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HomeMy WebLinkAbout2007-10-24 Conservation Commission Minutes Conservation Commission Meeting Minutes October 24,2007 Members Present: Albert P Manzi, Jr , Chairman, Scott L Masse, Vice Chairman, Joseph W Lynch, Jr , John J Mabon, Deborah A Feltovic, Sean F McDonough, Louis A Napoli Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill, Conservation Associate, and Donna M Wedge, Conservation Secretary Joseph W. Lynch,Jr. arrived at the meeting at: 7:10 P. M. Scott L. Masse,Vice Chairman arrived at the meeting at: 7:20 P. M. Sean F. McDonough arrived at the meeting at: 7:40 P. M. Meeting came to Order at: 7:04 P. M. Quorum Present. Pledge of Allegiance General Business 242-1393, Reconsideration of COC Request,26 Turtle Lane (Dickey)(Merrimack Engineering Services,Inc.) The applicant Mr &Mrs Arthur Dickey of 26 Turtle Lane was present Ms Merrill stated at the last meeting the North Andover Conservation Commission voted unanimously to deny the applicant a COC that involved the construction of an addition to a single-family dwelling The reason of this denial was due to the location of an existing shed 42' from the Bordering Vegetated Wetland Portions of the 10' x 12' shed straddle or exceed the 50' no-build zone Furthermore, the North Andover Conservation Commission voted to issue an Enforcement Order, which mandated that the applicant to remove and relocate the shed so that so that's it meets the 50-foot no-build zone The shed was depicted on the record plan and has not moved from that location Additionally, there was nothing noted in Order of Conditions that required the applicant to relocate it because it did not meet the setback There was no discussion during public hearing process about potentially having the applicant move the shed Therefore, it should not dictate the issuance of a COC, nor does the applicant deserve an Enforcement Order an Enforcement Order I believe that the applicant was wrongfully denied and the North Andover Conservation Commission should reconsider the COC request Mr Lynch stated the shed on the property is within the easement of the Town of North Andover this is not wetland related issue here if the town needs to do cleaning within this area the shed would be removed to give the town access to their property A motion to issue the COC and release the bond was made by Mr Masse, seconded by Mr Mabon Vote 4-0-1 A motion to revoke the Enforcement Order was made by Mr Masse, seconded by Ms Feltovic Vote 4-2-1 A motion to open the hearing for discussion was made by Mr Masse, seconded by Mr Mabon The discussion was about the record plan we looked at the last meeting was different why is this a puzzle9 Something got by the Conservation Staff and was looked over these things happen Nothing the staff makes mistakes we cannot blame staff for the shed problem 1 242-1272, COC Request,230 Gray Street (Lot5)(Litchfleld Company, Inc.)(Eastern Land Survey) The applicant Joseph Currier of Litchfield Company, Inc , and James H MacDowell of Eastern Land Survey Associates, Inc was present Ms Merrill stated the Order of Conditions was issued in October of 2004 for construction of a single-family dwelling and septic system within 100' of an Isolated Vegetated Wetland jurisdictional by local bylaw All disturbed areas have been stabilized since 2006 with no sign of erosion The wetland Markers were placed and a stonewall barrier was constructed up gradient of the 25-foot No-Disturbance zone A motion to issue the COC and release the bond was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1275, COC Request, 168 Gray Street (14) (Litchfield Company, Inc.)(Eastern Land Survey) The applicant Joseph Currier of Litchfield Company, Inc , and James H MacDowell of Eastern Land Survey Associates, Inc was present Ms Merrill stated the Order of Conditions was issued in November of 2004 for construction of a single-family dwelling and septic system within the Buffer Zone to a Bordering Vegetated Wetland The configuration of the house was built 480 s f smaller than original design The deck was also built 85 s f smaller than the original design The wetland markers were placed and a stonewall barrier was constructed up gradient of the 25- foot No-Disturbance zone All disturbed areas have been stabilized with no erosion noted A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1276, COC Request,345 Boston Street (Lot 12)(Litchfield Company, Inc.)