Loading...
HomeMy WebLinkAbout1996-03-06 Conservation Commission Minutes North Andover Conservation Commission March 6, 1996 Senior Citizens' Center 7:00 P.M. Present George L Reich Joseph W Lynch Robert L Mansour Albert P Manzi, Jr Deborah Feltovic Joseph Mottola Scott Masse STAFF Michael D Howard Julie A Parrino Chairman Reich called the meeting to order at 7 00 P M Minutes Motion by J Mottola to approve the minutes of February 21, 1996, second by S Masse Vote 7-0-0 New Business 242-717, Lot B Summer Street, Comphance issues, Continued from February 7, 1996 At the meeting of February 7, 1996, the commission issued an Enforcement Order which required the applicant to provide a 25' no-disturbance zone restoration plan The enforcement order also required a bond increase from $3,000 to $5,000 Mr Les Godin of Merrimack Engineering Services, the applicant, and Adele Fiorillo of Wetlands Preservation, Inc appeared before the commission The applicant proposed a fence along the 25' no-cut zone and proposed plantings in the 25' no-cut zone that was disturbed They are proposing a post and rail fence M Howard stated a 2 1 slope is being proposed, however, this sloped buffer is not as effective as a flat slope M Howard would like the applicant to either add a retaining wall and restore the original grade of the slope or include an additional planting area to the rear of the house The commission questioned the original slope The area was originally flat Adele stated that if the commission wants original grade, a steep retaining wall would need to be installed M Howard stated his intent is to restore the original buffer zone The slope buffer zone is not providing the same benefits as a flat grade North Andover Conservation Commission March 6, 1996 2 The proposed plantings include white pine and cranberry M Howard stated the applicants are requesting to maintain the 2 1 slope with woody vegetation as compared to previous conditions of a flat grassy meadow buffer zone Adele feels white pine will grow fine on the slope M Howard is concerned with the long term viability of the plantings on the slope and does not have experience with white pines being planted on slopes Biomatting would be placed on slope for stabilization M Howard suggested more shrubs on slope such as upland dogwood species M Howard stated that if the commission accepts the 2 1 slope, he would like to modify plantings on the slope R Mansour does not have a problem with the proposed fence He does not feel people will dump grass clippings on shrubs that were planted M Howard stated he has no preference in regards to the style of wall Possibly a modification to the filing would be possible for the proposed work M Howard is willing to accept the slope with planting modifications J Lynch stated two growing seasons are needed for restoration plantings Motion by R Mansour Modify the Order of Conditions to require that a) a split rail cedar fence shall be installed along the 25' no-cut zone and, b) allow modifications to the planting plan as approved by the Conservation Administrator and, c) increase the bond up to $5,000 and, d) initiate plantings when conditions allow at the discretion of the Conservation Administrator, second by D Feltovic Vote 7-0-0 242-720 Lot 41 149 Lancaster Road Modification to Order of Conditions and Certificate of Compliance Mr Katzman, the applicant appeared before the commission Scott Giles, R L S addressed the commission and stated that last year a request was made to the commission for a Certificate of Compliance which was denied because the pool encroached within the 50' No-Build Zone Mr Katzman stated he is before the commission this evening to request a Modification to the Order and also a Certificate of Compliance There are two filings, one is for the house, the other is for the pool The house was relocated, however, it met the setbacks A Certificate of Compliance has been issued for the house The pool plan was not certified, therefore, setbacks were not met The commission has seen this problem in the past Motion by J Lynch to Issue a Modification to the Order of Conditions to allow the pool to remain 46' from the wetland resource area, second by R Mansour Vote 7-0-0 Motion by J Lynch to Issue a Certificate of Compliance, second by J Mottola Vote 7-0-0 242-627, Lot 15 Carriage Chase, Expired OOC -Discussion The Conservation Department discovered that the Order of Conditions expired on December 9, 1995 The project was in litigation for some time therefore there was some confusion with the • North Andover Conservation Commission March 6, 