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HomeMy WebLinkAbout2007-03-14 Conservation Commission Minutes 'r Conservation Commission Meeting Minutes March 14, 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, Donna M Wedge, Conservation Secretary Staff Member Absent: Pamela A Merrill, Conservation Associate Meeting came to Order at: 8:02 P. M. Quorum Present. Pledge of Allegiance General Business Eagle Scout Project at James Swamp-Sean McArdle The applicant Sean McArdle was present Mr McArdle stated the work would done on Reynolds Field, the work would start March of 2007 maybe take to the end of September of 2007 I would be installing 3 picnic tables in the area with using a chipper some of the bigger brush would wood chipped placed under the picnic tables to prevent weeds and grass from growing under the tables Mr Lynch stated there should be trash barrels usually the Conservation Commission require what bring in you take out yourself Ms McKay stated we can work with DPW to bring some barrels on the site for trash removal Mr McArdle stated I would cleaning out the trail system with some brush piles in some areas of the trail system the bigger brush would be chipped some of the work would be within the Buffer Zone of Mosquito Brook, and foot-bridge to connect the trial system the rest of the way also installing better trial markers for the public can identify the trail area better Mr Manzi stated this very good project Ms Feltovic stated the chipper could be dangerous equipment Mr McArdle stated the chipper could run by an adult only Mr Mabon stated this is very good project to do for the Town of North Andover I am very happy about this project Mr McDonough stated this is a great project also Mr Masse stated at the next meeting March 28, 2007 there would be draft Enforcement Order and the Conservation Commission would ratify the Enforcement Order so he start work MACC Conference Follow-up Ms McKay stated the is Just follow-up discussion on what went on during the Conference Mr Lynch the classes were very good we all had a great time The conference referenced a lot on stormwater management bylaw for all the Town and Cities within the State of Massachusetts this is a federal requirement that bylaw be in place by December 31, 2007 There is no money being given to Cities or Towns for creating the stormwater management bylaw it also makes more work administrator because it includes pre-construction and post-construction requirements which would have maintained for the lifetime of the site this would be very hard burden being put on the Towns and Cities to perform this task would cause financial burden 1 4 Consultants Fees-Adoption of Rules & Regulations Mr Masse stated this sort of mimics what we have in our bylaw I discussed this Town Counsel Thomas Urbelis he stated the Conservation Commission should adopt this rules and regulations it similar to what we refer to in our Bylaw A motion to adopt the rules and regulations was made by Mr Manzi, seconded by Mr Napoli Unanimous ZBA Meeting Schedule for Comprehensive Permit Applications Ms McKay stated I received a call from Patrick Garner discussed the permit with the Merrimack Condo's filing with Zoning Board of Appeals Mr Masse stated subcommittee Mr Lynch and Mr Napoli would be working out time to have a meeting with Patrick Garner to discuss what the Conservation Commission would think of the project Ms McKay I have a meeting with Patrick Garner on Monday next week at 9 00 A M in my office No Recess Public Hearings: 8:26 P. M. 242- , 210 Holt Road (TBI, Inc.)(Brown and Caldwell) Phil Jagoda of Brown and Caldwell and Representing the Applicant Sam Chapman was present Mr McDonough read the legal notice Ms McKay stated the filing the confirmation of the off property wetland resource areas The delineation wetland resource area is located greater that 40', at its closest point, off site to the south and southeast of exiting lots 1 & 2 on the airport property and the Holt Road Excavators property The purpose of the filing is to have resource area boundary adjacent to the applicant' s properties to apply to any future projects that may occur on the applicants' s property and that may occupy buffer zones to those wetlands The majority of the delineation flags # 264 through# 281 was previously approved as part of the Airport Vegetated Management Plan filing 242-1347 in which the resource areas were reviewed by myself and Seekamp Environmental in the summer of 2005 in preparation for that project The remainder of the flags BC-I through BC-4 was delineated by Brown and Caldwell in August of 2006 Documents submitted to the ZBA for the proposed Recycling & Transfer station by Brown and Caldwell in September of 2004 indicated that the closest stream to the site is located 300 feet northeast of the site referred to as Brook Creek Also submitted with the ZBA application was a letter from Epsilon Associates dated August 11, 2004 confirming the offsite Bordering Vegetated Wetland This letter makes no reference to any other resource area, or off site However, and herein lies the discrepancy A memo was submitted to the ZBA by former administrator in April of 2003 indicating that the off site stream was identified as intermittent on the USGS map and was within 200 feet of the property boundaries Under the regulations she noted" an isolated area with standing water and wetland vegetation directly off the southeasterly property boundary, at base of the concrete block retaining wall, which she questioned as ephemeral pool habitat since peeper calls were heard from this area She indicated that field documentation should be submitted for the isolated area determines whether this area qualifies as a state or local jurisdictional resource area however Field verification was performed upon verbal consent by property owners although prior to full knowledge of the above information submitted by former administrator I did confirm the off site resource area boundaries as identified as part of this filing It should be noted that the airport had just cleared this entire area as part of the Vegetated Management Plan upon my initial field verification Therefore, existing 2 1 conditions were not as clear as they could have been It should also be noted that file on Holt Road Excavators indicates that and Enforcement Order was issued for wetlands restoration in 1999 for filling of a resource area The applicant is aware the written permission from property owners is required and will be submitting this documentation I would recommend further investigation on the above matters by all parties The site is not located within Priority of Estimated Habitat of state listed protected species and is confirmed DEP has not yet issued a file A motion to continue to March 28, 2007 meeting was made by Ms Feltovic, seconded by Mr Manzi Unanimous 242-1382, 1812 & 1820-1830 Turnpike Street (GFM General Contracting Corporation)(Epsilon Associates, Inc.)