HomeMy WebLinkAbout2007-09-12 Conservation Commission Minutes Conservation Commission Meeting Minutes
September 12, 2007
Members Present: Albert P Manzi, Jr , Chairman, Scott L Masse, Vice Chairman, Joseph W
Lynch, Jr , John J Mabon, Louis A Napoli
Members Absent: Deborah A Feltovic, Sean F McDonough
Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill,
Conservation Associate, Donna M Wedge, Conservation Secretary
Present at meeting Drake Lucas of the Eagle Tribune.
Scott L. Masse, Vice Chairman arrived at the meeting at: 8:09 P. M.
Curt Bellavance the Director of the Community Development
Division arrived at the meeting at: 8:30 P. M.
Meeting came to Order at: 7:15 P. M. Quorum Present.
Pledge of Allegiance
General Business
242-1300, Request for Partial Bond Release, 95 Winter Street (H&S Realty Trust)(Atlantic
Engineering)
No one was present Ms Merrill stated the Order of Conditions was issued in May 2005 for
construction of a single-family dwelling within the Buffer Zone to a Bordering Vegetated
Wetland The 12 90-acre lot is located within the Watershed Protection District The filing is
associated with 242-1309 driveway and roadway and same conditions apply The other filing
requires Buffer Zone enhancement for work within the 25-foot No-Disturbance zone Restoration
activities were placed adjacent to the house Therefore, restoration conditions were mentioned in
the Order The applicant is requesting a bond release of$6,500 of the total $7,000 that was
posted between the 2 filings Prior to the commencement of work, the lot was sold to another
developer and appropriate affidavit was submitted The $3,000 bond was posted prior to
beginning of work Atlantic Engineering was retained as the new engineer and Environmental
Monitor for the project The monitoring reports were submitted during construction To date,the
house and new owners have signed the affidavit attached to the Order of Conditions An as-built
plan accompanied the request and the site inspection revealed that the house was built in
accordance with approved plan Measurements were taken in the field to confirm this All
disturbed areas were seeded and the grass has germinated nicely There is no evidence of erosion
towards the erosion control line The restoration plantings were installed earlier in the summer
and required 2 consecutive years of monitoring The planting appears to be thriving and doing
well As such, a COC cannot be requested at this time However, the plantings has taken very
well and shows no signs of any stress or die back The remaining performance bond would be
sufficient should the plantings need to be replaced and held until the COC is issued Mr Manzi
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stated how many plants were required to be planted Ms Merrill stated 20 plants needed to be
planted dogwoods and hemlocks the plantings are doing very well the hemlock is about 5-feet
tall The Conservation Commission was discussing the partial bond amount they agreed to hold
$lK for this filing and $IK for 242-1309 A motion to issue a partial bond release in the amount
of$2,000 was made by Mr Lynch, seconded by Mr Napoli Unanimous
242-1309,Request for Partial Bond Release,Winter Street Driveway & Roadway (H&S
Realty Trust)
No one was present A motion to issue a partial bond release in the amount of$3,000 was made
by Mr Lynch, seconded by Mr Napoli Unanimous
242-1159, COC Request, 365 Johnson Street (Pelich)(New England Engineering Services,
Inc.
