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HomeMy WebLinkAbout2006-04-12 Conservation Commission Minutes Conservation Commission Meeting Minutes April 12,2006 Members Present: Scott L Masse, Chairman, Albert P Manzi, Jr, Vice Chairman, Joseph W Lynch, Jr , John J Mabon, Deborah Feltovic, Louis A Napoli Members Absent: Sean F McDonough Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:06 P. M. Quorum Present. Pledge of Allegiance General Business 242-1244, COC Request, Lot 1 Gray Street#280 (Litchfield Company, Inc.)(Serwatka) No one was present Ms Merrill stated the Order of Conditions was issued in May of 2004 for the construction of a driveway with associated clearing and grading within the Buffer Zone to a Bordering Vegetated Wetland The applicant retained Joseph Serwatka, P E as the Environmental Monitor and reports were submitted throughout construction I conducted my compliance inspection on March 23, 2006, at which time all areas were stable against erosion, I allowed the applicant to remove all erosion controls at the time The new homeowners were reluctant to sign the affidavit until I conducted my compliance inspection I have emailed the new homeowner to discuss the purpose of the affidavit and have not heard from him A 2k performance bond Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to continue to April 26, 2006 meeting for homeowner sigh affidavit was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1243, COC Request, Lot 2 Gray Street#266 (Litchfield Company, Inc.)(Serwatka) No one was present Ms Merrill stated the Order of Conditions was issued in May of 2004 for the construction of a driveway with grading and clearing associated to a new single-family dwelling The applicant retained Joseph Serwatka, P E as the Environmental Monitor was submitted throughout construction I conducted my compliance inspection on March 23, 2006, at the time all areas were stable against erosion I allowed the applicant to remove all erosion controls at this time The wetland markers were installed along the edge of the lawn in the rear of the property A 2K performance bond The applicant submitted a signed affidavit from the new homeowner Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to issue the COC and bond release was made by Mr Lynch, seconded by Ms Feltovic Unanimous 1 1 � 242-784,PCOC Request, Lot 14 Nutmeg Lane # 15 (Key-Lime,Inc.)(New England Engineering Services,Inc.) Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms Merrill stated Key-Lime, Inc is seeking a PCOC for Lot 14,Nutmeg Lane The lots also contain a jurisdictional Isolated Vegetated Wetland with a wetland replication area and stormwater treatment area It should be noted that the PCOC would not include compliance for the replication or stormwater areas A compliance inspection was conducted on April 7, 2006 at which time all areas appeared stable against erosion In-field measurements were consistent with the as-built and most recent plans The erosion controls were removed Mr Lynch stated I have concerns with the release of money on these projects The PCOC should only be for the lots not for the stormwater and replication area Mr Osgood are not asking for any money release at this time Hayes Engineering down the road would be submitting as-built plans for the Roadway release but not for a while Mr Manzi if the houses have increased in size is the stormwater management plan going to work Mr Osgood stated all of the houses had infiltration drains I have been out on site in some of those large storm events the drainage has never toped off Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to issue the PCOC for Lot 14, excluding compliance with replication area and stormwater treatment areas, was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-784, Modification & PCOC Request,Lot 28 Thistle Road # 95 (Key-Lime, Inc.)(New England Engineering Services, Inc.) Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms Merrill stated Key-Lime, Inc , is seeking a modification for the footprint of the house (by 5') and deck construction of the front covered porch, larger driveway(hammerhead), underground utilities (no utilities were on approved plan), 2 walls and grading The Order of Conditions allowed the deck to be installed at a mimmum of 43' from the Bordering Vegetated Wetland at its closest point The deck was built 48' from the wetland at its closest point Key-Lime, Inc is also seeking a PCOC for the lot 28, 95 Thistle Road A compliance inspection was conducted on April 6, 2006 All disturbed areas were stable against erosion Measurements were taken in the field and were consistent with the as-built plan and most recent approved plan Erosion controls have been removed Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to issue the modification was made by Mr Lynch, seconded by Ms Feltovic Unanimous A motion to issue the PCOC not certifying the stormwater treatment areas was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-784,Modification & PCOC Lot 29 Thistle Road #99 (Key-Lime, Inc.)