(cont. from 2/21/07)(Reguest to cont. to 3/28/07) No one was present Ms McKay stated at the last meeting, escrow in the amount of$3000 had been set up The escrow has not yet been posted to date DEP comments "Stormceptor 4501 is not inlme system Infiltration basins should not be placed in fill material" The applicant has requested a continuance to the 3/28 meeting for plan revisions A motion to continue to March 28, 2007 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1384, 1980 Turnpike Street(Elm Square Industrial Condo)(Merrimack Engineering Services, Inc.) William Dufresne of Merrimack Engineering Services, Inc was present Ms McKay stated the Erlab Inc submitted a letter and accompanies photos as it concerns the replacement sign Natural Heritage has submitted comment letter stating that project as proposed would not adversely affect the actual habitat of rare species and confirming that the project is an exempt activity under the MESA regulations No further issues A motion to close and issue a decision within 21 days was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1386, Bradford Street, Sutton Hill Road, Thistle Road, and Woodbury Lane(Town of North Andover DPW)(SEA Consultants, Inc.)(cont. from 2/28/07) No one was present Ms McKay stated at the last meeting, the Commission requested clay, bentonite trench dams be located within the trenches A manhole on Woodbury Lane was also relocated and several notes were added in regards to the easement Plan sheet C5 was revised to incorporate the requested revisions DEP file # issued, waiting for review Will have draft decision ready by next meeting A motion to continue to March 28, 2007 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1388, 93 Raleigh Tavern Lane (Foulds)(New England Engineering Services,Inc.) Ben Osgood, Jr , of New England Engineering Services, Inc was present Mr McDonough read the legal notice Ms McKay stated the filing is for construction of a replacement subsurface sewage disposal system and associated grading within the Buffer Zone to a Bordering Vegetated Wetland The leach field is located within the 50-foot No-Build zone from the wetland resource area Erosion controls will be located 37-feet from the wetland resource area Additional erosion controls around the catch basin at the front of the lot Are erosion controls placed in a manner to allow for a sufficient work area? A soil stockpiling area is located outside of the buffer zone to the front of the lot The Bordering Vegetated Wetland was delineated by Basbanes Associates and have been reviewed and approved with the exception of the off property wetland flags Al, A2, & A7 The 25-foot No-Disturbance zone is being maintained as lawn Two large brush piles 3 1 • areas are located within the resource area between flags A4 & A5 No records on the property were found in the office files The assessors' s records indicate that the single-family dwelling was built 1970 and the pool was constructed in 1988 File# issued, still under review Will have draft decision ready for next meeting Mr McDonough stated can the leach field be moved outside of being so close to the wetland resource area Mr Osgood stated our staff took several test pit areas this area was the only area we could place the leach field because a lot trees would have cut down The system is close to property line 10-feet A motion to continue to March 28, 2007 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1387, 116 Marbleridge Road (Innovative Properties,Inc.)(Rimmer Environmental) The applicant Alex Russo of Innovative Properties, Inc and Mary Rimmer of Rimmer Environmental Consulting, LLC was present Mr McDonough read the legal notice Ms McKay stated the filing is for the construction of several additions and a deck to an existing single- family dwelling, garage renovation, demolition of a shed, removal of soil pile and removal trees within the Buffer Zone to a Bordering Vegetated Wetland Rimmer Environmental Consulting delineated the wetland boundary on October 11, 2006 and an ORAD was issued recently 1/3/07 for confirmation of the wetland A-series flags wetland boundary only No significant changes to existing grades are proposed and all work is within lawn or landscaped areas All construction is proposed outside of the 50-foot No-Build zone and outside of the 25-foot No-Disturbance zone with the exception of the shed 121 s f and soil pile removal The proposed work will result in additional 475 s f of impervious area The removal of 13 mature trees is also proposed for the purpose of restoring a lawn and garden area Three trees would be removed within the 25-foot No-Disturbance zone Mr Manzi stated I do not care about the tree removal there should be fiscal barrier to protect the 25-Foot No-Disturbance zone I suggest 2-foot loose stonewall with 16-feet wide entranceway to maintain the meadow mow once a year after the nesting season Mr Lynch stated the culvert would have to be maintained the removal of any debris that enters the entrance of the culvert for perpetuity The Conservation Commission all greed to have 2-foot high loose stonewall outside of the 25-foot No-Disturbance zone Ms McKay stated have not received any information from Natural Heritage yet we need to get that information before closing A motion to continue to March 28, 2007 meeting for results of Natural Heritage was made by Mr Lynch, seconded by Mr Napoli Unanimous No Decisions A motion to adjourn the meeting at: 9:15 P. M.was made by Mr. Manzi, seconded by Mr. Lynch. Unanimous. 4