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HomeMy WebLinkAbout2007-06-27 Conservation Commission Minutes r� t Conservation Commission Meeting Minutes June 27,2007 Members Present: Scott L Masse, Chairman, Albert P Manzi, Jr , Vice Chairman, John J Mabon, Deborah A Feltovic, Sean F McDonough, Louis A Napoli Members Absent: Joseph W Lynch, Jr Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Meeting came to Order at: 7:11 P. M. Quorum Present. Pledge of Allegiance General Business 242-1348, COC Reguest, 126 Old Farm Road (Dunn)(Giles Surveying) The applicant Mr Dunn was present Ms Merrill stated the Order of Conditions was issued in March of 2006 for the installation of an in ground pool, patio, cabana and fence with the Buffer Zone to a Bordering Vegetated Wetland The applicant retained Richelle Denney as the Environmental Monitor and reports were submitted throughout construction The project was built in accordance with the approved plan with the exception that cabana was eliminated from the scope of work The wetland markers were placed upgradient of the wetland line, as portions of the 25-foot No-Disturbance zone has been historically maintained as mowed lawn Measurements were taken and confirmed in the field Additional landscape plantings were added to the backside of the pool A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1369, COC Request, 125 Lancaster Road (Sklar)(Marchionda) The applicant Mrs Sklar was present Ms Merrill stated the Order of Conditions was issued in September of 2006 for the installation of an in ground pool, patio, and fence within the Buffer Zone to a Bordering Vegetated Wetland The applicant retained Richelle Denney as the Environmental Monitor and reports were submitted throughout construction The pool was built in accordance with the Order and most recently approved plan Measurements were taken in the field and were found to be consistent with the as-built and approved plan All disturbed areas are stable A motion to issue the COC and release the bond was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1377, Modification Request, 95 Old Cart Way (Murtha)(Giles Surveying) No one was present Ms McKay stated the applicant is requesting a modification to the proposed retaining wall at the project site A modified sloped retaining wall is being proposed instead of the typical vertical type retaining wall surrounding the proposed work construction of an in- ground pool, Jacuzzi, cabana, storage shed, fence and associated landscaping features The project construction has not commenced the modification is being requested prior to construction Mr Masse stated did the applicant send in the letter requesting a modification and 1 what condition does he want to modify A motion to continue to July 11, 2007 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous Nan's Trail proposal for boardwalk replacement. Chris Ward of Superintendent Andover/North Andover Management Unit The Trustees of Reservations Ms Merrill stated I, and Mr Mabon has been working with the Trustee of Reservation and the Friends of North Andover Trails I would let Chris Ward make his presentation to the Conservation Commission Mr Ward stated the impetus of Nan' s Trail project is a donated of land, the Stevens Property, and financial resources to build a memorial trail between the North Andover Common and Academy Road In addition, the acquisition of Stevens Property and future construction of Nan' s Trail are stepping stones for the construction of a longer corridor trail between The Stevens-Coolidge Place and Weir Hill Reservation, both properties of the Trustees of Reservations They are also popular open space destinations for residents of North Andover, surrounding communities and the Commonwealth This larger project would effectively link The Stevens-Coolidge Place,North Andover Common, town beach at Stevens Pond and Weir Hill boardwalk trial through red maple swamp on Stevens Property Later phases will consist of extending the trail from Academy Road to Weir Hill Mr Manzi stated the Conservation Commission is doing way to many Enforcement Orders for different projects in The Town of North Andover there should be some record keeping on these filing like NACC# or RDA, also you should be using treks no chemicals in the treks but pressure treated lumber has chemicals in the lumber plus it would riot out after a while being laid on the ground Mr Mabon stated the work should be allowed under an Enforcement Order Ms Merrill stated that I, and Mr Ward walked the site last week and the area was very dry not wet at all The work would be done between July and October in the driest months of the year Mr Mabon stated when the work is going to start they can contact Conservation Staff and they can monitor the site once a week while the work is being done it would take about four months Mr. McDonough arrived at the meeting at: 7:34 P. M. Vote to Endorse the Public Lands Preservation Act (PLPA S.542 aka the Article 97 Bill aka the No-Net-Loss Bill) Mr Manzi stated I have reviewed with what the bill is about MACC just wants see how many Conservation Commissions in the state would approve the bill A motion to endorse the bill was made by Mr