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HomeMy WebLinkAbout2006-02-22 Conservation Commission Minutes Conservation Commission Meeting Minutes 44wfs February 22, 2006 Members Present: Scott L Masse, Chairman, and Albert P Manzi, Jr , Vice Chairman, Deborah Feltovic, Sean F McDonough, and Louis A Napoli Members Absent: Joseph W Lynch, Jr , John J Mabon Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, and Donna M Wedge, Administrative Assistant Meeting came to Order at: 7:15 P.M. Quorum Present. Pledge of Allegiance General Business 242-1114 Extension, Meetinghouse Commons (Martin Smolak Revocable Trust)(Epsilon Associates) Jeff Malloy of Epsilon Associates, Inc was present Ms Merrill stated that an Order of Conditions was issued on March 28, 2002 for the construction of a 40B development that consisted of 46 single-family dwellings of which 23 of the single-family dwellings were within the buffer zone, 2 townhouses, parking areas, stormwater structures, appurtenances, and 2 wetland crossings with associated replication areas Construction began in March of 2004 The Order of Conditions would expire on March 28, 2006 She explained that the request would be the 2"d and final extension the applicant could apply for Epsilon Associates, Inc , was retained as the Environmental Monitor and reports were submitted as required She stated that she walked the entire site with Jeff Malloy of Epsilon Associates on Tuesday February 14, 2006 further stating that phase I consisting of Meetinghouse Road was complete with the exception of the Meetinghouse which was to be constructed under phase III Phase II consisted of Cortland Drive which was ongoing and was limited to the construction of the single-family dwellings Most of the work was being completed outside of the buffer zone Lastly she stated, Phase III was the construction of Cypress Way and the drainage structures in this area and that this area was being used as a designated soil stockpiling area The two-wetland crossings along with the replication areas were completed and were approaching their 2-year growing requirement These areas were observed to be 100% stable and the plantings appeared to be healthy with little sign of stress and/or die back She stated that she and Mr Malloy discussed the possibility of removing the erosion controls in this area next spring Mr Malloy would be submitting a plan, highlighting the areas where the erosion controls should be removed This would be reviewed by the Department prior to removal The wetland flags were recently refreshed in the field and the wetland line was determined to be consistent with the original line A motion to issue a one- year extension to March 28, 2007 was made by Ms Feltovic, seconded by Mr Manzi Unanimous 242-1059, COC Request,40 Booth Street (Ouality Realty Trust)(Basbanes)(cont. from 1//11/06) No one was present Ms McKay stated that at the January 11, 2006 meeting the Commission voted to require as-built plans The applicant has not submitted these plans Leah Basbanes of Basbanes Associates faxed in a withdrawal request on behalf of the applicant 242-1145, COC Request, Foster Street/Woodchuck Substation)(New Enp-land Power Company)(cont. from 1/11/06) No one was present Ms. McKay stated that in conversation with Town counsel, the conditions as presented by the applicant thus far might not be acceptable language The applicant had requested a 1 continuance to the next meeting of March 8, 2006 for further negotiations A motion to continue to the March 8, 2006 meeting was made by Ms. Feltovic, seconded by Mr Manzi Unanimous 242-1065, COC Request, Foster Farm Fields (DPW) No one was present Ms Merrill stated that in December 2004, Jack Sullivan, former Town Engineer, requested a COC, however, he later withdrew his request based on several outstanding items An Enforcement Order was issued as mechanism to complete the work under the Order of Conditions Additionally, the Enforcement Order required the Department of Public Works to post a$5,000 performance bond The as-built plan and certification letter that was submitted with the original COC request outlined all the discrepancies of the project To date, these items have been resolved A new contractor was brought in to perform all uncompleted tasks outlined in the Enforcement Order Ms Merrill stated that she had conducted several site inspections with the contractor and the construction consultant throughout the spring of 2005 and indicated that her last inspection was performed over the summer at which time all work had been completed All erosion controls were removed and discarded properly with no sign of erosion or exposed soils All wetland markers were placed on wooden posts and installed along the 25-foot No-Disturbance zone and 50-Foot No-Disturbance of the vernal pools as required The as built noted that the contractor placed a wetland marker along the 50-foot No-Build zone on the slope to identify its sensitivity In addition, she mentioned that the catch basins were supposed to have an AquaShield filter system or equivalent to Mr Sullivan had tried to locate this product but was unsuccessful to purchase it due to a high cost rate The oil/gas hoods would not fit in the basins As such, a 90-degree turndown elbow with a hole drilled in the top