HomeMy WebLinkAbout2007-11-14 Conservation Commission Minutes i
Conservation Commission Meeting Minutes
November 14, 2007
Members Present: Scott L Masse, Vice Chairman, Joseph W Lynch, Jr , John J Mabon, and
Louis A Napoli
Members Absent: Albert P Manzi, Jr , Chairman, and Deborah A Feltovic, Sean F
McDonough
Staff Members Present: Alison E McKay, Conservation Administrator, Pamela A Merrill,
Conservation Associate, Donna M Wedge, Conservation Secretary
Meeting came to Order at: 7:15 P. M. Quorum Present.
Pledge of Allegiance
General Business
242-1359-COC Request, 415 Salem Street (Deluca)(Sullivan Engineering Group, LLC)
The applicant Mr &Mrs Robert Deluca was present Ms Merrill stated the Order of Conditions
was issued in July of 2006 for the razing of an existing single-family dwelling in order to build a
new single-family dwelling with associated appurtenance within the Buffer Zone to a Bordering
Vegetated Wetland The applicant was required to enhance the 25-foot No-Disturbance zone
with native plant species as the previous landowner was maintaining it Since the NDZ was left
alone during construction and the area rebounded with native plant species, the applicant
requested that conditions relative to planting be waived The Environmental Monitor was Arrow
Environmental also agreed that the plantings would not make sense in this area Therefore, in
lieu of the plantings, post and rail fence was installed up gradient from the 25' NDZ as approved
by the North Andover Conservation Commission, Chairman and Administrator Arrow
Environmental was retained as the Environmental Monitor and reports were submitted
throughout construction The house was built accordance with approved plan with few minor
modifications located just inside of the Buffer Zone The bulkhead at 84-feet from wetland
resource area, concrete pad for AC units at 86-feet from the wetland resource area, relocation of
the gas line from the front of the single-family dwelling to the left side These modifications are
extremely minor and have no impacts to the resource area Mr Lynch stated the septic system
was installed 96 2-feet from the wetland resource area did they get waiver from the Health
Department Ms Merrill stated we due not receive this information from the Health Department
Mr Deluca stated the Health Department approve were the septic system was placed on the
property installed a sewer line if the Town of North Andover ever runs the sewer line in our area
A motion to issue the COC and release the bond but get the waiver from the Health Department
for Conservation Commission has a record of the waiver in our file was made by Mr Lynch,
seconded by Mr Napoli Unanimous
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242-182, COC Reguest, 1070 Osgood Street(Beaumont & Campbell)
No one was present Ms Merrill stated the Order of Conditions was issued in May of 1983 for
the construction of an office building No work commenced under this filing The intent of this
request to is to clear all outstanding Order of Conditions on the property's title A motion to issue
the COC was made by Mr Mabon, seconded by Mr Napoli Unanimous
242-1262, COC Request, 240 Charles Street (Greater Lawrence Sanitary District)(Wright-
Pierce
No one was present Ms Merrill stated the Order of Conditions was issued in August of 2004 for
improvements to the stormwater management structures at the Greater Lawrence Sanitary
District An amended Order was issued in March of 2005 for revision of several conditions in the
original Order A representative from Wright-Pierce was retained as the Environmental Monitor
and reports were submitted throughout construction Construction commenced in 2005 and was
completed in late spring of 2007 At that time, I walked the entire site property with Richard
Weare, GLSD and contractor to verify all disturbed areas were stabilized and the removal of
temporary erosion controls measures All areas were completely stabilized with no erosion noted
and all outlets were free of sediment A motion to issue the COC and release the bond was made
by Mr Mabon, seconded by Mr Lynch Unanimous
242-1296, Extension Request& Partial Bond Release, Molly Towne Road, Autumn Chase
Subdivision (North Andover Realty Corporation)(Christiansen & Sergi, Inc.)
Extension Request:
No one was present Ms Merrill stated Order of Conditions was issued in June of 2005 for
construction of 2 single-family dwellings with associated appurtenances, portions of the site's
stormwater management structures and the roadway located within the Autumn Chase
Subdivision The project also includes 4542 s f of wetland replication as compensation for 2271
s f of permanent impacts to the 25-foot No-Disturbance zone The original applicant sold this
subdivision to North Andover Realty Corporation prior to commencement of any activities The
development of the site started in the summer of 2005 To date, all drainage, including the
detention ponds, underground utilities has been installed A binder coated was subsequently
installed prior to digging any of the foundations holes Only 6 lots of original 16 lots have been
developed None of these are jurisdictional The wetland replication was also installed as part of
the first phase of the project North Andover Realty Corporation retained Richelle Denney as the
Environmental Monitor and reports are still being submitted on a weekly basis The wetland
boundary was recently reviewed in the field with Richelle Denney All flags are still up in the
field The boundary was determined to be consistent with the approved line The applicant is
requesting the first one-year extension A motion to issue a one-year extension was made by Mr
Mabon, seconded by Mr Lynch Unanimous
Partial Bond Release:
The applicant is seeking a partial bond release of$13K, which is relative to the replication area
A $21K bond was posted $3K 2 jurisdictional lot=$2K, $13K replication activities The
applicant was required to create 4542 s f of wetland replication as compensation for 2271 s f
of permanent impacts the 25-foot No-Disturbance zone The mitigation area was built in May of
2006 and Richelle Denney has submitted the four seasonal reports Based on the as-built plan for
the mitigation area, it was discovered that it was built slightly larger than approved The
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established plant community continues to thrive with no invasive species observed during any of
my inspections This area occasionally holds water in the spring and after large ram event The
erosion controls were previously removed and the area has joined nicely with the flanking
Bordering Vegetated Wetland Mr Napoli stated partial bond release for subdivision if erosion
of cleaning of catch basin and dention basin temporary stabilized Ms McKay stated I know they
installed the parking lot for access to State Forest of Open Space Mr Lynch stated the applicant
has been replacing haybales when needed and there has been two growing seasons on the
plantings Ms Merrill stated this developer has been great any time Mrs Denney requested
erosion controls be installed they were right there right away with no questions asked they are a
great company to work with A motion to issue a partial bond release in the amount of$13,000
was made by Mr Mabon, seconded by Mr Lynch Unanimous
242-1400, Modification Request, Culvert Replacement Protect-Harold Parker State Forest
(DCR)(Vine Associates,Inc.)
