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HomeMy WebLinkAbout2008-06-25 Conservation Commission Minutes Conservation Commission Meeting Minutes June 25, 2008 Members Present: John J Mabon, Chairman, Sean F McDonough Vice Chairman, Deborah A Feltovic, Louis A Napoli, Scott L Masse Members Absent: Albert P Manzi, Joseph W Lynch Staff Members Present: Jennifer A Hughes, Conservation Administrator, Donna M Wedge, Conservation Secretary Scott L. Masse arrive at the meeting at: 8:20 P. M. Meeting came to Order at: 7:10 P. M. Quorum Present. Pledge of Allegiance General Business 242-1,354, COC Request, 10 Inglewood Street(Xenakis)(John F. Mcouilkin, P. E.)(cont. from 6/11/08) The applicant Mathew Xenakis and John Xenakis and John F McQuilkin P E was present Mr McQuilkin stated the infiltrators were installed differ from the approved plan but the infiltrator was installed different because the house only one story house not two story there stone apron 14 cubic s f in the back yard Mr Mabon stated Mr Lynch is not at this meeting and he was the member that had concerns so we should continue this discussion to the next meeting There is cutting behind the wall that needs to stop that is resource area Mr McDonough stated the infiltrator deviation this would a modification after the fact Mr Xenakis the dumping area has been there for long time the neighborhood dumping ground The applicant would work by hand cleaning up the all the dumping over the years There should be no dumping signs installed in this area Also wetland markers should be installed along the wetland line for warning do not throw any trash within the resource area A motion to continue to July 9, 2008 meeting was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1052, COC Request, 492 Sutton Street (Curley Construction)(Christiansen & Sergi, Inc.)(Request to cont. to 7/9/08) No one was present No action No Quorum Mr Napoli left the room an abutter 242-1371, COC Recluest, 140 Marian Drive (Tilley)(Merrimack Engineering Services, Inc.) The applicant Mr Kenneth Tilley was present Ms Hughes states the site was inspected markers were on the trees, site stable and visible parts of the system are constructed in accordance with the as-built plan system installed slightly farther away by 3-feet The erosion controls have been removed A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1307, COC Request, 144 Thistle Road (Lot 34)(Munroe)(New England Engineering Services, Inc.) No one was present Ms Hughes states all structures are built according to the as-built plan and site is stable The stonewall is properly located and markers are in place The special condition #63 states buffer zone enhancement plantings may be required The access to wetlands to west of the house is difficult There is mix of white pine, oak and Highbush blueberry in this area There is area replication area to the south of the stonewall that was part of the Subdivision filing Mr McDonough stated you did measure the line to stonewall Ms Hughes stated yes I measured in the field from stonewall to the wetland area measured 56-feet away A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1363, COC Reguest, 1150 Salem Street (Farr)(New England Engineering Services, Inc. No one was present Mr West inspected the site stable no issues A motion to issue the COC and release the bond was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1250, Modification Request, Adams Avenue(DPW)(Weston & Sampson Engineers, Inc. No one was present Ms Hughes states I met with Gene Willis Town Engineer at the site The blueberry bushes planted last year are well established and thriving I will inspect them again when we receive a COC request and will recommend cessation of monitoring if they continue to thrive The modification also seeks to define berming required by the Order of Conditions As proposed, a Cape Code berm and sidewalk will be constructed on the south side of the road Department of Public Works proposes under the modification to use spill berming on the south side Both Cape Code berms and spill berms can be displaced by plows If either is displaced, erosion along the roadway may occur All drainage will now flow into constructed catch basins at the end of the road rather than sheet flow into the stream as it did in the past A motion to accept the modification Condition#37 to remove the requirement of monitory for 2 years Conservation Staff will do and Condition#58 to remove the requirement of installation bituminous berm along roadside edges was made by Ms Feltovic, seconded by Mr Napoli Unanimous Small Project NACC#41280 Candlestick Road No one was present Mr McDonough stated this a 4 4 2B in kind replacement Ms Hughes states Mr West reviewed the wetland line and inspected the site The proposal is to decrease the size of the existing deck and relocate stairs The result is an improvement over existing