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HomeMy WebLinkAbout2006-05-24 Conservation Commission Minutes Conservation Commission Meeting Minutes May 24,2006 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 242-1249,COC Request, Sutton Hill Road, Peters Street, Wood Lane (DPW)(Weston & Sampson Engineering,Inc.) Sharon McKechnie of Westin& Sampson was present Ms Merrill stated the Order of Conditions was issued in June 2004 for replacement of water mains on Sutton Hill Road, Peters Street, and Wood Lane The Department of Public Works retained Weston& Sampson as the Environmental and reports were submitted throughout construction A compliance inspection was conducted on Tuesday, May 23, 2006 at the time all disturbed areas were stable and all erosion controls have been removed 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 Ms Feltovic, seconded by Mr Napoli Unanimous 242-634, PCOC Request, 74 Colonial Avenue (Eric Lareau) The applicant Eric Lareau was present Ms Merrill stated the Order of Conditions was issued in January 1993 for Woodland Estates, which allowed the construction of a 29-lot subdivision The homeowners are in the process of selling their property A title examination has turned up the outstanding Order of Conditions associated with the subdivision Therefore, the homeowners are requesting a PCOC In January 2006, the homeowners requested an inspection to discuss the possibility of construction a 3rd stall garage with a living space above it My findings concluded that the wetlands were greater than 100' away and the Buffer Zone only extended onto the property, but outside the limit of existing lawn Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to issue the PCOC only for Lot 28 does not certify any drainage structures was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1099, Boston Hill Conservation Restriction Modification Kenneth Grandstaff of Mesiti Development Corporation and Brian Levy a Lawyer for Mesiti Development Corporation an Abutter Henry Fink was present Mr Levy stated the State of Massachusetts was fine with the modification to the Conservation Restriction Ms McKay stated was Town Counsel fine with the modification you submitted Mr Levy stated I sent information to Carol McGravy and she was fine with the modification The Conservation Commission had a discussion about the bond amount Mr Lynch stated $ 5, 000 should be a fine amount Mr 1 Lynch stated the base-line survey should be post-construction when the work has been completed then the Open Space could be figured out The May 18, 2006 Memorandum was accepted as drafted was accepted by the Conservation Commission Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to add condition# 74 from May 18, 2006 Memorandum to the modification was made by Mr Manzi, seconded by Mr Lynch Unanimous A motion to accept the EOEA survey base line as amended was made by Mr Manzi, seconded by Mr Lynch Unanimous Enforcement Order Ratification 55 South Bradford Street Ms Merrill stated they needed to remove driveway pavers a light pole they had to remove everything off their neighbor's property Mr McDonough stated was there any money exchange on the easement Ms Merrill stated no they told me they did not know what they were signing I checked registry of deeds I could not find any easement on the property Ms Merrill stated minor project hot topping installation some pavers the work needs to be completed by June 9, 2006 Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to ratify the Enforcement Order was made by Mr Manzi, seconded by Ms Feltovic Unanimous Town Warrants #28,#29, #42,#43 Article# 28, Report of the Community Preservation Committee and Appropriation from Community Preservation Fund how would used in budget 2007 Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion for favorable action was made by Mr Lynch, seconded by Ms Feltovic Unanimous Article # 29, Change Community Preservation Surcharge Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion unfavorable vote was made by Mr Lynch, seconded by Ms Feltovic Unanimous Article # 42, Amend General Bylaws-Chapter 178, Section 9-Wetlands Protection—Rules and Regulations Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion favorable vote was made by Mr Lynch, seconded by Ms Feltovic Unanimous Article # 43, Amend General Bylaws Chapter 178- Wetlands Protection Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion for unfavorable vote was made by Mr Manzi, seconded Mr McDonough Unanimous Filing Fee appropriation to restore Administrative Assistant position to full time. Conservation Commission was discussing how much is in the filing fee account Mr Manzi stated you cannot be guessing on the amount of money in the account The building of housing is slowing down there no guessing on balance in that account right now paying the Associate thru the filing fee account that what the purpose of that account is for Mr Manzi stated this is bad the people that work for Town of North Andover do not even make that much money a year Scott Masse and Albert Manzi would be meeting with Town Manager on this matter There was 2 discussion by Conservation Commission to raise the filing fees rates in the Regulations Ms McKay stated I can check with surrounding Towns to see what they are charging for there filing fees Mr Manzi this would have to be posted on the Bulletin Board at Town Hall meeting time should be around 6 P M No Recess Public Hearings 8:15 P. M. Request for Determination of Applicability 417 Marbleridge Road (Dearman)(Northstar Land Survey Services) The applicants Mr & Mrs Dearman was present Mr McDonough read the legal notice Ms McKay stated the project is for construction of a 12' x 14' sunroom to an existing single-family dwelling within the Buffer Zone to a Bordering Vegetated Wetland and associated intermittent stream and bank The sunroom will be built on the three- (3) concrete-fill sonotubes impacting less than 5 s f of ground disturbance within the existing lawn