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HomeMy WebLinkAbout2007-02-21 Conservation Commission Minutes FILE COPY Conservation Commission Meeting Minutes Q February 21,2007 J? Members Present: Scott L Masse, Chairman,John J Mabon, Deborah A Feltovic,Louis A Napoli Members Absent: Albert P Manzi,Jr, Vice Chairman,Joseph W Lynch,Jr, and Sean F McDonough Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill,Conservation Associate, and Donna M Wedge, Administrative Assistant Town Counsel Present: Thomas J Urbelis Meeting came to Order at 7:17 P.M.-Quorum Present. Pledge of Allegiance General Business MACC Annual Conference Ms. McKay stated that Mr. Lynch, Mr.Napoli and herself would be attending the MACC Conference on March 3, 2007 Budget Review Ms McKay stated that she sent in a separate request for the Administrative Assistant to be paid in full from the Town budget and not from the Wetland Filing fees. However, the Town Manager has recommended keeping the Assistant's salary from the Town budget by only 20 hours with the remaining to be supplemented from the wetland filing fees 242-441,PCOC & Bond Release Request, 485 Forest Street-Lot 1 Long Pasture(Long Pasture Realty Trust)(Christiansen & Sergi) Town Counsel, Thomas J Urbelis, was present No one was present The Chairman bumped this request to the end of general business matters At 8 05 p m ,the Commission revisited the request. No one was present for this request A motion to deny the PCOC request and deny the bond release was made by Mr Mabon, seconded by Mr Napoli. Unanimous 242-1295, Modification & COC Request,250 Bridle Path-Lot 20A (Kucharzyk)(Christiansen & Ser i Tony Capachietti of Christiansen& Sergi, Inc was present Ms Merrill stated that the Order was issued in February of 2005 for the construction of a single-family dwelling with associated appurtenances, infiltrator, and stormwater management structures. The work was conducted within the Buffer Zone to a BVW and within the Watershed Protection District. New England Engineering Services, Inc was retained as the Environmental Monitor and reports were received. The as built plan is consistent with the approved plan with exception of a cape cod berm that was not installed at the end of the driveway. The intent of the berm was to direct stormwater towards the catch basin However, the rim of the catch basin was installed a few inches lower than proposed and the driveway grading in such a way that the stormwater flowed toward the basin as intended Measurements were confirmed in the field A motion to issue the modification was made by Mr Mabon, seconded by Mr.Napoli. Unanimous. A motion to issue the COC and release the bond was made by Ms. Feltovic, seconded by Mr. Mabon Unanimous. 242-1196, Modification & COC Request, 500 Rea Street(McManus)(New England Engineering Services, Inc.) Ben Osgood, Jr of New England Engineering Services, Inc. was present. Ms. Merrill stated that the Order was issued in May of 2003 for the construction of an addition and deck to an existing single-family dwelling The work took place within the 100' outer riparian zone associated with Mosquito Brook.New 1 G r England Engineering Services was retained as the Environmental Monitor and reports were submitted Wetland markers were installed along the 25-foot No-Disturbance zone as required The size of the addition was constructed smaller than originally proposed and the deck was eliminated from the project The driveway was extended and a small retaining wall was constructed in the backyard Measurements were consistent with approved plan A motion to issue the modifications was made by Ms. Feltovic, seconded by Mr Napoli. Unanimous. A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Napoli. Unanimous 242-784,Modification & PCOC Request, 85 Thistle Road-Lot-27 (North Andover Land Cory.)(New England Engineering Services,Inc.) Ben Osgood, Jr. of New England Engineering Services, Inc. was present Ms Merrill stated that North Andover Land Corp was requesting a modification for Lot 27 Thistle Road. A boulder wall was installed in the rear of the yard to compensate for the grade change, but is located 29' from the BV W. A letter from New England Engineering Services, Inc , indicated that the house was built larger than proposed and closer to the wetlands by approximately 10-feet. However, the house is greater the 50' from the wetland A motion to issue the modifications was made by Mr. Mabon, seconded by Mr.Napoli Unanimous A motion to issue the PCOC was made by Ms. Feltovic, seconded by Mr. Mabon. Unanimous 242-784,Modification & PCOC Reguest, 115 Thistle Road-Lot13A(North Andover Land Cory.)