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HomeMy WebLinkAbout2004-12-08 Conservation Commission Minutes lL Conservation Commission Meeting Minutes December 8,2004 Members Present: Scott Masse, Chairman, and Albert Manzi, Jr , Vice Chairman,John J Mabon, Joseph W Lynch, Jr , and Sean F McDonough Members Absent: Deborah Feltovic, Beth Wescott Staff Members Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill, Conservation Associate, Donna Wedge, Conservation Secretary Community Development Director Present: Heidi Griffin Meeting came to Order at 7:00pm Quorum Present. General Business 242-1087, Extension,Lawrence Municipal Airport (Lawrence Enterprise Commission)(Town of North Andover) Heidi Griffin of Community Development Director was present Ms Merrill states the Order of Conditions was issued on December 12, 2001 for construction of access roadways,utilities, stormwater drainage structures, and site clearing and grading associated with the future development of a 316K s f Industrial building Additional off-site work included the sewer force main extension (1 1 miles) from proposed pump station to the Greater Lawrence Sanitary District system The Order of Conditions expires on December 12, 2004 We received a request letter on November 10, 2004 This is the first extension request The approved plans reference in the Order of Conditions (dated rev 11/20/01) was not found in our files The record plans we do have are dated August 17, 2001 revised through September 25, 2001 Ms Merrill walked the wetland line with Michael Howard and Julie Vondrak, of Epsilon Associates The wetland flags were refreshed The wetland line has not changed Gale Associates will be sending us a copy of the record plans The filing fee paid thru a Purchase Order $ 50 00 from Lawrence and $ 50 00 from Town of North Andover The commission wanted to know why no work has commenced yet Mrs Griffin states there were negotiations going on a long time for leasing property or buying property this problem has sense been worked out The Commission asked if any bond money has been posted Ms Merrill states no bond money has been posted Present to vote Scott Masse, Albert Manzi, Jr , John Mabon, and Joseph Lynch A motion to issue the extension was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-871,Partial Bond Release,Berrington Estates (Mesiti Development Corporation)(cont. from 10/27/04) Allen Russell of Mesiti Development Corporation was present Ms Merrill states I walked the perimeter of the entire subdivision All areas were well stabilized with grass vegetation It appears the exposed area(s) Julie may have been referring to has been permanently stabilized with stone riprap Most of the temporary erosion controls are apparent and still intact In accordance with the SOOC, (condition# 38), after all work is complete, edge of the wetland resource area and the No Disturbance Zone shall be permanently marked designating their sensitivity This has been done In accordance with condition# 37,permanent signage designating "No Salt Zone" and "No Snow Stockpiling Zones" shall be displayed in prominent locations to be approved by NACC and DPW This has been done in 2 locations The wetland markers were put along the erosion controls line on both sides of the retaining wall The as-built plans were submitted and are consistent with the approved plans Jim Carroll, owner will request COC from DEP The Commission would require a record plan of the subdivision Present to vote Scott Masse,Albert Manzi, Jr , John Mabon, and Joseph Lynch A motion to continue to December 22, 2004 meeting was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-885, PCOC,Lot 21(9 170 Palomino Drive)(Forest View Estates)(Pulte Homes of New England)(cont. from 11/3/04) John Barrows, P E of Marchionda Associates was present Ms Merrill states the new as-built plans were submitted, dated 10/25/04 revised through 11/29/04 A measurement was taken from wetland flag 22A riprap apron 26 feet The site is stable and setbacks have been met Present to vote Scott Masse,Albert Manzi, Jr , John Mabon and Joseph Lynch A motion to issue the PCOC, only doses not certify the drainage was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-885, PCOC,Lot 23 (#201 Amberville Road)(Forest View Estates)(Pulte Homes of New England)(cont. 11/3/04) John Barrows,P E of Marchionda Associates was present Ms Merrill states the as-built plans are consistent with the latest plans (9/08/03,house design was smaller and further away from the bordering vegetated wetland and minor changes to the grading) with exception of the deck It's longer (20' x 6')than proposed (12' x 6') and the steps were installed on the opposite side as previously approved This modification still conforms to the 50-feet No-Build Zone The measurement was taken from the wetland flag D-15 to sono tube associated to the deck 51' The site is appeared stable with no evidence of erosion at the time of the inspection The set backs are being maintained Present to vote Scott Masse,Albert Manzi, Jr , John Mabon, and Joseph Lynch A motion to issue the PCOC only doses not certify the drainage was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-885, Lot 