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HomeMy WebLinkAbout2007-09-26 Conservation Commission Minutes j L Conservation Commission Meeting Minutes September 26, 2007 Member Present: Scott L Masse, Acting Chairman, Joseph W Lynch, Jr , Deborah A Feltovic, Sean F McDonough, Louis A Napoli Members Absent: Albert P Manzi, Jr , Chairman, John J Mabon Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Sean F. McDonough arrived at the meeting at: 8:15 P. M. Meeting came to Order at: 8: 06 P. M. Quorum Present. Pledge of Allegiance General Business 242-679, COC Request, 1070 Osgood Street(Beaumont & Campbell)(The Neve-Morin Group, Inc.)(cont. from 8/22/07) Greg Hochmuth of The Neve-Morin Group, Inc was present Ms Merrill stated the applicant paid the fine in full and The Neve-Morin Group submitted a monitoring report regarding the recent maintenance of the stormwater infrastructures The wetland makers were installed No issues A motion to issue the COC was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1080, COC Request, 1070 Osgood Street (Beaumont & Campbell)(The Neve-Morin Group, Inc.)(cont. from 8/22/07) Greg Hochmuth of The Neve-Morin Group, Inc was present Ms Merrill stated the applicant paid the fine in full and the Neve-Morin Group submitted a monitoring report regarding the recent maintenance of the stormwater infrastructures The wetland makers were installed No issues A motion to issue the COC and release the bond was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1036. COC Request, 1070 Osgood Street(Beaumont& Campbell)(The Neve-Morin Group, Inc.)(cont. from 8/22/07) Greg Hochmuth of The Neve-Morin Group, Inc was present Ms Merrill stated the applicant paid the fine in full and the Neve-Morin Group submitted a monitoring report regarding the recent maintenance of stormwater infrastructures The wetland makers were installed No issues Mr Lynch stated the parking lot the cars were parking in the wetland areas they since set-up shuttle service and this has been working the restaurant has been doing very good business I am glad but we should watch the parking lot in the future A motion to issue the COC and release the bond was made by Mr Lynch, seconded by Mr Napoli Unanimous 1 242-1305, COC Request, 89 Milk Street (Highview, LLC) No one was present Ms Merrill stated the Order of Conditions was issued in May of 2005 for the construction of two single-family dwellings The performance bond was posted and Order recorded A recently issued Order 242-1394 on this property for three single-family dwellings has superceded by this Order The applicant is seeking a COC No issues A motion to issue the COC and release the bond was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1226, COC Request, 70 Oakes Drive (Talbot)(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 2003 for razing of a single-family dwelling in order to build new house within 100' to Isolated Land Subject to Flooding In March of 2006 the North Andover Conservation Commission released $2000 of the original $3000 and holding $1000 until COC is released Since the pre-existing conditions had no 25-foot No-Disturbance zone and lawn up to edge of the wetland boundary, the applicant was required to create a 25-foot No- Disturbance zone and install a physical barrier of alternating large boulders along the 25-no disturbance zone The dry set stonewall was built 37'+from the wetland line Since the 25' area had not been maintained since construction started,this area became heavily populated with sweet pepperbush At the meeting March of 2006 it was determined the removing healthy wetland vegetation to allow the applicant to replant this area with nursery shrubs was not warranted However, an area of approximately 180 s f in size upslope of WF A2 lacked dense vegetation and therefore, was revegetated with high bush blueberry shrubs Measurements were taken in the field during the partial bond release and remained consistent A motion to issue a COC and release the bond was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1261, Extension Request, Cotuit & Leyden Street (Burke) The applicant Matthew Burke of Greenland Construction was present Ms Merrill stated the Order of Conditions was issued in January of 2005 for construction of 4 townhouses within the Buffer Zone to a Bordering Vegetated Wetland Two of the 4 townhouses have been built and fully landscaped In addition, stormwater structures on Cotuit Street are installed and fully functional The Order will expire in January of 2008, therefore, the applicant is requesting their 