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HomeMy WebLinkAbout2006-10-25 Conservation Commission Minutes - i � ® QD Conservation Commission Meeting Minutes October 25, 2006 Member Pres I ent: Scott L Masse, Chairman, Albert P Manzi, Jr, Vice Chairman, Joseph W Lynch, Jr, John J Mabon, Deborah A Feltovic, Sean F McDonough, Louis A Napoli Staff Members Present: Alison E McKay, Conservation Administrator and Donna M. Wedge, 1 Conservation :Secretary i Staff Member Absent: Pamela A Merrill, Conservation Associate Meeting came to Order at 7: 06 P. M. Quorum Present. Pledge of Allegiance General Busi I ness Enforcement!Order Ratification Eagle Scout Project at Weir Hill Ms McKay stated ated that an Enforcement Order was prepared for an Eagle Scout project for Boardwalk and footbndg6 repairs at Weir Hill Reservation Work would fall within the Buffer Zone to resource areas Mr Sa�anno, the father of the Eagle Scout, was present Ms McKay discussed her conditions with the Commission The Commission recommended not issuing a specific time frame for completion A motion to ratify the Enforcement Order as amended was made by Mr Manzi, seconded by Mr Lynch; Unanimous 1 127 Bridle Pal th Ms McKay stated that the Enforcement Order was issued for the installation of a foundation drain to connect to existing PVC pipe to stop flooding near the foundation of the existing house The enforcement order would expire on November 20, 2006 A pre-construction inspection, installation of erosion controls, and stabilization upon completion were required A motion to ratify the Enforcement Order was md I de by Mr Lynch, seconded by Ms Feltovic Unanimous 1 242-1304, COC Request, 245-255 Marbleridge Road (Barrett)(New England Engineering Services, Inc)(cont. from 10/11/06) No one was present Ms McKay stated at the last meeting Mr Lynch requested that the applicant submit a letter stating the infiltrators had been inspected and were functioning properly. Ben Osgood, Jr submitted a statement dated October 18, 2006 indicating that the infiltrators were inspected during and after construction truction and were working as designed A motion to issue the COC and release the bond contingent upon the removal of the erosion controls was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-443, PCOC Request, 84 Thistle Road (Lot 39C)(Dalton & Finegold, LLP)(Abbott Street, Trust Benoarnin C. Osgood,Trustee) No one was present Ms McKay stated that the applicant Dalton& Finegold, LLP, was seeking a PCOC for Lot 39C, 84 Thistle Road Abbott Village No work was done under this Order because it was superced6d by 242-784 Mr Manzi stated that the wrong boxes were checked on the form The Commission was confused as to whether the applicant was seeking a Partial COC or a full COC i because of this Mr Masse requested that the lawyer resubmit the COC request with the correct lot number and the correct boxes checked A motion to continue to November 1, 2006 meeting was made by Mr Manzi! seconded by Ms Feltovic Unanimous i i 242-1191, COC Request, 44 Abbott Street (Lot 2)(Dunap-an)(MHF Design Consultants, Inc.) The applicant; Julie Dunagan was present Ms McKay stated that the Order of Conditions was issued in April of 2003 for the construction of an inground pool with a deck, placement of a shed and a fence within the Buffer Zone to a BVW She stated that the as-built plan and statement from MHF identified the left rear corner of the shed encroaching into the 50-foot No-Build zone by 1 8' The shed was installed mline with the fence and patio This encroachment was due to the angular layout of both the property line and wetland boundary The applicant had requested a modification for this discrepancy Ms McKay stated that in speaking with the homeowner, moving the shed 2-feet towards the house would cause the fence to be relocated and would also cause a safety issue as it would overhang onto the patio TheI applicant was also seeking a COC The as-built plan was consistent with the approved plan except for the shed location The Order required weekly reports to be submitted by an Environmental Monitor Ms McKay stated that there were no reports found in the file She indicated that the property had a flat topography and was well stabilized Erosion controls were removed in 2003 authorized by;the department Mr Masse indicated that the applicant had to move the fence and shed Ms DunaganIrequested direction Mr McDonough stated that the fence and the shed needed to be located outside of the 50-Feet No-Build zone Mr Masse stated the Conservation Commission would have to act on the no monitoring reports A motion to waive the requirement of weekly monitoring reports was made by Mr Manzi, seconded by Mr Lynch Unanimous Ms Dunagan withdrew the request for the modification and COC without prejudice Ms Dunagan asked how she should go about continuing work on the property with an expired order Mr Manzi stated that the Commission would allow the work to be conducted under the issuance of an Enforcement Order 242-1186, Partial Bond Release, Peachtree Farms (Northpoint Development, LLC.)