(New England Engineering Services,Inc.) Ben Osgood, Jr. of New England Engineering Services, Inc was present. Ms. Merrill stated that North Andover Land Corp was requesting a modification for Lot 31A, Thistle Road. The footprint of the house was larger than proposed The Order of Conditions authorized the deck to be constructed within the 50- foot No-Build zone at 47' from the wetland. A motion to issue the modification was made by Mr Mabon, seconded by Ms. Feltovic. Unanimous A motion to issue the PCOC was made by Ms Feltovic, seconded by Mr Napoli. Unanimous. 242-784, Modification & PCOC Reguest, 138 Thistle Road-Lot 35 (North Andover Land Cory.)(New England Engineering Services, Inc.) Ben Osgood, Jr of New England Engineering Services, Inc was present Ms. Merrill stated that North Andover Land Corp was seeking a modification for Lot 35 Thistle Road. The footprint of the house was larger than proposed and constructed closer to the resource area than originally proposed by approximately 7'. However, it still conformed to the setback The majority of the house is located outside of the buffer zone The driveway was also relocated but also located outside of the Buffer Zone. A motion to issue the modification was made by Mr Mabon, seconded by Ms. Feltovic. Unanimous A motion to issue the PCOC was made by Mr. Mabon, seconded by Ms Feltovic. Unanimous 242-784, Modification & PCOC Reguest, 120 Thistle Road-Lot 36 (North Andover Land Cory.)(New England Engineering Services, Inc.) Ben Osgood, Jr. of New England Engineering Services, Inc. was present Ms. Merrill stated that North Andover Land Corp. was seeking a modification for Lot 36, Thistle Road. The footprint of the house was larger than proposed and was constructed closer to the resource area originally proposed by approximately 23' However, it still conformed to the setback The driveway was also relocated but the majority is located outside of the Buffer Zone. A motion to issue the modification was made by Ms. Feltovic, seconded by Mr Napoli. Unanimous. A motion to issue the PCOC was made by Ms. Feltovic, seconded by Mr. Napoli. Unanimous. 242-784, PCOC Request, 70 Thistle Road-Lot40D (North Andover Lane Cory.)(New England Engineering Services,Inc.) Ben Osgood, Jr. of New England Engineering Services, Inc was present Ms. Merrill stated that North Andover Land Corp was seeking a PCOC for lot 40D Thistle Road All disturbed areas were stable 2 against erosion Measurements were taken in the field and were consistent with the as-built plan and most recent approved plan. A motion to issue the PCOC was made by Ms Feltovic, seconded by Mr Mabon Unanimous. 242-784, Modification & PCOC Request, 54 Thistle Road-Lot 41C (North Andover Land Corp.)(New England Engineering Services, Inc.) Ben Osgood, Jr. of New England Engineering Services Inc was present. Ms Merrill stated that North Andover Land Corp was seeking a modification for Lot 41 C, Thistle Road The footprint of the house was larger than proposed and was constructed closer to the resource area than originally proposed. The driveway was also relocated However, it still conforms to the setback A motion to issue the modification was made by Mr. Mabon, seconded by Mr. Napoli. Unanimous. A motion to issue the PCOC was made by Mr Mabon, seconded by Ms. Feltovic. Unanimous 242-784,PCOC Request,34 Thistle Road-Lot 44C (North Andover Land Corp.)(New England Engineering Services,Inc.) Ben Osgood, Jr. of New England Engineering Services, Inc. was present Ms Merrill stated that the lot was approved under the Abbott Village Subdivision. However, the lot was never constructed under the Order. A new Notice of Intent was filed and the lot was approved under 242-1301. A motion to issue the PCOC was made by Mr. Mabon, seconded by Ms. Feltovic Unanimous. 242-784,PCOC Request,45 Thistle Road-Lot 44C (North Andover Land Corp.)(New England Engineering Services,Inc.) Ben Osgood, Jr of New England Engineering Services, Inc. was present Ms Merrill stated that these lots were approved under Abbott Village Subdivision However, this lot was never constructed under the Order. A new Notice of Intent was filed and the lot was approved under 242-1301 A motion to issue the PCOC was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-784, Partial Bond Release Request(North Andover Land Corp.)