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HomeMy WebLinkAbout2007-05-09 Conservation Commission Minutes t i Conservation Commission Meeting Minutes May 9,2007 Members Present: Scott L Masse, Chairman, Albert P Manzi, Jr , Vice Chairman, Joseph W Lynch, Jr , John J Mabon, Deborah A Feltovic, Louis A Napoli Member Absent: Sean F McDonough 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: 8:04 P. M. Quorum Present. General Business 242-1062, COC Request-Corner of Rea & Johnson Street-Reynolds Fields (Town of North Andover DPW)(Giles Surveying) No one was present Ms McKay stated the Order of Conditions was issued in February of 2001 for regarding of soccer fields and removal of asphalt and dirt within the limits of a Bordering Vegetated Wetland associated with Mosquito Brook The compliance inspection concluded that all disturbed areas were stable with turf grass It appears that the majority of the asphalt was removed, however I did observe a few pieces, partially buried Not sure if this is new litter Herbaceous vegetation has begun to sprout throughout this disturbed area No erosion was observed The entire erosion control line still remains in the field At this time, the haybales have decomposed, however, the silt fence and all wooden stakes should be removed prior to the issuance of the COC An email was sent to DPW explaining this, but there has been no response to date The wetland makers were installed along the perimeter of the field in accordance with Order Mr Mabon abstained from voting A motion to deny the COC was made by Mr Manzi, seconded by Ms Feltovic 5 to 1 vote A motion to release the bond was made by Mr Manzi, seconded by Ms Feltovic 5 to 1 vote No Recess Public Hearings: 8:10 P. M. Request for Determination of Applicability 901 Johnson Street (Turke)(Merrimack Engineering Services, Inc.) The applicant Eleanor Turke was present Mr Mabon read the legal notice Ms McKay stated the applicant submitted an RDA for the installation of a septic system within the Buffer Zone to a Bordering Vegetated Wetland The septic and pump tanks will be approximately 7V from WF 4A at its closest point The distribution box and leach field is proposed outside of the Buffer Zone A soil stockpile area is also designated outside of the Buffer Zone,just to the left of the driveway The site is located outside of the both estimated and priority habitat The wetland was 1 delineated by Norse Environmental and was reviewed and approved A motion to issue a negative determination with conditions was made by Mr Mabon, seconded by Ms Feltovic Unanimous Abbreviated Notice of Resource Area Delineation 242-1390,210 Holt Road (TBI)(Brown and Caldwell)(cont. from 4/11/07) The applicant William Thompson of TBI and Phil Jagoda of Brown and Caldwell was present Ms McKay stated a site visit was conducted on 5/1/07 with Patrick Seekamp of Seekamp Environmental and it was determined, after several soil test trenches where excavated, the area in question did not exhibit the criteria to be a jurisdictional wetland resource area either under the state of local regulations Seekamp Environmental submitted a report and a copy of his field observations in this regard No further issues A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1396, Lot 1A Beechwood Drive (Albacado Greenland Limited Partnership)(Christiansen & Sergi,Inc.)(cont. from 4/25/07) Tony Capachietti of Christiansen& Sergi, Inc was present Ms McKay stated no comments from DEP Christiansen& Sergi has indicated that the applicant is solely looking for the approval of on site resource areas, excluding any off site boundaries and all associated buffer zones The plans were revised to reflect the above Specifically, additional language was added to note 3 indicating, there is no intent to establish that statutory limits of resource area beyond the boundaries of the subjects property I have no further issues A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous Notice of Intent (s) NACC #29, 12 Bonny Lane (Bonny Realty Trust)(The Neve-Morin Group,Inc.)(cont. from 4/25/07) Donald Borenstien of Johnson& Borenstien, LLC was present Ms McKay stated at the last meeting, the Commission requested further clarity in regards to the utility easement to the rear of the property Specifically, whether the easement was Town easement and whether the existing features within that easement was an issue I met with Tim Willet and he indicated that the easement did not appear to be Town owned Further, Cammett Engineering submitted a deed of the property, which speaks to the easement specifically The deed indicates that John Warlick owns the easement No further issues Mr Lynch stated satisfied with finding on the deed A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1391, 1077 Osgood Street (Angus Realty Corporation)(Lynnfield Engineering, Inc.)(cont. from 4/11/07) The applicants Thomas Yameen and Kenneth Yameen and Richard Barthelmes, P E of Lynnfield Engineering, Inc were present Ms McKay stated comments revised from DEP using STC 4501 as sediment trap/forebay, needs to be sized to accommodate up to 10 year storm The escrow account setup in the amount of$1,000 was posted for outside review Lisa Eggleston' s 1 S`review comments received on 5/4/07 included in packets Lisa and staff have not yet reviewed 2 in depth, however I spoke with Lisa over the phone today and her main outstanding concerns are 1 loss of recharge to the lake losing existing vegetation with pavement she suggests minimizing the footprint of the pavement and adding additional landscaping vegetation She specifically points out that there is a narrow strip between the entrance driveway and the roadway that can be vegetated All dependant on how incremental the loss would be to the watershed water supply She questions