24, (195 Amberville Road)(Forest View Estates)(Pulte Homes of New England)(cont. from 11/3/04) John Barrows, P E of Marchionda Associates was present Ms Merrill states the as-built plans is consistent with the latest plan (7/22/03), minor grading modification and driveway was flipped to opposite side as originally proposed) with the exception of an additional boulder wall that was constructed on the right side of the single-family dwelling The deck was constructed slightly bigger (4' x 12' to 5' x 12') than originally proposed The measurement from the wetland flagD- 13 to sono tubes 51' This modification still conforms to the 50-feet No-Build Zone The area underneath the deck remains exposed, however no runoff was observed during the inspection The site appeared stable with no evidence of erosion at the time of inspection All the setbacks are being maintained Present to vote Scott Masse, Albert Manzi, Jr , John Mabon and Joseph Lynch A motion to issue the PCOC only doses not certify the drainage was made by Mr Mabon, seconded by Mr Manzi 3 to 1 vote i 242-885, Lot 25 (#191 Amberville Road)(Forest View Estates)(Pulte Homes of New England)(cont. from 11/3/04) John Barrows, P E Marchionda Associates was present Ms Merrill states the as-built plans is consistent with the latest plan (3/18/04) with exception the single-family dwelling is slightly longer than proposed by 3 feet and bulkhead is smaller than proposed The site appeared stable with no evidence of erosion at the time of the inspection (11/29/04) The set backs are being maintained Measurement from wetland flag D-11 to Sono tube associated with the deck 51' Present to vote Scott Masse, Albert Manzi, Jr , John Mabon, and Joseph Lynch A motion to issue PCOC only doses not certify the drainage was made by Mr Mabon, seconded by Mr Lynch 3 to 1 vote 242-885 Lot 26 (#183 Amberville Road)(Forest View Estates)(Pulte Homes of New England)(cont. from 11/3/04) John Barrows, P E of Marchionda Associates was present Ms Merrill states the as-built plan is consistent with the approved plan, except for the length of the boulder wall that is located at the front corner of the single-family dwelling The wall was built slightly longer than originally proposed No encroachment towards the bordering vegetated wetland was observed and setbacks are still maintained The slope in the rear of the property seemed to have experienced some erosion runoff towards the erosion control subsequent seeding Several rills were observed and remain exposed As a result, the foundation drain was partial exposed This issue has been resolved with sod and was confirmed during the November 29, 2004 site inspection The site appeared stable during inspection Measurement to wetland flag D-9 to sonotube associated to the deck 51 5' Present to vote Scott Masse, Albert Manzi, Jr , John Mabon, and Joseph Lynch A motion to deny the PCOC for Lot 26 was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-885, Lot 27 (#171 Amberville Road)(Forest View Estates)(Pulte Homes of New England)(cont. from 11/3/04) John Barrows, P E of Marchionda Associates was present Ms Merrill states the as-built plan is consistent with the latest plan (7-8-03, minor grading modification and driveway flipped from original from the original design) with the exception of additional boulder walls that were constructed at the rear corners of the single-family dwelling The modification does not result in any adverse effects to the bordering vegetated wetland, and still conforms to the regulated setbacks There is a ground level wood patio with a pea stone play area/swing set located in the right rear corner of the single-family dwelling The measurement from wetland flag D-5 to corner of the play area is 52' The measurement from wetland flag D-7 to sono tube associated With to the deck 53' Present to vote Scott Masse, Albert Manzi, Jr, John Mabon and Joseph Lynch A motion to issue the PCOC only doses not certify the drainage was made by Mr Lynch, seconded by Mr Manzi Unanimous 242-885, Lot 28 (#165 Amberville Road)(Forest View Estates)(Pulte Homes of New England)(cont. from 11/3/04) John Barrows, P E of Marchionda Associates was present Ms Merrill states the as-built plan is consistent with the approved plan with the exception of portions of the erosion control was installed within the 25-feet No-Disturbance Zone As a result, the clearing and grading was conducted in the area Due to the steepness of the rear slope, the 25-feet No-Disturbance Zone is not being maintained The grass and other vegetation were observed over 1-foot tall A 2-tier boulder wall was installed closer to the bordering vegetated wetland than originally proposed but is outside of the 25-feet No-Disturbance Zone The additional stairs associated to the deck were installed outside of the 50-feet No-Build Zone The measurement from wetland flag D-4 to sonotube associated to the deck 53' The site is stable TruGreen Chemlawn the lawn has been fertilized Mr Manzi states the Commission requires low nitrogen fertilizer Present to vote Scott Masse, Albert Manzi, Jr , John Mabon, and Joseph Lynch A motion to issue the PCOC for lot 28 only doses not certify the drainage 