conditions all work being done by hand soil stockpiling left side of the house A motion to ratify this as a small project 4 4 2B was made by Mr McDonough, seconded by Ms Feltovic Unanimous A motion with conditions to require wetland markers, soil stockpiling to left side of the house, material left over removed off property was made by Mr McDonough, seconded by Ms Feltovic Unanimous 2 Enforcement Order Updates Ms Hughes states in the future I will require appropriate flings i e small project, RDA,NOI for activities commenced without one These Enforcement Orders were issued with requirements for restoration plans and that is what I have worked on with the Homeowners 60 Raleigh Tavern Lane Chris Paquette of C Parks, Inc was present Ms Hughes states Chris Paquette has submitted drawings on previously surveyed plans of the property Mr West confirmed the wetland boundary in the field The lot slopes gently toward an existing stonewall and the resource area The plan shows planting of the entire 25-foot No-Disturbance zone although there are sections that were not disturbed I recommend that you approve the planting plan as submitted and allow me to confirm field location of the plants with the applicant and his representative Vegetation is proposed to prevent incursion into the resource areas If a physical barrier is required, I recommend post and rail fence, as there is rock wall several feet off of the wetland line Markers should also be placed every 20-30 feet along the 25-foot No-Disturbance zone This work should be completed as soon as possible to stabilize the site and to avoid planting in the driest summer weather If planting does not occur within the next two weeks, daily watering should be required The Enforcement Order should not be lifted for at one year to be sure site is stabilized and the restoration is successful 642 Turnpike Street (Update) Ms Hughes states the property owner submitted a draft restoration plan after the last meeting did not have the resource areas located on the plan I asked that he hire a surveyor 865 Great Pond Road Ms Hughes states I met with the property owner Mr Jose Baez, on site He previously cut 4 dead trees along ponded edge of wetland on his property I have drafted a letter to Mr Jose Baez in your packets requiring the he remove the three smaller diameter trees and the associated branches from the resource area as required in the issued Enforcement Order No construction vehicles are to be used in this process The fourth tree, a very large diameter oak, should be left in the pond swamp for wildlife habitat value, turtle basking, breeding and nesting habitat The removal of this tree would result in more disturbance than leaving it in place This property has been historically mowed to the edge of the resource area in several locations The letter requires that Mr Jose Baez place markers on the three trees in 25-foot No-Disturbance zone to prevent further cutting in this area This work is to be completed by second week of August A motion to accept the letter as written was made by Ms Feltovic, seconded by Mr Napoli Unanimous Enforcement Order Ratification Friends of North Andover Trails (Annual Vegetated Management Plan)(cont from 5/28/08) The applicants Dennis 0' Sullivan and Thomas Powers, members of the Friends of North Andover Trails was present Ms Hughes states the copies of the plans and maps were corrected Mr Napoli stated the Shawsheen River map looks fine now Mr Manzi stated the Town Farm map looks fine now A motion to ratify the Enforcement Order was made by Ms Feltovic, seconded by Mr Masse Unanimous 3 No Recess Public Hearings: 8:25 P. M. Request for Determination of Applicability RDA 480 Rea Street(Romano) The applicant Mr Richard Romano was present Ms Hughes states I met with Mr Romano in the office and on-site to help him develop an acceptable plan and filing Initial dealings with Mr Romano were stained due to a miscommunication with the Building Department that resulted in a stop work order from them The plans show partially constructed deck, fully constructed stairs retaining wall most of the wall was existing, only the stair section was new, and the disturbed area of vegetation The previous order of conditions designated a 50' No-Disturbance area, a portion of which has been cut Revegetation of the disturbed area is proposed I recommend markers be placed on trees along 50' no-disturbance zone A stonewall in this location would result in 2 walls within 30-feet of each other All construction is located outside 60-feet No Construction zone with the exception of a driveway resurfacing I recommend a negative#3 finding with a condition that makers be used to monument the 50-foot No-Disturbance zone A motion to issue a negative determination#3 was made by Ms Feltovic, seconded by Mr Napoli Unanimous Notice of Intent (s) 242-1428, Lot4N-A, Turnpike Street (Merrimack Condominiums)(One Hundred Fourteen Trust)(Patrick C. Garner Company,Inc.)