Manzi, seconded by Mr Mabon Unanimous Decisions done during General Business 242-1391, 1077 Osgood Street, Ms McKay stated the bond amount set at $10,000, environmental monitor, no snow stockpiling only to front of the parking temporary, no-salt no-snow stockpiling signs on the site, wetland markers required in the sensitive areas, condition 480 for perpetuity on the property, O & M plan, and monitoring of drainage structures installed in new parking lot for 2 years A motion to accepted the Order of Conditions as amended was made by Mr Manzi, seconded by Mr Napoli Unanimous 2 242-1400, Harold Parker Road and Middleton Road, Ms McKay stated bond amount set at $1,000, no work should start till between July thru October, environmental monitor on site all the time while work is being done, follow Natural Heritage requirements A motion to accept the Order of Conditions as drafted was made by Mr Napoli, seconded by Ms Feltovic Unanimous No recess Public Hearings 8:10 P. M. Request for Determination of Applicability 534 Boston Street, (Petralia)(New England Engineering Services, Inc.) Ben Osgood, Jr of New England Engineering Services, Inc was present Mr McDonough read the legal notice Ms Merrill stated this filing is for the replacement of septic system within the Buffer Zone to a Bordering Vegetated Wetland The leaching field and force main are proposed entirely outside of the Buffer Zone The portion of the wetland boundary that is relative to the project is located on the neighbor' s property The erosion controls placed in appropriate location The area is not located within estimated habitat The conditions are pre-construction meeting and post construction meeting A motion to issue a negative determination with conditions was made by Mr Manzi, seconded by Ms Feltovic Unanimous 586 Osgood Street, (Berberian)(Land Engineering & Environmental Services, Inc,) The applicant Mrs Berberian was present Mr McDonough read the legal notice Ms Merrill stated the filing is for the construction of a 20 x 24' deck to an existing single-family dwelling The existing deck will be removed in order to construct the new deck The wetlands were flagged by Norse Environmental and were approved by this department The deck is being proposed approximately 84 5' from the wetland at its closest point The construction of the deck would not require any grading or removal of any vegetation, except for existing turf The erosion controls are not proposed for several reasons the 4-sonotubes will be dug by hand, distance to the Bordering Vegetated Wetland from low, and the flat topography The area is not within estimated habitat The conditions would be pre-construction and post-construction A motion to issue a negative determination with conditions was made by Mr Manzi, seconded by Ms Feltovic Unanimous Notice of Intent (s) NACC#31 15 Timber Lane (Johnson & Borenstein,LLC)(The Neve-Morin Group, Inc.)(cont. from 6/13/07) Greg Hochmuth of The Neve-Morin Group, Inc was present Ms McKay stated the plans have been revised to incorporate a boulder wall along the 25-foot No-Disturbance zone A wall detail was also included on the plan Note the wall will be located within the existing wooded areas and may require disturbance of theses areas for installation The revised plans also a note indicating removal of the existing shed, removal of the patio within the 50-foot No-Build zone, and the addition of a small pool shed on the pool decking The Neve-Morm Group, Inc also indicates that the applicant is willing to agree to a condition that would prohibit maintenance within the 3 no-disturbance area As stated previously, staff recommends either buffer zone enhancement within the maintained 25-foot No-Disturbance zone or allowing the area the re-vegetate naturally A motion to close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr McDonough Unanimous 242-1400, Harold Parker Road and Middleton Road (DCR)(Vine Associates,Inc.)(cont. from 6/13/07) Peter Williams of Vine Associates, Inc was present Ms McKay stated Natural Heritage has completed their review The project occurs within the habitat of the Blanding' s Turtle Natural Heritage states that the project as proposed will not adversely affect the actual habitat of the turtle However,Natural Heritage finds that the project must be conditioned and the applicant must adhere to these conditions below in order to avoid a prohibited take of the turtle in accordance with the Massachusetts Endangered Species Act regulations All work must be done during the active season of the Blandmg' s Turtle May 1 thru October 1 If this is not possible, then a detailed plan avoiding direct harm to the Blandmg' s Turtle during construction activities must be developed and submitted to Natural Heritage for review Prior to construction, a qualified biologist with pre-approval from Natural Heritage must remain on the roadway and should not enter the wetland Further,Natural Heritage notes that all work subject to the anti- segmentation provisions 321 CMR 10 16 of Massachusetts Endangered Species Act and states that Natural Heritage supports and recommends compliance with size recommendations for culvert replacement in the stream crossing standard guidelines Mr Manzi stated the work should be done in July and August dry months A motion to close and issue a decision within 21 days was made by Mr Manzi, seconded by Mr Napoli Unanimous 242- , New England Power Company Right of Way Easement-(New England Power Company)(cont. from 6/13/07)(Reguest to cont. to 7/11/07) No one was present Ms McKay stated a meeting was held with TRC to discuss appropriate revisions and filing requirements The applicant has requested a continuance to the meeting of 7/11/07 to work on revised plans and submittal information Abutters re-notified of the 7/11/07 public hearing date A motion to continue to July 11, 2007 meeting was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1385, 2009 Salem Street(Guy & Carol Richards)(Merrimack Engineering Services, Inc.)