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HomeMy WebLinkAbout2006-08-23 Conservation Commission Minutes Conservation Commission Meeting Minutes August 23,2006 Members Present: Scott L Masse, Chairman, and Albert P Manzi, Jr , Vice Chairman, Joseph W Lynch,Jr , John J Mabon, Deborah A Feltovic, Louis A Napoli Members Absent: Sean F McDonough Staff Members Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary. Meeting came to Order at: 7:05 P. M. Quorum Present. Pledge of Allegiance General Business 242-1310, COC Reguest, 145 Carlton Lane(Schwanbeck)(New England Engineering Services, Inc.) Andy Lambert of New England Engineering Services, Inc was present Ms Merrill stated the Order of Conditions was issued in May 2005 for removal of the existing deck, in order to construct an addition, and relocation of an existing septic system within the Buffer Zone to a Bordering Vegetated Wetland The as-built plan and measurements were consistent with the approved plan A motion to issue the COC and release the bond was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1349, Modification,245 Bridle Path (Grasso)(New England Engineering Services, Inc.) Andy Lambert of New England Engineering Services, Inc was present Ms Merrill stated the Order of Conditions was issued on August 1, 2006 for the construction of a garage, and connection to municipal sewer The Order states that the existing pool, patio and cabana were built without necessary approval from the North Andover Conservation Commission and within the portion of the regulated 25-foot No-Disturbance zone and 50-foot No-Build zone Consequently,the Order of Conditions conditioned that the cabana be removed and relocated as 1t was allegedly built within the limits of the 25-foot No-Disturbance and 50-foot No-Build zone The applicant is requesting a modification to strike this condition, specifically#46 since they purchased the house lot in February 1998 with the pool and cabana The letter from New England Engineering Services, Inc , the assessor's records indicate that the former property was being taxed for the pool and cabana prior to 1988 New England Engineering Services Inc , the assessor's records indicate that the 25-foot No-Disturbance zone and 50-foot No-Build zone setbacks were not implemented in 1988,therefore, the cabana would not be in violation. The most recent property card indicates the effective year built for the shed, patio, gunite pool was in 1988 A motion to issue the modification to strike condition# 46 from the Order was made by Ms Feltovic, seconded by Mr Manzi Unanimous Open Space Acceptance-Berrington Place- cont. from 8/9/06-Request to cont. 9/13/06 1 Enforcement Order Ratification 80 Saile Way Ms Merrill stated the majority of the entrance was within jurisdiction, and remained outstanding the applicant was given an of the Enforcement Order for 60 a day extension to complete work The wall back fill and stabilize install PVC pipe for the drainage on the site The Enforcement Order extension was from July to September 8, 2006 Mr Manzi stated there were,two of his the projects before Conservation Commission working on an Enforcement Order and if the work is not completed on both sites,the applicant would have to file Notice of Intents for both projects Mr Lynch stated that if work was not completed, fines of $100 per day should be issued Ms Merrill states the Enforcement Order final date was September 28, 2006 A motion to ratify the Enforcement Order was made by Mr Manzi, seconded by Ms Feltovic Unanimous Decisions taken out of Order on the Agenda. 242-1364, 611 Salem Street (Belford Construction)(New England Engineering Services, Inc. Andy Lambert of New England Engineering Services, Inc was present Ms McKay stated the bond amount was set at $ 4,000, and include wetland makers, a stonewall along the 25-foot No- Disturbance zone, Environmental monitoring, and interim drainage as-built plan to make sure all drainage requirements are being met Condition# 51 addressed that drainage be built according to the approved plan A motion to accept the Order of Conditions as amended was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1366,326 Campbell Road, (Swiniarski)(Merrimack Engineering Services, Inc.) Ms McKay stated the bond amount was set at $ 3,000, and included environmental monitoring, staking the foundation corners, removal of the existing