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Home My WebLink About2006-10-11 Conservation Commission Minutes Conservation Commission Meeting Minutes October 11,2006 Members Present: Scott L Masse, Chairman, Joseph W Lynch, Jr, John J Mabon, Deborah A Feltovic, Sean F McDonough, Louis A Napoli Member Absent: Albert P Manzi, Jr , Vice Chairman Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:15 P. M. Quorum Present. Sean F. McDonough arrived at the meeting at: 7:20 P. M. Pledge of Allegiance General Business Trials & Open Space Rules & Regulations Subcommittee Mr Masse stated at the last meeting the Conservation Commission voted to set up a subcommittee for hunting review of Half Mile Hill, Half Mile Hill Summit, and Sunny Hill Ridge Mr Mabon stated Mr Manzi and I met with the three abutters, which are present, tonight a judgment by Subcommittee with much discussion with the abutters we decided to prohibit hunting on these three parcels Mr Lynch stated a lot the public use these parcels for activities high school cross-country team uses these parcels for training Mr Masse stated this will be heard again at 8 00 P M Public Hearings 242-1322, COC Request,246 Candlestick Road (Young)(Neve-Morin Group,Inc.)(cont. from 9/27/06) The applicants Mr & Mrs Young were present Ms Merrill stated during the September 13, 2006 meeting discussions regarding the encroachment into the newly created 25-foot No- Disturbance zone by a chain link fence by 5-feet Consequently, reducing the buffer zone enhancement area by 184 s f Since that meeting, the applicants have moved this section of the fence to the 25-foot No-Disturbance zone and have added additional plantings in order to comply 6 1 mitigation ratio required under the Order of Conditions We have gained about 6 4 mitigation ratio for the area The site is very stable no erosion on the site A motion to issue the partial bond release the amount of$ 4,500 leaving $500 plus interest was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1257, COC Request, 284 Salem Street(Palmer)(McKenzie Engineering Group, Inc.) The applicant Mr David Palmer was present Ms Merrill stated Order of Conditions was issued in July of 2004 for widening of the existing driveway, installation of a stormwater infiltration system, deck walkway, retaining wall with associated grading and landscaping within the Buffer Zone to a Bordering Vegetated Wetland The applicant also offered to create a Buffer Zone enhancement area along the edge of the Bordering Vegetated Wetland and within the 25-foot 1 No-Disturbance zone These plantings were planted upon the commencement of work All work approved under the Order has been completed to date As-Built plan is consistent with the proposed plan except the modifications that were approved by the North Andover Conservation Commission at the September 27, 2006 meeting The final monitoring report relative to the Buffer Zone enhancement area was submitted and states that plantings are flourishing and have met the performance standards set forth in the Order The wetland markers were installed A motion to issue the COC and release the bond was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1304, COC Request,245-255 Marbleridge Road(Barrett)(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 July of 2005 for construction of two single-family dwellings within the Buffer Zone to a Bordering Vegetated Wetland and within the Lake Cochichewick watershed The applicant retained Epsilon Associates, Inc as the Environmental Monitor and reports were submitted throughout construction All disturbed areas are very stable with no sign of erosion The wetland markers were installed along the shrub line that depicts the Planning Board' s 75-foot Conservation zone I informed that the erosion controls could be removed Mr Lynch stated I remember the infiltrator would have to monitor yearly for perpetuity of the property because the Ridgewood Cemetery Association they have had flooding in the past The engineer would have to submit a written report that the infiltrator is working correctly not causing any flooding Condition# 54 A motion to continue to October 25, 2006 meeting was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-784, PCOC Request, 84 Thistle Road (Lot 39C)(North Andover Land Corporation)(New England Engineering Services, Inc.) Andy Lambert of New England Engineering Services, Inc was present Ms Merrill stated North Andover Land Corporation, is seeking a PCOC for Lot 39C, 84 Thistle Road The lot also contains a Jurisdictional Bordering Vegetated Wetland in the rear of the property All disturbed areas were well stable against any erosion In-field measurements were consistent with the as built and the most recent plans The erosion controls were