The applicant John Halloran of the Department of Recreation& Conservation and Peter
Williams of Vine Associates, Inc was present Ms McKay stated condition#57 states all work
shall be conducted during low flow conditions, specifically from July 1 st to September 1st of any
given year, to decrease downstream turbidity and to prevent migration of sediments In addition,
condition# 42 states the construction sequence shall specify the all work including stabilization
measures shall be completed during low flow conditions between July 1st to September 1st and
within the active season of the Blanding Turtle May 1st to October 1 st Mr Williams stated we
have hired a Turtle Expert Matt Long of NH and he has been working with Natural Heritage Mr
Mabon stated the Conservation Commission would require your Turtle Expert send a report to
the staff in the Conservation Department A motion to change conditions# 42 & #57 to change
to dates to November 15th to December 30th was made by Mr Mabon, seconded by Mr Lynch
Unanimous
242-1407, Modification Request, Lot 4N-A Turnpike/Berry Street (One Hundred Fourteen
Trust
The applicant Peter Hingoram of One Hundred Fourteen Trust and the applicant's builder Mr
Barrow and the applicant's lawyer Emily M Samansky, Esq was present Ms McKay stated the
applicant requests modification to conditions # 47 of the Order of Conditions pertaining to the
bond The applicant requests that the bond be allowed as a surety bond The Commission voted
to attach a$55,740 s f of the wetland replication x $3 per s f cash bond Condition#47
specifically states that the bond is not to be a surety bond The applicant has proposed a revision
to the condition Mr Hingoram stated Zoning Board of Appeals and their Bylaw control the 40B
only These filings with Conservation Commission were only filed with the Massachusetts
Wetland Protect Act no local fees were paid with these filings Mr Lynch stated�maybe we
should have town counsel review the bond A motion to deny the surety bond was made by Mr
Lynch, seconded by Mr Napoli Unanimous
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Small Project Review
NACC #37, 127 Olympic Lane (Festa)
No one was present Ms Merrill stated this filed under 4 4 2, construction of deck rectangle
shape less than 300 s f three hand dug sono tubes A motion to accept as a small project was
made by Mr Lynch, seconded by Mr Mahon Unanimous A motion to ratify small project as
drafted was made by Mr Lynch, Mr Mabon Unanimous
No Recess
Public Hearings at: 8:10 P. M.
Request for Determination of Applicability
660 Great Pond Road (United Methodist Church)(Norse Environmental Services,
Inc.)(cont. from 10/24/07)
The applicant Reverend Larry J Peacock of United Methodist Church and Maureen Hanley of
Norse Environmental Services, Inc was present Ms Merrill stated the plans were revised to
omit the future driveway extension and the temporary gravel driveway was moved outside of the
Buffer Zone The erosion controls will be installed near the down gradient of the Bordering
Vegetated Wetland to avoid potential sedimentation encroachment This is note was included on
sheet 2 Mr Lynch stated a check dam with stones should be installed were the driveway area
has deep slope to keep water run-off clean A motion to issue a negative determination with
conditions was made by Mr Lynch, seconded by Mr Napoli Unanimous
Open Space change of Use-Portion of Town Farm/Forest
Tyler Monroe and Terry Holland of North Andover Boosters Club Fields Commissioner was
present Mr Mabon read the legal notice Mr Masse stated I had town counsel review this
proposal and this was granted as of 1997 Town Meeting approved land to be used as Open Space
therefore, this area can not be used for fields unless you could put a warrant on Town Meeting of
next year to see if the people would remove the land as Open Space for perpetuity May be other
areas in town like foster farm or Boxford State Forest of Sharpeners Pond Road The
Conservation Commission takes no action Mr Monroe stated I am only a volunteer for Soccer
Association Mr Masse stated do not make Conservation Commission look like the bad guys for
this project because I received calls from the Town Manager for this project stating the
Conservation Commission is giving this project a hard time going thru This project has been
closed no further action would be taken on this project
Notice of Intent(s)
242-1415,233 Johnson Street(Bresnahan)(New England Engineering Services,Inc.)(cont.
