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HomeMy WebLinkAbout2006-05-10 Conservation Commission Minutes Conservation Commission Meeting Minutes May 10,2006 Members Present: Scott L Masse, Chairman, Albert P Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr ,John J Mabon, Deborah Feltovic, Sean F McDonough, 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: 7:10 P. M. Quorum Present. Pledge of Allegiance General Business 242-1244, COC Request, Lot 1 Gray Street-#280 (Litchfield Company, Inc.)(Serwatka)(cont. from 4/26/06) No one was present Ms Merrill stated however, homeowners believe that these hay bales will breed ticks and is hold the affidavit hostage until bales are removed Mr Manzi stated the tick's do not like hay bales they like trees Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to issue the COC and bond release was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-500, COC Request,Boston Hill (Mesiti Development Corporation)(Marchionda & Associates, L. P.) Kenneth Grandstaff of Mesiti Development Corporation was present Ms Merrill stated Mesiti Development is seeking a COC for 242-500 relative to the development of a 22 building townhouses complex on Boston Hill in 1989 No work has been completed and there was no bond money posted Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to issue the COC was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-933, COC Request, Lyons Way (Mesiti Development Corporation)(cont from 4/26/061 Kenneth Grandstaff of Mesiti Development Corporation was present Ms Merrill stated revised plans from Marchionda, which the new setbacks from the replication area, were submitted on May 1" I have not been in touch with the homeowners on lot I to relocate their shed due to the timing of the revised plans and our move It is in my opinion that the location of the shed should not hold up the issuance of the COC However, I will follow up with the homeowners to have the shed relocated by 10-feet Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to issue the COC and bond release was made by Mr Mabon, seconded by Ms Feltovic Mr Lynch shed is a violation 6 to 1 vote 242-1202, ORAD Extension Reguest, 1503 Osgood Street(1503 Osgood Street, LLC)(Wetlands Preservation, Inc.) No one was present Ms McKay stated the site is a six-acre parcel located at the northeast intersection of Osgood Street and Orchard Hill Road and contains two existing residential homes not currently occupied The resource areas on the site include an intermittent stream, associated 1 bank, Bordering Vegetated Wetland and associated buffer zones Epsilon Associates, Inc originally delineated the resource areas on May 1, 2003 with revisions on 5/28/03 The resource areas were confirmed confirmed and an ORAD was issued for the site on June 12, 2003 The ORAD will expire on June 12th of this year respectively Prior to the issuance of the ORAD, a negative 1 determination was issued February of 2003 confirming the intermittent stream on site The determination has since lapsed and was not part of the ORAD decision Stream findings may need to re-evaluated in this regard The applicant requesting an extension of the ORAD The Bylaw does not specifically address extensions of ORAD' s but assumed that the ORAD' s can be extended as similar to an Order of Conditions The Wetland Protection Act specifically allows extension of an ORAD (10 05(8)) As such, request was submitted before 30-day period, the fee was paid, and staff to re-confirm the boundaries reviewed the wetland delineation Staff conducted a site review on Monday 5/8/06 with Wetland Preservation, Inc , and several minor changes were made These changes mostly relevant mislocated replacement flags by the surveyor There were flags found from previous delineations and it could not be determined where some of the flags were originally located Therefore, the plans need to be re-surveyed However these resurveyed plans should not change significantly from previously approved plan In addition, Wetland Flag 39C & Wetland flag 1-40END and Wetland flag 1-3 & Wetland flag 1-4 were not reviewed because they are either off property and do not effect the property or both As a note the previous recommendation on the ORAD states that letter prepared to the applicant addressing the drainage issues will need to be addressed during the Notice of Intent process Scott Masse, Albert Manzi, Joseph Lynch, John Mahon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to deny the ORAD extension request was made by Mr Manzi, seconded by Mr Lynch Unanimous Boston Hill Conservation Restriction Present Kenneth Grandstaff of Mesiti Development Corporation and Brian Levy Lawyer for Mesiti Development Corporation was present This would require a modification to the Order of Conditions 242-1099 Mr Lynch stated the State of Massachusetts requires a base line survey of areas encroachment within the Buffer Zones as of January of 2006 EOEA Mr Mabon stated the steward ship manual to address the slopes the State of Massachusetts is pushing for towns to have a base line survey seminar on Open Space Mr Lynch stated steward ship manual would require slope requirement to see if the Town of North Andover would take over the maintenance of the Restriction Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to issue the modification to require for Steward Ship Manual and baseline survey was made by Mr Lynch, seconded by Ms Feltovic Unanimous A motion to accept the Conservation Restriction was made by Mr Lynch, seconded by Ms Feltovic Unanimous Enforcement Order Ratification Shawsheen Trail Work Removing invasive species of plants by hand only no heavy equipment would be used Scott Masse, Albert Manzi, Joseph Lynch, John Mahon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Mabon Unanimous 2 No Recess Public Hearings: 8:02 P. M. Abbreviated Notice of Resource Area Delineation 242-1350, Berry Street& Turnpike Street(One Hundred Fourteen Trust)(Patrick C. Garner Company,Inc.)