(cont. from 5/28/08)(Reguest to cont. to 7/9/08) No one was present Ms Hughes states the applicant request to continue July 9, 2008 meeting A motion to continue to July 9, 2008 meeting was made by Mr Masse, seconded by Ms Feltovic Unanimous 242-1432,28 Stonewedge Circle (Sullivan)(Eugene T. Sullivan Consulting Engineers, Inc.)(cont. from 6/11/08) The applicant Eugene T Sullivan of Consulting Engineers Inc was present Ms Hughes states the wetland line was survey located on the property and reviewed by LEC with one flag change I am satisfied with the wetland line and recommend closing hearing The Commission requested I draft the order of conditions for the meeting in anticipation of it being closed The conditions are before you tonight A motion to close and issue a decision within to 21 days was made by Ms Feltovic, seconded by Mr Napoli Unanimous 242-1434, 991 Johnson Street (DeMatteo)(New England Engineering Services,Inc.) Ben Osgood, Jr of New England Engineering Services, Inc was present Mr Masse read the legal notice Ms Hughes states I confirmed the wetland line in field and recommend closing the hearing issuing a decision within 21 days A motion to close and issue a decision within 21 days was made by Mr McDonough, seconded by Ms Feltovic Unanimous 4 r ' 242-1435, 69 Oakes Drive (Carev)(New England Engineering Services, Inc.) Ben Osgood, Jr of New England Engineering Services, Inc and Abutters Mr Santo Bonaccorso of 68 Cricket Lane and Mr Warren Markowsky of 67 Cricket Lane was present Mr Masse read the legal notice Ms Hughes states I reviewed the wetland boundary with the property owner The wetland is larger that delineated I informed Ben Osgood, Jr and asked that he accompany Mr West to the site He was not available to do this and Mr West expanded the delineation and placed new flags in the field Mr Bonaccorso of 68 Cricket Lane states since they built that house at 70 Oakes Drive there has been water problems on our properties Ms Hughes states the wetland resource area has increased in size therefore this has to be delineated by Mr West to the south side of the house the A series flags A motion to continue to July 9, 2008 meeting was made by Mr McDonough, seconded by Ms Feltovic Unanimous 242-1427, 3 Boxford Street, 116 Ogunquit Road,Water Line (Breen)(The Neve-Morin Group,Inc.)(cont. from 6/11/08)(Reguest to cont. to 7/9/08) No one was present A motion to continue to July 9, 2008 meeting was made by Ms Feltovic, seconded by Mr Masse Unanimous Decisions 242-1427,300 Webster Woods Road Ms Hughes states the bond amount set at. $2,000, condition# 70 requires a cartridge filter system no back backwashing and pool chemicals stored outside 50-foot No-build zone A motion to accept the Order of Conditions as drafted was made by Mr Masse, seconded by Ms Feltovic Unanimous 242-1430, 859 Winter Street Ms Hughes states the bond amount set at $1,000, environmental monitor, condition#46 requires steel plate over drainage pipe for construction vehicles access A motion to accept the Order of Conditions as amended was made by Ms Feltovic, seconded by Mr Masse Unanimous 242-1432, 28 Stonewedge Circle Ms Hughes states bond amount set at$500 A motion to accept the Order of Conditions as drafted was made by Mr McDonough, seconded by Ms Feltovic Unanimous 242-1399 Berry Street Ms Hughes states letter to address changes required to the original as a result of the modification These include allowing construction within the 50-foot No-Build zone and a requirement to notify Natural Heritage Endangered Species Protection of the project modification The letter marled today after review by Mr Mahon and Mr Masse Consultation 242-1230, 60 Saville Street (Lot 3) Ms Hughes states Mr West brought this before you previously There is a stonewall on the property 45' from the resource area The owner would like to put a swing set behind the wall but outside the 25-foot No-Disturbance zone He would need to clear the area vegetation and would 5 replace it with wood chips or similar surface This raises two issues 1) is swing set a structure per the bylaw and 2) Is the Commission open to allowing clearing beyond the stonewall established to deter incursions into the resource areas9 The applicant also wishes to provide an opening in the wall for his children to pass through but could access the structure at the end of the stonewall at the property line see as-built plan If the answer is yes, I would recommend a small project filing The Conservation Commission reviewed the copies of the as-built plan and they said this wall is right at 25-foot No-disturbance zone Mr Napoli stated this wall is right on the 25-foot No- Disturbance zone no work can be done within this area at all A motion to adjourn the meeting at: 10:15 P. M. was made by Mr. Masse,seconded by Ms. Feltovic. Unanimous. 6