(West Environmental, Inc.) No Quorum present. No action taken Continued to November 1, 2006 meeting i Draft Conservation Restriction-Cullen Property (cont. from 10/11/06) Ms McKay stated that Town Counsel was still working with the State on the draft A motion to continue to the November 1, 2006 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous I i No Recess Public Hearings: 8:00 P. M. Notice of Intent (s) 242-1208, Foster Farm Elementary School (North Andover Building Committee)(DiNisco Design) (cont. from 8/23/06) No one was present A motion to continue to the November 1, 2006 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 2 1 i I Trails & Open Space Rules & Regulations-Hunting only at Half Mile Hill, Half Mile Hill Summit, and Sunny Hill Ridge Mr McDonough read the legal notice Mr Masse stated that the legal notice was not in fact for the purposes jurisdictional under the WPA or the local Wetlands bylaw He stated that the public hearing was for the purposes of discussing hunting at Half Mile Hill, Half Mile Hill Summit, and Sunny Hill Ridge only and no other hunting areas within North Andover He also stated that the meeting was being held jointly with as Conservation Commission and the Open Space Committee representatives Mr Manzi and Mr Mabon were delegated as the special subcommittee on the matter to review concerns Mr I Manzi that he and Mr Mabon met concerned citizens at the site and had determined that the sites off concern were different from other sites where hunting is allowed (less wooded, more open fields, pre-school nearby) He also stated that the area in which hunting could take place is small For these reasons he stated that it may not make sense to allow hunting on these particular properties However, he stated that any decision made would be a difficult one. Mr Mabon agreed that there are conflicting uses on the parcels and that these areas were unique to the other parcels in town in which hunting is allo wed He indicated that a balance would be difficult and the result would not be able to satisfy everyone Mr Napoli spoke that he was not a hunter but indicated that he knew a lot of people having bad deer browse and eating up the vegetation on their property He also said he spoke with someone who indicated that deer ticks were very rampant and a concern for an increase in Lyme disease He suggested the Commission look at other options as a means for deer management such as a lottery for bow hunting only Mr Manzi indicated that this was not bad idea to only allow bow hunting on the properties Mr Lynch also agreed that bow hunting only would be a good option for a management tool, since he did agree that Lyme disease seemed to be an increasing problem Ms Feltovic and Mr McDonough stated that they concurred with what was expressed Mr Manzi stated the Commission would now hear testimony from North Andover residents Nancy Melia of 523 Osgood Street said that she was not in favor of allowing hunting on these parcels She felt that the deer population has been reduced and not as much of a problem i Sylvia Stevensen asked if the Commission would be making a decision Mr Manzi stated that they were fact findiing now and then they would be able to make a decision William Smith of South Bradford Street stated that he was a hunter and bow hunting in this area would be fine He stated that he used to work for DPW and they were picking up deer everywhere in Town He stated that sometimes he would have to call the police department to shoot the deer because it was not totally dead Domenic Kalil of 103 Lancaster Road stated that bow hunting was not a problem He stated that he wanted to be able to hunt in North Andover, but understood the safety concerns of the hunters as well as other recreational users He stated that Essex County Green Belt required hunters to put a tree stands on their properties However, he felt that tree stands were dangerous because if a hunter were to fall asleep, they hunter could fall out of the tree This could be very dangerous practice for Essex County Green(Belt to require He also indicated that he would sometimes go out and not come back with a deer He stated that there is a need to be control the deer in this area and that bow hunting should be allowed on these parcels He asked the Commission to consider options He indicated that the Trustee of;Reservations on Weir Hill conducts a lottery and that some towns have initiated additional fees that hunters might even be willing to pay i i i 3 i I i I Susan Walsh of 575 Edgewood Drive (bottom of Osgood Hill) said she had lived there for 36 years Ms Walsh questioned the legality of the meetings held in February Mr Manzi stated that there were postings and