1"one-year extension The wetland boundary is consistent with the original wetland delineation no issue A motion to issue the one-year extension was made by Ms Feltovic, seconded by Mr Lynch Unanimous Half-Mile Signage Ms Merrill stated I checked with sign company in Haverhill they make signs the quote for 12 x 24 sign $125 and 8 x 12 sign$95 A motion to appropriate $125 out the filing fee account accept the sign installation at Half Mile Hill was made by Mr Lynch, seconded by Ms Feltovic Unanimous No Recess Public Hearings at 8: 45 P. M. 2 t ` Abbreviated Notice of Resource Area Delineation 242-1411, Lot 4 Granville Lane (Farr)(New England Engineering Services, Inc. )(cont. from 9/12/07) Thomas Hector of New England Engineering Services, Inc was present Ms McKay stated file number issued from DEP-no comments Escrow posted and 3`d party reviewed conducted by Mark West of West Environmental, Inc Mark West agrees that the delineation of the Isolated area is accurate, verifying that the area is less than 1,000 s f in size and therefore a non- jurisdictional wetland His review also included the front portion of the lot and noted that the remaining area was upland A memorandum of his findings was submitted for the record An Abutter Darrin Manke of Granville Lane complained about water run-off to his property right next store to this property Mr Lynch stated this is not a filing that the applicant could not build a house he would file Notice of Intent for building a house on this lot This filing is just verifying the wetland line only no work can be performed with this filing A motion to close and issue a decision within 21 days was made by Mr Lynch, seconded by Mr Napoli Vote 4-0-1 Notice of Intent (s) 242-1401,Lot 2 Forest Street (Plasinski)(Professional Land Services)(cont. from 9/12/07) The applicant was not present Town Counsel Thomas J Urbelis was present Ms McKay stated at the last meeting, the applicant presented a case to the Commission in regards to deleting language in the settlement agreement because of added expense incurred as a result of the needed Natural Heritage Endangered Species Protection review requirements The applicant had previously requested a continuance to 11/14/07 for continued Natural Heritage review and requirements Mr Urbelis stated the waiver from the state regulations is not broken agreement this requirement by State of Massachusetts and the state over rides the local bylaw The applicant' s lawyer is no longer representing the applicant any more There may be another appeal in court for paying the money then the agreement signed and the Conservation Commission would have start all over again A motion to deny the request for waiver request was made by Mr Lynch, seconded by Ms Feltovic Unanimous A motion to continue to November 14, 2007 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1403, 22 Woodlea Road (Garcia)(New England Engineering Services, Inc.)(cont. from 9/12/07)(Reguest to cont. to 10/10/07) Thomas Hector of New England Engineering Services, Inc was present A motion to continue to October 10, 2007 meeting was made by Ms Feltovic, seconded by Mr Lynch 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 the outstanding invoice paid A motion to close and issue a decision within 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous 3 242-1399, Lot 3 Berry Street (Stack)(Christiansen & Sergi)(cont. from 8/22/07) Phil Christiansen of Christiansen& Sergi, Inc was present Ms McKay stated the Zoning Board of Appeals voted to approve as designed with condition that the applicant must tie in to sewer Revised plans should be forwarded to DEP if not already The plans were revised to incorporate a physical barrier 2' x 2' dry laid fieldstone wall at the limit of work upgradient to the 25-foot No-Disturbance zone explaining the reasons for location of the driveway within the 50-foot No- Build zone Mr Lynch stated no snow stockpiling needs to be removed off site and separate filing for the sewer line being installed wetlands on both sides of Berry Street Mr Christiansen stated the driveway has to be that way because the car would back right into the street with no visibility to see on coming traffic Mr McDonough stated yes I agree because I live in a subdivision and I see people backing out of their driveways with out good visibility of traffic A motion to close an issue a decision within 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1406, New England Power Company Right-of-Way Easement-(New England Power- NEP)(TRC)(cont. from 7/25/07)(Reguest to cont. to 10/10/07) No one was present Mr Lynch asked if they have made any progress Ms McKay stated yes they have made some progress A motion to continue to October 10, 2007 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1404, 210 Holt Road (TBI,Inc.)