(cont. from 5/23/07)(Reguest to cont. to 7/11/07) No one was present Ms McKay stated the drainage review comments were received from Lisa on March 30'h The review letter is seven pages with many items needing to be addressed The letter included in packets Abutters were re-notified since owner is now the applicant of the project Plans are still being revised to meet Natural Heritage The Planning Board is requesting that the applicant withdraw the application without prejudice A motion to continue to July 11, 2007 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 4 242-1397, 350 Holt Road (Crusader Paper Company)(New England Engineering Services, Inc.)(cont. from 5/23/07) Ben Osgood, Jr of New England Engineering Services, Inc was present Mr Osgood stated I am requesting a continuance to address Lisa Eggleston' s comments A motion to continue to July 11, 2007 meeting was made by Mr Manzi, seconded by Mr Napoli Unanimous 242-1398, 575 Osgood Street (Edgewood Retirement Community,Inc.)(Nitsch Engineering)(cont. from 5/23/07)(Reguest to cont. to 7/11/07) No one was present Ms McKay stated the revised plans and documents received last Thursday large packets Lisa had time for preliminary review comments, which were submitted late day The staff has not been able to complete a revised review given the amount of information recently received and the numbers of other projects in progress The applicant has requested a continuance to the meeting 7/11/07 A motion to continue to July 11, 2007 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1401, Lot 2 Forest Street(Plasinski)(Professional Land Services)(cont. from 6/13/07) The applicant Paul Plasmski and William Holt of Professional Land Services and Town Counsel Thomas J Urbelis was present Ms McKay stated still under review from DEP The applicant' s attorney submitted a letter arguing submission of the application to Natural Heritage The argument, is presented in regards to the potential vernal pool, which is not the purpose of submission to Natural Heritage, as of October 1, 2006 this filing is within Estimated Habitat whereas it was not before, therefore the reason for Natural Heritage review as required by statue I thought I had clearly educated the applicant in this regard following the last meeting I don't believe the Commission can exempt or excuse the applicant from the current state regulatory requirements The abutter at 26 Long Pasture has concerns with potential increase of hydrology to the pond in the rear I spoke with another abutter who has concerns with water flowing off site from the proposed driveway, increasing flows elsewhere Mr Plasinski stated I have not filed with Natural Heritage because these extra filing were supposed to be waiver from these problems per the signed agreement Mr Urbelis stated you couldn't get a waiver from the requirement of the State of Massachusetts A motion to continue to August 8, 2007 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1399, Lot 3 Berry Street (Stack)(Christiansen & Sergi, Inc.)(cont. from 5/23/07) Phil Christiansen of Christiansen& Sergi, Inc was present Ms McKay stated at the initial public meeting, no evidence by the applicant's representative was presented Phil Christiansen requested a continuance in order to have a full Commission represented The Commission indicated that a third party wetland line review was necessary if there was not an agreement on the delineation The escrow has been posted in the amount of$1,000 for third party wetlands review and Mr Christiansen gave the okay for Patrick Seekamp to conduct the review A review of the delineation was conducted on Friday, June 6th with Patrick, Leah, and myself and an additional change was made Seekamp has submitted a report detailing the review and plans have been revised with the revisions as agreed by all parties The plans were also revised as to comply with both the 25-No-Disturbance zone and 50-foot No-Build zone setbacks since house will connected to sewer at Route 114, therefore eliminating the septic system As a result, the proposed well was relocated outside of the wetland resource area and outside of the 25' no- disturbance zone The revised plans comply with Conservation setbacks, but zoning setbacks 30' 5 front 30' side The house is located at 50 6 feet from the resource area at its closest point A detail of the well should be shown indicating depth to installation Dewatering necessary during construction In a letter dated June 11, 2007,Natural Heritage has determined that the project as currently proposed will not adversely affect actual habitat of state protected rare species and that the project not result in a prohibited take under Massachusetts Endangered Species Act The changes to the proposed project should be resubmitted to Natural Heritage Mr McDonough stated there should 2-foot high dry set stonewall along the 25-No-Distrubance zone A motion to continue to August 8, 2007 meeting so can apply to the Zoning Board of Appeals was made by Ms Feltovic, seconded by Mr Napoli Unanimous Mr. Albert Manzi left the meeting at: 9:24 P. M. 242-1394, 89 Milk Street (Highview, LLC)(Merrimack Engineering Services, Inc.)