Thomas Hector of New England Engineering Services, Inc was present Ms Merrill stated the
Order of Conditions was issued in August of 2002 for construction of portions of a driveway and
utilities within the Buffer Zone to a Bordering Vegetated Wetland The majority of the driveway,
grading and the entire single-family dwelling are located well outside of the buffer zone The
most recent applicant/landowner retained Richelle Denney of Arrow Environmental as the
Environmental Monitor and reports were submitted throughout construction The single-family
dwelling was built 840 s f smaller and was shifted further from the wetland by 163' that what
was originally proposed The previous owner had illegally cleared areas within the 25-foot No-
Disturbance zone and 50-foot No-Build zone Even though not specific in the Order except for
identifying the enhancement plan The Planning Board and North Andover Conservation
Commission required the landowner/applicant to restore those areas Since there was significant
lapse in time from when Leeman sold property Joseph Pelich, this disturbed area rebounded with
dense shrubbery During a site meeting Joe, Richelle, Lincoln& Myself it did not make sense to
remove non-invasive healthy shrubs in order to replant it We all agreed that the restoration could
be remove non-invasive healthy shrubs in order to replant it We all agreed that the restoration
could be removed closer to the limit of work to create a thick barrier along the Conservation
Zone This was done and has worked out nicely The wetland markers were placed on the 75-foot
Conservation Zone The new homeowner maintains this No-Disturbance Zone and has enhanced
it with bird feeders All disturbed areas are stable against erosion and erosion controls were
removed Affidavit from the new homeowners was submitted The site is totally stable no
erosion A motion to issue the COC and release the bond was made by Mr Lynch, seconded by
Mr Napoli
Small Pro 0ect-NACC #33,325 Berry Street (Burke)
The applicant Mr & Mrs Burke was present Ms Merrill stated this is a 4 4 A replacement of
existing deck 8' x 10' to install a 12' x 16' deck all hand dug sono tubes very level back yard the
project at the closest point is 54-feet from the wetland line the Order would expire as of
December 31, 2007 The material would be removed off site A motion to ratify as-drafted as a
small project was made by Mr Lynch, seconded by Mr Mabon Unanimous
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Enforcement Order Ratification
Weir Hill Fire Management
Christ Ward of Trustee of Reservation was present Mr Manzi stated we had very long
discussion about this not to long ago I am fine what the Trustee of Reservation wants to do as a
Vegetated Management Plan we should have an Enforcement Order open ended for this purpose
A motion to ratify the Enforcement Order was made by Mr Lynch, seconded by Mr Napoli
Unanimous
Discussion of 7 Day Rule on revised submittals
Mr Manzi stated the 7-day rule was put in Bylaw because gives abutters time to review new plan
revision to a project Mr Lynch stated the 7-day rule has to stay because would huge problem for
abutter review of the projects and for staff to have time to review new information If the
applicant is not responding we should know about that and we can deny the project
Recess 11 Minutes
Public Hearing at: 8:02 P. M.
Hunting at Half Mile Hill
Abutters present Barbara Hartrich, Chair of Family Cooperative Preschool Board of Directors,
Susan Welch of 549 Osgood Street, and Nancy J Melia and Mario Riccio of 523 Osgood Street,
Silvia Stephenson of Family Cooperative Preschool were present Mr Mabon stated three site
walks were conducted on these three parcels of Open Space Present Jack Mabon-Conservation
Commission, Open Space Committee, Half Mile Hill Hunting Subcommittee, Patricia Huckery,
Northeast Wildlife District-Division of Fisheries & Wildlife, Chris Bowe-local
Naturalist/Ecologist/Conservationist with historical knowledge of the area Also avid hunter but
has no vested interest other biodiversity and forest ecology/health, Alison McKay—
Conservation Administrator Ms Huckery stated that if you see the deer on a particular property,
there are usually a lot of deer in the area Many dung beetles were observed along the trails,
which indicate deer When deer populations range within 20-30 per square mile, you observe the
vegetative impacts Fisheries & Wildlife want to see deer population low because of ticks and
lyme disease as well as property management Trustees of Reservation and Greenbelt get it