area No grading is proposed for the project The area beneath the structure will be stabilized using stone of the other suitable material upon completion of construction The 50-foot No-Build and the 25-foot No-Disturbance zone will be met as proposed The addition will be 68' from the edge of the resource area at its closest point The erosion controls as shown on the plan However, I am of the opinion that erosion controls are not necessary for this site since ground disturbance is so minimal, the distance from the work to the resource area is so great and the existing level grade of the area between the work and the resource area I would recommend having 5 or 6 haybales on site for emergency erosion control purposes The site is not located within estimated habitat of rare species The resource area was delineated by Seekamp Environmental Consulting on April 13`h of this year and has been reviewed and approved with exception to wetland flags A-1 &A-10 since they are located off property and have no affect on the proposed project Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to issue a negative determination condition pre-construction meeting was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-1349,245 Bridle Path (Grasso)(New England Engineering Services, Inc.)(cont. from 5/10/06)(Reguest to cont. to 6/14/06) No one was present Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to June 14, 2006 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1354, 10 Inglewood Street(Mathew Xenakis)(Seekamp Environmental Consulting, Inc.)(cont. 5/10/06)(Request to Cont. 6/14/06) No one was present Mr McDonough stated the driveway and garage need to be looked at again I do not think this would work set up this way Mr Manzi stated the applicant needs to flip the house to face the street Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to June 14, 2006 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 3 242-1356, 123 Marian Drive (Cavanaugh)(Merrimack Engineering Services, Inc.) The applicants Mr & Mrs Cavanaugh and Maureen Hanley of Norse Environmental Services, Inc was present Mr Mabon read the legal notice Ms McKay stated the project is for construction of a replacement septic system and filling and grading of an eroded area within the Buffer Zone to a Bordering Vegetated Wetland The replacement septic tank and associated work will be located outside the 50-foot No-Build zone A soil stockpiling area is also proposed and depicted on the plan 500 s f of disturbance (filling) within the 25-foot No-Disturbance zone in the location of the existing garage of 30 years, which is within the 25-foot No-Disturbance zone It is settling and pulling away from the house causing structural damage The filling activities will occur up to 3 or 4 feet from the resource area at its closest point Pictures were submitted with the application showing the garage and the damage A wavier request was submitted for the work The erosion controls are proposed around the limit of work for each of the proposed construction activities Norse Environmental Services, Inc , delineated the wetlands this past February 2006 and was reviewed with exception of offsite flags 1-4 and 13 The site is not within Floodplain or Estimated Habitat of rare species Mr Manzi stated keep the matters to yourself Alison Mr Lynch stated contour within Geo Tech fill on the ground could make conditions worst Mr Manzi stated the applicant needs hire structural engineer and submit a report what is the best way to solve this problem for the garage Mr Manzi stated this area when these houses were built they filled in wetlands in this area Ms Hanley stated I am wetland scientist not a structural engineer cannot answer some of your questions Mr Dufresne of Merrimack Engineering had to go to another meeting tonight Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to June 14, 2006 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-0000, 1101 Turnpike Street(National Grid USA)(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 the filing is for the installation of a gravity sewer and associated activities within the Buffer Zones to Bordering Vegetated Wetland and within Riverfront of Boston Brook Associated activities include excavating and trenching for the installation of the sewer manholes and sewer pipe Limits of the proposed work will begin at subject property(1101 Turnpike Street) and will end before 927 Turnpike Street All work will be within the Turnpike Street Right of Way and within previously disturbed areas Several wetland systems exist within 100-feet of the proposed work area These wetland resource areas were delineated by New England Engineering Services, Inc and are shown on the plan Proposed alteration of inner riparian Riverfront area is 43, 286 s f, proposed alternation within outer within outer riparian area is 9, 343 Approximately 970 linear feet of new gravity sewer will be placed within the 25-foot No-Disturbance zone (although these areas are predominantly already disturbed areas within road of road shoulder), but will be restored back to it previously existing condition The site is not within estimated habitat of the state rare wildlife The erosion controls staked haybales, backed by silt fence are proposed along the project route and are found suitable locations There may be areas in fact where the erosion Dewatering will likely be needed for this work and appropriate dewatermg basins are proposed Dewatering details have been depicted on the plan Appropriate locations for dewatermg shall be conditioned in the decision and discussed during the pre-construction meeting The Order should note that same associated resource areas shown on the site itself was already approved under the recent RDA 4 filing for the removal under ground gas tanks in March of this year and other previously approved wetland delineations as noted (242-1340-Uncle Bob's Storage, 242-1095 Seven Hills, & 242-1099-Boston Hill) All other wetland resource areas along the project