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HomeMy WebLinkAbout2006-03-22 Conservation Commission Minutes Conservation Commission Meeting Minutes March 22, 2006 Members Present: Scott L Masse, Chairman, and Albert P Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr , and John J Mabon, Deborah Feltovic, Sean F McDonough, and Louis A Napoli Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:08 P. M. Quorum present. Pledge of Allegiance General Business 242-1215, Modification & COC Reguest, 158 Coachman Lane (Boudreau)(Merrimack Engineering Services,Inc.) The applicant Mr Dean Boudreau was present Ms Merrill stated the Order of Conditions was issued on October 22, 2003 in the order to construct an addition, enclosed porch, and install some stormwater structures (leaching basin and grass infiltration basin)within the Buffer Zone to a Bordering Vegetated Wetland The applicant was also required to restore portions of the 25- foot No-Disturbance zone as part of the conditional approval for having lawn to the edge of the wetland These plantings were installed just upslope of the delineation edge of the Bordering Vegetated Wetland and in a cluster where there was a play area/swing set The applicant retained Norse Environmental as the Environmental Monitor and reports were submitted throughout construction Additionally,Norse Environmental submitted seasonal monitoring reports for the restoration plantings The 27 trees and shrubs successfully survived 2 full growing seasons with no stress or die back I inspected the site in late December at which time all plantings appeared healthy and well established The wmterberry shrubs still had berries The applicant's representative is requesting a modification for additional stairs that were added to the porch and a larger stone walkway than approved what was approved The additional stairs are not anchored into the ground, rather resting on the surface and were measured at 52 3' from the Bordering Vegetated Wetland The approved plan allowed for encroachment into the 50-foot No-Build zone for the extension of an existing pea stone walkway The extension walkway was installed 6' — 10' (in various locations) wider than what was approved-approximately 820 s f was added The area was to be loamed and seeded Given that the material used is pervious (pea stone), it's minor in nature and will not have any impacts on the adjacent wetland I would recommend the Commission grant this modification I conducted a compliance inspection on Thursday, March 16, 2006 All disturbed areas appeared stable with grass and no sign of erosion All erosion controls were removed The buffer zone plantings also to be healthy and well established and should continue to thrive Measurements were taken in the field and were consistent with the approved plan The as built plan consistent with the approved plan with the exception of the pea stone walkway The wetland markers were posted just upslope of the wetland line Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to issue the modification was made by Mr Manzi, seconded by Ms Feltovic 1 Unanimous A motion to issue the COC and bond release was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1318, COC Reguest, 1132 Salem Street (Adams)(County Land Surveys, Inc.) The applicant Mr Richard &Joanne Adams was present Ms Merrill stated the Order of Conditions was issued on July 18, 2005 for the replacement of a septic system with associated grading within the Buffer Zone to a Bordering Vegetated Wetland The applicant retained Norse Environmental, as the monitor and reports were submitted during septic installation A compliance inspection was done on Friday, March 17, 2006 at which time all areas appeared stable with no erosion noted The wetland markers were placed along the 25-foot No- Disturbance zone The as built plan is consistent with the approved plan Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to issue the COC and bond release was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-967, Modification Request, Lots 2,3 & 4 Great Pond Road (Russell) The applicant Paul Russell was present Ms Merrill stated an amended Enforcement Order was issued on November 2, 2005 to allow work approved under the Order(specifically construction of 3 single-family dwellings and appurtenances) The Enforcement Order will expire on September 1, 2006 To date lots 2 & 4 are constructed, however the driveways and landscaping have not been completed Lot 3 has only been cleared The applicant is requesting a modification to allow the sewer to be connected by means of Winter Street(paper street/DPW sewer easement) The record plan shows the tie in from Great Pond Road This is the plan that the Planning Board approved in April 2004 I met with Paul Russell and his contractor to go over the