering)(cont. from 10/13/04) John Murphy of Merrimack Engineering and Joseph McKeown of Starboard Design Build were present Ms McKay states the comments from Natural Heritage were received and states that the project, as proposed, will not adversely affect the actual habitat of the state-rare wildlife species At the last meeting, the Commission requested the erosion controls detail to be corrected and a note on the plan indicating the existing shed off property would be relocated These changes have been made and are reflected on the revised plans Also requested Mr Lynch wanted staff to look at the Walnut Ridge Subdivision filing to see if other resources on abutting properties were present within 100 feet of the proposed work Upon file research, resource areas off property on the abutting lots were not shown The state wetland orthophoto maps also did not show any resource area on the abutting properties within 100 feet of the proposed work other than what is shown on the plan no further issues The Commission would require that the lot number be corrected on the plan Present to vote Scott Masse, Joseph Lynch, John Mabon, Sean McDonough A motion to continue to November 17, 2004 meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1273, 113 Bridges Lane (Kitchen)(New England Engineering)(cont. from 10/13/04) Ben Osgood of New England Engineering was present Ms McKay states hearing was continued because no file number The file number received no further issues Present to vote Scott Masse, Joseph Lynch, John Mabon, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1284, 69 Oakes Drive (Carey)(New England Engineering)(cont. from 10/13/04) Ben Osgood of New England Engineering Services, Inc was present Ms McKay states the site is within the Estimated Habitat are Natural Heritage comments received and project as proposed will not adversely affect actual habitat of the state-protected rare wildlife species The staff has been informed that the tree house would be removed The Board of Health requested minor modifications to the plans,which resulted in revised plans The changes do not appear to affect conservation setbacks, ect there are no further issues Present to vote Scott Masse, Joseph Lynch, John Mabon, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-0000, Saville Street Lot 31, (Ahern)(cont. from 10/13/04) Robert Ahern of Rkaco, LLC and Laurie Powers of Seekamp Environmental Consulting were present Ms McKay states the filing is for the construction of a single-family dwelling, deck, fieldstone wall, retaining wall, driveway, utility services water and associated grading and clearing within the buffer zone to a bordering vegetated wetland and an isolated vegetated wetland All the buffer zone setbacks being met as proposed A wall detail has been included on the plans The erosion controls are proposed in suitable locations 1 1 grading is proposed to the west of the driveway and is proposed to be stabilized by bark mulch and appropriate ground cover I would recommend riprap or jut matting to stabilize the slope, as I am not sure that the bark mulch will be adequate I would recommend riprap or jute matting to stabilize the slope, as I am not sure that bark mulch will be adequate The bordering vegetated wetland delineation was previously approved under a positive determination in January of 2002 and issued to the applicant, although this was not included with the application Upon review of this boundary with the consultant(Seekamp), one flag change was made (flag D-3) and noted on the plan Also discovered during the site review was a jurisdictional isolated vegetated wetland up gradient to the approved wetland boundary This was surveyed onto the plan and the house was relocated, as this was the area where it was proposed previously The size of the isolated vegetated wetland on a fax received earlier today in lieu of my comment Mr Ahern states the Planning Board accepted the street frontage within the public way Mr Lynch states this is a paper street, which the town has not accepted yet Present to vote Scott Masse, Joseph Lynch, John Mabon, and Sean McDonough A motion to continue to November 17, 2004 meeting was made by Mr Lynch, seconded by Mr McDonough Unanimous 242-1283, Berry Street (Hingorani)(Wetland Preservation,Inc.)(cont. from 10/13/04) The applicant Peter Hingoram of One Hundred Fourteen Trust and Jennifer of Wetland Preservation, Inc and Donald Bornstein lawyer for the applicant were present Ms McKay states typical erosion control detail missing on the plan (proposed silt fence only) I conducted a field review with Wetland Preservation, Inc , to verify the wetland boundaries and all flags were confirmed with exception of flag C-11, which moved 8-10' up gradient I advised the consultant to hold off on this one plan revision for now The escrow account in the amount of$2500 was setup with Coler& Colantonio (this consultant was chosen at request by the applicant, instead of Lisa Eggleston) for outside drainage review I have not been able to connect with the consultant over the last few days His last voice mail message indicated that he would be out of the office starting from afternoon of this hearing date until Friday Present to vote Scott Masse, Joseph