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HomeMy WebLinkAbout2006-09-13 Conservation Commission Minutes Conservation Commission Meeting Minutes �t iA September 13, 2006 Members Present: Scott L Masse, Chairman, Albert P Manzi, Jr, Vice Chairman, Joseph W Lynch, Jr, John J Mabon, Deborah A Feltovic, Sean F McDonough Members Absent: Louis A Napoli Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, and Donna M Wedge, Conservation Secretary Meeting came to Order at 7:10 P. M. Quorum Present. Pledge of Allegiance General Business Minutes Minutes of the August 9, 2006 and August 26, 2006 public meeting were given to Mr Masse for approval Mr Manzi requested that approval of these minutes be tabled to another meeting 242-257, PCOC Request, 135 Laconia Circle (Lot 14A)(Stafford)(The Neve-Morin Group, Inc.) No one was present Ms Merrill stated that the Order was issued in 1985 for the construction of Equestrian Estates A few PCOC's were previously issued under this Order, however a full COC has not been issued to date Ms Merrill stated that the applicant was seeking to clear the Order from the deed This lot was jurisdictional under the original Order Ms Merrill stated that her site inspection confirmed that there was no encroachment into the local setbacks, as depicted on the as built plan A motion to issue the PCOC for Lot 14A, 135 Laconia Circle only was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1057, COC Request, (Brooks School Athletic Facility)(Brooks School)(Rist-Frost-Shumway Enp-ineeriny-) Mr John Scott of Rist-Frost-Shumway Engineering was present Ms Merrill stated that the Order was issued in 2001 for construction of new athletic facility, with associated appurtenances and stormwater structures within the Buffer Zone to a BVW The work has been completed for about one year The as- built plans were consistent with the approved plan The area remains well vegetated and stabilized with no sign of erosion Mr McDonough stated that in spring of last year he received a call about how the paint from the stockpiled ice of the rink had been stockpiled in close proximity to the wetland resource area and was concerned of the paint impacting the resource area He asked if there were alternative locations to stockpile the ice from the nnk Mr Scott stated that the stockpiled shaved ice in front of the ice rink was town water and no chemicals are used on the ice He also stated that he was not familiar with the operations,but would look into storage outside of the 100' buffer zone Mr Lynch asked if the school had separate filings with the Commission Mr Scott replied that they did A motion to issue the COC and release the bond was made by Mr Manzi, seconded by Mr Mabon Unanimous 242-861, Modification & COC Request,38 Saile Way (Vaudo)(Civil Construction Manaaement, Inc. The applicants Mr & Mrs Vaudo were present Ms Merrill stated that the Order of Conditions was issued in 1997 for the construction of a single-family dwelling with associated appurtenances within the Buffer Zone to a BVW The majority of the house was built outside of the 100-foot Buffer Zone The 1 applicants request includes a modification for the in ground pool, patio, cabana, and terraced area which were built in 2002 within the Buffer Zone to the resource area offsite Mr Manzi questioned how far away the structures were from the wetland Ms Merrill stated that the structures were 75-feet away Mr McDonough questioned why there were no monitoring reports submitted as required Ms Merrill stated that back then staff was going out once a week to monitor the site as work was being completed A motion to issue the modification was made by Mr Manzi, seconded by Ms Feltovic Mr McDonough denied Vote 5 to 1 All disturbed areas were stable with no erosion A motion to issue the COC and release the bond was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1349, Modification, 245 Bridle Path (Grasso)(New England Engineering Services, Inc.) Ben Osgood, Jr, of New Engineering Services Inc and Andy Lambert of New England Engineering Services, Inc were present Ms Merrill stated that the applicant was requesting to strike Condition# 58, which required the installation of a 6-foot high chain link fence immediately upgradient to the 25-foot No- Disturbance zone from wetland flag B4 to wetland flag B8 Mr Masse stated that he had an issue with applicants coming back to the Commission to strike conditions that the applicant did not like Mr Lynch said that he remembered having a lengthy discussion about the fence before making the decision Ms Feltovic stated that the fence was required to discourage dumping over the years in this area Mr Manzi stated that some sort of physical barrier was normally required along the 25-foot No-Disturbance zone Mr Osgood stated that the applicant did not want to lose the view of his back yard with 6-foot high fence, but that the applicant would probably agree to 4-foot high chain link fence or a stonewall 2 x 2 feet The Commission stated that they would be amendable to reviewing proposed alternatives if proposed by the applicant A motion to deny the modification as presented was made by Mr McDonough, seconded by Mr Manzi Unanimous 242-1364,Modification, 611 Salem Street (Belford Construction)(New England Engineering