proposed location for the sewer line The purposed of my inspection was to review the proposed location of the sewer pipe and clearing as little trees as possible At time sewer stubs were marked in the field The sewer location for lot 2 was okay Approximately 80-100' gravity fed sewer pipe will be installed as shown on the plan One sapling will need to be removed Approximately 25-foot of erosion controls will be need to be installed due to the proximity of the adjacent to a Bordering Vegetated Wetland The disturbed areas will be hydroseeded and mulched with hay for permanent stabilization Lot 3 will require approximately 160' of gravity sewer pipe from the stub During my inspection it was determined that a better way to lay the pipe from the stub could be accomplished and only removing one sapling The disturbed areas will be hydroseeded and mulched with hay for permanent stabilization Mr Masse stated this has been going on for a while Mr Scully owned sold to Michael Phillips then sold to Paul Russell Ms Merrill stated I"Enforcement Order was issued 2002 Michael Phillips to allow work to be done with DEP# 242-967 expired Order of Conditions then Michael Phillips sold property to Paul Russell which and amended Enforcement Order was issued September 2003 the amended Enforcement Order was done November 2, 2005 which requires work to be completed by September 1, 2006 Mr Russell stated the sewer piping would be coming thru the cart path on the property that I own there is know easement needed here I own the property There would be propane tanks out here the cost running gas line for natural gas was very expensive Ms Merrill stated supercedmg Enforcement Order requiring pre-construction meeting and post-construction meeting and expiration date stays September 1, 2006 Mr Masse stated they would have to re- file a Notice of Intent if the work is not completed by September 1, 2006 2 Eagle Scout Project at Mazurenko Farm The Eagle Scout Corey Lynch was present Ms Merrill stated the trail markers we received today samples were shown to the Conservation Commission Mr Manzi stated we should have color-coded trails Mr Lynch stated it should only take me 3 weekends or 60 days I would be using a chain saw on some of the bigger trees Ms Merrill stated we have extra bags from the clean up from before I can call DPW to come over and pick up the paper bags Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to ratify the Enforcement Order was made by Mr Manzi, seconded by Ms Feltovic Unanimous Bay State Gas Replacement Line-Oak& Lorraine Ave. Ms Merrill stated Bay State Company would be replacing old gas piping only about 400-feet of pipe needs to be replaced Erosion controls would installed were needed only 1 day of work Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to ratify the Enforcement Order was made by Mr Manzi, seconded by Ms Feltovic Unanimous Revised Open Space & Recreation Plan Review Mr Lynch stated there was some things missing open space plan minor revisions Ms Merrill stated the Town of North Andover has since year 2000 has acquired a lot of land I would probably have a final draft for the Open Space plan by April 2006 Scott Masse elected Mr John Mabon Chairman of the Open Space Committee This would have to be referred to other land use Boards for approval The Community Development Director Curt Bellavance would be going for grant money The Conservation Commission discussed if Revised Open & Recreation Plan would have go to Town Meeting or the Board of Selectman would petition with signatures Ms Merrill would check into this information 242-1226, Bond Reduction, 70 Oakes Drive (Talbot)(New England Engineering Services, Inc.)(cont from 3/8/06) Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms Merrill stated New England Engineering Services, Inc , refreshed the wetland flags as requested by the North Andover Conservation Department, so that the as built plans can be verified Measurements were consistent with the approved plan and as built plan It was determined that since the 25-foot No- Disturbance zone area between wetland flag Al-A4 is heavily populated with sweet pepperbush that there is no need to enhance the entire area However, there is an area approximately 180 s f upslope of wetland flag A2 that can be re-vegetated with three (3) shrubs This area where the debris pile was removed Since this area experiences seasonal flooding of approximately 2-3feet of water, the applicant should choice a shrub that flooding conditions and tolerate these conditions I will provide the applicant with a list of shrubs I verified that the fieldstone wall was being built at approximately 38-feet from the wetland line This is being constructed in lieu of the boulder/shrub barrier at the 25-foot No-disturbance zone Currently, it stops just