Lynch, John Mabon, and Sean McDonough A motion to continue to December 8, 2004 meeting was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-1279, Willow Street(Chatterjee)(CAQ Engineering)(cont, from 10/13/04) Carlos A Quintal of CAQ Engineering and Leonard J Annaloro of Holbrook Realty Trust were present Ms McKay states the meeting held with the engineer Plans are being revised/redesigned to include a better replication site, snow storage areas As a result of these changes, some of the grading will be eliminated and higher retaining walls are proposed The revised plans were not received prior to the meeting, as the Engineer wanted to discuss the options, which were discussed with staff When a final design plans id received and the Commission is satisfied, it can be sent out for outside drainage review Mr Lynch states there should be plantings in place along the 25-feet No-Disturbance Zone Mr Quintal states the snow stockpiling would be on pavement Present to vote Scott Masse, Joseph Lynch, John Mabon, and Sean McDonough A motion to continue to November 17, 2004 meeting was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-1282, 45 Bridges Lane (Koenig)(New England Engineering)(cont. from 10/27/04) Ben Osgood of New England Engineering Services, Inc was present Ms McKay states the filing is for the installation of a subsurface sewage disposal system and associated grading in the buffer zone to a bordering vegetated wetland The resource area is associated with drainage from the surrounding area,which eventually leads to Mosquito Brook The site is not within Floodplain or Riverfront Area The placement of the new septic tank and pump chamber box will be not closer than 75 feet from the wetlands The proposed leaching area is proposed at 88 feet from the wetlands The erosion controls are proposed at suitable locations around the site The wetland flags A2-A6 were reviewed and approved The off property flags were not confirmed, but appear to be accurate The 25-feet No-Disturbance area is well vegetated and being maintained around the property Upon review of the building files, I rejected a building permit for the expansion of the deck on 6/27/02 It appears that from the drawing submitted with the building permit application and the condition of the site (evidence of recent ground disturbance and new footings underneath the deck) that the deck had been expanded without approval and is in violation of the 50-feet No-Build Zone The porch previously existed Mr Masse states the decks have to come down or a heavy fine from date of certain Present to vote Scott Masse, Joseph Lynch, John Mabon, and Sean McDonough A motion to continue to November 17, 2004 meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1281, 50 & 52 Farrwood Avenue (Heritage Green Condominium Trust)(Neve-Morin Group)(cont. from 10/27/04) John Morin of Neve-Morin Group was present Ms McKay states the filing is for drainage improvements, which will include the reconstruction of an existing drainage swale, installation of a culvert PVC pipes and the installation of a catch basin The delineation of the bordering vegetated wetland is associated with the drainage to the rear of the property(connected to the system on the Kittredge Crossing Development) and flows across the Farrwood property through the existing swale catch basin located on Farrwood Avenue During the heavy ram events of the past spring, this area could not properly handle the amount of flow, therefore the proposed improvements The association made a small temporary bridge over the ditch to divert water away from the units in the spring The bridge will be removed under this filing Proposed work within the 25-feet no-disturbance zone includes grading, a 2' high retaining wall, and 4 6" diameter PVC drainage pipes, and associated riprap with the drainage improvements The silt fence only (no hay bales) is proposed at the limit of work Staff recommends that the erosion controls be extended to form a semi circle around the work The wetland line was reviewed and approved No waiver request/alternatives analysis included with this filing for work within the 25-feet no-disturbance zone Staff request quick drainage review from outside consultant Mr Morin states the flooding in the spring had a lot to do with Kittredge Crossing Development Present to vote Scott Masse, Joseph Lynch, John Mabon, and Sean McDonough A motion to continue to November 17, 2004 meeting was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-1286, 230 Webster Woods Lane (Drew)(Arrow Environmental) The applicant Paul Drew was present Mr McDonough read the legal notice Ms Merrill states the filing for the installation of an inground pool, concrete patio, fence and associated grading (minimal) in the buffer zone to a bordering vegetated wetland and an isolated vegetated wetland The lot was part of the Campbell Forest Subdivision filing (DEP file# 242-816), Lot 30-A A pool house and backwash pit filter system is proposed just outside of the 100-feet buffer zone However, in speaking with the building inspector, these structures will need to be relocated, as they do not meet the building setbacks The applicant is aware of this I believe All the other setbacks are met as