understand good conservation/ecology/management overall condition of the property would be
fair observes minimal to no under story layer Ms Huckery confirmed Mr Bowe observations as
described above
North Andover Open Space Rules and Regulations
1 Hunting is restricted to Bow Hunting of both male and female deer within hunting parcels
within this recommendation No dischar1le of firearms is permitted on Half Mill Hill,
Half Mile Summit, and SunnyRidge the hunting parcels at any time for any reason
2. Discharge a bow from 600-feet of the Family Daycare Pre-School is strictly
Prohibited.Notice of this prohibition will be posted on the 600-feet set-back line during
each hunting season by the North Andover Conservation Department
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3 Bow Hunting will be permitted on the hunting parcels throughout the entire deer hunting
Season, including bow, shotgun and muzzleloader seasons
4 Only duly licensed hunters with current Massachusetts hunting licenses will be granted
license to hunt on the hunting parcels Hunting activities are limited to a maximum of
three active hunters at any given time, as assigned by Conservation Office
5 Interested hunters must apply at the North Andover Conservation Office for
consideration for one-week licenses issued by North Andover Conservation Commission
Prospective hunters may apply for multiple one-week licenses within the current
Hunting season First preference will be granted to hunters who are current residents
of North Andover Out-of-town applicants may be granted one-week license to hunt
on the parcel if any openings remain after in-town applicants
6 In-town residents may apply for one-week hunting licenses on the hunting
parcels at the North Andover Conservation Office between the hours of 9 00 A M
and 3 00 P M during the first two full weeks in October Out town applicants
may apply during similar hours during the second full week in October
7 All hunters who apply for consideration to hunt on the parcel must present
a current and valid Massachusetts hunting license for photocopying, along
with their vehicle information, including the make, model, color, and registration
number of their vehicle used for hunting activities
North Andover Trails & Open Space Rules and Regulations
❖ The Open Space parcels are opened from sunrise to sunset
❖ Stay on the marked trials to prevent disturbing the Wildlife and damage vegetation
❖ Littering and dumping is strictly prohibited Carry out anything you carry in
❖ Do not disturb or damage any natural resource, historical feature, or Town Property
❖ Dogs shall be leased at all times and kept on the trials so they do not disturb the Wildlife
and damage vegetation
❖ Be sure to pick up your dog's waste and dispose of it properly
❖ Hunting and trapping are permitted on the properties listed in the table below, subject to
state and local laws During the hunting season, signs are posted at properties where
hunting is permitted
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❖ Carter Hill, Bradford Street (27 acres)
❖ Mazurenko Farm Conservation Area, Bradford Street(104 5 acres)
❖ Half Mile Hill and Summit and SunnyRidge off Osgood Street (67 acres)
❖ Bruin Hill (part of Foster Farm), off Foster Street (21 acres)
❖ Town Farm/Town Forest off Dale Street, South Bradford Street, and Carriage Chase
Road (158 93 acres) NOTE: BOW HUNTING ONLY
❖ Foxwood Subdivision Open Space, off Weyland Circle (33 acres)
Be aware of hunting seasons and wear blaze orange when appropriate
❖ Alcoholic beverages are strictly prohibited on Town property
❖ Motorized vehicles are strictly prohibited on Town property
❖ Fires are strictly prohibited on Town property
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❖ No camping or overnight use on Town property unless otherwise authorized by North
Andover Conservation Commission
❖ No person shall conduct any commercial, or special activity or event upon Town owned
lands or waters without first obtaining written permission from the Conservation
Commission
❖ All Massachusetts State and Federal hunting and trapping laws are enforceable to their
fullest extent Contact the North Andover Police Department at 978 683 3168 or Mass
Wildlife at 978 263 4347 and/or the Conservation Department at 978 688 9530 to report
any violations
A motion to accept the Rules & Regulations as drafted was made by Mr Mabon, seconded by
Mr Lynch Unanimous
A motion to accept the Trails & Open Space as amended was made by Mr Lynch, seconded by
Mr Napoli Unanimous
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Request for Determination of Applicability