(New England Engineering Services, Inc.) Ben Osgood, Jr of New England Engineering Services, Inc. was present Ms Merrill stated that the bond amount was broken down as follows: $3K x 35 jurisdictional lots=105K and $3 per s f x 12,500 of wetland replication=$37,500; totaling $143K All construction has been completed with the exception of lot 34 Thistle Road, which has been filed under 242-1307 19 PCOC's have been issued. The file indicates that the department is in receipt of all reports relative to the construction of the individual house lots, as well as the replication and restoration areas and its as-builts. Hayes Engineering prepared interim subdivision as-built plans, which were submitted in November of 2006 Replication and restoration as- built plans were submitted in 1999 A motion to issue a partial bond release in the amount of$94,500 was made by Ms Feltovic, seconded by Mr Mabon. Unanimous. 242-1301,Modification & COC Request,34 & 45 Thistle Road-Lots 44C & 43C (North Andover Land Corp.)(New England Engineering Services,Inc.) Ben Osgood, Jr of New England Engineering Services, Inc. was present. Ms. Merrill stated that the Order of Conditions was issued in May of 2005 for the construction of two single-family dwellings. The Order stated that a 25-foot No-Disturbance zone and a 50-foot No-Build zone be established, as well as a 50- foot No-Disturbance zone and 75-foot No-Build zone associated to a locally jurisdictional Isolated Vegetated Wetland and a potential vernal pool on an offsite property The IVW was not identified on the Abbott Village plans. The lots were previously cleared and rough graded filed under 242-784. These lots were used as a soil stockpiling areas while Abbott Village was under construction The as-built plan depicts a boulder wall 25-foot upslope of the IVW. To compensate for the grade change on Lot 44C. Additionally,the driveway was relocated to the front of the house and reduced the amount of pavement than originally designed The modification eliminated the need for a driveway easement on the 3 f neighboring property Ms Merrill stated that wetland markers were installed. New England Engineering Services was retained as the Environmental Monitor and reports were submitted. The houses were built exactly as proposed. The disturbed areas are stable against erosion A motion to issue the modification was made by Ms Feltovic, seconded by Mr Napoli Unanimous. A motion to issue the COC and release the bond was made by Mr Mabon, seconded by Ms. Feltovic Unanimous Public Hearings -8:05 P. M. Trails & Open Space Rules & Regulations-Hunting at Half Mile Hill,Half Mile Hill Summit, Sunny Hill Ridge Mr. Mabon provided a power point presentation Present were Barbara Hartrich, Chair, Family Cooperative Preschool, Inc Board of Directors 565 Osgood Street,Nancy Melia and Mario Riccio of 523 Osgood Street, William Callahan of Osgood Street, Susan Welch of 575 Osgood Street, Michael Davidowic of Crescent Farm of Ward Hill, and Town Counsel, Thomas J Urbelis Upon completion of the presentation, a discussion was held. In response to a question as to whether article 97 applied, Mr Urbelis stated that article 97 had nothing to with prohibiting hunting and that Conservation Commissions has control of town owned land in the State of Massachusetts Ms. Hartrich asked if a public safety study had been completed. Mr Mabon indicated that Mr. Manzi had researched this with the Police Department. Ms. Hatnch asked to see these safety factors but mentioned that Mr. Manzi was not present to talk about it. Ms Hartrich asked if the Commissions' decision to allow hunting on town properties was done legally Mr Urbelis stated that the decision to allow hunting was done legally and in the proper manner Ms. Hatrich indicated that there were others ways to approach deer management Mr. Mabon agreed, but said that this could be presented at the next meeting Mr. Masse reiterated that any points presented should be relative to the three properties only and that if anyone wanted to submit anything for Mr Manzi and Mr Mabon to review to submit it to the Administrator. The gate to be installed at the bottom of the hill at Half Mile Hill was also mentioned Ms. McKay indicated that she would follow-up on this. A motion to continue to the March 28, 2007 meeting for public input and submission of new information only was made by Ms. Feltovic, seconded by Mr.Napoli Unanimous. Mr. Masse, Chairman,motioned for a 5-minute recess. Notice of Intent(s) 242-1381,Pleasant Street at Stevens Pond and Lake Cochichewick(Town of North Andover DPW)(Weston & Sampson Engineers, Inc.)