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withdrawn, several modifications include two egresses decks on two posts with stairs From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
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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
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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
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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
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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.
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