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HomeMy WebLinkAbout2007-01-24 Conservation Commission Minutes Conservation Commission Meeting Minutes January 24, 2007 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, 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 242-1254,Extension Request, 2192 Turnpike Street (Conroy)(New England Engineering Services,Inc.) No one was present Ms Merrill stated the Order of Conditions was issued for construction of an addition to an existing single-family dwelling, retaining wall, and extension of the existing driveway and installation of stormwater structures within the Buffer Zone to a Bordering Vegetated Wetland The Order would expire in June of 2007 To, date there has been no work that has commenced on site The wetland flags were located in the field and the wetland line appears to be consistent with that original approved under the Order A motion to issue 1-year extension till June 18, 2008 was made by Ms Feltovic, seconded by Mr Mabon 5 to 2 vote Mr McDonough abstained from voting and Mr Manzi abstained from voting 242-1332, Wood Ave, Academy Rd, Forest St,Water Main (Town of North Andover DPW)(Weston & Sampson) Tara McManus of Weston& Sampson Engineers, Inc, and James F Finegan, P E of Weston& Sampson Engineers, Inc was present Ms Merrill stated the Order of Conditions was issued in October of 2005 for the installation of several water mains within the above-mentioned roadways and within the Buffer Zone to a Bordering Vegetated Wetland Weston& Sampson Engineers, Inc was retained as the project's Environmental Monitor and had submitted reports throughout construction The erosion controls were immediately removed immediately following paving Mr Napoli is this final paving Ms Merrill stated yes Mr Lynch stated didn't this filing have culvert crossing Ms McManus states yes on Academy Road but everything went very good no problems A motion to issue the COC and release the bond was made by Mr Mabon, seconded by Ms Feltovic Unanimous Discussion The Conservation Commission Members attended the Zoning Board of Appeals meeting on January 23, 2007 for the continued filing of Merrimac Condo. Members Present: Scott L. Masse, Chairman, and Joseph W. Lynch,Jr. and Louis A. Napoli. Mr Masse stated this was very appreciated of the Zoning Board of Appeals inviting us to there meeting to get the Conservation Commission comments about the project Mr Masse stated he 1 appointed Mr Lynch and Mr Napoli and Ms McKay to coordinate the next meeting with the Zoning Board of Appeals Mr Lynch in the future the applicant would have file Notice of Intent with Conservation Commission the applicant might have the thru Natural Heritage because of the certified vernal pools and threaten species The applicant did not want to re-file with the Conservation Commission right now Mr Lynch stated co-siding the two Bylaws is very good progress within the Town of North Andover Mr. Masse stated Mr. Mabon would be stepping down from being member of the Community Preservation Committee. Ms. Feltovic would be taking over as a member for the Conservation Commission by becoming a member of the Community Preservation Committee. A motion to accept the stepping down of Mr Mabon as a member of the Community Preservation Committee was made by Mr Lynch, seconded by Mr Napoli A motion to accept Ms Feltovic member of the Conservation Commission as a new member of Community Preservation Committee was made by Mr Lynch, seconded by Mr Napoli Unanimous Minutes A motion to approve the minutes of November 29, 2006 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous Pamela A. Merrill, Conservation Associate left the meeting at: 7:25 P. M. Recess for 35 minutes Public Hearings: 8:00 P. M. Wetlands Regulation Revisions-Small Projects Mr McDonough stated this is for removing 4 4 2D for septic replacement from the small project list Mr Masse stated at the last meeting Ms Merrill stated there is alot ground disturbance with replacing septic systems then there is replacing decks The applicants would file RDA depending how far the project from the resource area Mr McDonough stated reading the state not very clear how they handle septic system Mr Lynch read the MACC handbook the state 400-feet away lakes, 200-feet from rivers, streams, 100-feet buffer zone and could as close as 50-feet away from resource areas Mr Manzi stated as long as the septic system is outside of the 25-foot No-Disturbance zone and the 50-foot No-Build I am fine with this stay as a small project Mr McDonough stated the Board of Health has the applicant hire wetland scientist to flag the wetlands have plans submitted to the director of the Board of Health Bylaw has 100-foot and 75- foot Buffer Zone Mr James Lafond stated the small projects was for streamlining projects so applicants would not spend hundreds of dollars for a septic replacement and sewer connections easy for applicants not to go thru all these Boards Mr Hochmuth stated the state even protects the Isolated Vegetated Wetlands A motion to amend to remove small project for septic replacement 4 4 2D from the small project list was made by Mr McDonough, seconded by Mr Lynch 6 to 1 vote Mr Manzi opposed the vote 2 Abbreviated Notice of Resource Area Delineation 242-1380, 12 Bonny Lane (Bonny Realty Trust) (The Neve-Morin Group, Inc.)(cont. from 1/10/07) Greg Hochmuth of The Neve-Morin Group, Inc was present Ms McKay stated the abutter granted permission to review resource area on the adjacent lot The Wetland flags 4 though 13 reviewed and approved Isolated resource area greater the 1,000 s f local jurisdictional, greater than 5,000 s f may be federally jurisdictional with the Army Corp of Engineers This would not qualify as Isolated Land Subject to Flooding The site is not within estimated habitat No further issues A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1379, 15 Timber Lane (Johnson & Borenstein, LLC)(The Neve-Morin Group, Inc.)