HomeMy WebLinkAbout2007-02-28 Conservation Commission Minutes Conservation Commission Meeting Minutes
February 28,2007
Members Present: Scott L Masse, Chairman, Albert P Manzi, Jr, Vice Chairman, Joseph W
Lynch, Jr , Deborah A Feltovic, Sean F McDonough, Louis A Napoli
Members Absent: John J Mabon
Staff Members Present: Alison E McKay, Conservation Administrator, and 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
Weir Hill Management-Burn Plan Permits-Fire Chief William Dolan/Franz Ingelfinger of
the Trustees of Reservation
Fire Chief William Dolan and Franz Ingelfinger of the Trustees of Reservation were present Mr
Dolan stated this would be good training for the rookie fireman on the fire department now Mr
Ingelfinger stated this project would be controlled burn this is to prevent areas that are over
grown and very bad potential for a fire starting the work would done Early spring April 1, 2007
Mr Dolan said we use Indian tanks then back trucks plus 15 to 20 Firefighters would be on site
plus the help from Trustee of Reservation would there and higher up people that would be
involved with the burn The Conservation Commission discussed and thinks this is very good
idea to the management of the property for the prevention of wildfires Continue to March 14,
2007 meeting in order to draft and enforcement order in order allow the Trustees of Reservation
to do the controlled burn at Weir Hill
242-1250, Extension Request,Adams Avenue Drainage Improvements (Town of North
Andover DPW)(Weston & Sampson Engineers)
James Finegan of Weston& Sampson Engineers was present Ms Merrill stated the Order of
Condition was issued in July of 2004 to allow for drainage improvements within the right away
of Adams Avenue The work was proposed within the Buffer Zone to a Bordering Vegetated
Wetland The Order will expire on July 14, 2007 As such the DPW is requesting 1-year
extension The project has not started because the town had gone through the street acceptance
process for Adams Avenue Based on the letter from Bill Hmurciak, the project will be put out to
bid during next few months The wetlands flags are still located in the field The Order was
recorded, but the performance bond has not been posted yet A motion to issue a 1-year
extension to July 14, 2008 was made by Mr Manzi, seconded by Ms Feltovic Unanimous
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242-784, PCOC Request, 33 Nutmeg Lane-Lot 15 (North Andover Land Corporation)(New
England Engineering Services, Inc.)
Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms Merrill stated
North Andover Land Corp is seeking PCOC for Lot 15,Nutmeg Lane The house was built
within the Buffer Zone to an Isolated Vegetated Wetland,jurisdictional to North Andover
Wetlands Protect Bylaw only All disturbed areas were stable 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 Mr Manzi, seconded by Ms Feltovic Unanimous
242-784, PCOC Request, 51 Nutmeg Lane-Lot 16A (North Andover Land
Corporation)(New England Engineering Services,Inc.)
Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms Merrill stated
North Andover Land Corp is seeking PCOC for Lot 16A,Nutmeg Lane The house was built
within Buffer Zone to an Isolated Vegetated Wetland,jurisdictional under the North Andover
Wetlands Protection Bylaw only All disturbed areas were stable against erosion Measurements
were taken in the field and were consistent with as-built plan and most approved plan A motion
to issue the PCOC was made by Mr Manzi, seconded by Ms Feltovic Unanimous
242-1271, COC Request,Lot 8 Gray Street#236 (Litchfield Company, Inc.)(Eastern Land
Survey Associates, Inc.)
The applicant Joseph Currier of Litchfield Company, Inc , and James H MacDowell of Eastern
Land Survey Associates, Inc was present Ms Merrill stated the Order of Conditions was issued
in October 2004 for the construction of a paved driveway associated to a single-family dwelling
Portions of the work were conducted within the Buffer Zone to an Isolated Vegetated Wetland
on Lot 5 Gray Street The wetland markers were placed upgradient of the Isolated Vegetated
Wetland, along the property line The applicant retained Eastern Land Surveyors, Inc as
Environmental Monitor and reports were submitted during construction Disturbed areas are
stable against erosion Affidavit has been submitted The as built plan consistent with the
approved plan No issues A motion to issue the COC and release the bond was made by Mr
McDonough, seconded by Mr Manzi Unanimous
242-1274,Modification & COC Request, Lot 15 # 74 (Litchfield Company, Inc.)(Eastern
Land Survey Associates, Inc.)
The applicant Joseph Currie of Litchfield Company, Inc , and James H MacDowell of Eastern
Land Survey Associates, Inc was present Ms Merrill stated the Order of Conditions issued
November of 2004 for construction of a single-family dwelling, deck and septic system within
the Buffer Zone to a Bordering Vegetated Wetland The applicant is seeking a request for the
location of the deck, which was moved from left rear side to the right rear side The placement of
the is not closer to the wetland than originally proposed The driveway was placed 8' closer to
the wetland, but conforms to the 50-foot No-Build zone Final grades were softened from the
original plan and propane tank was placed underground approximately 85' from the wetland
These modifications have no environmental impacts Mr Lynch what the under ground pipe
installed on the lot Mr MacDowell stated the pipe was installed per Gene Willis DPW because
no drainage on Gray Street Mr Lynch stated the silt and sand might be making there way into
the Wetland Resource areas A motion to continue to March 28, 2007 meeting was made by Ms
Feltovic, seconded by Mr Manzi Unanimous
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242-1277, Modification & COC Request,Lot 10 Boston Street#401(Litchfield Company,
Inc.)(Eastern Land Survey Associates,Inc.)
