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HomeMy WebLinkAbout1996-04-17 Conservation Commission Minutes North Andover Conservation Commission April 17, 1996 7:00 P.M. Town Hall Conference Room Present: George L. Reich Joseph Lynch Robert L. Mansour Albert P. Manzi, Jr Deborah Feltovic Joseph Mottola Scott Masse Staff: Michael D. Howard Donna Mae D'Agata Julie A. Parrino Chairman Reich called the meeting to order at 7.00 P.M. Minutes Motion by A. Manzi to accept the minutes of April 3, 1996, second J Lynch. Vote: 7-0-0. Old Business 242-+634 .Discussion 1737 Turnpike Street Woodland Estates Continued from April 3. M. Howard stated he reviewed the Order of Conditions and measured the square footage of the alteration Less than 1 ,000 s.f. was altered He recommends a fine of$50.00. M. Howard recommends that the applicant assign an Environmental Monitor experienced in wetland science The Environmental Monitor is to provide weekly status reports to the Conservation Administrator. A. Manzi encourages M. Howard to issue a Violation Notice as he does not need the commission to ratify it Motion by A Manzi to Ratify M Howard's decision to Issue a,Violation Notice on the basis of 300 s f wetland alteration, second by D. Feltovic for discussion. D Feltovic asked if the clearing was done for survey work The response was affirmative. Vote: 7-0-0. North Andover Conservation Commission 2 April 17, 1996 The Extension to the Order of Conditions was discussed. G. Reich recommends extending the order to January 26, 1997. Motion by A. Manzi to Issue an Extension to the Order of Conditions to January 26, 1997 with an Amendment to the Order as drafted by the Conservation Administrator, second by D. Feltovic. Vote: 6-1-0, S Masse opposed. G. Reich recommends the Extension be mailed `certified' to both the applicant and the engineer. A Manzi presented a hypothetical question to the commission. He asked if the commission could receive information after the close of a public hearing. G. Reich stated that the commission cannot take information as the Public Hearing was closed. A. Manzi stated hypothetically, "what if an applicant wants to run a project over land of another and has no easements as the applicant claims?" A. Manzi feels that information such as this is, is a causal factor and the commission conditioned the project. S. Masse stated if the applicant's representation turns out to be false, it's difficult to address. The applicant could provide the commission with easement agreements. He agrees with A. Manzi He also agrees with G Reich that evidence brought forward after the closing of a public hearing could not be taken. J. Lynch stated that the plans do not show easements. The applicant is to record the Order at the registry of deeds. G. Reich recalls at the site visit that an abutter stated the DPW had not yet obtained any easements R. Mansour stated no more hypothetical questions can be discussed. R. Mansour recommends the Commission enter Executive Session. G. Reich polled the commission to enter Executive Session: G. Reich, yes R. Mansour, yes D. Feltovic, yes J. Lynch, yes J. Mottola, yes A. Manzi, yes S Masse, yes North Andover Conservation Commission 3 April 17,1996 G. Reich polled the commission to Exit Executive Session* G. Reich, yes R. Mansour, yes D. Feltovic, yes J. Lynch, yes J. Mottola, yes A. Manzi, yes S. Masse, yes The commission returned from Executive Session and informed the public that J. Lynch made a motion to re-open the Public Hearing on May 1 , 1996 on 242-800 for the purposes of gathering additional information and proper documentation, second by D. Feltovic. Vote. 7-0-0. New Business Discussion, Chip McAllister, Sutton Street Service The applicant requested cancellation. 242-627, Lot 15 Carriage Chase, Willner Property, Extension to Enforcement Order Howard Speicher, Esq. gave a brief history of the site. The house is now under construction. The original Order of Conditions expired December 9, 1995. Mr. Speicher requests an Enforcement Order be issued to allow time to finish the work. Motion by A. Manzi to Issue an Enforcement Order to: 1) extend the Order to September 30, 1996; 2) Post the DEP sign; 3) replace haybales; 4) re- install silt fence; 5) and stockpile 15 haybales, second by D. Feltovic. Vote: 7-0-0. 242-483, 193 Rear Boxford Street, Lot 14 & 15, Certificate of Compliance Julie Parrino addressed the commission. She viewed the site. The as-built and the P.E. letter have been obtained. She recommends compliance The commission reviewed the as-built plan. Motion by A. Manzi to Issue a Certificate of Compliance, second by J. Mottola. Vote: 7-0-0. Wo North Andover Conservation Commission 4 April 17,19% 242-461, 242-442, 242-637, Lot 30A Sugarcane Lane, Certificate of Compliance Mr. Robert Janusz is requesting a certificate of compliance for Lot 30A Sugarcane Lane. J. Parrino stated 242-461 is for Jerad Place Phase II, Lots 14-44 Candlestick Road; 242-637 is for Lot 30A Sugarcane Lane and received a Certificate of Compliance dated December, 1993; 242-442 is for Jerad Place II, Lots 14-44 Candlestick Road and was a denial. An as-built was done in 1990. The wetland alteration was 3,748 s.f. / 5,812 s.f. of replication. The plans were reviewed. J. Parrino stated there is neither a wetland replication report nor an as-built plan. Mr. Janusz contends that the wetland replication area was a very successful project. J. Parrino stated that an as- built plan depicting wetland replication areas D, E & F is required A $50.00 fee is also required for a second request for a Certificate of Compliance for 242-461. Motion by A. Manzi to Deny the Requests for Certificates of Compliance for 242-442 and 242-461 , second by D Feltovic. Vote: 7-0-0. 