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HomeMy WebLinkAbout2004-11-17 Conservation Commission Minutes Conservation Commission Meeting Minutes November 17, 2004 Members Present: Scott Masse, Chairman, and John J Mabon, Deborah Feltovic, and Sean McDonough Members Absent: Albert Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr , and Beth Wescott Staff Members Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill, Conservation Associate, Donna Wedge, Conservation Secretary Meeting came to order at 7:45pm Quorum Present. General Business 242-871,Partial Bond Release,Berrington Estates(Mesiti Development Corporation)(cont from 10/27/04)(Request to cont. to 12/8/04) No one was present Request to continue to December 8, 2004 meeting Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to December 8, 2004 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1231, Amendment, North Andover Town Utility Pro.ject(Mass Electric)(ENSR)(cont from 9/22/04) (Request to cont. to 1/12/05) No one was present Request to continue to January 12, 2005 meeting Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to with condition re- notify abutters and re-advertise to January 12, 2005 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1138, COC Water Main Replacement-Contract 01-1-Osgood St., Forest St., & S. Bradford St. Town of North Andover-DPW)(cont. from 11/3/04) William Hmurciak of Department of Public Works was present Ms Merrill states at the last meeting, the Commission requested that the applicant submit a new certification letter that was stamped by the Engineer certifying the work and requested the applicant be present for the hearing The applicant has submitted stamped certification letter No further issues were found upon review of the file and the project is in compliance with the Order Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the COC and bond release was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1114, Modification,Meetinghouse Commons (Meetinghouse Commons, LLC)(Epsilon) The applicant Thomas D Zahoruiko of Meetinghouse Commons, LLC was present Ms Merrill states Meetinghouse Common, LLC requests a minor modification from the existing Order of Conditions and approved plans (expires 3/28/05) The proposed work consists of the installation an electric pull box and associated pole and duck work at the intersection of Dale Street& Meetinghouse Commons and within the buffer zone to an isolated vegetated wetland The pull box will be located within an area that has been approved for other construction activities (1 e , utilities and sidewalks) New underground utilities will be installed from the pull box to an electric pole (this pole will be re-located approximately 90-feet from its current location) along the shoulder of Dale Street This electric pole will be relocated within the buffer zone to an adjacent bordering vegetated wetland on Smolak Farms Michael Howard, Epsilon Associates, Inc prepared a letter, dated November 4, 2004, stating that with the use of the current erosion controls measures the proposed utility installation would not result in adverse effects to the wetland resource areas or the interests outlined in the NACC Wetland Bylaw Recommendations To issue modification to 242-1114 with special condition that additional erosion controls (staked hay bales& silt fence) be installed along the edge of the wetland resource area along the shoulder of Dale Street Conservation Staff shall be notified prior to the commencement of any utility work, in order to inspect the erosion controls Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the modification requirement to have pre-construction meeting before any work being done,was made by Mr Mabon, seconded by Mr McDonough Unanimous 242-1100, 534 South Bradford Street(Quigley)(Hancock Associates) The applicant Mrs Quigley was present Ms Merrill states the Order of Conditions was issued on March 27, 2003 for the demolition of and existing single-family dwelling in order to construct a new single-family dwelling with driveway, utilities,retaining wall, deck within the buffer zone to a bordering vegetated wetland Hancock Engineering was designated as the Environmental Monitor and submitted reports throughout the construction An inspection was conducted on November 15, 2004 The site was observed stable The as-built plans are consistent with the approved plan with the exception of the concrete patio the surrounds the pool is smaller than proposed by 403 s f and two infiltration trenches (4"perforated pvc pipes) were installed around the patio, in order to divert water away from the pool & house The infiltration pipes do not have surface discharge points Julie Parrmo, former Administrator, authorized this modification The wetland flags were up Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the COC and bond release was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1182, COC, 1174 Turnpike Street (Finley)(Merrimack Engineering Services, Inc.) The applicants Mr & Mrs Finley were present Ms Merrill states the Order of Conditions was issued on March 27, 2003 for the demolition of an existing single-family dwelling in order to construct a new single-family dwelling with driveway, utilities, and retaining wall and deck within the buffer zone to a bordering vegetated wetland A planting plan was implemented to re- establish the 25-feet No-Disturbance Zone, plantings consisted of 6 chokeberry & 6 service shrubs These shrubs were planted in May/June 2003, and have continued to do well throughout the last growing season Michael Howard of Epsilon Associates, Inc submitted monitoring reports throughout the construction on behalf of the applicant A compliance inspection was conducted on Friday,November 12, 2004 The entire site is stable with grass The wetland markers were up The wetland flags and tags were still up in the field The as-built plans were consistent with the development Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue COC and bond release was made by Mr Mabon, seconded by Ms. Feltovic Unanimous 242-1204, COC, 46 Wildrose Drive (Matragi)(New England Engineering) Ben Osgood of New England Engineering Services, Inc was present Ms Merrill states the Order of Conditions was issued on June 26, 2003 for the installation of a 2' high interlock retaining wall within the buffer zone to a bordering vegetated wetland and associated with Mosquito Brook(Riverfront Resource Area) A picket fence was approved under this Order, however, a modification for a chain link fence was approved by the NACC on May,12, 2004 In accordance with Condition# 52, the applicant was required to plant 7 high bush blueberry shrubs & 7 gray dogwoods, along the backside of the wall, which must successfully survive at least one growing season According to Ben Osgood, Environmental Monitor, the plants were installed in the fall of 2003 Monitoring reports were found in the file A compliance inspection was conducted on Friday November 12, 2004 The entire site is stable with grass The wetland markers are up The flags are still up The setbacks are being met The plantings were observed to be well established after one full growing season The as-built plans are consistent with the approved plans Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the COC and bond release was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-985, COC, Lot A Forest Street (Joyce)(Christiansen & Sergi, Inc.) No one was present Ms Merrill states the Order of Conditions was issued to Ralph Joyce on November 3, 1999, for construction of 2 single-family dwelling (Lot A & B), driveway, septic system, utilities, and site clearing and grading within the buffer zone to a bordering vegetated wetland and a Certified Vernal Pool The request for a COC is reflective of lot A The applicant was granted a waiver from the 50-feet No-build Zone to access the upland areas via a common driveway The required mitigation was to restore 2, 624 s f of historically disturbed upland in two locations (18 red & white oak saplings, 3 Sassafras saplings and a wildlife seed mix Julie Parrmo, former Administrator, approved, in-house modifications on November 13, 2002 Michael Joyce, Environmental Services was assigned to be the Environmental Monitor Reports were found throughout the construction An inspection was conducted on Monday,November 15, 2004 The site and as-built plan are consistent with the most recent plans dated November 7, 2002 Michael Howard of Epsilon Associates, Inc prepared a letter to the NACC, dated August 11, 2004, which documents the status of the restoration areas It states the plantings are healthy, however some saplings exhibit signs of stress from insect damage (Japanese beetle) Areas showed a 90% survival rate, which exceeds the 75%requirement outlined in the Order of Conditions The new owner knowing he bought the house with and Order of Conditions attached to the deed signed the affidavit Ms Merrill there was a pile of grass clippings being stored in the back yard Mr McDonough states was the driveway paved? Ms Merrill states no the driveway was not paved Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue COC and bond release but hold until grass clippings are cleaned up and staff goes out to verify the clippings have been removed was made by Mr Mabon, seconded by Ms Feltovic Unanimous Enforcement Order Ratification 43 Mill Road No one was present Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Mabon Unanimous Cotuit Street & Leyden Street No one was present Present to vote Scott Masse,John Mabon, Deborah Feltovic, and Sean McDonough A motion to ratify the Enforcement Order was made by Mr Mabon, seconded by Ms Feltovic Unanimous Forest View Estates No one was present Ms Merrill states a modification was done on July 2, 2004 a sections of the property had concrete and disturb some areas and the area was not seeded Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to