(Brown & Caldwell)(cont. from 7/25/07) The applicant William Thomson of TBI, Inc and Philip Jagoda of Brown & Caldwell was present Ms McKay stated final review was submitted and Lisa Eggleston is satisfied that all of previous raised have been satisfactorily addressed She does indicate a few things I that the wetland area to the southeast of lot 1 will receive additional flow under post-development conditions, but it should not be detrimentally impacted and 2 that prior to construction, the 36- inch culvert under Holt Road be inspected and cleaned as necessary since it will be subject to post development increases in flow No further issues A motion to close and to issue a decision within 21 days was made by Mr Lynch, seconded by Ms Feltovic Vote 4-0-1 242-1398, 575 Osgood Street (Edgewood Retirement Community, Inc.)(Nitsch Engineering)(cont. from 7/25/07)(Reguest to cont. to 10/10/07) Stacey Furlong of Lmbeck and Dennis Ingram of Linbeck was present Ms McKay they are requesting a continuance to 10/10/07 still working with Zoning Board of Appeals A motion to continue to October 10, 2007 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1407, Lot 4N Turnpike Street,Lot 1N, Lot 2N, & Lot 3N Berry Street (Utilities)(One Hundred Fourteen Trust)(Patrick C. Garner Company,Inc.)(cont, from 8/22/071 The applicant Peter Hmgoram of One Hundred Fourteen Trust and Patrick C Garner of Garner Company, Inc , Donald Borenstien Lawyer for applicant and his builder Mr Barrow was present Ms McKay stated the Zoning Board of Appeals decision was granted with conditions The subcommittee met to discuss Zoning Board of Appeals decision and overall project impacts to resource areas, particularity possible compensatory replication areas as requested Subcommittee suggested several compensatory possibilities, but recommended further discussion with Natural Heritage The plans would also be revised to more adequately clarify proposed work possible 4 compensation areas A motion to continue to October 10, 2007 meeting was made by Ms Feltovic, seconded by Mr Napoli Vote 4-0-1 242-1410, Lot 1N Berry Street (One Hundred Fourteen Trust)(Patrick C. Garner Company, Inc.)(cont. from 8/22/07) The applicant Peter Hingoram of One Hundred Fourteen Trust and Patrick C Garner of Garner Company, Inc , Donald Borenstien the applicant lawyer, and his builder Mr Barrow was present A motion to continue to October 10, 2007 meeting was made by Ms Feltovic, seconded by Mr Napoli Vote 4-0-1 242-1409,Lot 2N Berry Street (One Hundred Fourteen Trust)(Patrick C. Garner Company, Inc.)(cont. from 8/22/07) The applicant Peter Hingoram of One Hundred Fourteen Trust, and Patrick C Garner of Garner Company, Inc and Donald Borenstien lawyer for applicant, Mr Barrow the applicant builder was present Ms McKay Zoning Board of Appeals decision was granted with conditions Subcommittee met to discuss Zoning Board of Appeals decision and overall project impacts to resource areas, particularly possible compensatory replication areas are requested Subcommittee suggested several compensatory possibilities, but recommended further discussion with Natural Heritage The plans would also be revised to more adequately clarify proposed work and possible compensation areas Mr Lynch stated look at groundwork separated and isolated from Ash Street These three lots replication lots within the resource areas Bordering Vegetated Wetland A motion to continue to October 10, 2007 meeting was mad by Ms Feltovic, seconded by Mr Napoli Vote 4-0-1 242-1408,Lot 3N Berry Street (One Hundred Fourteen Trust)(Patrick C. Garner Company, Inc.)(cont. from 8/22/07) The applicant Peter Hingoram of One Hundred Fourteen Trust and Patrick C Garner of Garner Company Inc , and Donald Borenstien the applicant lawyer, Mr Barrow the applicant builder was present McDonough stated there should be replication in these areas plus stonewalls or dense plantings plan mitigation areas bigger disturbance on the property Mr Lynch stated the areas where the Blanding Turtles migration corridor needs to left open for the turtle movement this should very much enforced thru this area There should 2 to 1 replication areas we really need the protect the turtle movement in this area Mr Masse stated how long does 40B stay into effect on the property Mr Borenstien stated the Comprehensive Permit would last 3 years then maybe grant extension up 1-year and '/2 to build has to comply the building department requirements before any one can build on the property A motion to continue to October 10, 2007 meeting was made by Ms Feltovic, seconded by Mr Napoli Vote 4-0-1 242-1412, 24 Crossbow Lane (Manning)(Norse Environmental Services, Inc.)