previously removed A motion to issue PCOC for Lot 39C, 84 Thistle Road only was made by Ms Feltovic, seconded by Mr Lynch Unanimous Enforcement Order Ratification Salem Street-Red Gate Pastures Ms McKay stated at the last meeting Pam issued an enforcement order to stop dewatering catch basin build up with siltation A Neighbor called about 4 inches of silt build-up in the catch basin I went out to the site there was a lot silt build up I issued the Enforcement Order on Tuesday of this week for the applicant Dean Chongris pick up the Enforcement Order fine $ 100 dollars a day until all the silt has been cleaned up The majority of the work was completed but I went out today and there needs to be more clean up in the area A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Ms Feltovic Unanimous 2 Pamela A. Merrill left the meeting at: 7:55 P. M. Recess 5 minutes Public Hearings: 8:00 P. M. Trails & Open Space Rules & Regulations Subcommittee Mr Masse stated this would have to be advertised in Eagle Tribune legal notice for next meeting October 25, 2006 advertisement would have to list the parcels of the property, Half Mile Hill, Half Mile Hill Summit, Sunny Hill Ridge This property was mostly deer hunting bow-hunting October, shooting November to December, Massachusetts Wildlife sets the dates to hunt Mr Lynch stated there is two weeks before next meeting the Property would have to be marked No- Hunting before our next meeting Ms McKay stated I would probably notify the Police Department A motion to continue to October 25, 2006 meeting with legal notice in the Eagle Tribune was made by Mr Mabon, seconded by Mr McDonough Request for Determination of Applicability 1072 Johnson Street(Soucy)(Merrimack Engineering) The applicant Linda Soucy and John Murphy of Merrimack Engineering Services, Inc were present Mr McDonough read the legal notice Ms McKay stated the applicant has filed RDA to demo the existing carport, in order to construct a single-stall garage with a frost wall The existing slab floor will be removed and brought up to the building code This will be completed within the same footprint as the carport Additionally, the applicant is proposing to construct a 5' x 9' addition along the front facade of the house However that work is proposed outside of the 100-foot Buffer Zone The erosion controls are proposed as close to the work as possible Any soils material will be stockpiled within the limits of the driveway, also outside I00-foot Buffer Zone A motion to issue Negative Determination with pre-construction and post-construction conditions was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1362, Mosquito Brook Drainage Improvements-Winter Street, Foster Street, Lost Pond Lane, Private Lane (DPW)(VHB) The applicant Eugene Willis Town Engineer of the Department of Public Works, Gene Crouch of VHB, and Paul Carter of VHB were present Ms McKay stated at the last meeting, VHB explained the modifications were being made to the project, which reflects the relocation of the proposed culvert at Lost Pond Lane to be outside of the FEMA floodway As a result, the Commission requested that revised information be forwarded to Eggleston Environmental for outside review Eggleston Environmental has submitted a review of these changes, which states that she is satisfied that the relocation of the proposed culvert would not have deleterious effect on either the effectiveness of the overall project or on the wetland resources impacted by it I have no further concerns with the proposed changes as well If no further concerns, I would recommend that the Commission close and issue a decision with conditions A motion to close and issue a decision within 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous 3 i i 242-1357, 0 Worth Main Street (Downer Brothers Landscaping)(New England Engineering Services, Inc.)(cont. from 9/13/06) Andy Lambert of New England Engineering Services, Inc , Dom Scalise a Lawyer for Abutter Mr Rosario Finnocchiaro were present Ms McKay stated last Friday the Engineer and Dom Scalise and myself sat down to discuss the revised plans The question as to whether the lot is actually build able or not is still major concern to both Dom Scalise and myself and what, if any zoning variances would be needed Therefore, it was strongly reiterated that the engineer communicates with the building department before progressing much further with the project review At a;previous meeting, the Commission/GLSD questioned the associated vegetative management of the easement area Still is a question not answered to date? DEP Comments Confirm that sw design complies with standards in DEP Storm Water Policy Mr Lynch stated wait setting up escrow account see they can build on higher land Mr McDonough