ratify the Enforcement Order was made by Mr Mabon, seconded by Ms Feltovic 3 to 1 Vote No Recess Public Hearings 8:05pm Abbreviated Notice of Resource Area Delineation 242-1287, Bridle Path, Subdivision Lot 20A- Map 104C,Parcel 82 (Kucharzy-Hefco Realty Trust)(Wetland Preservation,Inc.) James Bolduc of Wetland Preservation, Inc was present Mr McDonough read the legal notice Ms McKay states the filing is for the confirmation of the wetland boundary and associated buffer zones 1 33 acre forested lot located off Bridle Path A positive DOA was issued on 5/28/97 for the confirmation of the same boundary The ANRAD filed to re-confirm the wetland boundary, as the DOA was issued 7 years ago The boundary was re-delineated by Wetland Preservation, Inc , on July 1, 2004 The resource area is a bordering vegetated wetland associated with an intermittent stream, which was confirmed using stream stats data The site is not within Floodplain or Estimated Habitat The site is within the Watershed Protection District, therefore the plan includes the watershed buffer zones The new wetland boundary reviewed and approved by Staff There are no other issues Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the ORAD was made by Ms Feltovic, seconded by Mr Mabon Unanimous NACC# 17— 165 Bridle Path (Schmitt)(Andover Consultants,Inc.) William McCloud of Andover Consultants, Inc and Abutters George and Kim Chatson were present Ms McKay states the filing is for the construction of an addition to an existing single- family dwelling within the Buffer Zone to an isolated vegetated wetland The site is also within the Watershed Protection District The proposed addition is 77 feet from the closet wetland flag The erosion controls are proposed and are suitable location The wetlands were flagged by Steve Eriksen of Norse Environmental Services in September of 2004 the wetland off property, therefore not approved by staff The flags appear to be in suitable locations The isolated vegetated wetland extends further off property to # 127 Bridle Path (Chatson filing 242-1168), where replication and restoration was required No violations observed on site (statement written prior to receiving fax as noted below) The fax received today at 3 30 p in from Chatson's attorney claiming that there are violations on the site Staff does not feel that such violations are legitimate If there are direct violations to the resource area, staff cannot confirm as the wetlands are off property at 145 Bridle Path The deck is outside of Conservation Commission jurisdiction Abutter Thomas Mitro of 145 Bridle Path was not present Mrs Chatson states observed in the pass two years they have cleared some trees Mr Mitro told Mrs Chatson that he is concerned of the run-off in the spring for and addition should include storm water drainage to prevent run-off Mr Chatson states we will permission to walk the property of 145 Bridle Path Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion continue to December 8, 2004 meeting to allow staff to review if there are any violations was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1277, Boston Street, Lot 10 (Litchfield) (Serwatka)(cont. from 11/3/04) Joseph Serwatka of Serwatka Engineering was present Ms Merrill states the filing is for construction of a single-family dwelling, deck, driveway, and associated site clearing and grading in the buffer zone to a bordering vegetated wetland The plans have been revised on November 8, 2004, which are reflective of comments made at the last meeting Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1278, Boston Street Lot 11 (Litchfield)(Serwatka)(cont. from 11/3/04) Joseph Serwatka of Serwatka Engineering was present Ms Merrill states the filing is for construction of a single-family dwelling, deck, driveway, and associated clearing and grading in the buffer zone to a bordering vegetated wetland The plans have been revised on November 8, 2004, which reflective of comments made at the last meeting Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1276,Boston Street Lot 12 (Litchfield)(Serwatka)(cont. from 11/3/04) Joseph Serwatka of Serwatka Engineering was present Ms Merrill states the filing is for construction of a single-family dwelling, deck, driveway, and associated site clearing and grading in the buffer zone to a bordering vegetated wetland The plans have been revised on November 8, 2004, which are reflective of comments made at the last meeting Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1275, Gray Street Lot 14 (Litchfield)(Serwatka)(cont. from 11/3/04) Joseph Serwatka of Serwatka Engineering was present Ms Merrill states the filing is for the construction of a single-family, deck, driveway, and associated site clearing and grading in the buffer zone to a bordering vegetated wetland The plans have been revised November 8, 2004, which reflective of comments made at the last meeting Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1274, Gray