was installed A revised O & M Plan was prepared by Gene Willis, P E , current Town Engineer, and was submitted in February 2006 and subsequently approved by the Administrator Ms Merrill indicated that this would be recorded at the Registry of Deeds A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Manzi Unanimous Joint meeting of The Conservation Commission and The Open Space Committee to discuss the North Andover Trails & Open Space Rules & Regulations (cunt. from 2/8/06) The Commission discussed the hunting rules and regulations Mr McDonough asked what the rational was behind the note of Bow hunting only at Town Farm/Town Forest Mr Manzi explained that because it was an odd shaped lot it was more prudent to only allow bow hunting. Mr Manzi motioned to adopt the Trails and Open Space Rules and Regulations as an Open Space Committee member Mr Napoli seconded Unanimous Mr Manzi offered the same motion as a Conservation Commission member Ms. Feltovic seconded Unanimous Mr Manzi requested that the Rules and Regulations be forwarded to Town Counsel for approval in addition to indicating that a vote was taken at a public meeting North Andover Wetlands Protection Bylaw and Regulations Subcommittee Mr McDonough and Mr Manzi as subcommittee members updated the Commission Mr Manzi stated that the subcommittee has worked very hard indicating only three word changes to the Bylaw, which would allow for small projects He indicated that there would be criteria that need to be met to qualify as a small project including work had to occur outside of the 50' and 25' setbacks Therefore, the revisions would not be compromising the local setbacks Mr Masse stated that he had an issue with changing the language of the Bylaw He stated that the existing language of the Bylaw would allow for small projects without the additional language and that the small projects provision only needed to be addressed in the regulations He further stated that if there were a change to the Bylaw a warrant article would need to be placed at Town Meeting, which would upon up the entire Bylaw for discussion. Mr Manzi asked Mr Masse to contact Town Counsel for an opinion on whether the Bylaw language was needed or if it could stand on its own and still allow for small projects 2 ,+ Decisions 242-1345, Lot 1 Great Pond Road (Great Pond Realty Trust) New England Enwineering Services, Inc. Ms McKay indicated that she was not entirely comfortable with the wetland boundary as presented,but that since the boundary had been reviewed in exhaust by other qualified wetland scientists, she would agree to it Mr Manzi stated that this should been stated while the public hearing was open Ms McKay stated that conditions would include a $5,000 bond, monitoring for any dewatering, and an O & M plan with the property in perpetuity A motion to accept the Order of Conditions as amended was made by Mr Manzi, seconded by Ms Feltovic Unanimous Ms. McKay left the meeting at 8:15 P. M. 242-1347, 1160 Great Pond Road-Brooks School)(Rist-Frost-Shumwav, Ensineerine, Inc.) John Scott of Rist-Frost-Shumway, Engineering, Inc was present Ms Merrill stated that conditions would include a bond amount of$2,000, staking the foundation by a Professional Land Surveyor, and weekly monitoring A motion to accept the Order as drafted was made by Ms Feltovic, seconded by Mr Manzi Unanimous Public Hearings 8:25 P. M. Abbreviated Notice of Intent 242-1346, 1160 Great Pond Road-(Brooks School) (Rist-Frost-Shumwav Engineering, Inc.) (cant. from 2/8/06) John Scott of Rist-Frost-Shumway Engineering, Inc was present Ms Merrill stated that some minor re- grading was proposed to accommodate the project, as well as the relocation existing storm drains and addition of a catch basin and manhole. She indicated that the overall drainage pattern remained the same She stated that revised plans had been submitted showing the change in addition size (32' x 40'), wetland flag numbers, grading changes, additional drainage features, and associated details No comments were received from DEP A letter was received from Natural Heritage indicating that there would be no impacts to state listed rare wildlife A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Ms Feltovic 4 to 1 vote Mr McDonough abstained 242-1208, Foster Farm Elementary School (North Andover Building Committee)(DiNisco Design)(cont, from 1/25/06) No one was present A motion to continue to the April 12, 2006 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1347,492 Sutton Street-Lawrence Municipal Airport(Lawrence Municipal Airport)(Dufresne- Henry, Inc.)(cont. from 2/8/06) The applicant Michael Miller of Lawrence Municipal Airport and Randy Christiansen and Lee Fuller of Dufresne-Henry, Inc was present Ms Merrill stated that the trenching plans and details were recently submitted indicating minimal impact since utilities would use an underground boring method Mr Masse stated there were no abutters present which was a good sign since for last filing there were about 200 abutters present Mr Miller stated that it was a better project. A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Ms Feltovic 4 to 1 vote Mr McDonough abstained A motion to adjourn the meeting at 8:35 P. M. was made by Mr. Manzi, se ded by Ms. Feltovic. Unanimous. 3 6f"k,4,