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HomeMy WebLinkAbout2008-01-09 Conservation Commission Minutes Conservation Commission Meeting Minutes January 9,2008 Member Present: Albert P Manzi, Jr Chairman, Scott L Masse, Vice Chairman, Joseph W Lynch, Jr, John J Mabon, Deborah Feltovic, Sean F McDonough, Louis A Napoli Staff Members Present: Alison E McKay, Conservation Administrator, Donna M Wedge, Conservation Secretary Scott L. Masse arrived at the meeting at: 8:25 P. M. Albert P. Manzi left the meeting at: 8:35 P. M. Meeting came to Order at: 7: 10 P. M. Quorum Present. Pledge of Allegiance General Business 242-1407, Modification Request,Lot4N Turnpike Street,LotlN,2N, & 3N Berry Street (One Hundred Fourteen Trust)(Garner Company,Inc.) The applicant Peter Hingoram of One Hundred Fourteen Trust and the applicant lawyer Donald F Borenstem, Esq, of Johnson&Borenstem, LLC and builder, John Barrow was present Ms McKay stated this item is being placed on the agenda for reconsideration of previously considered modification in regards to the bond,whereas the applicant requests surety bond instead of a cash bond in advice of Town Counsel A motion to issue a modification for condition#47 to accept a surety bond instead of a cash bond was made by Mr Lynch, seconded by Ms Feltovic 4 to I vote Mr McDonough abstained from voting an abutter to the project Mr Borenstem stated the Conservation Restriction needs to be presented to Conservation Commission this would be continued to January 23, 2008 meeting 242-1367, Modification and Partial Bond Release Request,31 Court Street (Castricone)(Giles Surveying) lZichelle Denney of Arrow Environmental was present Ms McKay stated the Order of Conditions was issued in October of 2006 for construction of an addition and two decks, one of which will be cantilevered within the Buffer Zone to a Bordering Vegetated Wetland and 2,500 s f of buffer zone enhancement plantings was also required to offset the minimal disturbance proposed within the 50-foot No-Build Zone Construction activities commenced in October of 2006 shortly thereafter the issuance of the Order The enhancement plantings were installed in June of 2007 and construction activities were completed in July of 2007 Richelle Denney was retained as the project's Environmental Monitor and reports were submitted throughout construction Monitoring reports for plantings have also been submitted as required under the 2 years Upon review of the as-built plan submitted for a COC request, which was recently withdrawn, several modifications include two egresses decks on two posts with stairs From approved addition, additional retaining wall and associated stairs from the existing pool area, and the conversion of a paved driveway to a brick driveway and associated brick walkway In 1 addition to the above, uponf a field inspection, it was observed that 13"x 13" concrete blocks were installed to cantilever the addition in lieu of the approved sono tube footings The applicant has submitted a letter addressing some of the above modifications In regards to the second egress, Building Commissioner, Gerald Brown, approached me in discussion with Mr Brown, in December of 2006 He indicated that the second egress was required under MA building Code In discussion with Mr Brown at the time, it was my understanding that limited ground disturbance for one-second egress would be required I had discussed with Chairman Masse at the time As such, the Conservation Department issued a letter approving a second egress with the understanding that minimal ground disturbance would occur and that only stairs would be necessary I was unaware of any additional modifications until recently Pictures in the field 1/8/08 of the modifications with the exception of the brick driveway and walkway Mrs Denney stated the original wall was coke bottle wall the new wall was replaced within kind area Also the 13"x 13" box was covered by plywood with no disturbance Mr Lynch stated there was an intensive site walk done on this site by the Conservation Commission seeing the pictures Ms McKay submitted the project looks fine A motion to issue the modifications was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1367, Partial Bond Release (Castricone)(Giles Surveying) Mrs Denney stated 43 plantings were planted the cost $735 00 to replace any of the plants if they die back A motion to issue partial bond release in the amount of$2,000 till plant monitoring has be completed was made by Mr Lynch, seconded by Mr Napoli Unanimous 242-1220, COC Request 57, 1.00, 157 Turnpike Street(Englewood Properties, LLC)(VHB)(cont. from 12/19/07) The applicant David Johnson of Urban Retail Properties was present Ms McKay stated the engineer has revised the certification letter to reflect a current certification date, which was required by Mr Masse at the last meeting Mr Lynch stated the plowing company you are using couldn't be plowing the snow within the sidewalk area for safety for the people that use the sidewalks Mr Manzi stated I have gone by this area multiple times during heavy rain storms and the drainage system works very well I am very happy the way the drainage area is working on this property I commend you for great job on this property A motion to issue the COC and release the bond was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-1245, COC Request, Gray Street Water Line (The Litchfield Company,Inc.)