from 10/24/07)
The applicant Mr John Bresnahan and Ben Osgood, Jr of New England Engineering Services,
Inc was present Ms Merrill stated the plans were revised based on the comments I made A
more detailed weir was added to show 4' foundation and pond elevation The plans identify
temporary disturbance in 2 separated areas Comments regarding reshaping underneath spillway
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to pre-existing ground elevations Tree removal Site access and modification to erosion controls
The restoration for temporary disturbance only called for loam and seed The pond shall be
brought back to original conditions The edge of water near WF A4 and A5 and B7 & B8 should
be loamed and seeded with wet seed mix to ensure proper stabilization The clump of multi-flora
rose invasive and bittersweet vines invasive located to the south of A5 should be removed and
disposed of properly The access area should remain free of saplings in order to gam access to
the spillway for maintenance purposes DEP no comments Mr Lynch stated the elevation 96 to
100 erosion structure spillway should top flow analysis should be done here There should larger
weir 6 inches deep and 6 inches wide Mr Osgood, Jr stated adjacent property dam spillway
concrete remove siltation will be removed 7 to 10 sapling trees would be removed and 3 trees 1
& 4 inches temporary trench to berm coffer dam steel plates A motion to close and issue a
decision within 21 days was made by Mr Mabon, seconded by Mr Napoli Unanimous
242-1398, 575 Osgood Street(Edgewood Retirement Community,Inc.)(Christiansen &
Sergi,Inc.)(cont. from 10/24/07)
The lawyer for the applicant Mr Robert Lavoie of Devine & Millimet was present Ms McKay
stated the applicant is requesting a continuance to the meeting of 11/28/07 Ms McKay stated
the Conservation Commission should set up another escrow account because there is a new
engineer firm Christiansen& Sergi, Inc A motion to set up escrow account in the amount of
$3,000 was made by Mr Lynch, seconded by Mr Mabon Unanimous
242-1401, Lot 2 Forest Street(Plasinski)(Professional Land Services)(cont. from
9/16/07)(reguest to cont. to 11/28/07)
No one was present Ms McKay stated the applicant is still working with Natural Heritage has
not been completed the review or finalized A motion to continue the November 28, 2007
meeting was made by Mr Mabon, seconded by Mr Lynch Unanimous
242- , 357 Dale Street(McCarthy)(New England Engineering Services. Inc.)
The applicant Frederick McCarthy and Ben Osgood, Jr, of New England Engineering Services,
Inc and Abutter Dave Rand of 280 Dale Street was present Mr Mabon read the legal notice
Ms McKay stated the filing is for razing of an exiting single-family dwelling for the
construction of new single-family dwelling, removal of existing pavement, utility installation
water& sewer and planting activities within the Buffer Zone to a Bordering Vegetated Wetland
The grading associated with the work will be minimal The Conservation Commission discussed
the Cat 2 per the Commission comply The property falls within the Watershed Protection
District and has been filed with Planning Board The Planning Board waived outside review by
VHB and has allowed Town Engineer to conduct a review The letter submitted by Town
Engineer indicating that DPW has no issues or concerns with the project as proposed Revised
plans have been submitted The Commission may want to consider additional buffer zone
plantings During my site review, I had determined that the wetland boundary was accurate from
the property boundary, with the exception to flag A-3 moved just several feet but clear The
wetland is still under review, since additional on property wetland flags were recently added to
revised plans as requested The applicant is anxious to start work before this years frost, so if no
DEP # has been issued, I can have a draft decision prepared for the next meeting A motion to
continue to November 28, 2007 meeting was made by Mr Lynch, seconded by Mr Napoli
Unanimous Mr David Rand of 280 Dale Street stated I have no problem what Frederick
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McCarthy wants to do on his property but the water problem on my property with a 15 inch pipe
the run-off from Bear Hill Housing the dention basin never work on Bear Hill the Town of North
Andover does not have any money to study on the problem from Bear Hill Development What
happens the water flows down the hill when pipe cannot handle any more water it floods over the
street and causing big pudding in the roadway The Conservation Commission stated Mr Rand
we are here for Frederick McCarthy project only
Decisions
242-1403,22 Woodlea Road
No one was present Ms McKay stated the bond amount set at $500, installation infiltration
trench, 12 x 12 deck, staked corners of deck and patio before installation A motion to accept the
Order of Conditions as drafted was made by Mr Lynch, seconded by Mr Napoli Unanimous
242-1415,233 Johnson Street
No one was present Ms Merrill stated the bond amount set at $1,000, Environmental Monitor,
wet seed mix, remove all tree debris off site, after construction require the fish to flow thru the
area like it was in the past A motion to accept the Order of Conditions as drafted was made by
Mr Lynch, seconded by Mr Mabon Unanimous
A motion to adjourn the meeting at: 10:05 P. M.was made by Mr. Lynch, seconded by Mr.
Mabon. Unanimous.
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