242-095 and 242-140, 113 Bridges Lane, Lot 66, Certificate of Compliance The P.E. letter and the as-built plan have been provided. The commission reviewed the plan. Motion by J. Lynch to Issue Partial Certificates for 242-095 and 242-140 for 113 Bridges Lane, Lot 66, second by D Feltovic. Vote: 7-0-0 242-756, Holt Road, North Andover Landfill, Modification to Order per DEP Plans were submitted and reviewed. DEP is requesting permission to install additional monitoring wells within the limits of on-site wetland restoration areas. The commission agreed to accept the plan dated 05/05/95 Revised 10/31/95 as a Minor Modification to the Order Motion by J. Lynch to allow the Minor Modification to the Order of Conditions, second by J. Mottola. Vote: 7-0-0. North Andover Conservation Commission 5 April 17,1996 Public Hearings At this time the meeting moved from the Conference Room in Town Hall to the Senior Citizens' Center. Requests for Determination 36 Watkins Way, Lot 1, Edward Sullivan c/o Atty. Scarano Atty. Scarano is present and addressed the commission. The dwelling is in Middleton. Middleton issued an Order of Conditions. The work to be done in North Andover is grading/hydroseeding; a portion of the driveway construction; and well installation. The wetlands were flagged by Thompson Company. Numbers were added to the flags to determine Middleton from No. Andover. There is a lot of debris at the site. The applicant will remove it. The plan was reviewed. J. Parrino stated the site is stable. J. Parrino recommends a Notice of Intent be filed. Atty. Scarano requests a negative determination with conditions, i.e., erosion control. R. Mansour recommends a Positive Determination. G. Reich agrees. J. Parrino concurs Motion by R. Mansour to Issue a Positive Determination, second by A Manzi. Vote: 7-0-0. Rte. 114, Map 108C, Lots 29, 30, Map 10713L Lots 76, 77, Sandpiper Realty M Howard addressed the commission. The applicant is requesting confirmation of a wetland delineation from the commission. M Howard stated he spent five hours in the field and the confirmation of the wetland line is only half way done. M. Howard requests a topographical plan. Steven Stapinski, P.E. requested a continuance to May 1, 1996. Motion by J. Lynch to Continue to May 1, 1996, second by D. Feltovic. Vote: 6-0-1. J. Mottola abstained. North Andover Conservation Commission b April 17,19% Lot 4 Sherwood Drive, Jerad IV, Timberland Builders, Inc. Steven Saraceno, Engineer in Training, of Neve Associates addressed the commission. Plans were reviewed and discussed. Motion by J. Lynch to Issue a Negative Determination with erosion controls to be approved by the Conservation Administrator, second by D Feltovic. Vote: 7-0-0. Lot 15 Sherwood Drive, Jerad IV, Timberland Builders, Inc. Steven Saraceno, Engineer in Training, of Neve Associates addressed the commission. Plans were reviewed and discussed. No resource area is shown on the plan. Mr Saraceno provided a copy of the subdivision plan for the commission's review. Motion by R. Mansour to Issue a Negative Determination with erosion controls to be approved by the Conservation Administrator, second by D Feltovic Vote: 7-0-0. Notices of Intent 242- , Lot 10 Chestnut Street, Continued from April 3 M. Howard informed the commission that no comments have been received from the DEP Motion by D. Feltovic to Continue to May 1 , 1996 for DEP comments, second by A. Manzi. Vote: 7-0-0. 242-784, Abbott Village Estates, Continued from March 20 Benjamin Osgood, Jr. requested a continuance to May 1 as the consultant's report has not yet been received. Motion by A. Manzi to Continue to May 1, 1996, second by D. Feltovic. Vote: 7-0-0. North Andover Conservation Commission 7 April 17,19% 242-792, Chestnut Street, Woodlea Estates, Continued from April 3 G. Reich stated that a site visit was scheduled for April 10, 1996. Because of the snowstorm the site visit was canceled. A report from the town's consultant, Coler & Colantonio, was received. Steven Stapinski of Merrimack Engineers addressed the commission. The plan was discussed. Lot 6 proposed detention area was relocated behind lots 8, 9 & 10. The drainage was revised. The calculations were revised The sewer was extended out to Chestnut Street They have the ability to eliminate the pump station. The cul-de-sac grading will be revised because the DPW does not like retaining walls. Mr. Stapinski contends the Planning Chairman will grant a waiver for reduction in the turn-around according to FEMA. The floodplain elevation is 238' Mr Stapinski presented a FEMA Map dated 1993. Mr. Stapinski stated that Neve Associates had FEMA information and the applicant used that information and the commission previously accepted it. The town's consultant recommends going to FEMA. Mr. Stapinski contends FEMA does