115 Cricket Lane, (Simon)(Norse Environmental Services, Inc.)
The applicant Mrs Debra Simon and Steve Erickson of Norse Environmental Services, Inc was
present Mr Mabon read the legal notice Ms Merrill stated the applicant filed an RDA as a
result of a rejected building permit application The applicant will be razing the existing deck to
build a 3`d stall garage 16' x 22' with associated utilities within the Buffer Zone to the adjacent
Bordering Vegetated Wetland Additionally, the existing driveway will be extended in order to
access the 3`d stall The existing topography is flat, therefore, minor grading is proposed The
addition is being proposed 66 5' from the Bordering Vegetated Wetland at the closest point and
is separated from the wetland by lawn and a retaining wall Norse Environmental delineated the
edge of the Bordering Vegetated Wetland and was confirmed by this department The erosion
controls adequately proposed The subject property is located outside of estimated habitat
Conditions, pre-construction and post construction inspections, installation of erosion controls
per plan A motion to issue a negative determination was made by Mr Lynch, seconded by Mr
Masse Unanimous
Abbreviated Notice of Resource Area Delineation
242-1411, Lot 4 Granville Lane (Farr)(New England Engineering Services, Inc.)
Thomas Hector of New England Engineering Services, Inc was present Mr Mabon read the
legal notice Ms McKay stated confirmation of the wetland resource area boundaries only The
resource areas consist of a Bordering Vegetated Wetland and a non jurisdictional Isolated
Vegetated Wetland The resource areas flagged by Ben Osgood, Jr this August The Bordering
Vegetated Wetland traverses east and north of the site Bordering Vegetated Wetland boundary
at headwall channelized, and then widens out The applicant is requesting that only the front
portion of the Bordering Vegetated Wetland boundary is approved flags Al through A8
reviewed and approved New England Power Company Easement traverses through a significant
portion of the lot east and north Isolated Vegetated Wetland is approximately 802 s f in size
and therefore non jurisdictional 1,000 s f The Isolated Vegetated Wetland appears to have been
formed as a result of dug foundation hole? This is a disturbed area of sand soil within the
Isolated Vegetated Wetland Nevertheless, since difficult to analyze and close to 1,000 s f
threshold, recommend a quick third party review to confirm whether no jurisdictional $300
should be sufficient A motion to set third party review in the amount of$300 was made by Mr
Masse, seconded by Mr Lynch Unanimous A motion to continue the September 26, 2007
meeting was made by Mr Masse, seconded by Mr Mabon Unanimous
Notice of Intent (s)
242-1402, Lot 2 Forest Street(Plasinski)(Professional Land Services)(cont. from 6/27/07)
The applicant Mr & Mrs Paul Plasinski was present Mr Plasinski stated the cost of Natural
Biologist has become very costly and in 2001 the site was not within estimated habitat Natural
Heritage Mr Lynch stated told the applicant to submit information to Natural Heritage and fight
the battle with them the Conservation Commission cannot do a waiver with involvement the
State of Massachusetts Mr Masse stated there is no brakeage of the signed agreement with the
Conservation Commission Mr Masse stated that Towne Counsel per the agreement the
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applicant would have to re-file with Conservation Commission per the agreement signed there
has be brakeage of the agreement The Conservation Commission discussed the continuance to
November 14, 2007 meeting they would continue every other week so the applicant would not
have to re-advertise a legal notice again The applicant would not have show up at continued
meeting till November 14, 2007 A motion to continue to September 26, 2007 meeting was made
by Mr Lynch, seconded by Mr Masse Unanimous
242-1403, 22 Woodlea Road (Garcia)(New England Engineering Services, Inc.)(cont. from
8/22/07)
The applicant Eugene Garcia and Thomas Hector of New England Engineering Services, Inc
was present Ms McKay stated at the last meeting, the Commission required the applicant was to
bring the site into compliance prior to further discussion on the proposed project The applicant
was to complete compliance activities prior to the public hearing or the Commission would
impose fines set forth in an amended Enforcement Order The applicant opted to install a dense
vegetated barrier instead of a wall A planting plan scheme was implemented at my direction and
revised plans in packets, note planting area is shady Hawthorns or other shade intolerant species
would not survive Then species chosen should be suitable as an intended barrier upon full