(cont. from 1/24/07) Tara McManus and James F. Finegan of Weston& Sampson Engineers, Inc. was present Ms McKay stated that the Notice of Intent cover letter was revised to indicate that the project was filed pursuant to the North Andover Wetlands Protection Bylaw in addition to the Wetland Protection Act as requested. The local fees were properly transferred and the Dam report was submitted. Ms. McKay stated that DEP had no comments and indicated on the telephone that the activities were exempt pursuant to the WPA. A motion to close and issue a decision in 21 days was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1383, 101 Granville Lane (Donovan)(The Neve-Morin Group,Inc.) Greg Hochmuth of The Neve-Morin Group, Inc. was present Mr. Napoli read the legal notice. Ms. McKay stated that the project was for the construction of an above ground pool and associated decking within the Buffer Zone to a BVW associated with Boston Brook. Wetlands were delineated by Greg Hochmuth and were reviewed and approved The work would be 71-feet from the wetlands at its closest point A non-backwash infiltration system would be used and the proposed pool equipment would be placed under the proposed decking Erosion controls were proposed around the work The peastone play area is partially within the 50-foot No-Build zone. Ms. McKay stated that she was of the opinion that 4 this had no impact to the resource area. She stated that the buffer zone remained forested beyond the 25- foot No-Disturbance zone and beyond 50-foot No-Build zone as well. The site was outside of Riverfront area and not within Floodplain A response from Natural Heritage was received indicating that work would not impact rare species habitat. DEP had no comments A motion to close and issue a decision within 21 days was made by Ms. Feltovic, seconded by Mr Mabon Unanimous 242-1382, 1812 & 1820-1830 Turnpike Street (GFM General Contracting Corp.)(Epsilon Associates,Inc.) No one was present. Mr Mabon read the legal notice. Ms McKay stated that the applicant was requesting a continuance to the March 14, 2007 meeting. The applicant was also requesting to set up escrow for the drainage review. A motion to set up a third party escrow account in the amount of$3,000 was made by Mr. Mabon, seconded by Ms. Feltovic Unanimous A motion to continue to the March 14, 2007 meeting was made by Ms. Feltovic, seconded by Mr. Mabon Unanimous 242-1384, 1980 Turnpike Street(Elm Square Industrial Condo)(Merrimack Engineering Services, Inc. William Dufresne of Merrimack Engineering Services, Inc was present. Mr. Napoli read the legal Notice. Ms. McKay stated that the filing was for the construction of a sanitary sewer service connection within the Buffer Zone to a BVW The project consists of three industrial buildings with associated parking, access driveway, walkways, and underground utilities. Wetland resource areas surround the entire site. Wetlands were delineated by Norse Environmental in October of 2006 and applicable flags have been reviewed and approved. The existing septic system would be abandoned The tanks would be pumped, crushed, and removed from the site. Ms. McKay explained that the existing system was located within the existing paved parking area just outside of the 100-foot buffer zone The sewer connection to existing main was located within the Route 114 right away. All proposed work would occur within already paved and disturbed areas The connection will be located within the 25-foot No-Disturbance zone within the paved entrance driveway. An alternative analysis was submitted stating that there was no other feasible upland location on the site Elevations for installation indicate that dewatering would be necessary Although noted in the Notice of Intent on the plan that dewatering would be pumped through a siltation control system or other approved method before discharging to the ground surface, drainage, structures or the wetlands, a dewatering location was not shown on the plan. Ms McKay stated that soil-stockpile and storage of equipment areas should be depicted on the plan Erosion controls are proposed The site is within estimated and priority habitat and is still under review with Natural Heritage. The project is also still under review with DEP. A motion to continue to the February 28, 2007 meeting for DEP &NHESP review was made by Ms. Feltovic, seconded by Mr. Mabon Unanimous. 242-1385, 2009 Salem Street-Juniper Woods (Richards)(Merrimack Engineering Services, Inc. No one was present. Mr Napoli read the legal notice Ms McKay stated that the legal notice was incorrectly advertised. The applicant re-notified abutters with the correct proposed project language for the February 28th meeting. The applicant has requested a continuance to the February 28 meeting. No testimony taken A motion to continue to the February 28, 2007 meeting was made by Ms Feltovic, seconded by Mr. Mabon Unanimous A motion to adjourn the meeting at 9:45 P. M. was made by Ms. Feltovic, seconded by Mr. Mahon. Unanimous. C�' 5 �,