The applicant Joseph Currie of Litchfield Company, Inc , and James H MacDowell of Eastern
Land Survey Associates, Inc was present Ms Merrill stated the Order of Conditions was issued
in November of 2004 for construction of a single-family dwelling and deck within the Buffer
Zone to a Bordering Vegetated Wetland The applicant seeking a request for the location of the
deck, which was moved left rear side to the right rear side The deck is 1' further from the
wetland than originally proposed The driveway layout is different than originally proposed and
located 3' closer to the wetland A propane tank was placed underground approximately 54'
from the wetland Mr Lynch stated some of the Flags are missing from the plan the
Conservation Commission if the area needs to resurveyed than it should be done we do not
accept plans that have missing flags Mr Manzi stated if the flags are not on the plan then they
cannot be in field Ms Merrill stated I was out on site Mr Currie and Mr MacDowell were on
site I had to have them move some stairs because they were in the 50-foot No-Build zone Mr
Manzi stated how could somebody measure in the field if the Flag is not there in place A motion
to continue to March 28, 2007 meeting was made by Ms Feltovic, seconded by Mr Napoli
Unanimous
242-1272,Modification, Lot 5 Gray Street(Litchfield Company, Inc.)(Eastern Land Survey
Associates, Inc.)
The applicant Joseph Currie of Litchfield Company, Inc , and James H MacDowell of Eastern
Land Survey Associates, Inc was present Ms Merrill stated the Order of Conditions was issued
in October of 2004 for the construction of a single-family dwelling and septic system within the
Buffer Zone to an Isolated Vegetated Wetland,jurisdictional under the North Andover Wetlands
Protection Bylaw The house construction was completed during the summer of 2006 All
disturbed areas are 100% stable against erosion The applicant submitted photos to the
Conservation Commission to study and put in the file Mr Manzi stated the boulder wall can be
installed along the tree line in the back yard so landscaping debris does not get thrown over the
wall has to be tight big boulders at least 2-feet high and stack tight The applicant withdraws the
modification request without prejudice
Enforcement Order Ratification
242-1114, Meetinghouse Commons
Julie Vondrak of Epsilon Associates, Inc , was present Ms McKay stated the Order of
Conditions expires March 28, 2007 all extensions have been exhausted Mrs Vondrak stated this
project was delayed by agricultural restriction on the property if that did not happen the project
would have been completed with 2 extensions Ms McKay Epsilon Associates, Inc would still
continue to monitor and all the requirements in original Order of Conditions would still be
followed the project expected to be completed by September of 2009 A motion to issue the
Enforcement Order was made by Mr Manzi, seconded by Ms Feltovic Unanimous
No recess
Public Hearings: 8:50 P. M.
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Notice of Intent(s)
242-1384, 1980 Turnpike Street(Elm Square Industrial Condo)(Merrimack Engineering
Services, Inc.)(Request to cont. to 3/14/07)
No one was present A motion to continue to March 14, 2007 meeting was made by Mr Manzi,
seconded by Ms Feltovic Unanimous
242-1386, Bradford Street, Sutton Hill Road, Thistle Road,Woodbury Lane (Town of
North Andover DPW)(SEA Consultants, Inc.)
David Press of SEA Consultants, Inc and William Finn, Environmental Monitor, was present
Mr McDonough read the legal notice Ms McKay stated the filing is for construction of
approximately 900 linear feet of new 8-inch sewer and associated manholes in Bradford Street,
approximately 535 linear feet of 8-inch gravity sewer and associated manholes in Woodbury
Lane and in easement between Woodbury Lane and Thistle Road The work also consists of the
construction of approximately 300 linear feet of new 8-inch water main in the Woodbury Lane-
Thistle Road Easement All work is proposed within the 100-foot buffer zone to associated
Bordering Vegetated Wetland resource areas The majority of the work however, is proposed
outside of the 100-foot buffer zone to any jurisdictional area Closest work to resource area will
approximately 40-feet Dewater details have been included with the Notice of Intent application
I have reviewed the resource boundaries and have no issues Some trees will need to be cut
within the easement, which may create some loss of wildlife habitat and some adverse visual
impacts Erosion controls have been properly placed around the limit of work Work not located
within estimated or priority habitat The local fees have been transferred DEP file # issued but
still under review Abutters present live at 35 Woodbury Lane they stated there is not an
easement here this was in land court Also the owners at 45 Woodbury Lane are in the
Netherlands The Abutters representing the abutter who lives at 45 Woodbury Lane A motion to
continue for more information on the Bentomte Trench Dams to March 14, 2007 meeting was
made by Mr Manzi, seconded by Ms Feltovic Unanimous
242_-1385, 2009 Salem Street-Juniper Woods (Richards)(Merrimack Engineering Services,
Inc.