growth The shed was removed, the remaining mulch area within the 25-foot No-Disturbance
zone was pushed out of the no-disturbance area zone and the plants were installed 9/10/07 An
inspection was conducted today 9/12 to verify compliance and I have confirmed that all previous
violations have been adequately addressed and am satisfied I believe that the applicant wishes to
continue to next meeting in order to make revisions to the plan and proceed with the project
application A motion to continue to September 26, 2007 meeting was made by Mr Masse,
seconded by Mr Napoli Unanimous
242-1397, 350 Holt Road (Crusader Paper Company)(New England Engineering Services,
Inc.)(cont. from 7/25/07)
Thomas Hector of New England Engineering Services Inc was present Ms McKay stated letter
from Lisa Eggleston, which indicates that the revised submission satisfactorily address all of the
outstanding issue identified in her last letter, with exception the following minor comments 1
The outlet invert from Stormtech unit should be labeled on the plan-plans have been revised to
reflect this change and 2 The applicant has indicated that detention basin will be loamed and
seeded the Commission may want to consider requesting either that suitable wetland/facultative
vegetation be planted at the outset, or that the establishment of suitable vegetation be monitored
during the first several years of operation, Discuss if want a change, can conditioned Lisa
Eggleston okay with stormwater design in that although the project can't meet the recharge
standard for the entire site, improvement for proposed and is therefore meeting stormwater
standards to the extent practicable as she interprets Mr Lynch stated the O &M Plan should be
included within the Order of Conditions for perpetuity of the site A motion to continue to
September 26, 2007 meeting for outstanding billing for engineering services was made by Mr
Lynch, seconded by Mr Masse Unanimous
242-1399, Berry Street(Stack)(Christiansen & Sergi)(cont. from 8/22/07)(Reguest to cont.
9/26/07
No one was present A motion to continue to September 26, 2007 meeting was made by Mr
Mabon, seconded by Mr Napoli Unanimous
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242-1406, New England Power Company Right-of-Way Easement(New England Power-
NEC)(TRC)(cont. 7/25/07)(Reguest to cont. to 9/26/07)
No one was present A motion to continue to September 26, 2007 meeting was made by Mr
Lynch, seconded by Mr Napoli Unanimous
242-1404,210 Holt Road (TBI)(Brown & Caldwell)(cont, from 7/25/07)(Reguest to cont. to
9/26/07)
No one was present A motion to continue to September 26, 2007 meeting was made by Mr
Lynch, seconded by Mr Mabon Unanimous
242-1398, 575 Osgood Street(Edgewood Retirement Community, Inc.)(Nitsch
Engineering)(cont. from 7/25/07)(Reguest to cont. 9/26/07)
Robert W Lavoie of Devine Millimet Attorney at Law and Dennis Ingram of Lmbeck was
present Ms McKay stated Lisa Eggleston completed final review yesterday 9/11/07 with some
e/mail communication and revision changes up to them A motion to continue to September 26,
2007 meeting was made by Mr Lynch, seconded by Mr Napoli Unanimous
242-1407, Lot 4N Turnpike Street, Lot 1N,2N, & 3N Berry Street (Utilities)(One Hundred
Fourteen Trust)(Patrick C. Garner Company,Inc.)(cont. from 8/22/07)(Reguest to cont. to
9/26/07)
No one was present A motion to continue to September 26, 2007 meeting was made by Mr
Lynch, seconded by Mr Mabon Unanimous
242-1410, Lot 1N, Berry Street (One Hundred Fourteen Trust)(Patrick C. Garner
Company, Inc.)(cont. from 8/22/07)(Reguest to cont. 9/26/07)
No one was present A motion to continue to September 26, 2007 meeting was made by Mr
Lynch, seconded by Mr Napoli Unanimous
242-1409, Lot 2N, Berry Street (One Hundred Fourteen Trust)(Patrick C. Garner
Company, Inc.)(cont. from 8/22/07)(Reguest to cont. to 9/26/07)
No one was present A motion to continue to September 26, 2007 was made by Mr Lynch,
seconded by Mr Napoli Unanimous
242-1408, Lot 3N, Berry Street (One Hundred Fourteen Trust)(Patrick C. Garner
Company, Inc.)(cont. 8/22/07)(Reguest to cont. to 9/26/07)
No one was present A motion to continue to September 26, 2007 meeting was made by Mr
Lynch, seconded by Mr Napoli Unanimous
242- 673 Great Pond Road (ICB Realty Trust)(Cuoco & Cormier Engineering
Associates, Inc.)(Request to withdraw)
No one was present Ms McKay stated I believe the project as proposed does not meet Planning
Board Watershed Special Permit, Also, as proposed would need several variances from the
Zoning Board of Appeals The Town Planner and myself meet with the engineer The applicant
is requesting to withdraw A motion to accept the withdrawal was made by Mr Masse, seconded
by Mr Mabon Unanimous
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NACC 932, Turnpike Street (Royal Crest)(Lenard Engineering, Inc.)