upslope of wetland flag A3 The applicant will be completing the stonewall to extend upslope of wetland flag A4 Mr Osgood stated this might be a modification for the wall/shrub barrier Ms McKay stated this is very minor would be an in house modification I have been out to the site also the wall would work fine for a barrier Ms Merrill stated the completion of the wall plantings and 3 landscaping is the only work that needs to be completed Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to issue a partial bond release of$2,000 was made by Mr Manzi, seconded by Mr Lynch Unanimous No Recess Public Hearings at: 8:01 P. M. Abbreviated Notice of Resource Area Delineation 242-1350, Berry Street/Turnpike Street(One Hundred Fourteen Trust)(Patrick C. Garner Company, Inc.) No one was present Mr McDonough read the legal notice Ms McKay stated the ANRAD plan shows some significant changes to the wetland boundaries to include more upland areas and the identification of several pockets of Isolated Land subject to Flooding and Isolated wetland areas The revised resource area boundaries were reviewed with Patrick Garner and myself today 3/22/06 A few changes were identified in the field and another wetland area was found immediately upgradient to flag B34 This area needs to be properly transected to determine its boundary limits and was not completed at the time of the review Patrick Garner will delineate this area within the next few weeks and another review will be conducted In addition, it may be that the isolated areas could qualify as ephemeral pools protected under the Bylaw I would like to investigate these areas further within the next several weeks to determine whether or not this is the case Other then the above mentioned changes and comments, staff feels confident with the resource area boundaries as presented The Conservation Commission was discussing about a third party review on the project because may be vernal pools involved Scott Masse stated there are Abutters here what we are doing tonight just reviewing the wetland line plus the applicant requested a continuance to April 12, 2006 meeting Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to set escrow account for third party review in the amount of$ 1,000 was made by Mr Manzi, seconded by Mr Lynch 5 to I vote Mr McDonough abstains from voting A motion to continue to April 12, 2006 meeting was made by Mr Manzi, seconded by Ms Feltovic 5 to 1 vote Mr McDonough abstains from voting Request for Determination of Applicability 55 Beaver Brook Road (Skellev)(Hancock Associates) The applicant Kristin Skelley and Thomas Keough of Hancock Associates was present Mr McDonough read the legal notice Ms McKay stated the filing is for the construction of a retaining wall for conversion of an existing riprap slope to a lawn area and associated grading activities within the Buffer Zone to a Bordering Vegetated Wetland and within Riverfront area to Boston Brook Also proposed and shown on the plan will be installation of a smaller second retaining wall around a portion of the existing deck and extension of the existing drainpipe The retaining wall is proposed to be 7 5 feet in height at its at its highest point A 4-feet high safety fence is also proposed along the top of the wall A wall detail has been included on submitted plan This detail also shows 1 4 slope The proposed retaining wall will be located outside of the 50-foot No-Build zone will not require any removal of any trees during construction process 4 The proposed work will take place within the existing riprap slope and existing lawn area The erosion controls show only(silt fence only) will be placed around the limit of work just beyond the limits of the proposed wall These erosion controls are in a suitable location I would recommend 1 Haybales be used in addition to silt fence and 2 The erosion controls are wrapped upgradient at the edges of the property boundaries I am of the opinion that these items can be conditioned in the decision Mr Manzi stated the riprap slope is ugly the wall would be a better- looking feature for the property Mr Mabon stated require a construction sequence Mr Lynch stated I think this should have be a Notice of Intent filing Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to issue a negative determination was made by Mr Manzi, seconded by Mr Mabon 5 to 2 vote 242-1208,Foster Farm Elementary School (North Andover Building Committee)(DiNisco Design)(cont. from 2/22/06) No one was present Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, and Louis Napoli A motion to continue to May 10, 2006 meeting was Mr Manzi, seconded by Ms Feltovic Unanimous 242-1349, 245 Bridle Path {Grasso)(New England Engineering Services, Inc.) Ben Osgood, Jr , of New England Engineering Services, Inc was present Mr McDonough