(Eastern Land Survey Associates, Inc.) The applicant Joseph Currier of Litchfield Company, Inc and James H MacDowell of Eastern Land survey Associates, Inc was present Ms Merrill stated the Order of Conditions was issued in November of 2004 for construction of a single-family dwelling and septic system within the Buffer Zone to a Bordering Vegetated Wetland The configuration of the house was built 480 s f smaller than original design The deck was also built 85 s f smaller than original design The wetland markers were placed and stonewall barrier was constructed up gradient of the 25-foot No-Disturbance zone and or the edge of the clearing All disturbed areas have stabilized with no erosion Mr MacDowell stated the survey is 88% survey proof because of the slope compute the survey A motion to issue the COC and release the bond was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1278, COC Request, 375 Boston Street(Lot 11)(Litchfield Company, Inc,)(Eastern Land Survey Associates, Inc.) The applicant Joseph Currier of Litchfield Company, Inc and James H MacDowell of Eastern Land Survey Associates, Inc was present Ms Merrill stated the Order of Conditions was issued November of 2004 for the construction of a single-family dwelling and septic system within the Buffer Zone to a Bordering Vegetated Wetland The configuration of the house was built 648 s f smaller than the original design The deck was also built 64 s f smaller than the original design The wetland markers were placed and a stonewall barrier was constructed up gradient of the 25-foot No-Disturbance zone and or the edge of clearing Mr Lynch stated there is under ground propane tank here Mr MacDowell stated yes there is and was inspected by the fire department the propane tank gets filled like and oil tank they just come up the driveway the tank 2 with connector hose to fill the tank no danger here A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Mabon Unanimous NACC935-Small Project, 134 Farnum Street(Scudder) Ms Merrill stated this is a 4 4 A constructing of a deck 140 s f hand dug sono tubes, distance from the wetland line 80-feet away A motion to ratify this project as a small project was made by Mr Lynch, seconded by Mr Mabon Unanimous NACC#36-Small Project-171 Amberville Road (Brosseau) Ms Merrill stated the is filing 4 4 A for the removal of a deck and expansion of new deck only 216 s f only 2 additional sono tubes hand dug A motion to ratify the project as a small project was made by Mr Lynch, seconded by Ms Feltovic Unanimous LMA Runway Safety Area Project & MEPA Meeting Update Ms McKay state I met with Richelle represented the MEPA and stated this Lawrence Municipal Airport relief for Logan Airport in Boston They want to extend the runways 50-feet more but this would cause an environmental issue here They want the Conservation Commission to send in any comments buy October 29, 2007 The airport has always wanted to do what they want to do themselves this is a huge project which could have some damage to protected land by the Conservation Commission No recess Public Hearings: 8:15 P. M. Request for Determination of Applicability 660 Great Pond Road (United Methodist Church)(Norse Environmental Services, Inc) The applicant Reverend Larry J Peacock and Maureen Hanley of Norse Environmental Services, Inc was present Mr McDonough read the legal notice Ms Merrill stated the applicant is proposing to demolish the exiting single-family dwelling in order to construct a new single- family dwelling with driveway, appurtenances, grading The only portion of this work will be within the Buffer Zone specifically constructing portions of the new driveway, installation of a catch basin with associated dram line that will discharge over a level spreader, portion of the new electrical line location and grading The intent of installing a catch basin with deep sump along the right side of the driveway is to capture stormwater that will enter with the new curb cut The closest Bordering Vegetated Wetland is located off site, across the street and is separated by landscaped retaining wall Great Pond Road and existing stonewall along the front of the property line Furthermore, the Bordering Vegetated Wetland is located about 70-feet from proposed erosion control line This site is located within the Lake Cochichewick Watershed District, but outside of areas designated as estimated habit Minimal clearing is needed since much of the work area is existing lawn The erosion controls will encompass the entire work site The relative construction requirements are noted in the general notes section