(cont. from 6/13/07) The applicant Robert Ahern of Highview, LLC, and Michael Seekamp of Seekamp Environmental Consulting, John Murphy of Merrimack Engineering Services, Inc , Thomas Hughes of Hughes Environmental, An Abutter' s Mr & Mrs Martin of 50 Chestnut Street, Mr Frances Smith of 60 Chestnut Street, and Mr Peter Tomasz of 69 Milk Street were present Ms McKay stated at the last meeting, the Commission suggested meeting Michael Seekamp at the site for a mutual agreement with regards to the wetland boundary I met with Mike Seekamp at the site and a data plot was chosen by myself and was transected 36' from A-14 and 15' from A- 12, which placed the transect within this area in question to the rear As a result of the analysis, number dominant plants comprised of 50% Soils were also determined to be non-hydric Therefore, the area is not a wetland resource area as questioned previously In addition to the data plot, other areas along the wetland boundary were analyzed and were determined to be consistent with the approved boundary as shown on the plan Robert Atwood, the adjacent abutter, had given me verbal permission to walk his property, but only in the area of the ditch/stream channel He indicated that he did not wish for me to go much further than that Mr Atwood spoke to Michael and I during our inspection and at that time gave us verbal permission to take a soil sample of the potential wet meadow area on the property An initial soil plot was taken and determined to exhibit non-hydric soils A second soil plot was taken further down gradient and was determined to exhibit hydric soils in conjunction with the wet meadow vegetation present Upon this determined that the area was and Isolated area of more than 1,000 s f in size local jurisdictional wetland resource area The wet meadow is located approximately 45' beyond the northerly property boundary Another wet meadow area is likely located approximately 100' beyond the eastern side of the property boundary on Atwood property as blue flags observed in the open meadow While to 100-foot buffer zones to these and other off property wetland resource areas fall within the project site, these buffer zones would not appear to impact the proposed work Michael and I mutually agreed on the findings stated above I have nothing further for now Mr Seekamp stated the ORAD is good for three years The Conservation Commission discussed about hiring outside consultant for a third party review on this site An Abutter Mr Martin stated we hire a consultant to verify the wetland line but he cannot get permission from the owner to go onto to the property Mr Mabon stated did stream static done on the site could be high ground water in this area A motion to set up escrow account for third party review in the amount of$1, 000 for West Environmental wetland review on this 6 site was made by Ms Feltovic, seconded by Mr Napoli Unanimous A motion to continue to July 11, 2007 meeting was made by Mr McDonough, seconded by Ms Feltovic Unanimous Decisions Scott Masse left the meeting because of a conflict of interest. Deborah Feltovic was acting Chairman 242-1392, 812 Salem Street, John Murphy of Merrimack Engineering Services, and William St Cyr and family were present Ms McKay stated the bond amount set at $8,000, condition#39 staking corners of foundations, environmental monitor, annual mowing of the meadow, wetland markers, erosion controls, deed restriction for no-snow stockpiling on site A motion to accept the Order of Condition as drafted was made by Mr McDonough, seconded by Mr Mabon Unanimous Mr. Masse returned to the meeting. 242-1382, 1812 1830-1830 Turnpike Street. A motion to reopen the hearing about the fence requirement was made by Mr Napoli, seconded by Ms Feltovic Unanimous Ms McKay stated the bond amount set at $20,000, wetland markers along edge of the 25-foot No-Disturbance zone,No-Salt and No-Snow Stockpiling signs, buffer zone enhancement, Construction sequence, stormwater pollution prevention, O & M Plan included, as-built plan, foundation plan, additional fence on top of the retaining wall 6- feet high to protect from trash flying all over the wetland resource areas A motion to close and issue a decision within 21 days was made by Mr McDonough, seconded by Mr Napoli Unanimous A motion to accept the Order of Conditions as drafted was made by Ms Feltovic, seconded by Mr Napoli Unanimous A motion to adjourn the meeting at: 10:30 P. M. was made by Ms. Feltovic, seconded by Mr. Mahon. Unanimous. 7