proposed Soil stockpiling area?Depict location on the plan The wetland boundaries were revisited by Richelle Denny of Arrow Environmental Minimal changes were made from the Campbell Forest approval and are reflected on the plans Staff has reviewed and approved the flags shown around the isolated vegetated wetland Flags BB-83 through BB-85 were approved around the bordering vegetated wetland Although the isolated vegetated wetland was not defined as an Ephemeral Pool when Campbell Forest Subdivision was approved, staff feels that this particular isolated vegetated wetland has distinctive characteristic/features of an Ephemeral Pool, i e distinctive isolated depression with evidence of seasonal ponding (no standing water was observed during my inspection) and water stains/marks on trees/rocks I was able to catch up with Ken Ahern of Mesrti Development regarding this particular isolated vegetated wetland and he indicated to me that he thought this area was dry at least 8-10 months year The staff could not locate any caddisfly larvae cases However the area doses meet the criteria of an Ephemeral Pool under Appendix C category F of the regulations Is the status of the resource area was confirmed, the proposed project would have to be rearranged slightly to meet the 50' / 75' back Present to vote Scott Masse, Joseph Lynch, John Mabon, and Sean McDonough A motion to continue to November 17, 2004 meeting for revised plans was made by Mr Mabon, seconded by Mr McDonough 242-1285, 125 Campion Road (Stoddard)(Norse Environmental) Richard F Kaminski of Kaminski& Associates, Inc , Maureen Hanley of Norse Environmental and Robert Lavoie a lawyer for the applicant were present Mr McDonough read the legal notice Ms McKay states the Notice of Intent and plans were submitted for the slope grading and stabilization, reinforcement of concrete pipes, and the installation of drain manholes and piping within the 100-feet of both an isolated wet meadow and bordering vegetated wetland and dention basin The meadow was apparently created by the runoff from the basin The backyard topography slopes approximately 17%from the detention pond to Lake Cochichewick, which has experience significant erosion(6' x 6' gully) for a number of months The applicant is proposing to install 3 manholes and associated 15" piping from the existing 15" receptacle headwall outlet This portion of the work is proposed within the 25-feet No-Disturbance zone and 502' No- Disturbance zone and will alter approximately 3,050 s f An 18" receptacle flared end pipe outlet with riprap apron is proposed from the last drain manhole at a 1% slope An additional line of 18" boulders will be mortared to ensure proper dissipation This portion of the work is also proposed within the 25-feet No-Disturbance zone, and will alter approximately 4,365 s f As such,the applicant respectively requests a waiver from the setbacks Additionally, the proposed activities will be conducted within the 50-feet No-Build zone on both the upper and lower sections of the slope Under the Bylaw, drainage ways may be allowed may be allowed within this area when no other feasible locations or alternative means of access exits The slope will be back filled and permanently stabilized with hydro-seed and an erosion control blanket An alternative analysis has been submitted converting the eroded gully into an open riprap swale of move the proposed drain pipe 25' from the wet meadow (lower portion) However, that the work proposed in the Notice of Intent is the best method for the site The applicant is also proposing to mitigate for the work within the regulated setbacks with the following A conservation seed mix will be broadcasted throughout the 25-feet No-Disturbance zone and 12 rhododendron shrubs are proposed along the detention basin and 14 rhododendron shrubs along the wet meadow The erosion control hay bales and silt fence are proposed at the near toe of the slope This filing was previously rejected as it was missing several items from the plan and the Notice of Intent Also several discrepancies were found Please refer to the letter dated October 18, 2004, prepared by Pamela Merrill, Conservation Associate All required information have been revised and properly submitted Alison McKay reviewed the wetland line and several flags around the isolated wet meadow were missing Therefore, the line could not be properly be reviewed From the site inspection it was observed that the areas of the 25-feet No-Disturbance zone has been historically maintained and mowed Mr Lavoie states in 1985 this property borders Brooks School the Planning Board received the COC on the houses This lot 1 OAAA is attached to the drainage problem with this house The overflow broken thru the ground and there is a huge gully in the backyard which is not very nice to look at Mr Lynch states the Town of North Andover never accepted this subdivision because this was not built right from the beginning Present to vote Scott Masse, John Mabon, Joseph Lynch and Sean McDonough A motion to continue to November 17, 2004 meeting was made by Mr McDonough, seconded by Mr Lynch Unanimous No Decisions A motion to adjourn the meeting at 11:45pm was made by Mr. McDonough, seconded by Mr. Lynch. Unanimous.