(New England Engineering Services, Inc.) Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms Merrill stated Key-Lime, Inc is seeking a modification for the footprint of the house and deck, larger driveway, underground utilities (no utilities were on approved plan), a retaining wall, grading However, the North Andover Conservation Commission already issued a modification to accept this plan in April 2004 Mr Osgood stated we did not check the file before we submitted the modification I will make a formal withdrawal of the modification Ms Merrill stated the Order of conditions allowed the deck to be installed at a minimum of 42' from the Bordering Vegetated Wetland at its closest point The deck was built 51 5 from the wetland at its closest point Erosion control must be removed prior to the PCOC issuance Scott Masse, Albert Manzi, Joseph 2 Lynch, John Mabon, Deborah Feltovic, Lours Napoli A motion to issue the PCOC pending erosion control removal and does not certify the stormwater treatment areas was made by Ms Feltovlc, seconded by Mr Mabon Unanimous 242-784, Modification & PCOC Request,Lot 33 # 143 (Key-Lime, Inc.)(New England Engineering Services, Inc.) Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms Merrill stated Key-Lime, Inc is seeking a modification for the footprint of the house, construction of a deck, slightly larger driveway, a walkway, 3 retaining walls and grading A compliance inspection was conducted on April 6, 2006 All disturbed areas were stable against erosion Measurements were taken in the field to confirm as built measurements This was consistent The house was constructed closer to the wetland by 4' the originally approved However, it still meets the 50- foot No-Build zone A deck was installed a few also constructed and that was measured greater that 50' from the Bordering Vegetated Wetland The driveway was installed a few feet larger than what was approved The applicant is also seeking a PCOC for this lot The erosion control needs to be removed prior to the issuance of a PCOC Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovlc, Louis Napoli A motion to issue the modification was made by Mr Mabon, seconded by Ms Feltovlc Unanimous A motion to issue the PCOC pending erosion control removal and does not certify the stormwater treatment areas was made by Mr Mahon, seconded by Ms Feltovlc Unanimous 242-1121, Extension Request, 0 Forest Street (Hartigan) The applicant Mr James Hartigan was present Ms McKay stated the Order of Conditions was issued on 4/30/02 for construction of a single-family dwelling, driveway and associated appurtenances and landscaping activities in the Buffer Zone to a Bordering Vegetated Wetland The Order expired on 4/30/05 1st Extension granted April of last year The applicant is requesting a second and final extension request received on 3/22/06, 30 days prior to the expiration date of the previous extension as required Mr Hartigan stated I had to prove to Maritimes &Northeast Pipeline, LLC that I had a build able lot so that why I filed the Notice of Intent I have been trying to sell the lot, which I have owned for 25 years I probably let the Order of Conditions lapse Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovlc, Louis Napoli A motion to issue 1-year extension to April 30, 2007 was made by Ms Feltovlc, seconded by Mr Lynch Unanimous Enforcement Order Ratification 242-967-Lots 2,3 & 4 Great Pond Road (Russell) Ms Merrill stated the Amended Enforcement is for the installation of the sewer line for the 3 lots The expiration date did not change still September 1, 2006 Pre-Construction meeting, wetland flags refresh on lot 3, and erosion controls installed No fine issued Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovlc, Louis Napoli A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Ms Feltovlc Unanimous 99 Pheasant Brook Road Ms Merrill stated anonymous call can into the office about tree cutting I went out to the site they had removed some very large trees also removed some trees from Harold Parker State Forest I talked to the homeowner and told seize and deist all work no fine They would have to 3 hire a wetland scientist for restoration of the trees The homeowner said they wanted the trees removed because they were afraid they would fall toward the house some of the trees were dead trees I think the homeowner removed trees 3 times because there were a lot trees removed Mr Manzi stated check the building file and make copies of what you find Ms Merrill stated the building file was very big in size 22-24 Saunders Street Albert Manzi left the room conflict of interest Ms Merrill stated the owner of 201 Sutton Street reported there was dock constructed on Sutton Pond There was a language barrier he could not understand