site have been reviewed and approved Mr Osgood stated the line would be run from the pumping station on there is 36' culvert on the shoulder of the roadway under this and across the street to the pump station Ms McKay state the applicant owes $ 125 to the state and additional $ 125 for local fee Ms Merrill stated a pre-construction meeting was conducted 2-weeks ago for the gas tank removal Mr Mabon stated has department of public works approved of this yet Mr Osgood stated yes the department of public works has approved the sewer tie in Mr McDonough stated are there going to be stubs available for homeowner from Boston Hill to tie in Mr Osgood stated yes there would be stubs available they may be across the street Mr Fink stated on Boston Hill they would be building 40 to 50 houses when the trees are removed there could be problems water flowing right down the hill Scott Masse, Albert Manzi, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to June 14, 2006 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous Albert P. Manzi, Jr., conflict of interest left the meeting at: 9:00 P. M. 242-1357, 0 North Main Street(Downer Brothers Landscaping)(New England Engineering Services,Inc.) Ben Osgood, Jr of New England Engineering Services, Inc and Abutter Ralph Francisco and his lawyer Dom Scalise, and Abutter Richard Hogan of the Lawrence Sanitary District Treatment Plant were present Mr Mabon read the legal notice Ms McKay stated the project is for construction of a commercial building and associated grading, stormwater management structures and appurtenances within the buffer zone to a Bordering Vegetated Wetland/bank and within 100' and 200' riparian riverfront areas and the 100-year Floodplain of the Merrimack The lot plan is 43, 561 s f located entirely within Riverfront and 100-year Floodplain (elevation 33') The lot was created prior to August 1, 1996 as existing commercially zoned lot The existing site conditions reflect a combination of grass, gravel concrete, and pavement from a previous commercial building, which covered the site The existing gravel covers the majority of the site while areas of concrete and pavement are located in the middle of the lot In addition, the site is currently being used as a landscaping/storage/junk yard The previous had a larger footprint than the one that is proposed The proposed work is considered a redevelopment project under Wetland Protection Act and regulations since conditions on the site will improve from existing conditions (310CMR 10 58 (5) & (6)) The Riverfront Performance standards and alternative analysis has been provided The applicant claims that there is no alternative since the entire lot lies within the aforementioned resource areas and no significant adverse impacts to these resource areas The proposed work will comply with the local 25-foot No-Disturbance zone and the 50-foot No-Build zone setbacks with exception to a portion of the proposed paved area within the 50-foot No-Build zone, but will be within the limits of the existing gravel area Proposed alteration of Riverfront area Total-32, 859 s f within inner riparian-23, 302 s f, within outer riparian-8, 557 s f Bordering Land subject to Flooding to be altered= 1, 846 cubic feet, Bordering land subject to Flooding to be replaced= 1,863 cubic feet(1 1 replacement per Wetland Protection Act and Bylaw) Flood storage and capacity was calculated and provided on page 3 of the project narrative in the Notice of Intent The project subject to Stormwater Policy 5 and drainage report has been submitted An O & M plan was also submitted (p 4 of the project narrative included in the Notice of Intent)-Maintenance of the site and associated drainage structures would become the responsibility of the lot owner Maintenance would include cleaning the catch basins 1 x per yr And inspection and maintenance of the forebay and wet pond, and frequent vegetation management of any woody vegetation growing on the banks on the pond and grass trimming Set up escrow for outside drainage review Erosion controls are proposed around the limit of work (no closer than 26' from the resource area) The site within estimated habitat-waiting comment letter for Natural Heritage File # issued but still under review Mr Hogan stated there is sewer easement here for the Sanitary District if we need to fix pipes or any other maintenance that is associated with Sanitary District Mr Lynch stated years ago the Sanitary District had been doing Vegetated Management Plan Mr Hogan stated yes we use to do it years ago but there were laying off people so we have not done this for 6 or 7 years Mr Scalise stated the building on this lot was a corrugated building, which had clasped heavy snow load on the roof the building did sit on a foundation Mr Lynch stated stockpiling areas mulch, loam, and sod with the volume of the Flood zone that could be problem This building would have to be flood prove building on pilings should be brake away pilings compensating 28 to 30 inches Ms Merrill stated is this allowed the displacing of the Floodplain Mr McDonough stated how high is the fence going to be Mr Osgood stated the fence would be 6-feet high Ms McKay stated although the site is heavily disturbed with little to no existing herbaceous or woody vegetation, no restoration activities are proposed and would recommend that such restoration efforts be proposed along the river and associated resources areas Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, Sean McDonough, Louis Napoli A motion to continue to June 14, 2006 meeting was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1350, Berry Street & Turnpike Street (One Hundred Fourteen Trust)(Patrick C. Garner Company, Inc.) Ms McKay stated added comments from Mark West Report and Patrick Garners submitted plans A motion to accept the ORAD as drafted was made by Ms Feltovic, seconded by Mr Lynch Unanimous A motion to adjourn the meeting at: 9:45 P. M. was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 6