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)(cont. from 11/3/04) John Barrows, P E of Marchionda Associates was present Ms Merrill states the as-built plan is consistent with the latest modified site plan (10-6-00, a deck and front walk were added around the house The site appears stable Measurement from the wetland flag F-10 to the single-family dwelling 53' The setbacks are being maintained Both NACC and MA State Forest Markers were up along the 25-feet No-Disturbance Zone Present to vote Scott Masse, Albert Manzi, Jr , Joseph Lynch and John Mabon A motion to issue the PCOC only doses not certify the drainage was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1164, COC, 193 Gray Street(Twadelle) The applicant Mr Twadelle was present Ms Merrill states the Order of Conditions was issued on June 24, 2002 for in-ground and concrete patio with associated grading within the buffer zone to a bordering vegetated wetland The applicant was required to plant 3 crabapple trees 4 highbush blueberry shrubs as part of the conditional approved under a Negative Determination of Applicability The plants were installed in September 2002 John Dick, P L S was designated as the Environmental Monitor The reports were found in the file The markers have been installed The site is stable A measurement from the wetland flag A-1 to the fence was taken 60' A measurement from wetland flag A-5 to the fence was taken 63' The as-built plan is consistent The setbacks are being maintained Present to vote Scott Masse, Albert Manzi, Jr , John Mabon, and Joseph Lynch A motion to issue the COC and bond release was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-115,COC,Lot 35A 151 Carlton Lane (Sauls) No one was present Ms Merrill states the Order of Conditions was issued on December 21, 1982 for the construction of several lots on Carlton Lane and Johnnycake Lane Most if not all these lots have received a PCOC Under this Order, (Condition # 19A it states that no work shall be allowed under this filing on lots 35, 39, 47, or 53 A new Notice of Intent will be required to file for any work on these lots On September 3, 1985 an Order of Conditions DEP # 242-254 was issued for lots 32, 33, 35, 39 Carlton Lane The closing counselor for the previous buyer is requesting a COC on his behalf, as funds are being held in escrow pending the issuance of a COC The request for the COC is for lot 35A I have reviewed both 242-115 & 242-254 and found nothing stating 35A Nothing in the file showed the lot 35 was subdivided into 2 lots (35 & 35A) the site plan for lot 35 is consistent with 151 Carlton Lane The Registry of Deeds has a record plan of lot 35A is a portion of lot 35 Again, nothing in our files depicts this information A COC was issued on December 17, 1986 for lots 32, 33, 35, (DEP 242-254) A site inspection was conducted on Monday, November 29,2004 Site appeared stable As-built plans were not required under the Order of Conditions Present to vote Scott Masse, Albert Manzi, Jr , John Mabon, and Joseph Lynch A motion to issue the PCOC for Lot 35A was made by Mr Lynch, seconded by Mr Mabon Unanimous Heidi Griffin Community Development Director left at 7:45pm. 242-1217, COC 30 Springhill Road (Kramer) The applicant Mr Kramer was present Ms Merrill states the Order of Conditions was issued on October 22, 2003 for construction of an in ground and concrete patio within the buffer zone to an isolated wetland Steve D'Urso was designated as the Environmental Monitor The reports were found in the file throughout the construction activities A site inspection was conducted on November 29, 2004 Condition 4 48 required the applicant to re-vegetate the maintained area between flags A-4 & A-5 Four high bush blueberry shrubs and 4 serviceberry shrubs were planted June 2004 The shrubs appeared to be well established with no sign of stress The as-built plan is consistent with the approved plan Measurement was taken from wetland flag A-4 to fence 76' Measurement was taken from wetland Flag A-5 to fence 80' The erosion control has been removed and is stable with woodchips/mulch The site is stable with grass with no evidence of erosion runoff during inspection Present to vote Scott Masse, Albert Manzi, Jr , John Mabon, and Joseph Lynch A motion to issue the COC and bond release was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1179, Carter Fields Request for Certificate of Compliance The applicant Thomas D Zahoruiko of Tara Leigh Development, LLC was present Ms Merrill states the Order of Conditions was issued on December 12, 2003 for the construction of a roadway and utilities across an intermittent stream and bordering vegetated wetland, filed as a limited project under 310MCR 10 53(e) Portions of the parking lot with a recreational field were constructed within the buffer zone to bordering vegetated wetland The roadway services 17 lot subdivision and 3 recreational ball fields, all outside of the buffer zone On June 25, 2003, the NACC voted to release,bond reduction of 24k ($ 12K for wetland crossing, $ 12k for wetland replication), leaving a balance of $ 9,120 00 Epsilon Associates submitted their final wetland replication monitoring report on October 12, 2004, which states