it was televised, so this was legally done Ms Walsh said that when she takes walks there are fewer herds of deer She thought the coyotes were getting them She said that her brothers was a hunter and did not mind hunting but not on these parcels with many other recreational users Mr Manzi stated that now testimony could be heard for non-residents I I Brian Bufagna of 8 Fernwood Drive,Newton, N H , stated that he started hunting on Osgood Hill last year He said he passes through the right of way by Ms Walsh's house He said he also delivers mail in Town He stated that Ms Walsh called the Reading post office complaining of me hunting with my mail truck He stated that this was not true when he delivered mail He also stated that he checked to see if could see any deer at one time and noticed about 20 deer in the stable were she keeps her horses. Mr Bufagna submitted packets of information for the Commission to review He was of the opinion that the deer needed to be managed for lyme disease and that Bow Hunting should be allowed on the properties He�indicated that hunters are being pushed out of many areas now Michael Davidowic was present with his 15 years old nephew (of Crestin Farm in Bradford MA) He stated that he sees many deer at Kitteridge Farm on Academy Road in North Andover from August to September when he is haying the fields John Cyr of the Department of Public Works had given him permission to hay the Half Mile Hill field, so is well aware of the deer on the property He agreed that there that bow,hunting should be allowed since he has observed increased deer browse on the vegetation and an increase in erosion as a result Steven Sardell,a of Haverhill MA stated that he felt bow hunting should also be allowed to control the herds of deer �He stated that he has had about 90 hunting licenses during his day He stated that hunters are required to wear orange colored clothing He also stated that he has hunted in many states and that there has never been any problem with any one getting hurt by hunters as hunters as required to go through training before getting a Hunting License He stated that he has been hunting on the property for 45 years with the permission from the owners and the farmers of the land before the Edgewood Retirement Community was built Williams Smith of South Bradford Street said that when he worked for the DPW up to 20 to 30 deer would be hit bly vehicles in the Town every year He requested that the Commission not vote to remove hunting from these three parcels because they need to control the herds of deer in this area I Brian Bufagna stated that Article 97 prohibits banning of hunting on Town owned Open Space properties acquired through state funding The Commission stated that they were not familiar with this article and would look into it Mr Manzi stated the Commission would need to refer to Town Counsel prior to making a decision to make a fair decision They did agree that the temporary ban on hunting at these properties were still in effect A motion to continue to the November 1, 2006 meeting for further review was made by Mr Manzi, second led by Mr Mahon Mr McDonough opposed to the vote Vote 6-1-0 I I I 4 I I 242-1371, 140 Marian Drive (Tilley)(Merrimack Engineering Services, Inc.)(cont. from 10/11/06) William Dufresne of Merrimack Engineering Services, Inc was present Ms McKay stated that at the last meeting the Commission requested an alternative analysis to the location of the septic tank and pump tank, which were within the 50' at 29' & 34' from the resource area An alternative analysis was submitted stating the following reasons 1 If tank were moved outside of the 50' no-build zone, they would not have the depth, which would not comply with Title 5 or the North Andover Board of Health Regulations Furthermore, the depth of the tanks would prohibit reasonable access and the ability to properly maintain the systems 2 There were no areas on the site in which the tank could be located due to the geometry of the lot and the presence of wetlands Ms McKay said that she spoke with the Health Department the project is still being reviewed by Health consultant A motion to close and issue a decision within 21 day was made by Ms Feltovic, seconded by Mr Lynch Mr Manzi abstained Vote 6-0-1 242-1372, 1475 Turnpike Street (Williams)(Merrimack Engineering Services, Inc.)