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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 1 242-784, 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 2 242-1277, 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. 3 r 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 4 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 5 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. 6