shed and gravel driveway, installation a 2 x 2 foot dry field stonewall along the driveway and along the northerly property line upslope to the 25-foot No-Disturbance zone further away A motion to accept the Order of Conditions as drafted was made by Mr Lynch, seconded by Ms Feltovic Unanimous Recess for 30 minutes Public Hearings 8:00 P. M. Notice of Intent (s) 242-1208, Foster Farm Elementary School(North Andover Building Committee)(DiNisco Design)(cont. from 7/12/06) No one was present A motion to continue to October 25, 2006 meeting was made by Mr Manzi, seconded by Mr Napoli Unanimous 2 242-1362, Mosquito Brook Drainage Improvements-Winter Street, Foster Street, and Lost Pond Lane, Private Lane(DPW) (VHB) (cont. from 8/9/06) The applicant Eugene Willis, Town Engineer and Paul Carter of VHB was present Ms McKay stated Lisa Eggleston has responded to final comments via telephone Her previous issues had been addressed with the exception to possible downstream impacts She suggested that the applicant contact Boxford directly The Commission also requested that the applicant contact FEMA to determine whether the proposed work would impact the Town's participation in the program VHB contacted FEMA No contact from the applicant had been made to Boxford Mr Carter stated he had contacted FEMA and talked with David Dean who stated that the only thing they were concerned about was if they would have to change the firm map elevation Mr Carter said the effect would only be 0-1 if 6 inches may over top the retaining wall at Brookview Road Mr Willis said he checked with Boxford they only had some roadway washout during the May floods Mr Lynch he would try to contact FEMA Mr Carter stated the hydro changes in elevation would be 109 22 to 109 12 Mr Lynch requested notification to the Town of Boxford Mr Willis stated he would send out a letter to Boxford A motion to continue to September 13, 2006 meeting was made by Ms Feltovic, seconded by Mr Manzi Unanimous 242-1357, 0 North Main Street(Downer Brothers Landscapinz)(New England Engineering Services,Inc.)(cont. from 7/12/06)(Reguest to cant. 9/13/06) No one was present A motion to continue to September 13, 2006 was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1354, 10 Inglewood Street(Xenakis)(Seekamp Environmental Consulting,Inc.)(cont. from 7/12/06) The applicant Matthew Xenakis and John Xenakis, Patrick Seekamp of Seekamp Environmental Consulting, and John McQuilkin of JM Associates, Inc , were present Ms McKay stated the applicant had filed with the Zoning Board of Appeals and approval for the variances had been granted The revised plans had been submitted showing porous pavement for the drive, a stone apron just beyond the pavement upgradient of the proposed stonewall, and the new location of the proposed infiltrator Soil testing was also conducted as requested Mr Manzi stated the Conservation Commission did allow driveways within the 50-foot No-Build zone Mr Lynch stated the driveway porous pavement would, alter be good for stopping water run-off from the driveway, does likely to coating really maintenance Mr Mabon stated that impervious pavers on the top of the driveway would allow water to be absorbed into the ground and might work better Mr McQuilkin stated those would not work if a plow were used on the driveway Mr Lynch stated the snow would have to trucked of property and there was no room for snow stockpiling in the driveway Mr Seekamp stated the cedar tree would have to be cut down Mr Napoli stated there should be catch basin and an apron on the driveway to stop any runoff within the roadway to neighbor's yards A motion to continue to September 13, 2006 for revised plans to show driveway infiltration was made by Ms Feltovic, seconded by Mr Lynch Unanimous 3 i } 242-1367,31 Court Street (Castricone)(Arrow Environmental, LLC)(Giles Surveying)(cont. from 8/9/06) The applicants Mr & Mrs Castncone were present The Commission had a site walk on Thursday August 17 at 6 00 P M Deborah Feltovic on Monday August 14, 2006 Joseph Lynch, Louis Napoli, and the applicant and Ms McKay were present on August 17 The Commission requested topo on the plans It was suggested that plan changes be incorporated at a later date Mr. Lynch also questioned whether the project was correct to assert that a foundation drain was not required The Inspector of Buildings, Gerald Brown, has