Services, Inc.) Ben Osgood, Jr, of New England Engineering Services, Inc and Andy Lambert of New England Engineering Services, Inc were present Ms McKay stated that an Order of Conditions was recently issued for the construction of a single-family dwelling and associated site work The applicant was requesting several modifications to the Order to include an additional condition and a perpetual condition to maintain the design of the approved grades and the swale These conditions including adding condition 51 A to read The site shall be grade and maintained so no run-off from newly developed portion of the site flows off site within the newly constructed drainage swale and does not flow to the stormwater treatment area located on the 15 Nutmeg Lane property The Order would also include condition 5 1 A as a perpetual condition Mr Lynch addressed how the modification should be administratively handled A motion to issue the modifications as discussed was made by Mr Lynch, seconded by Ms Feltovic Unanimous. 242-1322, COC Request, 246 Candlestick Road (YounM(The Neve-Morin Group, Inc.) The applicants Mr & Mrs Young were present Ms Merrill stated that the applicants submitted a COC request but they had not gone through 2 growing seasons for the plantings as required Mrs Young stated that the fence was installed and in one location/one post of the fence that was not located correctly and fell within the 25' No-Disturbance Zone(20-feet) She indicated that they did not find this out until the site was surveyed Mr Masse stated asked why a representative from the Neve-Morin Group was not present Mrs Young stated that they wanted to represent themselves. Mr McDonough stated that the Commission should entertain a modification for any discrepancies Mr Masse suggested that Neve-Morin submit a letter to present the modifications A motion to continue to the September 27,meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous No Recess 2 Public Hearings 8:20 P. M. Request for Determination of Applicability (RDA) 85 South Bradford Street, (Crum) (New England Engineering Services, Inc.) Andy Lambert of New England Engineering Services was present Mr. McDonough read the legal notice Ms McKay stated that the filing was for the removal of two existing 12' x 12' additions on concrete slabs to replace with a new addition on new footings within the same footprint. Mr. Mabon stated the dumpster needed to be located outside of the 50-foot No-Build zone A motion to issue a negative determination with conditions to include a pre-construction meeting and locating the dumpster outside of the 50-foot No-Build zone, etc was made by Mr Manzi, seconded by Mr Mabon Unanimous Abbreviated Notice of Resource Area Determination (ANRAD) 242- , 1.81.2 Turnpike Street (Fodera)(Epsilon Associates, Inc.) Julie Vondrak of Epsilon Associates, Inc was present Mr. Mabon read the legal notice Ms McKay stated that the filing was for the confirmation of the wetland resource area boundaries and associated buffer zones on must over 2-acre lot off Turnpike Street immediately adjacent to the existing Equestrian Shop Ms McKay presented her project review to the Commission She indicated that jurisdictional areas delineated included bank to an intermittent stream and associated BVW She also indicated that the she had reviewed and approved the resource areas with the exception of several off property flags Mrs Vondrak explained that historic fill was found on the site with very sandy soils found at the surface She indicated that numerous soil plots were taken with Ms McKay on site Ms McKay stated that stream stats were also conducted and it was determined that the stream was intermittent A DEP file had not been issued. A motion to continue to the September 27, meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous. Notice of Intent(s) 242-1357, 0 North Main Street(Downer Brothers Landscaping)(New England Engineering Services,Inc.)(cont. from 7/12/06)(Re(luest to cant. to 9/27/06) Neither the applicant nor their representative was present despite the fact that the Administrator, Alison McKay, and the Administrative Assistant, Donna Wedge, spoke directly to NEES in this regard and were told that someone would be present at the Commission's request The Commission had some discussion as to how they wished to proceed, whether to grant the applicant's continuance request or whether to close the public hearing and issue a decision After viewing the meeting on local cable access television, the applicant appeared at the meeting. The applicant stated that he was told that his representative would be present and was not sure why they were not The Commission reiterated their great concern of repeated continuances and lack of information submitted Mr Lynch reiterated that the project was located in flood plain to the Merrimack River and that the plans needed to be revised substantially as there were some major concerns They had offered the applicant the option to withdraw without prejudice and to refile when the application was more complete The applicant had requested a continuance to the meeting of September 27, 2006 A motion to continue to the September 27 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1.326, Mosquito Brook Drainage Improvement-Winter