the technical wording I was using I think he is a College Student They put in a retaining wall, metal landing for the dock steel tubes into the pond The landowner never was asked if they could install a dock on my property Mr Lynch stated the jut matting would stabilize the embankment must remove the tubes from the water and the dock and the landing Fine of 100 00 per day till this area stabilized and revegetated need to hire a consultant to revegetate the embankment of the pond Mr Lynch the dam would keep the water level low in this area even though the flood maps say 100-year flood zone Mr Albert Manzi returned to the room Hydra raking at Stevens Pond-DPW Ms McKay there was RDA filed in 1997 routine maintenance of Stevens Pond Gene Willis needs to do maintenance of the pond allergies and weed control in Stevens Pond Mr Lynch stated they should file a Vegetated Management Plan for 5-years Mr Lynch hydro raking of the pond loose vegetation could float down into Mill Pond into Mosquito Brook Revised Open Space & Recreation Plan Review The Conservation Commission if also the Open Space Committee and The Chairman of the Open Space Committee is John Mabon Mr Lynch stated the Open Space &Recreation Plan should have handicapped accessibility, maintenance yearly, priority justify the state grant let the state take over some of the maintenance Ms Merrill we need to accept tonight because of grant money for Cullen Property Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to adopt the Open Space & Recreation Plan 2006 was made by Mr Lynch, seconded by Ms Feltovic Unanimous A motion of the Conservation Commission to adopt the Open Space &Recreation Plan 2006 was made by Mr Lynch, seconded by Ms Feltovic Unanimous Discussion this has to be approved by the Planning Board and the Selectman The Chairman of the Open Space Committee Mr John Mabon will have to attend a Planning Board meeting and a Selectmen meeting Then Open Space & Recreation Plan it is then referred to the State of Massachusetts to be approved No Recess Public Hearings: 8:15 P. M. North Andover Wetlands Protection Bylaw Regulation Revisions A member of the Wetland Protection Bylaw Review Committee Ray Broadhead and Jim Lafond was present Mr Manzi state the committee work very hard on the proposal to bring to Town 4 Meeting Warrant Article number 42 Mr Lynch stated this product started last spring the town decided to attack out Bylaw first The town is going to review the entire Bylaws in the Town I agree this would save the applicants money for small projects Mr Lynch stated our Wetland Bylaw was landmark community many of the Towns of Massachusetts have copied our Bylaw This problem last spring the Town of North Andover wanted to have Town Project exempt for filing with the Conservation Commission The town is trying to cut off our legs Mr Manzi stated there was disputes happened way back with the Town of North Andover Mr Masse stated if the U form signed off in,house plans would have to be looked at still to see if the applicant would have to file with the Conservation Commission, because if they give them building permit and an Abutter see them doing work with out being notified as an Abutter there could be a problem why is this happening Mr Masse stated the Commission Members do not do site visits the Administrator or the Associate would be attending the site visits Mr Lynch stated the Town of North Andover wants to have the Administrator Assistant cut down to 20 hours a week Mr Lynch stated to streamline the cost to the Public if no larger than 300 s f Decks, patio, septic systems and small projects cut down for staff to review Ms McKay stated confusion to what needs technical review Mr Lafond stated if within the 100-foot Buffer Zone big project would have to file with Conservation Commission and if the back yard is very close to wetlands the applicant would have to file with the Conservation Commission Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to adopt the changes to the Regulations of North Andover Wetlands Protection Bylaw goes into effect July 1, 2006 was made by Mr Manzi, seconded by Ms Feltovic Unanimous Albert Manzi,Jr., left the meeting at: 9:15 P. M. Request for Determination of Applicability 125 Colonial Avenue (Towler)(Haves Engineering, Inc.) The applicant Christopher Towler was present Mr Mabon read the legal notice Ms McKay stated the filing was the construction of a 3-season porch and deck within the Buffer Zone to a Bordering Vegetated Wetland The single-family dwelling was constructed as part of Woodland Estates (242-634, Lot 10) The proposed porch and deck will be constructed in a location that is already disturbed by the presence of an existing deck, concrete slab, peastone and lawn The porch will be set on sonotubes supports and will extend 4 feet further from the existing deck it will be replacing, but will still comply with the 50-foot