read the legal notice Ms McKay stated filing is for construction of a 36'x 24' (864 s f) garage, installation of a sewer main connection and associated grading with an intermittent stream The entire property is also within the Watershed Protection District of the lake The single-family dwelling was built around 1978 1 could not find any Conservation filing on the lot, but found a septic plan in the building file which shows approximate location of the home, septic, and wetland resource area at the time No conservation filing permits, building permits, or as-builts were found to confirm the existing pool, cabana,paver areas, and second driveway The garage will be located 36 5' (at its closets point) to a non jurisdiction Isolated Vegetated Wetland of approximately 805 2 f in size Hancock Associates delineated this Isolated Vegetated Wetland in May/June of 2003 for the project at abutting property(#225-Adrusin), which did not require a Conservation permit A letter written by the former Administrator was found in the building file indicating that the area was confirmed to be non jurisdictional The letter also states, "Although the isolated area has been observed to flood beyond the flagged limits, hydric soils were only identified within the flagged limits The intermittent stream flows from the large wetland system to the rear of the property, traverse through the property, and then piped to flow under bridle path cul-de-sac to outlet at the large wetland system across the street The banks along the entire portion of the stream within property are maintained as a manicured lawn with mowed grass banks and a crushed stone bottom In addition, several footbridges extend over the stream and are shown on the plan as rectangular features A 6"pipe sewer line is also proposed to service the single-family dwelling The sewer line will be installed between the driveway and the existing sewer stub located at the edge of the right of way The sewer line will cross a 10' wide section of the intermittent stream A waiver request has been submitted for this neither work stating that alternatives are not nor feasible due to existing feature layouts and disturbances New England Engineering Services, Inc , has indicated in its application narrative that construction of the sewer line would at no flow conditions This should be conditioned in the Order of Conditions New England Engineering Services, Inc , also states that the crossing area would be completed in approximately ''/2 of a day and the steam bed would be stabilized with erosion 5 controls matting the same day of the crossing Recommend a detail of the crossing area(also comments from DEP-provide more detail for restoration of the stream) Erosion controls are proposed in appropriate locations around the proposed garage and for the sewer work A soil stockpiling area is also depicted on the plan to the south of the proposed garage Although the single-family dwelling was allowed as proposed, I'm not sure that some other features currently existing on the site were or would have been approved There are several discreet areas on the site that would benefit from some buffer zone/wetland restoration without infringing upon the use of the lot Particularly between wetland flags B5 & B6 directly behind the cabana, which is currently lawn within the 25-foot No-Disturbance zone and portions of the resource area between wetland flags C5 & C6, which appears to have been used for dumping leaves in the past there is a third smaller footbridge across the stream, which is not shown on the plan which may be used to access this area for such purposes Recommend restoration plantings for these areas to be shown on the plan or submitted under separate cover The wetland line has been reviewed but not yet approved Several minor changes were requested(change location of flag B6 & addition of flag B7 & B8 to the plan) Mr Lynch stated offsite non jurisdictional intermittent stream and the sewer line would be gravity feed Mr Osgood stated yes the sewer would be gravity sewer connection Mr Osgood stated the sewer connection would be done in July of August dry months Mr Mabon stated enhancement-planting plan would be required Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to April 12, 2006 meeting for revised plans was made by Mr Manzi, seconded by Mr Lynch Unanimous Decisions 242-1348, 126 Old Farm Road (Dunn)(Arrow Environmental, LLC) Ms McKay stated the bond amount set at $ 2,000, boiler plate Order of Conditions for a pool, wetland markers, Environmental Monitor Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to accept the Order of Conditions as drafted was made by Mr Manzi, seconded by Mr Lynch Unanimous A motion to adjourn the meeting at: 9:05 P. M. was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. 6