Street, Foster Street, and Lost Pond Lane, Private Lane (DPW) (VHB) (cont. from 8/23/06) The applicant William Hmurciak, Director of the Department of Public Works, Paul Carter of VHB, and Ross Povenmire, Director of Conservation for the Town of Boxford were present The applicant had since sent written notification to Boxford as requested Mr Lynch stated that he had spoken with FEMA and 3 their concerns were only on the elevations of the firm maps, which would not affect North Andover's participation in the FEMA program He indicated that FEMA said the concern, if any, was on the downstream end in Boxford Mr Carter stated that the increase in flood elevation would be 1/101h of a foot in the 100-year flood, which was not big increase in flooding Mr Povenmire stated that have some pictures to submit of some flooding that had occurred in Boxford during the May floods He also stated that he would speak with his Commission and would like VHB to refer copies of the plans to the Commission for review so that they could send in an opinion. Mr. Hmurciak stated that he was okay with a continuance to allow Boxford a review of the project. Mr Poverimire stated that 1/101h of a foot might not be a large difference, but suggested that the project be submitted to and reviewed by the Army Corp of Engineers to ensure that the new Stream crossing standards were being met Mr Lynch stated that the Commission's outside consultant review the filing already and the berm has been removed Mr Povenmire indicated that the next Boxford Conservation meeting would be held on September 21, 2006 and would try and get responses to the Commission prior to their next meeting of September 27th A motion to continue to September 271h was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1354, 10 Inglewood Street (Xenakis)(Seekamp Environmental Consulting, Inc.)(cont. from 8/23/06) The applicant Matthew and John Xenakis, Patrick Seekamp of Seekamp Environmental Consulting, Inc , and John McQuilkm of JM Associates, Inc , were present Ms McKay stated that at the last meeting the Commission requested a few minor changes including pavement infiltrator calculation/storage volumes Revised plans have been submitted as requested Mr Lynch stated that the volume of water would always be a problem on the site but that the applicant has proposed the best BMP for the site A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Ms Feltovrc Mr McDonough opposed Vote 4 to 1 Motion passed 242-1367, 31 Court Street(Castricone)(Arrow Environmental, LLC)(Giles Surveying)(cont. from 8/23/06) The applicants Mr &Mrs Castricone were present Ms McKay stated that at the last meeting the Commission discussed alternatives and recommendations for the proposed project in order to minimize and mitigate impacts Revised plans were submitted incorporating these changes and alternatives Mr Lynch stated that the addition located on the side of the pool would be cantilevered and that the removal of fill was also positive towards mitigating impact Mr Mabon stated that in addition, the applicant would be willing to restore the entire 25-foot No-Disturbance as part of mitigation A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Mr Mabon Mr McDonough abstained Vote 5-0-1 Mr. Albert Manzi left the meeting at 9:30 P. M. 242-1368, 115 Peachtree Lane (Kamieneski)(Arrow Environmental,LLC)(Giles Surveying) cont, from 8/23/06) The applicant, Scott Kamieneski, and abutters Kathern Holly of 98 Rea Street and Scott Shilling of 96 Rea Street were present Ms McKay stated that at the last meeting, the Commission raised concern with the proposed work being located within the existing drainage easement and whether the Town or a Homeowners Association would be responsible for the maintenance of the drainage system. She indicated that she had received a copy of a letter that was sent to the applicant from the Developers attorney that stated that they were of the opinion that accordance with section 2 02 of the restrictive covenants; the applicant would be required to obtain the written approval of the developer prior to the construction of the project In addition, she indicated that she and Mark West of West Environmental met on the site to review the wetland line delineation on behalf on Northpoint Realty Trust West Environmental submitted a wetland delineation boundary report including a plant community analysis dated September 13th Mark 4 Wests report indicated that although hydric soils were found upgradient to the new flag A6, 55 5% of the dominant plants were upland species and therefore not a jurisdictional wetland where 50% or more plant species need to be wet Ms McKay stated that they did agree that the upland plant community might die back over time, creating a jurisdictional wetland area in upgradient locations From a regulation standpoint using the three-parameter approach for jurisdictional wetland determinations and with the report submitted by West Environmental, Ms McKay stated that she is in agreement with the final determination Mr Lynch stated that the developer should submit an interim as-built plan to address any drainage concerns with Chestnut Street and the functionality of the pocket wetland Ms Holly stated that the Townhouse association was concerned about the