(cont. 1/10/07) Greg Hochmuth of The Neve-Morin Group, Inc was present Ms McKay stated the Commission felt that the filing was similar to the previously submitted filing in that they could not approve off property resource areas The meeting continued in an effort to obtain permission from the abutter for purposes of reviewing the off property resource area It was suggested that the applicant consider eliminating the off property wetland flags and surveying the approximate location from the property boundary if permission could not be obtained Since the abutter has not responded, The Neve-Morin Group revised the plans to incorporate the Commission's suggestion No further issues A motion to close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Lynch Unanimous Notice of Intent(s) 24.2-1376, 1275 Turnpike Street-Boston Hill(Boston Hill,LLC)(Marchionda & Associates, Inc.)(cont. from 1/10/07) John Barrows of Marchionda&Associates, Inc was present Ms McKay stated at the last meeting, the Commission discussed whether Riverfront would apply locally given that new application was filed The Commission felt that the Riverfront regulations would apply locally, but that the project as proposed meets the performance standards The applicant had agreed to submit a letter to the Commission stating this fact A letter from Paul Marchionda, but it is in my opinion that the letter does not speak to the Commission's request The letter defends that the project is exempt from the regulations in its entirely, but states the riverfront areas are not applicable to this project However, should your Commission make a finding to the contrary, the project as designed meets all of the performance standards applicable to riverfront areas Nevertheless, a decision was drafted, which includes applicable language addressing the matter No further concerns A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1381, Pleasant Street at Stevens Pond and Lake Cochichewick(Town of North Andover (DPW)(Weston & Sampson Engineers, Inc.) Tara McManus of Weston& Sampson Engineers, Inc and James F Finegan of Weston & Sampson Engineers, Inc was present Mr McDonough read the legal notice Ms McKay stated the filing is for the replacement and repair of the existing outlet dam structure and associated 3 grading at Stevens Pond and Lake Cochichewick off of Pleasant Street Also proposed under this filing is the installation of underground utilities The work will occur within the buffer zone to a Bordering Vegetated Wetland, Land Under Water, associated bank, Bordering Land Subject to Flooding in addition to the 25-foot No-Disturbance zone and the 50-foot No-Build zone The installation of underground utilities is also proposed within the gravel access road from Pleasant Street to power the intrusion alarm system& sluice gate actuator The work will occur within the 25-foot No-Disturbance zone and the 50-foot No-Build zone The Lake Cochichewick outlet structure and dam was originally built in 1897 and impounds the lake The outlet structure contains a sluice gate, that when raised, allows water to run from lake through an underground channel into a small pond to the west of the outlet structure The water is then allowed to flow into Stevens Pond through a fieldstone culvert that runs underneath the gravel access road off of Pleasant Street A waiver request to allow the work within the 25-foot No-Disturbance zone and the 50-foot No-Build zone was requested Cofferdams systems will be used to temporary dewater area Any water captured into area from runoff and or seepage will be pumped an approved retention basin to trap any sediment prior to discharge back into the Lake Erosion controls haybales and silt fence are proposed around all work areas and are located suitably The scope and sequence of work included in the Notice of Intent indicates that work impacting the resource areas will occur between July 15, 2007 and September 15, 2007, with all construction work completed by October 15, 2007 Upon completion of project, full restoration is proposed Mr Lynch stated 9-feet Stevens Pond to 17-feet Lake Cochichewick under water Mr Finegan stated the cofferdams would keep the water out so the applicant would be able to get in and clean all kinds of debris in the gate area and removal of one tree and removal of the roots to Mr Finegan stated the dam would have to be put up to grade and blocks would replaced and cemented into place because that wall is in pretty go shape for how old it is Mr Masse stated is this filing only for the State or is including the North Andover Wetlands Protection Bylaw Ms McManus stated the filing is also for local bylaw add the first page for the North Andover Protection Bylaw on the front page A motion to continue to February 14, 2007 meeting was made by Mr McDonough, seconded by Ms Feltovic Unanimous Decisions 242-1376. 1275 Turnpike Street-Boston Hill Ms McKay stated the cash bond amount set at $200,000, Environmental Monitor weekly and monthly reports and yearly reports, revised O & M plan, include Paul Marchionda letter about the Riverfront, Condominium Association would have to sign an affidavit when taking over the O & M plan, erosion controls upfront and across the street, exclusive standards stormwater standards important, mitigation for the Frost Elf Butterfly, link records to 242-1099 and 242- 1376, the North Andover Wetlands Protection Bylaw all conditions for local bylaw would be met A motion to accept the Order of Conditions as amended was made by Mr Lynch, seconded by Mr Manzi Unanimous A motion to adjourn the meeting at: 10:15 P. M. was made by Mr. Manzi, seconded by Mr. Lynch. Unanimous. 4