not do what the regulations want He suggests keeping the floodplain at 236 5' and providing floodplain storage for 238'. G. Reich asked for clarification of the elevation. Mr. Stapinski stated that the elevation is 236 5' Mr. Stapinski is willing to provide compensation for 238'. M Howard stated that the missing data can be found in the flood study. The consultant's report was discussed at length Mr. Stapinski disagrees with much of the report. M. Howard stated the commission should take a stand when the consultant makes a recommendation. A. Manzi stated there is always a difference of opinion and that is why the commission uses consultants. S. Masse agrees and does not disregard what the consultant has to say. Thomas Laudani stated they are not disregarding the consultant's report. G. Reich stated it is in the applicant's best interest to be conservative when he works with the consultant. Mr. Stapinski stated that he talked with the consultant twice and the consultant will not change his mind. A. Manzi questioned the manhole at Station 103.45, crossing stream with sewer pipe. M. Howard stated he conditioned that stream crossing. Motion by A. Manzi to Continue to May 1, 1996, second by S Masse. Vote: 7-0-0. North Andover Conservation Commission 8 April 17,1996 A sitewalk was scheduled for Monday, April 22, 1996 at 6:15 P.M. 242- , Lot 1 Sherwood Drive, Timberland Builders, Inc., Cont. from April 3 M. Howard stated that no DEP comments have been received. A. Manzi stated that he and D. Feltovic inspected the site. The former house was razed five-six years ago and buried on-site. A. Manzi recommends the applicant file for Phase II, 21 E Environmental Assessment around the area of the old house to be certain there are no pollutants/contaminants. The approximate cost is $4,500.00. M. Howard agrees with A Manzi. D. Feltovic saw the cesspool and recommends the Environmental Assessment. A Manzi recommends placing the Phase 11, 21 E Environmental Assessment in the Order of Conditions. A. Manzi stated the home was the former Andreoli home that caught on fire. A 275 gallon oil tank was buried there. G. Reich said if there was oil in the tank it may not be leaking currently but might five years from now M. Howard stated the applicant should excavate out the old house and get the tank out. The plans do not show limits of ruins. J. Lynch wants the Notice of Intent plans to show the ruins; mitigating activities; tank in tact or not? J. Lynch wants this accurately depicted on the plan with a proposal of what is to be done to remove ruins and schedule it with M. Howard The proposed detention pond is located in the area of these ruins The detention pond is approved under the original Order of Conditions. A permit will be required from the Fire Department prior to pulling a tank Motion by R. Mansour to Issue an Enforcement Order for removal of the ruins, second by A. Manzi. Vote: 7-0-0. If spill exceeds 10 gallons, notify the DEP. Motion by J. Lynch to Continue to May 1, 1996 for the DEP # and ruins to be depicted on plan, second by D. Feltovic. Vote: 7-0-0. 242-802, Lot 3 Sherwood Drive, Timberland Builders, Inc., Cont. from 4/3/96 M. Howard stated that comments have been received from the DEP. North Andover Conservation Commission 9 April 17,1996 Motion by R. Mansour to Close the Public Hearing and Issue an Order of Conditions within 21 days, second by D. Feltovic. Vote: 6-0-1. A. Manzi abstained. 242- , Lot 12 Sherwood Drive, Jerad IV, Timberland Builders, Inc. Steven Saraceno of Neve Associates presented plans to the commission. The plans depict a single family house, portion of a driveway, foundation drain and regrading within the 100' buffer zone of a bordering vegetated wetland. There is no deck on the home. There are no decks on any of these homes. Elsie Pouliot asked where the brook is located. Mr. Saraceno showed her the plan. Motion by R. Mansour to Close the Public Hearing and Issue an Order of Conditions, second by A. Manzi. R. Mansour withdrew his motion as the DEP has not yet provided comments. A. Manzi withdrew his second Motion by R. Mansour to Continue to May 1, 1996 for DEP comments, second by A. Manzi. Vote: 7-0-0. 242- , Lot 14 Sherwood Drive, Jerad IV, Timberland Builders, Inc Steven Saraceno of Neve Associates presented plans to the commission. The plans reflect a single family house, a portion of a driveway, foundation drain and regrading within 100' of a bordering vegetated wetland. J. Lynch stated that an abutter called regarding tree cutting at Lot 15. J. Parrino stated she checked and there was no violation. DEP comments have not been received. Motion by R. Mansour to Continue to May 1, 1996 for DEP comments, second by A. Manzi, Vote: 7-0-0. New Business n North Andover Conservation Commission 10 April 17,19% 35 Holly Ridge Road, Discussion, Violation No action. Decisions 242-799, Lot 14 Beaver Brook Road, Evergreen Estates M. Howard read the draft version of the Order of Conditions The Commission discussed the order. Motion by D. Feltovic to accept this Order, second by R. Mansour Vote: 7- 0-0. 242-802, Lot 3 Sherwood Drive, Jerad IV, Timberland Builders, Inc. M. Howard to draft Order. Ad"ourn Motion by R. Mansour to adjourn, second by D. Feltovic. Vote: 7-0-0. Geo a L. Reich, Chairman