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HomeMy WebLinkAbout2006-03-08 Conservation Commission Minutes Conservation Commission Meeting Minutes March 8,2006 Members Present: Scott L Masse, Chairman, and Albert P Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr , John J Mabon, and Sean F McDonough Member Absent: Deborah Feltovic, Louis A Napoli Staff Members Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:20 P. M. Quorum Present. General Business 242-1145,,COC Request, Foster Street/Woodchuck Hill Substation (New England Power Company)(cont. from 1/11/06) No one was present Ms McKay stated it is my understanding in conversation with counsel that the conditions as the applicant has presented them thus far may not be acceptable to the Commission Counsel has reported the latest progress to date (see e- mail in packets dated 3/7/) Counsel states that remain for apart on a number of issues to this point (points are noted in the e-mail) In speaking with Counsel, it may be that Nationalgrid is unwilling to waver on the noted issues Counsel and staff are seeking guidance from the Commission as to how to proceed in moving forward with the issues Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Sean McDonough A motion to deny the COC request for failure to meet condition# 55 was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-784, Modification & PCOC Request,Abbott Village-Lot 25 Thistle Road (Maillet)(New England Engineering Services, Inc.) Thomas Hector of New England Engineering Services, Inc , and John Burke a lawyer was present Ms Merrill stated an Order of Condition was issued in May 1996 for construction of a 45-lot single-family dwellings subdivision with associated appurtenances, clearing, and grading and stormwater structures Additionally, there were 3 wetland crossings associated with the roadway construction (one of the crossing was denied) with approximately 21 K s f of wetland replication proposed A superceding Order of Conditions was issued by DEP in November 1997 to allow all 3 crossing The Order of Conditions was also appealed under the local Bylaw After years of litigation, an amended Order of Conditions was issued under the local Bylaw on June of 1999 This Order of Conditions allowed the 3-wetland crossings A 143K-performance bond was posted in August of 1999 At this time the subdivision is completed with the exception of 3 house lots, which were filed under separate DEP File numbers The applicant is seeking a modification for the following filling of the yard that provided a level back yard and the installation of a gabion retaining wall along the limit of work and upslope of the erosion control line The footprint of the house was also changed New England Engineering Services, Inc does not specify exact changes of the footprint However, the 1 record plan depicts a 40' x 30' box with steep grading in the backyard The as-built plan shows a 75' x 33' house with larger driveway that what was approved The house was also built closer to the wetland than proposed by approximately 8-10' If modification were granted it would only be applicable under the local Order of Conditions and the applicant would need subsequent approval from DEP relevant to the Superceding Order of Conditions The applicant is also seeking PCOC under the Local Order of Conditions An inspection was done on March 2, 2006 All disturbed areas were observed to be stable with no evidence of erosion Measurements were taken in the field and consistent with the as-built plan Mr Lynch states the Conservation Commission knows there were drainage problems out on this site we would require stormwater study to make sure post- construction and construction that the stormwater management plan is working properly Mr Manzi stated the grade here 52-feet to flag drops 8-1 0-feet vegetated 2-feet gabion retaining wall with fence on top Ms Merrill stated yes Mr Masse stated the lot is in compliance Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Sean McDonough A motion to issue the modification for Lot 25 Thistle Road local Order of Conditions was made by Mr Manzi, seconded by Mr Mabon 3 to 2 vote Mr Lynch, no Mr McDonough, no A motion to issue a PCOC for local Order of Conditions for lot 25 only was made by Mr Manzi, seconded by Mr Mabon 4 to 1 vote Mr McDonough, no 242-784,Modification & PCOC Request,Abbott Village-Lot 26 Thistle Road (Abdenour)(New England Engineering Services, Inc.) Thomas Hector of New England Engineering Services, Inc , John Burke a lawyer was present Ms Merrill stated the applicant is seeking a modification for the location of the stairs and deck Per the North Andover Conservation Commission' s Order of Conditions (Condition#13), it allowed the deck on lot 26 to be constructed 40' from the wetland The stairs were constructed 48' from flag 52 (but 41' from the imaginary wetland line between wetland flag 51 & 52) 1 don't see how this needs to be modified as it still complies with the Order However, the applicant does need a modification for the size of single-family dwelling (approved 60' x 30') The actual footprint is 80' x 29' and was measured 52' from the wetland If the modification were granted it would be only applicable under the local Order of Conditions and the applicant would subsequent approval from DEP relevant to the Supercedmg Order of Conditions The applicant is also seeking a PCOC under the local Order of Conditions An