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HomeMy WebLinkAbout2007-04-25 Conservation Commission Minutes Conservation Commission Meeting Minutes April 25,2007 Members Present: Scott L Masse, Chairman, Joseph W Lynch, Jr ;John J Mabon, and Louis A Napoli Members Absent: Albert P Manzi, Jr , Vice Chairman, Deborah A Feltovic, and Sean F McDonough 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 242-1231, Request for Partial Bond Release (Town Common Undereround Utility Proiect)(National Grid)(ENSR) No one was present Ms Merrill stated the applicant's representative is requesting a Partial Bond Release relative to this project The Order of Conditions was issued in January 2004 and amended Order of Conditions was issued in January 2005 for the installation of underground utilities within the Buffer Zone to a Bordering Vegetated Wetland To date, the project is complete and erosion controls have been removed National Grid had retained ENSR as the Environmental monitor and reports were submitted on a weekly basis during construction The Order required National Grid to restore the 25-foot No-Disturbance zone at the Cranberry Lane and Osgood Street The shrubs Arrowwood and High Bush Blueberry were installed last spring/summer They appeared to be thriving with little to no dieback However, there was on fatality This may have been a result of new erosion controls that were installed as part of the 2nd phase of the common project ENSR has been notified and the shrub will be replaced National Grid paid $5,000 performance bond Releasing $4500, holding $500 until the COC is issued Ms Merrill stated 1 shrub died probably from the new erosion control being installed by MAHighway Mr Napoli stated the plantings we due have bond on the other project Ms Merrill yes we due have a performance bond posted the amount of$5,000 Mr Napoli stated if there is any more die back the new project would be paying for the new plantings Ms Merrill stated there is only 1 shrub dieback A motion to issue the partial bond release in the amount of$4,500 was made by Mr Lynch, seconded by Mr Napoli Unanimous Suggested Revisions to the Order of Conditions Ms McKay stated MACC boilerplate conditions and special conditions wetland mitigation The Conservation Commission discussed a lot of area boilerplate conditions area fine Mr Masse stated put this in the packets sections on what you might want us to change in Order of Conditions for the next meeting on May 9, 2007 1 Friends of North Andover Trails Mr Mabon stated I would like the Friends of North Andover Trails come into one our meeting and make presentation to the Conservation Commission Members about geo cash and letterboxing within the trails of North Andover The people go on line and E/Mail when find something good in the trail to communicate with other people involved with theses activities Mr Masse stated Mr Mabon would the liaison on the project for Conservation Commission Mr Mabon stated the only thing I would worry about there would trash all over the place in the trail systems I do not know if this is a good idea yet I do not think we quit ready for this kind of thing yet because we do protection plan for the Open Space yet for trash, cans, dog fichus it is the Conservation Commission would start a warden program and stewardship program Mr Lynch stated at Mazurenko Farm the Merrimack Valley Bird Club does bird watching through out the area this is refreshing to know people want to use the Open Space for good fun projects No Recess Public Hearings: 8:04 P. M. Abbreviated Notice of Resource Area Delineation 242-1390,210 Holt Road (TBI)(Brown and Caldwell)(cont. from 4/11/07)(Reguest to coat. to 5/9/07 No one was present Ms McKay the applicant request to continue to May 9, 2007 meeting A motion to continue to May 9, 2007 meeting was made by Mr Lynch, seconded by Mr Mabon Unanimous 242- , Lot 1A Beechwood Drive(Albacado Greenland Limited Partnership)(Christiansen & Sergi, Inc.) Anthony Capachietti of Christiansen& Sergi, Inc was present Mr Mabon read the legal notice Ms McKay stated the filing is for the confirmation of the wetland resource areas only No work proposed The resource areas consist of Bordering Vegetated Wetland associated with an intermittent stream and Bordering Land Subject to Flooding elevation 58 7 Wetland Preservation, Inc delineated the resource areas on the property in November of 2006 The off property resource areas were flagged by Basbanes Associates in July of 1996 The property resource areas on 676 Osgood Street Trust parcel is part of the wetland system for the 1503 Osgood Street project that was recently approved construction of gas station and convenient store The Bordering Vegetated