1996 3 expiration date but Town Counsel had confirmed that regardless of litigation issues, the permit had in fact expired Extension permits cannot be granted on expired Orders of Conditions M Howard feels a re-filing is a red-tape affair and believes the remainder of the work should be carried out under an enforcement order as the majority of remaining work is related to stabilization Motion by R Mansour to Issue an Enforcement Order until June 9, 1996 for completion of work, second by Joseph Mottola, Vote 7-0-0 Discussion Motion by R Mansour to authorize the expenditure of$250 from the filing fee account for the purposes of purchasing a light box, second by A Manzi Vote 5-2-0 G Reich and J Lynch opposed G Reich stated the commission must carefully monitor expenditures of filing fees and he requested a copy of the budget report prior to any more expenditures Public Hearings Notices of Intent 242-791, Lot 6C Turnpike Street, Continued from 2/7/96 The commission received a written request from the applicant to continue this hearing to March 20, 1996 Motion by J Lynch to continue to March 20, 1996, second by R Mansour Vote 7-0-0 242-784, Abbott Village Estates, Continued from 2/7/96 Benjamin Osgood, Jr and Peter Ogren of Hayes Engineering appeared before the commission and submitted a revised plan Mr Ogren provided an overview Since the last meeting all wetland lines have been reviewed, soil tests have been conducted The wetland lines changed as a result of field work a and soils delineation The driveway wetland crossings have been eliminated The applicants are only seeking crossings associated with the roadway The commission asked the applicant to go before the Planning Board The applicant appeared before the Planning Board and the Planning Board feels access through to Salem Street is necessary The Applicant is filing as a limited project Planning feels access through to Salem Street is necessary under their regulations The replication is proposed at 2 1 At the direction of the Conservation Administrator the replication areas have been moved to more suitable conditions The applicant has completed the hydro calcs for NACC review Mr Ogren explained components of the hydrologic report tables North Andover Conservation Commission March 6, 1996 4 on specific detention basins Reduction in off-site peak flow BVW is not shown on original plan at end of Thistle The roadway grading has moved away from wetland to maintain 25' no-cut M Howard read a letter from the Town Planner discussing Planning's decision not to allow Nutmeg to be a cul-de-sac J Lynch questioned if details of crossings have been submitted No details have been submitted There is a 24-inch pipe at crossing on Nutmeg M Howard clarified what a `detail' is Ben Osgood, Jr stated he understands what M Howard wants and will provide the information J Lynch is uncomfortable with Planning's decision for a need to protect public safety The commission stated they would like to see Nutmeg have two cul-de-sacs to eliminate the Nutmeg wetland crossing Mr Ogren stated the Planning Board is seeking a connection from Abbott Street to Salem Street J Lynch read the regulations and feels the Planning Board's discretion is with the width of the roadway M Howard stated his concerns with the closeness of the road to Lot 43 Benjamin Osgood, Jr stated the Department of Public Works does not want the road pulled away from the wetlands M Howard stated the drainage calculations need to be sent out for review Suggestion to setup an,escrow fund in the sum of$10,000 to be paid by applicant The money would be withdrawn by the town and paid to outside consultants for drainage reviews The commission requested that water and utility lines be put on the plan Mr Ogren stated individual plot plans will be submitted before the Form U sign-offs detailing setbacks and water and utility connections Howard Speicer contends that the five houses at the end of Thistle are legally created lots that have the right to be accessed therefore warranting limited project status The applicants have not proposed shortening the road to avoid the wetland crossing M Howard disagreed - Comments have been received from the Rachel Freed of the DEP - Peter Ogren stated No Andover's Bylaw allows up to 5,000 s f of freshwater wetland alteration and the state allows up to 5,000 s f of BVW - A motion is needed to establish an escrow account - The center line of the road, the replication area and house locations must be staked for the site walk scheduled for March 16, 1996 at 8 00 AM The Commission has requested the following