whether compensatory recharge should be considered,though not require under any stormwater standard 2 Existing drainage does not meet stormwater standards existing catch basins the new drainage tied to do not have deep sumps and therefore drainage will be untreated prior to discharge, specifically 100' of the new entrance way would flow untreated to the catch basin on Osgood Street other catch basins within property exhibit the same She questions whether the applicant should be upgrade and improve existing drainage systems to meet stormwater standards now while project while this project is being proposed Although a more specific erosion control plan was addressed by the Engineer, she feels that the slope between the proposed parking area and Great Pond Road should be more aggressive and the Commission should ensure that proper erosion controls will be placed at the top of the slope and on the slope to mitigate any possible threat of erosion onto Great Pond Road and subsequently into the wetlands and the Lake She had suggested more aggressive planting scheme be proposed on this slope The revised plans show an existing snow storage area However, this is a clear violation, since the area directly abuts the wetland resource area If the applicant cannot propose an area for snow storage, the O & M plan should reflect snow removal off site An Abutter of the project Mr Frank Ragonese of 1939 Great Pond Road stated there have been multiply violations on this site over the years snow stockpiling flowing right into my back yard and the wetland resource area Also storage of fuel under the trailers in the back of the store and catch basin problem but that has been fixed Mr Masse stated a lot of these concerns been taken care of Mr Ragonese stated yes Ms McKay took care of a lot of the problems out there for me A motion to continue to May 23, 2007 meeting for further review of the project was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1397,350 Holt Road (Crusader Paper Company)(New England Engineering Services, Inc.)(cont. from 4/11/07)(Reguest to cont. to 5/23/07) No one was present Ms McKay stated at the last meeting 4/11/07, the Commission requested escrow to be posted in the amount of$1,000 for outside stormwater review The escrow has not yet posted DEP# issued but still under review The applicant has requested a continuance to 5/23/07 A motion to continue to May 23, 2007 meeting was made by Mr Manzi, seconded by Mr Lynch Unanimous 242-1385, 2009 Salem Street (Juniper Woods Realty, LLC)(Merrimack Engineering Services, Inc.)(cont. from 4/11/07)(Reguest to cont. to 5/23/07) No one was present The applicant requests a continuance to 5/23/07 A motion to continue to May 23, 2007 meeting was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1394, 89 Milk Street (Highview, LLC)(Merrimack Engineering Services, Inc.)(cont. from 4/25/07) John Murphy of Merrimack Engineering Services, Inc and Abutters Mr & Mrs Clayton Martin of 50 Chestnut Street, Mr Francis Smith of 60 Chestnut Street, Charles Galaher of 117 Milk Street, Mr Peter Tomasz of 69 Milk Street was present Ms McKay stated the plans were 3 revised to include an additional 2' x 2' dry laid fieldstone wall on lot#40-1A, a 252 L F 8" cape cod bit concrete berm along the driveway, note indicating No Equalization Drain to be provided anywhere beneath the proposed driveway as discussed and requested No comments from DEP The abutters presented pictures to the Conservation Commission and they accepted the pictures the abutters presented Mr Galaher stated this area is all wetland area skunk cabbage is growing everywhere on the western side of the property The Conservation Commission discussed with the abutter's if they would want to hire their own wetland scientist and meet Patrick Seekamp and Alison on the site to determine if there is hydric soils in this area The abutter' decided to pool money together to hire their own wetland scientist to review the wetland line on the property A motion to continue to June 13, 2007 meeting for further review of the wetland line per abutter's was made by Mr Manzi, seconded by Ms Feltovic Unanimous 242-1392, 812 Salem Street (Carroll)(Merrimack Engineering Services, Inc.)(cont. from 4/11/07) Mr Masse left the meeting recused from voting conflict of interest Mr Manzi stepping in as Chairman The applicant John Carroll, owner William St Cry and John Murphy of Merrimack Engineering Services, Inc were present Ms McKay stated at the last meeting, the Commission requested that escrow in the amount of$1,000 be set up for the outside review of the resource areas Patrick Seekamp of Seekamp Environmental Consulting, Inc , Steven Erickson of Norse Environmental Services, Inc , and myself reviewed the resource areas on May 3, 2007 In general, we substantially agreed with the delineation of both wetland and Riverfront on the site Several minor changes were made and are noted in Seekamp' s report dated May 8, 2007 in packets The plans have been revised to reflect the revisions However, the language on the plan should read the remainder of this lot is entirely Bordering Vegetated Wetland An Additional arrow from this language should be directed to the excluded section of the property to the southwest of the of the directly across from summer street A memo from this office was submitted to Jerry Brown, Inspector of Building and Zoning Enforcement Officer on May 2 for his opinion as whether the lots are building able in accordance with the CBA zoning requirement Mr Brown requested CBA calculations were from the engineer in order to give an opinion on the matter These calculations were requested last week but just submitted this morning Therefore, Mr Brown was not able to provide the appropriate opinion in this regard in time for tonight' s discussion The applicant's attorney has also provided Mr Brown his interpretation of CBA as it applies to these lots and is of opinion that Riverfront Area does not apply to the CBA regulation An existing conditions plan was also provided as requested Still under review with DEP A motion to continue to May 23, 2007 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous Mr. Albert P. Manzi left the meeting at 9:35 P. M. Mr. Scott L. Masse returned to the meeting at 9:35 P. M. 4 t 242- , 575 Osgood Street (Edgewood Retirement Community, Inc.)