Robert J Duff, P E of Lenard Engineering, Inc was present Mr Mabon read the legal notice
Ms McKay stated filing to remove repair replace existing foundation drains and roof drainage
systems around buildings #40, #42, #43 The applicant was advised by staff to file an ANRAD
for the entire site originally in order to confirm all resource areas on the site Since the resource
areas are difficult to determine because they are located in historically maintained/disturbed
areas, this approach it strongly recommended for future work A motion to close and issue a
decision within in 21 days was made by Mr Masse, seconded by Mr Lynch Unanimous
242- , 24 Crossbow Lane (Manning)(Norse Environmental Services, Inc.)
The applicant Mr Neil Manning and Steve Erickson of Norse Environmental Services, Inc was
present Ms Merrill stated the applicant has filed an Notice of Intent for the construction of a
inground pool, with associated patio, cabana, shed, fence and landscaping activities within the
Buffer Zone to a Bordering Vegetated Wetland The site is within estimated habitat the form and
check sent Natural Heritage The pool is being proposed 5 F to closest point of the wetland,
located along the western property line The erosion controls are proposed entirely around the
project area The pool and other structures are being proposed within existing lawn Additionally,
the area east of the pool and beyond the cabana will be cleared in order to re-landscape with trees
and shrubbery Norse Environmental delineated the Bordering Vegetated Wetland and this
department has confirmed this in July of 2007 1 sent out violation notice to applicant for
removing and pruning vegetation within the Bordering Vegetated Wetland along the driveway
Only 2 stumps were observed and other trees were pruned due to their overhang onto the
driveway Since I was aware that the applicant was in of preparing this application I requested
that restoration activities be included Norse Environmental proposed to restore this small area
with winterberry, red osier, dogwood and speckled alder This species are appropriate for this
area and should do very well In addition, the applicant proposing to plant additional shrubs to
provide a vegetated barrier between the driveway and wetland, and the westerly property line
and headwall Approximately 25 arborrtaes will be planted Additionally pruning of trees,
sapling and under story along the edge of the Bordering Vegetated Wetland and thin buffer area
occurred over Labor Day Weekend The applicant and abutting neighbor brought this to my
attention first thing Tuesday, September 4, 2007 A site meeting took place on Tuesday,
September 4, 2007 Present at the meeting was the applicant, the Norse Environmental and
myself clearly explained and identified what is okay to prune The applicant says he understands
The applicant has filed a waiver for landscaping planting activities within the 25-foot No-
Disturbance zone The original Order of Conditions 242-197, 1983 allowed for substantial filling
of wetlands in order to build several home, including this lot and subdivision roadway Still
awaiting comments from Natural Heritage and DEP Mr Lynch stated we need dewatering detail
on the plan soil stockpiling area, what kind back wash for the pool would be on the plan A
motion to continue to September 26, 2007 meeting was made by Mr Masse, seconded by Mr
Lynch Unanimous
A motion to adjourn the meeting at: 10:15 P. M.was made by Mr. Lynch, seconded by Mr.
Napoli. Unanimous.
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