that it has successfully completed two growing season Furthermore, the plantings within the replication area continue to thrive, and the soils exhibit saturated and or ponded water, suggesting that the site will develop common hydric soil features over time Mr Michael Howard did indicate that the banks of the intermittent stream channel have caused some sideslopes scouring the erosion in the replication area In order to permanently stabilize the sideslopes from further scouring, riprap was recommended in this location A site inspection was conducted on Monday, December 6, 2004 with Mr Zahoruiko, which revealed that the site was very stable The as-built plans of the wetland mitigation area, the wetland crossing, and the entire subdivision accompanied the request for the COC The plans are consistent with the approved plans The wetland crossing appeared stable with no sign of erosion or turbity The wetland mitigation area appeared to be thriving with herbaceous vegetation The ponding water was observed during the inspection The applicant has placed riprap on the sideslope, as recommended by Mr Michael Howard Mr Manzi states the replication areas has gone thru two growing seasons there is no problem with i this project Mr Lynch states if 75% off plantings survive two years of growing seasons project is doing very good Present to vote Scott Masse, Albert Manzi, Jr , John Mabon, and Joseph Lynch A motion to issue the COC and bond release was made by Mr Manzi, seconded by Mr Lynch Unanimous Public,Hearings: 8:10pm Request for Determination of Applicability (s) Route 495 (North Andover)(MassHighway Department) Mr Robert Boone a District Engineer for MassHighway Department was present Mr Lynch read the legal notice Ms McKay states the filing if for the resurfacing of Route 495 and other associated maintenance and improvement work within the buffer zone to a bordering vegetated wetland and within River Front Area of the Shawsheen River The work is limited, 495 spans a short distance in North Andover MassHighway has noted that the work is exempt from local bylaw, which is accurate They are requesting a Negative 3 Determination of Applicability The staff reviewed the 495 stretch with Robert Boone, MAHighway District Engineer The resource areas are mainly at the toe of steeply sloped grades The catch basins line along the shoulders in many locations A paved concrete drainage swale at the bottom of the slope beyond the highway will be lined with stone The engineer has informed me that catch basins will be lined with filter fabric during construction activities He also requested that the use of hay bales only with no silt fence to be placed at the top of the slope in any location where work be within the buffer zone to a resource area, as this is typical practice to use hay bales only The project description included in the application, however, states" Hay bales and silt fence will be located at areas of environmental concern I was also informed that hay bales may be installed on the site at the direction of the project Engineer/Supervisor and not ahead of time, which is routine Mr Boone states no definite time fame when work would be started Most of the work would on the edge of the Highway and repaving parts of the Highway Present to vote Scott Masse, Albert Manzi, Jr , John Mabon, and Joseph Lynch A motion to issue a negative 3 determination conditions catch basin protection with filter fabric, Notification to the Conservation Department of the specific work in each area within a 100' of a resource, including, but not exclusive to the work associated with the concrete drainage swale, installation of erosion controls, proper storage of equipment and machinery, and a Post Construction Inspection was made by Mr Manzi, seconded by Mr Mabon Unanimous Abbreviated Notice of Resource Area Delineation 242-0000, 2009 Salem Street (Chestnut Development, LLC)(West Environmental)(Request to cont. 12/22/04) Mark West of West Environmental an abutter Jack Devlin of Weyland Circle was present Mr Lynch read legal notice Mr Masse recused from voting and left the room Mr Lynch states no quorum to vote No action taken Continue to December 22, 2004 meeting Association going to take care of the maintenance Mr Osgood states 3 areas would need to be clean once a year Mr Wilkie states stonewall would be strong enough to hold up over time Mrs Greenbaun states would there be a unit coming off of Leyden Street Mr Osgood states yes there would by one unit coming out from Leyden Street Mr Lynch states we need to have an O & M plan for maintenance Mr Manzi states the Order of Conditions have the operations of the on going maintenance required in the order Mr Lynch states the abutters have a problem with the berm there is safety with the razed berm Mr Osgood states the berm would a gentle to hold water back behind in case of embankment break out Present to vote Scott Masse, Albert Manzi, Jr, John Mabon and Joseph Lynch A motion to December 22, 2004 meeting to require revised plans including plantings, gates on the fences, depressed berm emergency spill way, was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1281, 50 & 52 Farrwood Avenue (Heritage Green