on sheet 2 of the site plans Pre-construction and post construction site inspections should be required Mr Lynch stated the driveway being paved instead of gravel driveway The Conservation Commission 3 would require revised plans A motion to continue to November 14, 2007 meeting was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1416, 21 High Street(RCG, LLC)(Epsilon Associates,Inc.) The applicant David Stembergh of RCG, LLC and Julie Vondrak of Epsilon Associates, Inc was present Mr McDonough read the legal notice Ms McKay stated the filing is for the confirmation of jurisdictional resource areas on the site, which includes Inland Bank, Bordering Vegetated Wetland, Riverfront Area, Land under water associated with Cochichewick Brook and Mill Pond located on North Andover Mills property No work activities are proposed under this filing The Bordering Vegetated Wetland was delineated by Epsilon Associates, Inc on September 27, 2007 The site is 13 5 acres and is almost entirely developed and disturbed The wooded areas are limited to the southeastern corner of the site bordering on Cochichewick Brook and Mill Pond Mill Pond approximately 3 acres is an impoundment of Cochichewick Brook and was historically used as for hydropower, process water and or fire protection Not within in estimated habitat of Priority Habitat The resource areas were reviewed and approved No comments from DEP A motion to close and issue a decision within 21 days was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1403, 22 Woodlea Road (Garcia)(New England Engineering Services, Inc.)(cont. from 10/10/07) The applicant Eugene Garcia and Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms McKay stated revised plans submitted to include the addition of a segmental block retaining wall along the 25-foot No-Disturbance zone as well as a reduced size patio A small portion of the patio is still located within the 50-foot No-Build zone A stone infiltrator trench is proposed around two sides to capture runoff from patio for infiltration for mitigation of the additional impervious area within the 50-foot No-Build zone Some grading proposed within the drainage easement Note the existing shed has been moved and the stairs to existing deck area shown 1 6' over the lot line Mr Mabon stated the patio should be addressed patio with waiver Mr Osgood stated the waiver was submitted with Notice of Intent filing The wetland plantings have been planted a stonewall 2-foot high around the patio would be crushed stone area with sand and gravel A motion to close and issue a decision within 21 days was made by Mr Masse, seconded by Ms Feltovic Unanimous 242- , 233 Johnson Street (Bresnahan)(New England Engineering Services,Inc,) The applicant Mr &Mrs John Bresnahan and Ben Osgood, Jr , of New England Engineering Services, Inc and Abutter Eugene Lally of 245 Johnson Street was present Mr McDonough read the legal notice Ms Merrill stated the filing is for repair and maintenance of the existing granite spillway It is unknown when the spillway was built, however, records show that it was in place in 1973 Previous site conditions allowed for spillway act as a weir to the adjacent pond When water levels were high enough it would overflow onto the subject property and traverses along front yard, under the driveway and towards an existing pipe at the southern property line that eventually discharges into Lake Cochichewick Overtime the granite spillway has become severely dilapidated and nonfunctional Consequently,the water has created significant erosion ruts on both sides of the spillway as well as underneath it Large amounts of silt, sediment and debris have collected in this area, especially in the Bordering Vegetated Wetland The excessive amounts of siltation has created a matt suitable for dense community of herbaceous vegetation 4 Additionally, existing spillway is acting as a barrier for the fish population The project require permanent disturbance for the 3' widening of the spillway and riprap In addition,there will be temporary disturbance relative to installation/removal of the temporary overflow pipe and riprap I've been working with New England Engineering, the contractor and homeowner/applicant in regards to access, erosion control, and tree removal, the actual construction of the weir and will be discussed in greater detail at the meeting Additional revisions need to be made to the plan and were conveyed to Ben Osgood, Jr Excavated soils will be loaded into dump truck and hauled off site Waiting for