inspection was conducted on March 2, 2006 All disturbed areas were observed to be stable with no erosion Measurements were taken in the field and consistent with the as-built plan Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Sean McDonough A motion to issue the modification for lot 26 Thistle Road for the local Order of conditions only was made by Mr Manzi, seconded by Mr Mabon 4 to 1 vote Mr McDonough, no A motion to issue a PCOC for lot 26 Thistle Road only under local Order of Conditions was made by Mr Manzi, seconded by Mr Mabon 4 to 1 vote Mr McDonough, no 242-1226,Bond Reduction, 70 Oakes Drive (Talbot)(New England Engineering Services, Inc.) The applicant Mr Scott Talbot was present Ms Merrill stated an Order of Conditions was issued on January 14, 2004 for razing of an existing single-family dwelling in order to construction a new single-family dwelling with a septic system, clearing and grading 2 within the Buffer Zone to Isolated Land Subject to Flooding The Order required the 25- foot No-Disturbance zone to be revegetated, specifically between wetland flag Al-A4, and was to be planted in the spring 2004 This has not been completed The Order also required a boulder/ shrub barrier to be constructed along the 25-foot No-Disturbance zone prior to construction This has not been completed either The majority of the work associated with the house is complete Final landscaping and hardscaping appears to be the only items outstanding An as-built plan accompanied the bond reduction request However, I was not able to verify the measurements in the field as most of the wetland flags were missing New England Engineering Services, Inc has been notified and will be refreshed Mr Talbot stated I had to remove a pile of brush in the 25-foot No- Disturbance zone I had done that Ms Merrill stated there was a lot ice on the property there are drainage issues out here Mr Manzi stated how many plantings were required along the 25-Foot No-Disturbance zone? Ms McKay the applicant engineer was supposed to submit a planting plan, which was never submitted Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Sean McDonough A motion to continue to March 22, 2006 for refreshing of the wetland flags was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1196, Extension Request, 500 Rea Street(McManus) Dom Scalise to represent the applicant was present Ms Merrill stated the Order of Conditions was issued in May of 2003 for the construction of an addition, deck and grading within the Buffer Zone and inner riparian associated with Mosquito Brook The Order will expire on May 15, 2006 The applicant requested a six-month extension The work has not commenced, however the building permit was issued in mid-December 2005 The applicant anticipates starting work in April All wetland flags were present in the in the field and the wetland boundary appeared consistent with the approved line Mr Masse stated the Conservation Commission only issues one-year extensions Mr Scalise stated that is fine Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Sean McDonough A motion to issue a one-year extension to May 15, 2007 was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-166, COC Request, Willow Street/Willow Street Extension-North Andover Business Park(The Neve-Morin Group, Inc.) John Morin of The Neve-Morin Group, Inc was present Ms Merrill stated an Order of Conditions was issued on September 23, 1982 for the upgrading of Willow Street and appurtenances A separate Notice of Intent was required for work on any of the lot or extension of Willow Street Based on the letter prepared by John Morin, The Neve-Morin Group, Inc , and information in the file the work under this Order was never started Furthermore, the Order was superceded by 242-193 (which revised the location of the roadway) and the North Andover Conservation Commission already issued a COC It appears the purpose for requesting a COC is to clear the title in preparation for street acceptance by the Town Even though not original engineers for the project,The Neve- Morin Group, Inc submitted as-built plans for review Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Sean McDonough A motion to issue the COC was made by Mr Mabon, seconded by Mr Manzi Unanimous 3 242-215, COC Request, Flagship DrivelWillow Street Extension-North Andover Business Park(The Neve-Morin Group,Inc.) John Morin of The Neve-Moan Group, Inc was present Ms Merrill stated and Order of Conditions was issued on October 25, 1983 for constructing roadways, buildings and parking on Flagship Drive within the Willow Industrial Park A $5K performance bond required under the Order A PCOC was issued in January 1990 for Lots S &U excluding the roadway A subsequent Order of Conditions was issued (242-484)to allow portions of Flagship Drive and Willow Street Extension to be constructed These road locations were revised under 242-484 and a COC was issued Since the PCOC was already release for the Lots and the roadway design under this filing was superceded by 242-484, it appears as though here are no outstanding items Mr Morin stated 4 weeks ago the drainage problem was fixed headwall collapsed and pipe was crushed this has been fixed so the drainage has been corrected Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Sean McDonough A motion to issue the COC and bond release was made by Mr Manzi, seconded by Mr Mahon Unanimous Project Update: 242-757,Jared