from the applicants The plans should depict the limit of BLSF (i a 100 yr Floodplain)with a specific line type and notation Detail sheets should be provided accurately depicting"level spreaders", "outlet control structures", and the"concrete weir with orifices", North Andover Conservation Commission March 6, 1996 5 Detail sheets and topographic plans must reflect the same control structures (i a Nutmeg Lane crossing), An attempt should be made to maximize the 25' No-Disturbance Zone where the sewer line encroaches, Lot 8/9 - maximize discharge distance from the edge of wetlands, Revise NOTE on plan to incorporate"all subsurface utilities to be approved by the Conservation Administrator " and wetland flags not approved", - The plans should depict all foundation drains and decks, - Provide a cross section of the Nutmeg Lane Detention Pond, - Do the level spreaders need to encroach within 25' of the wetland resource areas? - Provide a detailed,construction sequence, - Stake the CAL of road and the wetland replication areas, and - Utilities will be shown on individual plot plans before Form U sign-off Motion by J Lynch to establish an escrow account for $10,000, second by S Masse Vote 6-0- 1 A Manzi abstained The commission scheduled a sitewalk for Saturday, March 16, 1996 at 8 00 A M Motion by J Lynch to Continue to March 20, 1996, second by D Feltovic Vote 6-0-1 A Manzi abstained A Manzi left the meeting 242-792, Chestnut Street, 11 Lots(Woodlea Estates), Continued from 2/21/96 The commission received a written request from the applicant to continue this hearing to March 20, 1996 The applicant did re-notify all abutters On February 21, 1996 the applicant, Thomas Lauda.ni, requested continuance to March 6, 1996 guaranteeing that his engineer would be ready A discussion was held among the commission members whether to continue or close the public hearing Motion by J Lynch to continue this hearing to April 3, 1996, second by D Feltovic Vote 6-0-0 North Andover Conservation Commission March 6, 1996 6 242- , 228 Forest Street, Belford Construction Proposal is for the construction of a single family home, driveway, subsurface disposal system and grading within the buffer zone of a bordering vegetated wetland An existing house remains on the site which will be removed Julie Parrino has inspected the property Flags AA-1 to AA-9 have been approved A culvert exists in the ditch which is not shown on the plan The ditch could potentially be an intermittent stream Whether it is jurisdictional needs to be determined Current weather conditions do not allow for the proper inspection of the ditch Running water was observed flowing in the ditch The Conservation Department will re-visit the site when conditions allow The lot is very close to a mapped area of'Estimated Habitat for Rare Wetlands Wildlife' estimated habitat for rare and endangered species The Commission has asked the applicant to submit a copy of the NOI to the Natural Heritage Program for review The cornmission requested the following from the applicant a) Spot elevations of the 'ditch' to determine flow, b) Site visit with the commission, and c) forward a copy of the Notice of Intent to the National Heritage Program Motion by S Masse to continue to March 20, 1996, second by D Feltovic Vote 6-0-0 Abbreviated Notice of Intent: 242- . 90 Perini Lane, Glennon&Margaret O'Grady The applicant is requesting a waiver from the 50' No-construction zone Mrs O'Grady approached this Department approximately two years ago and inquired about the feasibility of building an addition onto her house Julie Pamno and Michael Howard inspected the property and based on the manicured lawn/house position in relation to the existing BVW, the department advised Mrs O'Grady on how to file The wetland line was delineated by the Julie Parrino and approved by Michael Howard Although the applicant is requesting permission to construct an addition within 27 feet of a wetland resource area, it is within the confines of a manicured lawn portion of the property The commission reviewed the plans and determined that the work is limited to the buffer zone and within the confines of an existing manicured lawn The applicant is to be responsible for installing erosion control at the limit of work and contacting the Conservation Department prior to construction Motion by R Mansour to issue a Notice of Non-Significance, second by J Lynch Vote 6-0-0 A Manzi abstained North Andover Conservation Commission March 6, 1996 Adjourn Motion by D Fel is to adjourn, second by R Mansour Vote 6-0-0 George L keich, Chairman