alot of the projects come to Conservation Commission first before they get all the permits from other Boards in the Town of North Andover the Commission could deny this project just for that factor A motion to continue to November 15, 2006 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1371, 140 Marian Drive (Tilley)(Merrimack Engineering Services, Inc.) The applicants Mr & Mrs Tilley and William Dufresne of Merrimack Engineering Services, Inc were present Mr McDonough read the legal notice Ms McKay stated the filing is for the constructions of a subsurface sewage disposal system and associated grading within the Buffer Zone to a Bordering Vegetated Wetland The septic system will be located 56' from the wetland resource area at its closest point The associated tanks are located within 50-foot No-Build zone at 29' & 34'1 from wetland resource area at its closest point Constructions of septic systems are prohibited within the 50-foot No-Build zone section 3 4 The applicant has submitted a waiver in this regard The waiver states that the single-family dwelling is pre-existing of approximately 25 years with minimal upland space No alternative analysis submitted based upon a no alternative Recommendation a continuance until health and DEP complete review Mr Mabon stated submit an alternative analysis for the project A motion to continue to October 25, 2006 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1372, 1475 Turnpike Street (Wiliiams)(Merrimack Engineering Services, Inc.) William Dufresne of Merrimack Engineering Services, Inc was present Ms Feltovic read the legal notice Ms McKay the filing is for the construction of a subsurface sewage disposal system and associated grading within the Buffer Zone to a Bordering Vegetated Wetland The system and associated tank are proposed within the 50-foot No-Build zone There is no other alternative location far the system since the lot is surrounded by wetlands on three sides No alternative analysis submitted based upon a no alternative Filing still under review health department and DEP A motion to continue to October 25, 2006 meeting was made by Ms Feltovic, seconded by Mr Mabon jUnanimous 242-1373, 1174 Turnpike Street(Finley)(New England Engineering Services,Inc.) The applicant Mr James Finley and Andy Lambert of New England Engineering Services, Inc , and Abutter iThomas Lightly on Johnson Street were present Ms Feltovic read the legal notice The filing is�for construction of single-family dwelling and driveway with associated 4 1 . � I appurtenances within the Buffer Zone to a Bordering Vegetated Wetland The construction of the single-family dwelling is proposed on what appears to be a newly created lot and as discussed with Town Planner may not be allowed unless proof of the creation of the lot was submitted to the building idepartment Mr McDonough stated would require an alternative analysis for the driveway Ms McKay stated they might require special permit from the Planning Board Mr Masse stated the applicant can due a withdrawal or we can close and issue a decision within 21 days that would be,a denial on this filing The applicant Andy Lambert requested to take the withdrawal Mr Masse we can do a waiver on local filing fees but you would have repay the DEP for another filing You should check with the building department if this is feasible project in the Town iof North Andover A motion to accept the withdrawal was made by Mr Lynch, seconded byl Ms Feltovic 4 to 1 vote Mr McDonough did not agree on the vote Wetland Regulations Revisions-Application Checklist/Small Proiect Procedures (coat. from 9/27/06) A motion to accept the small project checklist was made by Mr McDonough, seconded by Ms Feltovic Unanimous The small project procedures D & E 4 4, 4 weeks to modify the project Mr Masse stated the Conservation Commission should raise the filing fee for small project filing fee to $200 00 Mr McDonough we have not had many small project filings coming we can wait an see how many start coming in then the Commission would talk about raising the filing fee A motion to accept the small protect as amended was made by Mr McDonough, seconded by Ms Feltovic Unanimous I Decision 242-1368, 115 Peachtree Lane, (Kamieneski)(Arrow Environmental, LLC)(Giles Surveying) Ms McKay'stated the bond amount set at $500, condition# 31 the wetland flags which were approved unlder this filing, condition#49 all construction would be outside of drainage easement, any other improvements would require a modification from Conservation Commission A motion to accept the Order of Conditions as amended was made by Mr Lynch, seconded bye Ms Feltovic Unanimous A motion to adjourn the meeting at: 9:15 P. M.was made by Ms. Feltovic, seconded by Mr. Lynch. Unanimous. I i I 5