force sewer main running within the easement Mr Kamieneski stated that he was changing the plans to make a smaller sports court outside of the drainage easement closer to the house with a fence only and no lighting A motion to continue to the September 27th meeting for revised plans was made by Mr McDonough, seconded by Ms Feltovic Unanimous 242-1369, 1.25 Lancaster Road (Sklar)(Marchionda)(Cont. from 8/23/06) No one was present Ms McKay stated that at the last meeting the Commission requested that the proposed erosion control line be revised to reflect a more suitable location for construction access purposes and an indication of the direction of pool backwash flows Revised plans have been submitted with the requested items A motion to close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous Open Space Acceptance-Berrington Place- (cont. from 8/23/06) (cont. to 9/27/06) Small Project Review NACC # 20, 7 Wildrose Drive Ms Merrill stated that the filing was for the construction of a proposed 12' x 16' freestanding deck of 192 square feet She indicated that the deck was proposed to be freestanding as the existing bulkhead for the cellar access was in the way for it to be attached to the existing SFH She also indicated that the 8 sonotubes proposed for construction would be hand dug Mr McDonough agreed that a freestanding deck would fall under a small project under 4 4K Conditions for approval would a pre-construction meeting, installation of erosion controls and a post-construction meeting A motion to ratify that small project under NACC #20 was made by Mr Lynch, seconded by Mr Mabon Unanimous Enforcement Order Ratification Weir Hill-Trust of Reservation Ms Merrill stated that erosion the concern on the blue trail at Weir Hill The Trustees are proposing 3 12' sections of replacement boardwalk across this trail the ground wants and that the work would be completed in one day A motion to ratify the Enforcement Order as drafted was made by Mr McDonough, seconded by Ms Feltovic Unanimous 193 Berry Street Ms Merrill explained that there had been a diesel spill in the yard A truck had leaked the fuel all over the street to the Car Dealership DEP was on site with an LSP to discuss clean up of contaminated soils The soils would be removed and clean loam would be brought in and seeded to prevent any erosion on the site Mr McDonough requested that the EO be used to the responsible parties (the Car dealership and the homeowner) with copies sent to DEP and the LPS A motion to ratify the Enforcement Order as amended was made by Ms Feltovic, seconded by Mr Mabon Unanimous 5 Lorraine Avenue Ms Merrill stated that Peter Breen was the owner of the property He rented the house out to a tenant She stated that there was about a half acre of fill dumped on the site plus a failing septic system Numerous trees were also cut down The applicant hired The Neve-Monn Group, Inc , to start fixing the violation She said that that applicant was looking to establish a Christmas Tree Farm on the site A restoration report was to be submitted by September 22, 2006 with stabilization to be completed by October. A motion to ratify the Enforcement Order as drafted was made by Ms. Feltovic, seconded by Mr Mabon Unanimous 44 Mill Road Ms Merrill stated that an amended Enforcement Order was issued for the work on lower part of the driveway, installation of erosion controls and to complete work by September 22, 2006 The Town Engineer and the Conservation Department would inspect the work upon completion The applicant would submit paper work for a COC by October 4, 2006 A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Mabon Unanimous. Wetland Rei=ulations Revisions-Application Checklists/Other (cont. from 8/23/06) Mr McDonough stated that he had a concern with how K was handled under the small projects provision and indicated that it would be worthwhile to review certain points in the procedures for better clarity He said he would like more time for this review The Commission indicated that a legal notice should be posted for such discussion A motion to continue to September 271" was made by Mr Lynch, seconded by Ms Feltovic Unanimous Decisions 242-1354, 10 Inglewood Street(Xenakis)(Seekamy Environmental Consulting, Inc.) Ms McKay stated that conditions included a bond amount of$3,000, the deck to be cantilevered, no soil stockpiling and materials to be trucked off site and disposed of properly, no snow stockpiling and snow to be trucked out and disposed of properly, an interim as-built plan, staking of the foundation corners, referencing the variance issue by Zoning Board of Appeals, no footings to be placed in the ground for the deck, infiltration for the driveway and stone apron to be maintained in perpetuity of the property A motion to accept the Order of Conditions as drafted was made by Mr Mabon, seconded by Mr McDonough 4 to 1 Vote 242-1369, 125 Lancaster Road, (Sklar)(Marchionda & Associates, L. P.) Ms McKay stated that conditions would include a bond amount of$2,000 and boilerplate conditions for a pool A motion to accept the Order of Conditions as drafted was made by Mr Mabon, seconded by Mr Lynch Unanimous A motion to adjourn the meeting at 11:35 P. M. was made by Mr. Mabon, seconded by Ms. Feltovic. Unanimous. r l 6