Condominium Trust)(Neve-Morin Group)(cont. from 11/17/04) John Morin of Neve-Morin Group, Inc was present Ms McKay states the hearing was continued so that staff could follow up on a previous request from Mr Lynch as to whether the O & M plan at Kittredge Crossing is being complied with Although staff has been aware of periodic stormwater maintenance through the environmental monitoring reports (catch basins last cleaned summer 2004, regular street sweeping, ect), it is unknown whether the O & M plan was complied with as no engineering reports were filed to date as required in the Order of Conditions Ms Merrill if following up with the applicant in this regard Present to vote Scott Masse, Albert Manzi, Jr , John Mabon, and Joseph Lynch A motion to issue a decision in 21 days was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1285, 125 Campion Road (Stoddard)(Norse Environmental)(cont. from 11/17/04) Richard Kaminski of Kaminski & Associates, Inc and The applicants Lawyer Robert Lavoie were present Ms McKay states the staff concerns/recommendations of 11/3/04 included the following erosion during the construction process-monitoring will be important, soil stockpiling areas shown on revised plan, the rhododendron plantings be replaced with some of the following shrubs cranberry, blueberry, serviceberry, black chokeberry, red-osier dogwood, winterberry, ect The applicant's engineer requested staff to contact DEP for clarity in this regard staff did not have a chance to speak with DEP A letter submitted by Richard Kaminski on 11/17/04 regarding research on the original Campion Hall Subdivision filing was received per the Commission's request to look into the function, capacity and as-built status of the existing pond The letter also addresses the Commission's request of a localized drainage study to determine if it was designed properly to satisfy its intended use This letter was discussed at the last meeting Mr Lynch has been coordinating with the applicant's engineer and I believe they have come to an agreement, which would satisfy the previous drainage study request Revised plans show outlet structure pulled back outside of the 25' no-disturb, therefore additional mitigation not required Mr Lynch states drop the manhole would cause a reduction in the flow of the water no longer velocity that causes erosion Mr Manzi states the flared end of the riprap would slow down the flow of the water Present to vote Scott Masse, Albert Manzi, Jr , John Mabon, and Joseph Lynch A motion to close and issue a decision in 21 days was made by Mr Lynch, seconded by Mr Manzi Unanimous Mr. Albert Manzi left the meeting at: 9:45pm Recess for 15 mins. Alison McKay left to go to office to get Sean McDonough telephone number to see if he would be able to attend the meeting. Mr. Sean McDonough arrived at: 10:28pm Meeting started at 10:28 Quorum Present. 242-1283, Berry Street, (Higorani)(Wetland Preservation, Inc.)(cont. 11/3/04) The applicant Peter Hmgoram and Jennifer Vicich of Wetland Preservation, Inc were present Ms McKay the revised plans were not submitted reflecting the change as requested at the last meeting The typical erosion control detail missing from the plan as previously noted (proposed silt fence only) The letter received from Patrick Garner regarding C & C' s review Item 2 as noted-Statement by P G is accurate The commission appeared to have issued a modification in October of 2001 for the plan changes associated with the design of the parking area, the retaining wall, and the vortechnics unit and subsurface infiltration units Items 3 & 4-Pat Garner and John Chessia agreed that the Commission could issue a Order of Conditions for the Notice of Intent with conditions that final construction plans must reflect the recommendations of both items 3 & 4 Further, P G suggests that any condition include a requirement that no Building permit be issued until the Commission has reviewed said final construction plans to confirm these recommendations have been incorporated by the applicant The staff has a few remaining concerns conditions in the Order of conditions The plan is small and is difficult to read The staff recommends some sort of physical barriers a fence at the 25-feet No-Disturbance Zone Extremely tight site and high-density occupancy (95 units) Mr Lynch states he is satisfied with the project foundation, snow stockpiling, and working with John Chessia on this project no issues Present to vote Present to vote Scott Masse, John Mabon, Joseph Lynch, and Sean McDonough A motion to issue a decision in 21 days was made by Mr Lynch, seconded by Mr Mabon Unanimous 242-1491 Turnpike Street (Kiesel)(New England Engineering) Ben Osgood of New England Engineering Services, Inc was present Mr Osgood requested to continue to December 22, 2004 meeting A motion to continue to December 22, 2004 meeting was made by Mr Mabon, seconded by Mr McDonough Unanimous Decisions 242-1288, Saville Street(Ahern) A motion to set the bond amount of$ 3, 000 and accepted the Order of Conditions as drafted was made by Mr Mabon, seconded by Mr McDonough 3 to 1 vote A motion to adjourn the meeting at: 10:50pm was made by Mr. Mahon, seconded by Mr. McDonough. j