(cont. from 8/22/07) The applicant Mrs Janet Marie Manning was present Ms Merrill stated DEP had no comments Natural Heritage Endangered Species Protection stated that the project would not adversely affect the habitat and under Massachusetts Endangered Species Act regulations, the project would not result in take of state-listed rare species The revised plans were submitted depicting the dewatering area Mr Lynch stated how are the trucks getting to back yard Ms Merrill on the other side of the front of the house Mr Lynch stated the septic system is in the front yard we 5 where the subsurface sewage system and leaching field is on the plan for truck access on to the property A motion to continue to October 10, 2007 for revised plans was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1414, 226 Stevens Street(Mittelstaedt)(The Neve-Morin Group, Inc.) The applicant Mr &Mrs Mittelstaedt and Greg Hochmuth of The Neve-Morin Group, Inc was present Mr McDonough read the legal notice Ms McKay stated the filing is for construction of a portion of an addition, deck, patio, lean-to, paved driveway, retaining wall and associated grading activities within Buffer Zone to a Bordering Vegetated Wetland associated with Stevens Pond The rear of the property is also located within floodplain, but is well beyond any proposed work areas All proposed structures will be outside of the 50-foot No-Build zone and all grading will be located outside of the 25-foot No-Disturbance zone The erosion controls are proposed at the limit of the work and the proposed location is suitable The lean-to will located 50 5' from the resource area at its closest point The proposed retaining wall around the patio and deck is approximately 66' at its closest point The grading proposed to accommodate the work in addition to a grass lined swale to the south of the property proposed work which would carry stormwater flows to the rear of the lot towards the resource area The existing lawn extends just about to the pond, therefore the 25-foot zone is being maintained as lawn The home was built in the 60's prior to the local setbacks regulations An existing tree line is shown on the plan as well as a post development tree line As a result, additional existing vegetation will be lost It appears that the applicant has been dumping and discarding years of yard waste brush and leaves within the existing vegetated area An old dock was observed resting at water edge and a recently installed dock was observed in the pond appears to be floatable held by anchors or bottoms moorings, but is not shown on the plan No permits on record The Town Sewer Easement traverses to the rear of the lot, but not shown on the plan The site is not within the watershed area or within Estimated of Priority Habitat The resource areas were reviewed and approved with exception to the off property flag, WF 100 DEP comments not yet received Mr Napoli stated the addition 1 story foundation need alternative analysis Mr Lynch stated a lot of earthwork moving drainage high ground water should install an interceptor cutting down on run- off of water Mr Hochmuth stated lean-to leveling area putting ground grassed swale A motion to continue to October 10, 2007 meeting for revised plans was made by Ms Feltovic, seconded by Mr Lynch Unanimous Decisions NACC #32, Turnpike Street(Royal Crest)(Lenard Engineering,Inc.) No one was present Ms McKay stated the bond amount set at $500, wetland markers, dewatering condition, before filing submit ANRAD filing, restoration areas A motion to accept the Order of Conditions as drafted was made by Mr Lynch, seconded by Mr Napoli Unanimous 6 242-1412, 24 Crossbow Lane (Manning)(Norse Environmental Services,Inc.) No one was present Ms Merrill stated bond amount set at $2,000, Environmental Monitor, wetland makers, violation 100 s f planting of 4 scrubs Winterberry monitor for one growing season Mr Lynch stated see if the Health has septic plan to find out where the leaching field is located on the property A motion to continue to October 10, 2007 meeting for revised plans was made by Mr Lynch, seconded by Ms Feltovic Unanimous A motion to adjourn the meeting at: 10:45 P. M. was made by Mr. Lynch, seconded by Ms. Feltovic. Unanimous. 7