(Eastern Land Survey Associates)(cont. from 12/19/07) (Request to cont. to 3/26/08) No one was present Ms McKay stated the applicant request to continue to March 26, 2008 meeting A motion to continue to March 26, 2008 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous Draft Hunting Survey Mr Manzi stated this is just to have a count of the wild life on the property Mr Mabon this letter states the Michael Davidowic was on the property Ms McKay stated he did have a permit to hunt the property Mr Manzi stated just put this letter in file this is just were this belongs a waste of time After Town Meeting the Conservation Commission would have to advertise in Eagle Tribune The Conservation Commission may be thinking of fee to hunt on this property 2 a ' Small Project NACC9 38-67 Cricket Lane Dan Goebel the contactor of the project was present Ms McKay stated this is for expansion of a deck, which is only 288 s f the wetlands are also across the street in the back Isolated wetland on(lakes Drive,there would 9 footings installed, hand dug, erosion controls may be, pre- construction meeting and post construction meeting A motion to accept this as 4 4 2 K project was made by Mr McDonough, seconded by Ms Feltovic Unanimous A motion to ratify as a small project was made by Mr McDonough, seconded by Mr Lynch Unanimous No Recess Public Hearings at: 8:11 P. M. Notice of Intent(s) 242-1398, 575 Osgood Street(Edgewood Retirement Community, Inc.)(Christiansen & Sergi, Inc.)(cont. from 12/19/07) Tony Capachietti of Christiansen & Sergi, Inc Stacey Furlong of Linbeck,Dennis Ingram of Linbeck and Robert W Lavoie of Devine Millimet Attorneys at Law, and Chris Ward of the Trustee of Reservation were present Ms McKay stated last minute items and revisions were being submitted in order to stratify remaining concerns from both out consultant and the Trustees of Reservation I am of the understanding from Lisa Eggleston and the Trustees of Reservation consultant that final items appear to be addressed A letter will be submitted from the Trustee of Reservation consultant at 2 30 today and Lisa Eggleston's final letter will be received later today The applicant is seeking to close the public hearing this evening Although all items may have been addressed and it happens items not addressed can be conditioned, revised plans and documents were submitted last Friday through today and I have not been able to sort through and review the paperwork to ensure that all ducks are in the row It is unwise to close the public hearing without this in-house verification and review A substantial amount of paper work and revisions have been generated for this project since the project opened 8 months ago I also can to my attention recently that additional escrow money is necessary in order to adequately cover Lisa Eggleston review the amount of$2,000 should be sufficient Mr Capachietti stated area G balance flows G1 G2 existing dention pond, and the Stormceptor chamber would handle 100- year storm Mr Lynch stated soil testing done test pits ground water level the cottages have basements Mr Capachietti stated yes but just for storage area Mr Lynch stated you have to check the ground water level because those cellars could be flooded ground water level roof run- off may not have a problem if the cottages were on cement slabs Mr Capachietti at Half Mile Hill ground water elevation is at 152 Mr Manzi stated the record plans would have to be submitted 7 days before the next meeting in case abutters need to review plans A motion to set additional escrow in the amount of$2,000 for third party review was made by Mr Mahon, seconded by Ms Feltovic Unanimous A motion to continue to January 23, 2008 meeting was made by Ms Feltovic, seconded by Mr Mahon Unanimous 3 242-1419, 70 Ogunpuit Road-Lot 1 (Breen)(The Neve-Morin Group,Inc.)