Street Lot 15 (Litchfield)(Serwatka)(cont. from 11/RM Joseph Serwatka of Serwatka Engineering was present Ms Merrill states the filing is for construction of the single-family dwelling, deck, driveway, and associated site clearing and grading in the buffer zone to a bordering vegetated wetland The plans have been revised on November 8, 2004, which are reflective of comments made at last meeting Present to vote Scott Masse, John Mabon,Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1280, 100 Cricket Lane(Lynch)(Merrimack Engineering)(cont. from 11/3/04) John Murphy of Merrimack Engineering was present Ms McKay states at the last meeting the only remaining issue was the note indicating the lot# on the plan The Commission requested this note be changed reflecting the correct lot# The appropriate plan change has been made and revised plans submitted No further issues Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1282, 45 Bridges Lane (Koenig)(New England Engineering)(cont. from 11/3/04) The applicant Beth Koenig and Ben Osgood of New England Engineering were present Ms McKay states at the last meeting the Commission discussed 2 options in handling the noted violation, removal of the new deck(s) of retroactive fines from a date certain Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to close and issue a decision in 21 days with condition to have the two decks removed was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1286, 230 Webster Woods Lane (Drew)(Arrow Environmental)(cont. 11/3/04) The applicant Paul Drew was present Ms Merrill states the revised plans submitted showing relocation of the pool for compliance with new setbacks to Ephemeral Pool Habitat The plans appear to be off scale by 1 +/-foot at the pool location (instead of 75 15 from the wetland flag to the pool patio, it is actually 74+/-feet) The applicant, engineer, and applicant's representative was notified to discuss Present to vote Scott Masse, John Mabon, Deborah Feltovic and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1288, Saville Street(Ahern)(cont. from 11/3/04) Robert Ahern of Rkaco, LLC, and Laurie Powers of Seekamp Environmental Consulting were present Ms McKay note re delineation of the bordering vegetated wetland should be changed to delineation by local conservation commission and Seekamp Environmental Consulting, not Norse Environmental Since now bordering vegetated wetland and not isolated vegetated wetland, area under above note not necessary Should be omitted Although revised plans stamped today, staff had adequate time to review changes The revised plans have been submitted and are satisfactory Present to vote Scott Masse, John Mabon, Deborah Feltovic and Sean McDonough A motion to close and issue a decision in 21 days was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1261, Cotuit Street& Leyden Street (Burke)(New England Engineering)(cont. from 11/3/04) Ben Osgood of New England Engineering and Abutter Joseph Wilkie and Abutter Robert Soloman were present Ms McKay states the revised plans and response comments to drainage Lisa Eggleston review received yesterday (11/16/04), after 7-day submission policy The staff and outside consultant have not reviewed Mr Wilkie states the 4-foot chain link fence around the pond and stonewall that is fine because of young children you do not want them playing in the pond Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to December 8, 2004 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1279,Willow Street(Chatter_jee)(CAQ Engineering)(cont. from 11/3/04) Carlos A Quintal of CAQ Engineering and Leonard J Annaloro of Holbrook Realty Trust were present Ms McKay states the revised plans were received incorporating suggestions made by staff and Commission An escrow account should be set up for necessary outside drainage review A wetland Replication Plan was submitted by Leah Basbanes (received today) The staff has not reviewed or approved the Plan Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to set up escrow account for outside consultant to review the drainage the amount of$ 5, 000 was made by Mr Mabon, seconded by Ms Feltovic Unanimous A motion to continue to December 8, 2004 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1281,50 & 52 Farwood Avenue (Heritage Green Condominium Trust)(Neve-Morin Group)(cont. from 11/3/04) John Morin of Neve-Morin Group was present Ms McKay states at the last meeting the Commission requested silt sacs /bags for catch basin protection and the submission of an alternatives analysis for work with in the No-Disturb Zone The revised plans have been submitted to include inlet protection (silt sacks or by-placing silt fence around structures) at the two existing catch basins located on Farrwood Ave downstream from the proposed work Neve- Morin letter includes section for alternative analysis stating in order for drainage system to work properly you must start on the southerly