Stephen E Stapinski of Merrimack Engineering Services, Inc , John Murphy of Merrimack
Engineering Services, Inc and Mark West of West Environmental, Inc was present The
Engineer submitted reduced plans to Conservation Commission Ms McKay stated the filing is
for the construction of a roadway, water and sewer mains, stormwater management structures,
and associated grading within Riverfront area of Boston Brook and construction of three single-
family dwellings and associated site work within the buffer zone to several isolated vegetated
wetlands, vernal pools, and isolated land subject to flooding The proposed work is a portion of a
proposed 8-lot Planned Residential Development, which requires at 35% of area to be designated
as Open Space approximately 40% is proposed The project site is located and consists of
approximately ten wooded acres The existing dwelling with associated driveway, garage and
sheds are currently located on the subject property This portion of the property slopes towards
Salem Street, while the remaining portion of the parcel slope to on and off site wetland resource
areas In order to access the developable upland, a portion of the roadway, stormwater
management structures, utilities and associated grading is proposed within Riverfront both 100'
& 200'riparian The Notice of Intent narrative states that 7,775 s f of Riverfront will be altered
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of which 1,991 s f is previously developed by existing driveway, resulting in 5,784 of new
permanent Riverfront alterations Alternative analysis 1 No-Build, The applicant states that the
no-build alternative is considered only establish baseline conditions for the purpose have identify
and characterizing project impacts and that this alternative would not contribute toward
increasing the Town's open space or tax revenue Alternative 2 Conventional Residential
Subdivision Plan, The applicant states that larger roadway footprint would be necessary due to
greater side slope impacts, which would increase riverfront disturbance and create a greater loss
of habitat Further, more this alternative would eliminate the Open Space areas, would not be
considerate of the topography which would create excessive cuts and fills, roadway pavement
width and side slopes would be increased, municipal infrastructure maintenance costs increased,
and vegetative removal increase Alternative 3 PRD Preferred site plan, The location of the
proposed roadway was situated in such a way to conform to the current Planning Board
standards, minimize resource area impacts and provide a location that will minimize safety
within the travel way The Planned Residential Development allows design to be more
considerate that conventional subdivision plan, provide open space, extend water and sewer
services and meet the Town's housing needs The Planning Board granted waiver on the required
3 1 side slope grading to reflect a 2 1 side slope based upon the final landscaping design and
proposed mitigation the Planning Board final stages of review and Town Planner expects that the
Planning Board will close the public hearing during their next meeting Ms McKay stated
resource area boundaries were delineation by West Environmental, Inc in 2004 These
boundaries were confirmed in 2004 and were reconfirmed for this filing recently I have no
issues and am comfortable with the delineation A wetland report and vernal pool log was
provided in the Notice of Intent The vernal pools were photo logged and identified to meet
required criteria in April of 2005, but have not been certified Certification should be required if
approved A wildlife habitat study should be conducted in accordance with Riverfront
performance standards The site is located within Estimated& Priority Habitat Project plans sent
to NHESP for review The comment letter has not been received to date Estimated/Priority
species not known to date The applicant should provide and updated in this regard Trail and
Open Space access should be addressed considered for potential links nearby existing Open
Space areas The parcel directly abuts Campbell Forest Subdivision and New England Power
Easement Harold Parker State Forest properties are also in close proximity to the site Open
Space areas deeded to the Town or to Homeowners association? Stormwater management review
should be required set up Escrow Account for third party review Mr Stapmski states houses
would be tied into sewer and public water thru the street would be tied into sewer pump station at
corner of Campbell Street and Salem Street would 700-feet of digging in the street Gene Willis
Town Engineer did not want us to tie into the existing drainage here on Salem Street The
applicant would be changing the existing drainage pipe from 12-inch storm water main to 50-
inch storm water main for the extension for the 8-Lot called Juniper Woods Subdivision A
motion set outside escrow account from stormwater review by third party in the amount of
$5,000 was made by Mr Manzi, seconded by Ms Feltovic Unanimous A motion to continue to
March 28, 2007 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous
Approval of Minutes November 15,2006 and December 13,2006
A motion to approve the minutes of November 15, 2006 and December 13, 2006 was made by
Mr Manzi, seconded by Mr Napoli Unanimous
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Decisions
242-1381 Pleasant Street at Stevens Pond and Lake Cochichewick
Ms McKay stated the bond amount set at $10,000 A motion to accept the Order of Conditions
as amended was made by Mr Manzi, seconded by Ms Feltovic Unanimous.
242-1383, 101 Granville Lane
Ms McKay stated the bond amount set at $500, wetland markers, boilerplate above aground
pool A motion to accept the Order of Conditions as drafted was made by Mr Manzi, seconded
by Mr Napoli Unanimous
A motion to adjourn the meeting at: 10:20 P. M. was made by Mr. Manzi, seconded by Ms.
Feltovic. Unanimous.
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