(cont. from 12/19/07) Greg Hochmuth of The Neve-Morin Group, Inc was present Ms McKay stated at the last meeting,the Commission requested clarification on Natural Heritage Endanger Species Protection' s review and additional erosion controls consisting of hay bales and silt fence and check dams The plans were revised to incorporate revisions to the erosion controls as requested Natural Heritage submitted an additional letter dated 1/3/08 indicating that additional information was proved by applicant as to not result in prohibited take of a state-listed rare species pursuant to Massachusetts Endangered Species Act regulations Mr Lynch stated the driveway is right on easement if the easement could be problematic for the homeowner This is jurisdictional to the Town of North Andover hopefully the owner never wants put a roadway thru that area because the homeowner would lose their driveway A motion to close and issue a decision within 21 days was made by Ms Feltovic, seconded by Mr Mabon Unanimous 242-1420, 880 Great Pond Road (Ercolini)(Andover Consultants, Inc) Patrick Bower of Andover Consultants, Inc was present Mr McDonough read the legal notice Ms McKay stated the filing is for razing of existing single-family dwelling with an associated driveway and grading activities within the buffer zone to a Bordering Vegetated Wetland associated intermittent stream The 2 4-acre site lies entirely within the Watershed Protection District as lot abuts the lake The stream flows thru through the property as a direct tributary to the Lake In August of this year, the Zoning Board of Appeals granted dimensional variance from the Watershed Protection District's Non-Disturbance buffer zone of Zoning Bylaw relief from setbacks requirement that an addition or expansion be less than 50% gross floor area An existing conditions plan in addition to a proposed plan submitted Existing water and sewer will be used The new single-family dwelling and associated deck are proposed exactly at the 50-foot No-build zone Several measurements from structures are noted on the plan The driveway proposed further from the wetland resource area and new driveway will be paver driveway A retaining wall and an infiltrator trench to capture roof run-off for recharge are also proposed The retaining wall is proposed to the west of the proposed work and is located within of the 50-foot No-Build zone, but outside of the 25-foot No-Disturbance zone The bottom of the trench is proposed at 118 7 feet Roof run-off calculations were provided and are noted on the plan I question the status of the stream on whether it is intermittent vs perennial upon a review prior to the project submission Since that time,the applicant has provided documentation indicating that the stream is intermittent The wetlands were flagged by Steven Erickson of Norse Environmental Services, Inc in March of 2006 In May of 2006, I reviewed the wetland flags and was agreement with the boundary A more recent field review reconfirmed that all flags were refreshed and were accurate with exception to a few flags flag 8A should be moved upgradient to the River Birch and flag 7A should be eliminated The lot is not located within estimated habitat of rare wildlife or within priority habitat of rare species The site is not within the 100-year flood plain The 100-year flood plain boundary hugs the Lake boundary itself in this location and is noted on the plan DEP-comment An undisturbed buffer should be created to protect the wetlands Mr McDonough stated there should 2'x 2' stonewall for a barrier to prevent homeowners from dumping, leaves, brush and grass clippings within the wetland resource areas Mr Lynch stated the stream stats need to be verified also this house is the size of commercial building we need set up escrow account for third party review on stormwater management program plus this area is also our drinking water we need to protect Lake Cochichewick also the 4 bridge and canoe should checked out on the property A motion to set up escrow account in the amount of$ 2,000 for third party review on stormwater management was made by Mr Lynch, seconded by Ms Feltovic Unanimous A motion to continue to February 13, 2008 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous Decision 242-1418, Lot 4 Granville Lane Ms McKay stated the bond amount set at $4,000, environmental monitor on site when work starts then monthly reports, an enhancement/restoration plan incorporating a more diversified tree and shrub layer shall be submitted to the North Andover Conservation Commission for review and approval, separate monitoring reports by wetland scientist spring and fall months for two consecutive growing seasons, construction sequence of construction, stormwater management features, installation of sedimentation/erosion controls, installation of the septic system, and construction of the fieldstone wall before other work begins on site, corners of foundation shall be staked by a Registered Professional Land Surveyor A motion to accept the Order of Conditions as amended was made by Mr Mahon, seconded by Ms Feltovic Unanimous. A motion to adjourn the meeting at: 9:40 P. M. was made by Mr. Lynch, seconded by Mr. Napoli. Unanimous. 5