side of an existing walkway that leads from the parking lot to the rear of the building If work were started outside of the 25-feet No-Disturbance Zone, surface runoff would flow over the walkway causing dangerous conditions, which may result in the walkway becoming impassible Further, the applicant feels that the proposed work within 25- feet no-disturbance zone would have adversely impacts on the resource area values since there is feet no-disturbance zone would have adversely impacts on the resource area values since there is no additional impervious surface being proposed nor are any trees being proposed to be removed in the no-disturbance zone Joseph Lynch requested for staff the follow up whether the O & M plan for the site is being complied with Present to vote Scott Masse, John Mabon, Deborah Feltovic and Sean McDonough A motion to continue to December 8, 2004 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1285, 125 Campion Road (Stoddard)(Norse Environmental)(cont. from 11/3/04) The applicant's lawyer Robert Lavoie and Richard Kaminski of Kaminski & Associates, Inc were present Ms McKay states at the last meeting, the Commission requested drainage calculations to compare approved design as-built conditions to current proposed conditions of the detention pond to attain the hydraulic capability (orifice analysis though the pipe itself) The Commission also discussed short-term stabilization methods such as boulder check dams and basting stones to slow down the velocity of the water along to avoid any further harm to the resource areas An Enforcement Order to address these issues was discussed, but the Commission took no action in this regard The isolated vegetated wetland was reviewed and confirmed DEP file# comment Detention Basin services the subdivision- Stormwater Management Policy doses apply to the project Old subdivision filings reviewed in house by staff, but not formalized in writing yet The information received the afternoon of the meeting and was not reviewed by staff It is my understanding that the applicant did not submit the requested calculations Mr Kaminski states he has been talking to Michael Abbell of DEP he had concerns about the drainage swale and the grassed swale The wetland area needs to be cleaned up boulders and rocks are in there We would submit the calculations as required Present to vote Scott Masse, John Mabon, Deborah Feltovic and Sean McDonough A motion to continue to December 8, 2004 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous Decisions 242-1273, 113 Bridges Lane (Kitchen)(New England Engineering) Present to vote Scott Masse, John Mabon, Deborah Feltovic and Sean McDonough A motion to set the bond amount at$ 2,000 and to remove the Shed was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1284, 69 Oakes Drive (Carey)(New England Engineering) Present to vote Scott Masse, John Mabon, Deborah Feltovic and Sean McDonough A motion to set the bond amount at $ 2,000 was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1280, 100 Cricket Lane (Lynch)(Merrimack Engineering) Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to set the bond amount at$ 2,000 and accept as drafted the Order of Conditions was made by Ms Feltovic, seconded by Mr Mabon Unanimous i 242-1277, Boston Street Lot 10 (Litchfield)(Serwatka) Present to vote Scott Masse, John Mahon,Deborah Feltovic and Sean McDonough A motion to set the bond money at $ 3,000 and to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1278,Boston Street Lot 11 (Litchfield)(Serwatka) Present to vote Scott Masse, John Mabon, Deborah Feltovic and Sean McDonough A motion to set the bond amount at $ 3,000 and to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded Mr Mabon Unanimous 242-1276, Boston Street Lot 12 (Litchfield)(Serwatka) Present to vote Scott Masse, John Mabon,Deborah Feltovic and Sean McDonough A motion to set the bond amount at $ 3,000 and to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1275 Gray Street Lot 14 (Litchfield)(Serwatka) Present to vote Scott Masse, John Mabon, Deborah Feltovic and Sean McDonough A motion to set the bond amount at $ 3,000 and to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1274, Gray Street Lot 15 (Litchfield)(Serwatka) Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to set the bond amount at $ 3,000 and to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1282, 45 Bridges Lane (Koenig)(New England Engineering) Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to set the bond money amount at$ 2,000 and to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Mabon Unanimous I 242-1286,230 Webster Woods Lane(Drew)(Arrow Environmental) Present to vote Scott Masse, John Mabon, Deborah Feltovic, and Sean McDonough A motion to set the bond amount at $ 2,000 and to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Mabon Unanimous A motion to adjourn the meeting at 10:00pm was made by Mr. Mabon, seconded by Ms. Feltovic. i I