indicated to Ms McKay that building codes did not address the requirement for foundation drains and are proposed only if the engineer proposes it Mr Mabon stated there should be 2 x 2 foot stonewall to prevent any more Disturbances with the 25-foot No-Disturbance zone The Commission discussed instead of a foundation and asked if the applicant would be agreeable to this, otherwise they could not approve as proposed avoid, minimize, mitigate impacts The revised plans need to show topo, spot grades and 2 to I mitigation along the 50-foot No-Build zone and the 25-foot No Disturbance zone A motion to continue to September 13, meeting for revised plans was made by Ms Feltovic, seconded by Mr Napoli Unanimous Mr Albert Manzi left the meeting at 9:20 P. M. 242-1368, 115 Peachtree Lane, (Kamieneski)(Arrow Environmental,LLC)(Giles Surveying)(cont. from 8/9/06) The applicant Scott Karmeneski and Brian Darcy of Northpoint Realty Development and Abutters Kathern of 98 Rea Street and Scott Shilling of 96 Rea Street were present Ms McKay stated the project is for construction of a 30' x 50' concrete basketball/sports court and a landscaping retaining wall and minor site grading within the Buffer Zone to a Bordering Vegetated Wetland The lot(12) is part of the Peachtree subdivision(242-1186), which has not been closed out to date As such, the homeowners association has not been set-up and the ownership of the development was still under the jurisdiction of the applicant(Peachtree Development, LLC) Prior to submission the applicant was strongly advised the he speak with the developer in regards to his proposal Ms McKay also stated that had informed the applicant of the existing drainage easement which the sports court was being proposed and how,that area could be at any time accessed for drainage maintenance purposes Mr Karmeneski acknowledged this Ms McKay also indicated that the time of the original wetland delineation for Peachtree Development (positive DOA) issued on June 20, 2001, the wetland delineation had changed significantly in several locations Specifically, wetland flags A6, A7, and A8 Mr Darcy stated Mark West would review the wetland line next week when he gets back from vacation Mr Lynch questioned building on the drainage easement and had concerns with this Kathern of 98 Rea Street Condo unit stated there was a 10-foot private sewer line that also needed to be protected A motion to continue to September 13, was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1369, 125 Lancaster Road (Sklar)(Marchionda) Paul Marchionda of Marchionda Associates, Inc was present Mr Mahon read the legal notice Ms McKay stated that filing was for the construction of an in ground pool and associated patio, fence, landscaping, and grading within the Buffer Zone to a Bordering Vegetated Wetland An Order of Conditions was issued in 1993 for the construction of the existing single-family 4 dwelling (242-680) A COC was issued in 1994 Proposed work complies with the 25-foot No-' Disturbance zone and the 50-foot No-Build zone The erosion controls are proposed around the proposed work The filter system will be located towards the front of the house and further from the wetland resource area as shown on the proposed plan The wetland resource areas were flagged by Arrow Environmental, LLC in July of 2006 and have been reviewed and approved Proposed work is not located within estimated habitat or any other resource area No issues Condition pool waters to not discharge towards resource area File # issued still under review Mr Lynch stated that for the access purposes, the erosion controls would make more sense to wrap around the whole property boundary in the back of the existing house Mr Mabon stated the backwash of the pool water pipe would need to be directed towards the street A motion to continue to September 13, meeting for revised plans was made by Mr Napoli, seconded by Ms Feltovic Unanimous Wetland Regulations Revision-Applications Checklist/Other(cant. from 8/9/06) The Notice of Intent Checklist is accepted as amended was made by Mr Lynch, seconded by Mr Napoli Unanimous The Checklist for Small Projects Continued because Mr McDonough was not present A motion to continue to September 13, was made by Mr Lynch, seconded by Mr Mabon Unanimous A Motion to adjourn the meeting at: 10:15 P. M. was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 5