Wetland has been reviewed and approved No issues with the delineation Although not indicated as the 100-year flood on FEMA map as indicated on the plans notes, Christiansen& Sergi conducted a flood study in 1996 that indicates 100-year flood zone with calculated elevation This was clarified to me today Christiansen& Sergi will provide copies of the study for the meeting A drainage easement is also located on the property and is shown on the plan No file# from DEP Mr Lynch stated this half of the picture you should get a hold of the abutter and see if he would give you access to his property to be able to get accurate information for the ORAD A motion to continue to May 9, 2007 meeting was made by Mr Lynch, seconded by Mr Mabon Unanimous 2 242-1382, 1812 & 1820-1830 Turnpike Street (GFM General Contracting Corp)(Epsilon Associates)(cont. from 3/28/07)(Repuest to coat. to 5/9/07) No one was present Ms McKay stated the applicant is requesting to continue to May 9, 2007 meeting Mr Masse stated how long have we been continuing this filing A motion to continue to May 23, 2007 meeting was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1387, 116 Marbleridge Road (Innovation Properties, Inc.)(Rimmer Environmental)(cont. from 4/11/07) Mary Rimmer of Rimmer Environmental Consulting, LLC was present Ms McKay stated Natural Heritage Endanger Species Protection comments received Natural Heritage Endanger Species Protection has determined that the project occurs within the habitat of the Blandmg's Turtle Under the Wetland Protection Act okay, but under MESA,NHEP finds that the project, as currently proposed, may result in a prohibited take The soil pile may be acting as nesting habitat for the turtle Therefore, in order to avoid a take,NHESP requests that this soil pile be removed only between October 151h and May 151h alternatively, the applicant can provide photographs of this soil pile to NHESP to reevaluate the necessity of the timing restrictions No further issues A motion to close and issue a decision within 21 days was made by Mr Mabon, seconded by Mr Lynch Unanimous NACC#27, 80 Holly Ridge Road (Marroni)(Rimmer Environmental Consulting, LLC)(cont. from 4/11/07) Mary Rimmer of Rimmer Environmental Consulting, LLC, was present Ms McKay stated at the last meeting, the Commission requested several plan revisions, which included plans to be stamped by a P E & P L S and a physical barrier boulder wall demarcating the wetland boundary The plans were revised to include a P L S stamped by Stephen Stapmski of Merrimack Engineering and depicts 1-yard boulder on 5' setbacks from the wetland flags at 5'on center A motion to close and issues a decision within 21 days was made by Mr Lynch, seconded Mr Napoli Unanimous NACC#29, 12 Bonny Lane (Bonny Lane Realty Trust)(The Neve-Morin, Inc.)(cont. from 4/11/07) Greg Hochmuth of The Neve-Morin Group, Inc was present Ms McKay stated at the last meeting the Commission requested revised plans and information from the Town Engineer in regards to drainage compliance under the original Bonny Lane subdivision filing Hardt Court Estates 242-057 The plans were revised to include a boulder wall along the 25-foot No- Disturbance zone, a note regarding no further maintenance within the No-Disturbance zone note 10, the addition of a walkway and deck, a soil stockpiling area along the northerly property line, and an accurate depiction of the utility easement boundaries as requested A memo was written to the Town Engineer, Gene Willis, on April 17 in regards to the drainage The following was written for memo The Conservation file indicates several drainage deficiencies during and after construction of the original subdivision While these drainage problems may have been resolved, no reference or evidence of final drainage approvals were found in the file The project was denied by the Conservation Commission and a Superseding Order of Conditions was issued by DEQE Partial Certificate of Compliances was issued for some of the lots, however a final Certificate of Compliance was not issued by DEP or the Conservation Commission, respectively Gene Willis responded back just today indicating that I should speak to Tim Willet, Water and 3 Sewer, in this regard I spoke to Tim and he has indicated that he is not aware of any drainage issues within the subdivision and that they do not have as-built for this subdivision since they were not required back then late 70's early eighties Ms McKay stated I do not think Gene Willis every read the memo Mr Lynch stated this would be in the Town' s interest the retaining wall, stairs old features on this property in the back of the lot This should be handled by the Department of Publics Works or the