(Nitsch Engineering) Steve Ventresca of Nrtsch Engineering and Sandy Brock of Nrtsch Engineering and Curtis Young of Wetland Preservation, Inc , Steven Nevis, Robert W Lavoie, of Devine Millimet Attorneys a Lawyer were present Mr Mabon read the legal notice Ms McKay stated the filing is for the construction of a roadway and new cottage units and a greenhouse, improvement to an existing gravel drive, renovation of 2 existing dwellings and associated grading within the Buffer Zone to several Bordering Vegetated Wetlands, associated bank to intermittent stream/drainage channels and a local Isolated Vegetated Wetland at the existing Edgewood Retirement Facility An ORAD was issued on December 15, 2006 for the confirmation of the wetland boundaries 242-1375 The existing conditions plan is same as the approved ORAD plan The project consist of a total of 18 new cottages, renovations to 3 existing buildings, associated landscaping, walkways, patios,porches, utilities, stormwater, and grading The site is located just outside watershed protection district and is just located outside of a NHESP priority habitat area The work is proposed within the 25-foot No-Disturbance zone and the 50-foot No-Build zone one new structure and five driveways within the 50-foot No-Build zone and entrance drive, utilities and associated grading within the 25-foot No-Disturbance zone The existing gravel drive within the 25' & 50' buffer zone will be upgraded with a bituminous concrete surface The improved way will be designed so all runoff will pitch away into treatment swales along the southern edge of the road The existing gravel way leading to the Half Mile Hill will be maintained A waiver request and an alternatively analysis were not submitted with the application This must be submitted The O & M plan and drainage calculations submitted Additional erosion control language, during and after construction maintenance language, and O & M plan notes are included on Sheet C3 01 The plans do not show measurements from buildings and associated porches and patios to the resource area Measurements should be included at several locations for units H8, H9, H10, H11, H12, G2, G3, G4, G5, and G6 Additional erosion controls should be added and extended in several locations exact locations can be discussed with the Engineer The erosion controls should wrap around the existing barn since it will be removed sheet C3 01 The area should then be appropriately mitigated, as it is within the 25-foot no-disturbance zone This should be clearly proposed and identified on the plan Staff has not yet reviewed the stormwater, O & M plan or the landscaping plan identify proposed mitigation areas or additional mitigation areas for proposed impacts to 25' and 50' setbacks Staff has not yet analyzed locations for where physical barriers along 25' no-disturbance zone may be appropriate Set up escrow account for third party review drainage review No file # from DEP Ms Brock stated the ash tree would be saved 18-feet fire lane for the Fire Department also the new stormwater technology Bioretention it is a basin which hold bark mulch then sand, and loam based 60% sand 20% loam planting material under drain air rated no water standing There would be plantings planted up top to Bioretention unit if water on top the unit would have failed Mr Lynch stated I know DEP has been trying to work on the stormwater policy for the State of Massachusetts Thomas McGuire reviewing pilot programs with new technology of the stormwater policy since 1996 Massachusetts has a pilot program going on now but what comes of it we will have to wait There should test pits conducted on the site Mr Lynch stated O & M Plan would have monitoring yearly reports then when project closed for COC on going condition would be for perpetuity on this property Mr Young stated the restoration plan shrubs, mowing two times a year of the meadow, stone wall requirement Mr Lynch stated study this closely so there is no flooding of any of the neighbors in this area because of the pavement in the area may cause flooding somewhere else Mr Mabon stated definitely need some barriers presented for this 5 project where work is being done within the 25-foot and 50-foot plantings, stonewalls so landscapers and homeowners do not throw leaves and debris into the wetland resource areas this must be something we can enforce This project has many areas that are very close the 25-foot No-Disturbance zone The Conservation Commission needs to protect the wetland resource areas Mr Napoli stated the milk barn would stay within the same footprint Ms Brock stated yes the milk barn building restoration would be in the same footprint A motion to set up escrow account in the amount of$3,000 for drainage review by third party was made by Mr Lynch, seconded by Ms Feltovic Unanimous A motion to continue to May 23, 2007 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous Decision NACC#29, 12 Bonny Lane Ms McKay stated bond amount set at $3,000, environmental monitor weekly, staked foundation plan, wetland markers A motion to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Mabon Unanimous A motion to adjourn the meeting at: 11:05 P. M. was made by Ms. Feltovic, seconded by Mr. Mahon. Unanimous. 6