IV Subdivision Timothy Willet of the Department of Public Works there are a lot of issues that need to be fixed on this phase a lot of work was never completed Mr Manzi stated Mr Robert Janusz moved to Florida and left a lot of unfinished work with the filing There is not much the Conservation Commission can do with these uncompleted parts of the Subdivision Ms McKay stated this filing was for the roadway and utilities performance bond amount $ 5,000 Mr Masse stated the Conservation Commission would take no action this filing at this time There was a check list sent by Robert Beshara form DPW in July of 2002 reflects to the Open Space, installation a driveway, parking lot, catch basins, roadway The Town of North Andover should not be taking responsibility for a Bankrupt Applicant Filing Fee Appropriation for Trail Markers: Corey Lynch was present Ms Merrill stated Corey Lynch is doing an Eagle Scout project for Mazurenko Farm and to mark other trails on Town owned land Ms Merrill said to order 100 trail markers would cost$ 76 60 The Conservation Commission said Order 200 so he does not run out of signage for the trails A motion to appropriate the amount of$ 200 from the filing Fee account to pay for Trail Markers was made by Mr Manzi, seconded by Mr Mabon Unanimous No Recess Public Hearings 8:20 P. M. Request for Determination of Applicability 1101 Turnpike Street (Massachusetts Electric Company)(ENSR)(cont. from 2/8/06) The applicant Joshua Holden of Massachusetts Electric Company and Timothy Sullivan of ENSR was present Ms McKay stated at the last meeting, the Commission requested 4 information on the spill prevention measures associated with the new ground storage tank Revised survey plans stamped and signed by a Professional Land Surveyor were submitted to include 2-foot contours, project details, buffer zones, erosion controls and protection measures around the work area Detail plans of inlet sediment control devices and containment of overflow and tank specifications were also provided in the accompanying letter A project sequence was included accompany letter The construction notes on the plan also reinforce protection and construction methods I am satisfied that the new information provided is sufficient to move forward with a negative determination Conditions include Pre &Post construction meetings, notification to the department of contamination or any work not approved and/or identified under this filing and the installation of approved erosion controls and protection measures Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Sean McDonough A motion to issue a negative determination with conditions was made by Mr Manzi, seconded by Mr McDonough Unanimous Notice of Intent(s) 242-1348, 126 Old Farm Road (Dunn)(Arrow Environmental,LLC) The applicant Peter& Deirdre Dunn was present Mr McDonough read the legal notice Ms McKay stated the filing is for construction of a 20' x 47' in-ground pool, patio, cabana, retaining wall, stairs and perimeter fence with associated grading within the Buffer Zone to a Bordering Vegetated Wetland The 25-foot No-Disturbance zone and 50-foot No-build zone setbacks will be met as proposed Distances from the resource area to the proposed structures are shown on the plan Appropriate erosion control measures and associated detail are also depicted on the plan (low approximately 44' at the closest point to the resource area A soil stockpiling area, a de-watering pit, and a retaining wall detail are also depicted on the plan The wetland line has been reviewed and approved Condition boilerplate pool conditions i e the filter system used for the pool be a backwashing filter system, pool waters or other chemicals shall not be discharged towards the wetland resource area at any time and directed away from the wetland resource area in perpetuity to the Order, ect No other issues Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Sean McDonough A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Mr McDonough Unanimous Decision 242-1347, 492 Sutton Street-Lawrence Municipal Airport Vegetation Management Plan (Lawrence Municipal Airport)(Dufresne-Henry,Inc.) Ms McKay stated the bond amount set at $ 100,000, wetland markers along Wood Ave Poor Street on the fence facing the homes, Randy Christiansen of Dufresne-Henry, Inc would be the monitor on site, no grading or soil stockpiling area, DEP sign posted near roadway, soils exposed 1 day hay mulch the slope notify the administrator, temporary wetland disturbance identify mitigation report to the administrator, mechanical equipment notify the administrator a day before, monitor has to report verbally daily update conduct weekly reports also, timber approved 25-foot No-Disturbance zone frozen times in the winter, Mr Lynch condition section 5 8 10 acres, Mr Manzi stated good to scrub 5 4 1 grassing there are Snow Owls at Logan Airport, pollutants from maintaining equipment construction vehicles outside of the 100-foot Buffer Zone overnight, proposed in accordance to 4 1, 4 2, 4 3 accident spills, herbicides, road salts, seeding and plantings would be special conditions Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Sean McDonough A motion to accept the Order of Conditions as amended was made by Mr Manzi, seconded by Mr Lynch 4 to 1 vote Mr McDonough absented from voting A motion to adjourn the meeting at: 9:45 P. M.was made by Mr. Manzi, seconded by Mr. Lynch. 6