Selectman A motion to continue to May 9, 2007 meeting was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1395, 59 Appleton Street (Vellante)(Sullivan Engineering Group, LLC)(cont. from 4/11/07) The applicant Beth Vellante was present Ms Merrill stated the plans were revised to include a foundation drain, which will outlet towards the wetland but outside of 25-foot No-Disturbance zone Additional erosion control will be placed around the existing shed for demolition purposes A note was also inserted on the plan designating the soil stockpiling area No comments from DEP No further issued A motion to close and issue a decision within 21 days was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1394, 89 Milk Street (Highview, LLC)(Merrimack Engineering Services, Inc.)(cont. from 4/11/07) John Murphy of Merrimack Engineering Services, Inc Abutters present Francis Smith of 60 Chestnut Street, Charles Galaher of 117 Milk Street, Peter Tomasz of 69 Milk Street, and Clayton Martin of 50 Chestnut Street was present Ms McKay stated at the last meeting, the Commission requested that the filing be resubmitted to reflect all three proposed single-family dwellings and payment of the of the filing fee for all work associated with the three homes The additional fees were submitted and revised plans and the Notice of Intent was also submitted accordingly The revised plans do not depict a physical barrier or extension of the previously proposed wall upgradient to along the 25-foot No-Disturbance zone on lot#40-1A as recommended by staff above The Commission also requested and opinion in writing from Zoning Enforcement Officer, Gerald Brown, in this regard A memo was received by Mr Brown indicating that there is enough acreage and street frontage to allow for divided the parcel into three R-3 lots As stated previously, the lots were approved as Form A lots by the Planning Board and copies of those decisions were noted for the file Still under review with DEP Mr Peter Tomasz of 69 Milk Street stated the grades here 2 to 3 lower with wooded area water runoff when driveway and berm there would be sheet flow of the driveway this right next store to my house Mr Lynch stated post and rail fence along the long driveway, a loose stonewall 2' x 2' continuance along the 25-foot No-Disturbance, no piping under the driveway, test pits should be performed on the site to see what ground water level is in this area because this stream runs all the way down mill brook might be high ground water here Mr Lynch stated street frontage is a little short than the requirement 125-feet this is only 124 50-feet A motion to continue to May 9, 2007 meeting was made by Mr Lynch, seconded by Mr Napoli Vote 2 to 0 Passes 4 242-1393, 26 Turtle Lane (Dickey)(Merrimack Engineering Services,Inc.)(cont. from 4/11/07) The applicant Arthur Dickey and John Murphy of Merrimack Engineering Services, Inc was present Ms Merrill stated property is also within estimated habitat Comments received and no adverse impact The revised plans have been submitted to include the following changes the drywell was removed, size of the addition was changed from 12' x 38' to 14' x 38', but is not closer to the wetland The erosion control line relocated in order to install a temporary gravel access area to get to the backyard The area will be loamed and seeded once the foundation and backfillmg is completed No comments for DEP No further issue A motion to close and issue a decision within 21 days was made by Mr Lynch, seconded Mr Napoli Unanimous Decisions 242-1387, 116 Marbleridge Road Ms McKay stated the bond amount set at $1,000, Environmental Monitor, wetland markers, stonewall with gap to mow the wet meadow once a year A motion to accept the Order of Conditions as drafted was made by Mr Lynch, seconded by Mr Napoli Unanimous NACC#27, 80 Holly Ridge Road Ms McKay stated the bond money set at$1,000, Environmental Monitor, dewatering, go thru the existing driveway only, no backwashmg for perpetuity on the property A motion to accept the Order of Conditions as drafted was made by Mr Mabon, seconded by Mr Lynch Unanimous 242-1395, 59 Appleton Street Ms Merrill state the bond amount set at $1,000, Environmental Monitor, wetland markers, removal of the shed, stone at the edge perimeter drain A motion to accept the Order of Conditions as drafted was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1393, 26 Turtle Lane Ms Merrill stated the bond amount set at $1,000, Environmental Monitor, wetland markers A motion to accept the Order of Conditions as drafted was made by Mr Lynch, seconded by Mr Napoli Unanimous A motion to adjourn the meeting at: 9:35 P. M.was made by Mr. Lynch, seconded by Mr. Mabon. Unanimous. 5