(cont, from 4/26/06) The applicant Peter Hmgoram of One Hundred Fourteen Trust and Patrick C Garner of Garner Company, Inc was present Ms McKay stated the review was conducted on April 2 1"and several small changes were made Mark West will be submitting a report detailing these changes Plenty of egg masses were observed at the vernal pool and the applicant' s representative has agreed to document this and determine the limits of the vernal pool boundary using the appropriate methodologies Revised plans showing all changes and West's report was just received today, but has been reviewed by staff No issues Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to issue a decision within 21 days was made by Mr Manzi, seconded by Ms Feltovic Sean McDonough abstained from voting 6 to 1 vote Notice of Intents 242-1208, Foster Farm Elementary School (North Andover Building Committee)(DiNisco Design)(cont. from 3/22/06) No one was present Ms McKay stated continuance to July 26, 2006 meeting Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to July 26, 2006 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1349, 245 Bridle Path (Grasso)(New England Engineering Services,Inc.)(cont. from 4/26/06)(Reguest to cont. 5/24/06) No one was present Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue the May 24, 2006 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1355, 1503 Osgood Street (1503 Osgood Street,LLC.)(Wetlands Preservation, Inc.) Jennifer Vicich of Wetland Preservation, Inc and Frank Monteiro of MHF Design Consultants, Inc was present Mr McDonough read the legal notice Ms McKay stated the filing is for the construction of a 3, 791 s f convenience store, deli, drive-thru donut shop and gas station on a 6 1-acre parcel with associated appurtenances, stormwater management structures, entrance driveway, parking and grading within the Buffer Zone to a Bordering Vegetated Wetland The gas pumps, consisting of 10 fueling stations, will be located outside of the 100-foot buffer zone as well as the proposed leach field for septic system Two existing single-family dwellings and several small sheds are also proposed razed within the project site Proposed stormwater systems on site have been designed with closed drainage system, consisting of curbing, catch basins and under ground detention/infiltration basins 3 underground systems altogether, 2 of which will be underground detention systems and will receive stormwater runoff from the parking areas via 3 deep sump catch basins with oil gas hoods The runoff in each detention basin will be pre-treated in a Stormceptor unit before discharging to a drainage swale and level spreader The 3`d system will be an infiltration basin, which will capture roof runoff from the proposed building Stormwater managements form, an O & M plan, and drainage report was submitted by MHF Design Consultants, Inc Recommend setting up an escrow account for outside drainage review All work proposed will meet 50-foot No-Build zone and the 25-foot No-Disturbance zone The erosion controls consisting of staked haybales backed by trenched silt fence is proposed immediately upgradient to the 25-foot No-Disturbance zone around the project site The site is not located within estimated habitat DEP # issued but still under review Mr Manzi stated created a new line this is ticking time bomb revised the sheet with correct wetland line on the plan Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to set-up escrow account for third party review of the drainage the of amount of$2,500 was made by Mr Manzi, seconded by Ms Feltovic Unanimous A motion to continue to June 14, 2006 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1354, 10 Inglewood Street (Xenakis)(Seekamp Environmental Consulting, Inc) The applicant Mathew Xenakis and Patrick Seekamp of Seekamp Environmental Consulting Inc , John McQuilkm, P E of JM Associates, and Abutter Daniel Nicolosi of 16 Jetwood Street was present Mr McDonough read the legal notice Ms McKay stated the filing is for the construction of a single-family dwelling, driveway, cantilevered deck, groundwater infiltrators and associated appurtenances (sewer& water) within the buffer zone to a Bordering vegetated Wetland The lot which work is proposed is relatively small (approximately 5, 000 s f) with the majority of the site within the 100-foot buffer Zone Therefore, proposed work will impact approximately 3, 684 s f of buffer zone The resource area is located to the south of the subject property and was delineated by Seekamp Environmental on March 4, 2006 The single-family dwelling is proposed to meet the 50-foot No-Build zone set back and is proposed at exactly 50- foot from the edge of the resource at the closest point The deck will be located within the 50- foot No-Build zone but cantilevered However, the proposed driveway/pavement area will be located within the 50-foot No-Build zone A waiver request and accompanying alternative analysis for this work has been submitted The alternative analysis indicates that the constraints and zoning requirement would not allow