No-Build zone (proposed at 51 feet from its closest point) The deck and associated stairs will be supported by sonotubes and will be constructed within the same footprint as the existing pea-stone and concrete slab Neither structure will require a foundation Soil disturbance will be minimal since only minor excavation will be required Siltation fence is proposed around the work The RDA application includes an extension erosion and sediment control report The wetland boundary was flagged and located in February of 2006 by Hayes Engineering, Inc and were reviewed and approved No issues Conditions to include pre-construction and post-construction meetings, installation of erosion controls, wetland markers and an as-built plan showing footings outside the 50-foot No-Build zone Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to issue a negative determination with conditions above was made by Ms Feltovic seconded by Mr Mabon Unanimous 5 Abbreviated Notice of Intent of Resource Area Delineation 242-1350, Berry Street & Turnpike Street (One Hundred Fourteen Trust)(Patrick C. Garner Company, Inc.)(cont. from 3/22/06) No one was present Ms McKay stated DEP comments were received and are noted as following "No contour or spot elevations provided Suggest looking area between g2-czla and fl 3-c2 " "The area between f 1 and hI" The third party review with Patrick Seekamp has not been conducted, as he prefers to obtain special municipal employment status as a result of ethics ruling prior to any reviews for the Commission He will also be away from the 16t" until the 251n of April This has been discussed with Scott Masse, Chairman and to be fair to the applicant, Mark West has been retained to conduct the review instead Patrick Seekamp The review has been scheduled for April 21" The applicant has requested a continuance to the meeting of April 20" Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to continue to April 26, 2006 meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1349, 245 Bridle Path (Grasso)(New England Enizineering Services,Inc.)(cont. from 3/22/06) Ben Osgood Jr , of New England Engineering Services, Inc stated the applicant request to continue to April 26, 2006 for revised plans Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, Louis Napoli A motion to continue the April 26, 2006 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1352, 1600 Osgood Street(Ozzy PropertiesBartley)(Epsilon Associates, Inc.) The applicant Robert Bartley of Ozzy Properties and Julie Vondrak of Epsilon Associates, Inc was present Ms McKay stated I would let Epsilon address the filing to the Conservation Commission Mrs Vondrak stated there has been maintenance on the property in the pass, but the mowing and maintenance of headwalls drainage concerns flooding in the parking lot in the back lot There would selective limbs trimming of the fence areas also treating poison ivy along the fence lines The mowing of the fields has been neglected for many years and they want spruce up the areas The yearly trimming of trees and shrubs on the property has been neglected also There would be some work done within the 25-foot No-Disturbance zone There would be a series of stormwater clean up areas being done on the property There are concrete lined channels that need to maintenance on the property The mowing of field's series 16 there is a stream in this area maintenance of the purple loose evasive species of plant needs to be controlled This is considered a limited project There would restoration on the bank of the stream after control evasive species is taken care of by hand Mr Lynch stated the O & M Plan is very important to the Conservation Commission to control of flooding on the property the drainage is very important to The Conservation Commission in the future development of the property the Conservation Commission would require an O & M Plan for perpetuity on the property Mrs Vondrak stated the there would be an pre-construction meeting would be done dry season the month of August Ms McKay stated monitoring-prior to each maintenance season, a qualified wetland scientist will meet with the site supervisor and landscapers to review and discuss the activities as outlined in the Order of Conditions A implementation sediment removal activities 6 will be monitored by the Wetland Scientist and re-inspected upon completion Monitoring reports will be submitted Erosion Controls Measures will include equipment staging, stockpiling areas, and erosion controls and dewatering if needed No issues from staff DEP file number issued but under review Also need letter from Natural Heritage Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovrc, Louis Napoli A motion to continue to April 26, 2006 meeting was made by Ms Feltovrc, seconded by Mr Lynch Unanimous A motion to adjourn the meeting at: 10:15 P. M.was made by Ms. Feltovic, seconded by Mr. Lynch. Unanimous. 7