DEP comments Mr Osgood stated three trees would have to be removed there would be some bank disturbance but the silt buildup is very bad on this site There would be removing of the silt and weeds temporary pipe dewatering electric pumping Arco Construction would be doing the work for the applicant A motion to continue to November 14, 2007 meeting was made by Ms Feltovic, seconded Mr Masse Unanimous 242-1398, 575 Osgood Street (Edgewood Retirement Community, Inc,)(Nitsch Engineering)(cont. from 10/10/07) Dennis Ingram of Linbeck was present Ms McKay stated the applicant would like to briefly discuss recent revisions/modifications and how they intend to move forward with the project Following this brief discussion, the applicant will be requesting a continuance to the next meeting Mr Ingram stated the applicant would be moving forward with the Zoning Board of Appeals with special permit they have made some changes I will be sending in information for Conservation Commission for the next meeting A motion to continue to November 14, 2007 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous Decisions 242-1414, 226 Stevens Street No one was present Ms McKay stated the bond amount set at $3,000, environmental monitor weekly while as the commencement of work, before construction the debris must be removed before commencement of work, the installation of the leanto staked corners before construction, Chapter 1 OA-91 for the dock can stay per Harbor Master Ms Feltovic A motion to accept the Order of Conditions as amended was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1406,New England Power Company No one was present Ms McKay stated the bond amount set at$30,000, 3mile access route, weekly construction sequence in the areas where they are working for the week November thru December, September to December of 2008, Environmental Monitor on daily when working in sensitive areas, any soil left over must be removed off site, no equipment or machinery left on site overnight, notify the Conservation Department when construction has been completed and site is stabilized for post-construction meeting A motion to accept the Order of Conditions as amended was made by Mr Masse, seconded by Ms Feltovic Unanimous 5 242-1407, Lot 4N-A,Lot IN-A,Lot 2N-A, & Lot 3N-A, Berry Street (Utilities) The applicant Peter Hingoram and the applicant's lawyer Donald Borenstien was present Ms McKay stated the bond amount set at $55,470, 3,000 s f of replication areajustify the bond amount, construction sequence, fiscal barriers, dealing with Natural Heritage, Conservation Restriction Declamation submit to the State of Massachusetts, finding and facts, environmental monitor, utilities installation need monitor on site A motion to accept the Order of Conditions as amended was made by Mr Lynch, seconded by Ms Feltovic Vote 5-0-1 242-1410, Lot 1N-A,Turnpike Street The applicant Peter Hingoram and the applicant's lawyer Donald Borenstien was present Ms McKay stated the bond amount set at $3,000, as-built foundation plan, installation of a stonewall, environmental monitor, stake foundation, wetland markers, soil stockpiling area, replication areas of the 25-foot No-Disturbance zone, and 50-foot No-Build zone per agreement with the subcommittee A motion to accept the Order of Conditions as amended was made by Mr Masse, seconded Ms Feltovic Vote 5-0-1 242-1409, Lot 2N-A, Berry Street The applicant Peter Hingoram and the applicant's lawyer Donald Borenstien was present Ms McKay stated the bond amount set at $3,000, as-built for foundation plan, installation of a stonewall, environmental monitor, staked foundation, wetland markers, soil stockpiling area, replication area of the 25-foot No-Disturbance zone, and 50-foot No-Build zone per agreement with the subcommittee A motion to accept the Order of Conditions as amended was made by Mr Masse, seconded by Ms Feltovic Vote 5-0-1 242-1408, Lot 3N-A Berry Street The applicant Peter Hingoram and the applicant's lawyer Donald Borenstien was present Ms McKay stated the bond amount set at $3,000, as-built foundation plan, installation of a stonewall, environmental monitor, staked foundation, wetland markers, soil stockpiling area, replication area of the 25-foot No-Disturbance zone, and 50-Foot No-Build zone per agreement with the subcommittee A motion to accept the Order of Conditions as amended was made by Mr Masse, seconded Ms Feltovic Vote 5-0-1 A motion to adjourn the meeting at: 9:40 P. M. was made by Mr. Lynch, seconded by Ms. Feltovic. Unanimous. 6