for more feasible alternative to locate the driveway outside of the 50-foot No-Build zone There would be 5 groundwater infiltrators as proposed within the 50-foot No-Build zone to accommodate drainage and roof runoff The no-disturbance to the 25-foot No-Disturbance zone is proposed Further, a 2-foot high, dry-laid fieldstone wall is proposed just upgradient to the resource area along the 25-foot No-Disturbance The project as proposed will need several variances from the Zoning Board of Appeals including area, street frontage and front and side setbacks It is my understanding that the applicant has not filed the application yet with the Zoning Board of Appeals, but will be filing in the next few weeks I recommend that the Commission continue the project until the applicant has filed with the Zoning Board of Appeals has issued a decision in accordance with the Bylaw and the Wetland Protection Act, 178 4 of the Bylaw states that"No such application shall be accepted as complete before all permits, variances, and approvals required by the Bylaws of the Town with respect to the proposed activities, at the time of such Notice, have been applied or obtained Such application shall include any information submitted in connection with such permits, variances, and approvals that is necessary to describe the effect of the proposed activity on the resource 4 areas" Further, this would be identified in 10 05 (4) (e) of the Wetland Protection Act Resource area was reviewed and approved Mr McDonough stated the garage would be right by your neighbors yard Mr Lynch stated turning within the driveway would be very tight M-r Xenakis stated there would be a steel beam installed going to supporting changes the Architect has redesigned the house Mr Napoli stated the cedar tree outside 25-foot No-Disturbance zone property line shrubs lined, standing water, hot top would change the water flow off the property Mr Manzi stated the delineation of the wetland line soil samples flow path to the culvert Mr Seekamp stated the was hydric soils organic soils, AP rich soils on top lower soils sand layer lawn deep top soil water slopes to Inglewood Street flattens out to 15-feet to 18-feet Abutter Daniel Nicolosi of 16 Jetwood Street stated Mr Xenakis is a very nice guy his property abutters my property but to allow him the build on 5,000 s f lot when I have a 7,500 s f that I could not build on my property The Conservation Commission had a discussion about the requirement of test pits to test water table to see if there would be a lot of surface run-off, and stonewall detail to be submitted also Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to May 24, 2006 meeting to require test pits and detail of stonewall was made by Ms Feltovic, seconded by Mr Manzi Unanimous 242-1353, 2163 Turnpike Street (Adams)((Hancock Associates) The applicant Mr &Mrs Adams, and Thomas J Keough, Jr, of Hancock Associates was present Mr Mabon read the legal notice Ms McKay state the filing is for the construction of a 25' x 30' addition to an existing single-family dwelling and the extension of an existing driveway, retaining wall along northwest edge of the proposed driveway extension and associated grading within the Buffer Zone to a Bordering Vegetated Wetland There were two delineated Bordering Vegetated Wetland areas that affect the project site, one to the northwest and one to the southeast of the property Hancock Associates delineated these resource areas on 4/17/06 The property directly abuts the Harold Parker State Forest to the rear, but does not indicate so on the submitted plans The property is also located the Casey lot 2177 Turnpike Street(DEP # 242-1055 & 242-1255-COC issued) The proposed addition will be located outside of the 50-foot No-Build zone However,the driveway extension,the proposed retaining wall, and set of stairs will be located within the 50-foot No-Build zone Grading is proposed to accommodate the addition A perimeter drain is also proposed around the addition A waiver request has been submitted for work within 50-foot No-Build zone and an alternatives analysis was submitted respectively There would be no work proposed within 25-foot No-Disturbance zone and erosion controls consisting of haybales and silt fence have been placed around the limit of work An erosion control detail, perimeter dram detail, and retaining wall detail have been included on the submitted plan The site is not located within floodplain or within Estimated habitat The resource areas were reviewed and approved with changes Hancock has submitted revised plans DEP # was issued, but still under review Mr Mabon stated some section o the 25- foot No-Disturbance zone trim back the size of the extension of the driveway Mr Lynch stated the applicant has hammerheads Mr McDonough stated the retaining wall 8-feet from the foundation of the house step slope right into 25-Foot No-Disturbance zone The applicant should use some pavers in a small area of the driveway extension would help with the driveway not getting so slippery in the winter time Mr Adams stated I think that would be good idea Scott Masse, Albert Manzi, Joseph Lynch, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 5 Decision 242-1253, 2163 Turnpike Street (Adams)(Hancock Associates) Ms McKay stated the bond amount set at$ 1,000, wetland markers, monitor,the rest boilerplate 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 Ms Feltovic A motion to adjourn the meeting at: 9:30 P. M.was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. 6