(cont. from 10/11/06) The applicants, Mr George Williams and Denise Smith, and William Dufresne of Merrimack Engineering Services, Inc were present Ms McKay stated that at the last meeting the Commission requested an alternative analysis for the system and tank proposed within the 50' (at 36' 30' & 28' from the resource area) An alternative analysis was submitted stating the following reasons 1 There was no other location on the site for the system and associated tanks since the lot is surrounded by wetlands on three sides A letter was submitted by the estate of the property requesting an expedited decision so that construction of the system can be completed this year before the final cut off date for septic installations Ms McKay indicated that she spoke with the Health Department and the project is still under review by the Health Consultant A motion to close and issue a decision within 21 days was made by Mr Mabon, seconded by Ms Feltovic Mr Manzi abstained Vote 6-0-1 242-1374, 60 Willow Street (Rohm & Haas Electric Materials, LLO(Merrimack Engineering Services, Inc) John Murphy of Merrimack Engineering Services, Inc was present Mr Mabon read the legal notice Ms McKay stated that the filing was for the reconstruction and upgrade of an existing parking lot and associated stormwater drainage structures within the Buffer Zone to a BVW and IVW Specifically, work included the removal of an existing pavement, driveway and parking areas, curbing and other pedestrian improvements, the construction of a retaining wall, the reconstruction of the roadway and driveway subgrades, repaving of the site, providing the dumpster pad and delivery loading dock facilities and removal of portions of the chain link fence to be replaced with additional fencing No expansion of the existing pavement or utilities within the buffer zone is proposed Ms McKay stated that the project was necessary as pavement surfaces continues to deteriorate after every winter interval due to ponding and icing during runoff periods The wetlands surrounding and immediately adjacent to the site were found to be at an elevation higher than the parking lot itself Therefore, as the wetland receives runoff allowing it to infiltrate and saturate the gravel subgrade beneath the pavement causing movement and deterioration of the pavement surface A waiver request for the work was submitted with the application She stated that there appears to be no alternative or mitigation available to accommodate the existing conditions Stormwater management forms were also submitted indicating that the project was a redevelopment project and therefore meets stormwater standards #1,2,5,7,8,and 9 Other storm water standards were not met whereas since the developed site didn't have any pollution mitigation previously, the proposed redevelopment project would not treat stormwater prior to discharge Ms McKay stated that the proposed erosion controls were not shown to protect the B series resource area and recommended extending them from flag 3 1 A to beyond the B series resource area A detail sheet was provided for the erosion controls, the retaining walls, the dumpster enclosure, the I i 5 i sidewalk, the driveway, and pavement area, the cape cod berm, and the proposed curbing Norse Environmental Services delineated the resource area boundaries in May of 2006 The resource areas were reviewed, but would need a second review with the consultant The wetland reports submitted by Norse indicated that both wetlands contain ponded areas and may or may not be classified as Land Subject to Flooding Ms McKay stated that these areas were indeed ponds and in accordance with previous record plans These ponds are being used by abundant amphibian life Mr Murphy stated that the parking lot would be raised by 2-feet Because of this, landscaping by the walkway would have to torn up and replaced Mr Mahon asked if work would occur right up to building at a higher elevation and if the doors would be able to open Mr Murphy stated that they had thought about that and it should be fine Mr Lynch stated that the area could likely be within Land Subject to Flooding and should be determined The Commission questioned the method of repavement Mr Murphy stated that there would be no excavation of any material off site and no stockpiling area needed Mr Lynch stated that the Conservation Commission should condition the construction method of the parking lot A(motion to continue to the November 15, 2006 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous I Decision i 242-1362, Winter Street, Foster Street, Lost Pond Lane, Private Lane (DPW)(VHB) Abutters of 575 Winter Street were present They asked if berm was still being installed Ms McKay stated that the iapplicant had removed the berm installation, as it could not be permitted as proposed under the state and local regulations Ms McKay stated that the Order would include but not limited to the following conditions a$10,000 bond, environmental monitoring and reports, include FEMA and Army Corps of Engineers information/comments, Eggleston Environmental comments, Town of Boxford comments,jute mating for slope stabilization, and limiting work between July 1 to September 1 only A motion to accept the Order of Conditions as drafted was made by Mr Lynch, seconded by Ms Feltovic Unanimous i A motion to adjourn the meeting at 10:15 P. M. was made by Mr. Manzi, seconded by Ms. Feltovic. Unanimous. I I I i i I i I i 6 i