HomeMy WebLinkAbout1996-06-05 Conservation Commission Minutes North Andover Conservation Commission
June 5, 1996
7:00 P M.
Senior Citizens' Center
PRESENT: George L. Reich Joseph W. Lynch, Jr.
Albert P. Manzi, Jr. Robert L. Mansour
Deborah Feltovic 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 J. Lynch to approve the Minutes of May 1 , 1996, second by A
Manzi. Vote: 5-0-0. D. Feltovic not present.
Motion by J. Lynch to approve the Executive Session Minutes of May 1 ,
1996, second by A. Manzi. Vote: 5-0-0. D. Feltovic not present.
Motion by J. Lynch to approve the Minutes of May 15, 1996, second by A
Manzi. Vote: 5-0-0. D. Feltovic not present.
NEW BUSINESS
242 Chestnut Street, Mr. & Mrs James Doherty, Violation Notice
M. Howard informed the commission that his office received a telephone
complaint of filling and grading in a wetland resource area. A Violation and
Enforcement Order was sent to Mr. & Mrs. Doherty at 224 Chestnut Street.
M. Howard issued a cease and desist and required them to appear before
the commission this evening. The alteration consists of shrub and
herbaceous layer clearing and potential grade changes. M. Howard
requests that a compromise be met with the Dohertys. M. Howard stated the
Dohertys were cooperative when they learned of the violation. Mr. & Mrs.
Doherty are present this evening. Mrs. Doherty stated she wants to put in a
lawn. M. Howard recommends a 5' buffer zone. There is an existing foot
a
North Andover Conservation Comnussion
June 5, 1996 2
bridge at this site. A. Manzi stated he has no problem with M. Howard's
recommendation. R. Mansour suggested M. Howard meet the landscaper,
Curro, and advise him not to do any more work until he meets with M.
Howard. R. Mansour suggested a written agreement be sent to Mr. & Mrs.
Doherty. The Dohertys agreed to work with M. Howard.
George R. Barker, Jr. and Richard Rogers, Agricultural Use Licenses,
Mazurenko Farm
Mr. Barker and Mr. Rogers are present. M. Howard stated that he requested
Messers. Barker and Rogers to attend this evenings meeting to discuss the
Lease Agreement which expires December 31, 1996. J. Parrino met with
Messers. Barker and Rogers at their sites to discuss the management plan.
Mr. Rogers has a 12 acre field. Mr. Barker has a 3 acre field and an 8 acre
field. M. Howard stated that he spoke with the Soil Conservation Service on
May 1, 1996 regarding the acreage fees that the Commission is charging.
The current fee of $22.00 per acre for hayland/alfalfa and $53.00 per acre
for cropland is fair and he recommends the fee schedule remain the same.
Mr. Barker has paid the $240.00 for 1995 but 1996 is due. Mr. Rogers has
paid $582.00 for 1995 but 1996 is due. Mr Rogers disagrees with the fee
as it is not a corn field. G. Reich stated that fees will be set next year. A.
Manzi stated that the $22.00 per acre for the hayland is okay but the $53.00
for the cropland is the problem. A. Manzi stated that $53.00 is high for that
use as silage corn is a pasture use base. The $53.00 is for a garden crop.
The value of the fields was discussed. Under the existing agreement the
fees are set. The,new lease can have new figures. Mr Barker asked for a
one-year self-renewing lease with a 30-day notice. Mr. Rogers is also
interested in renewing the lease.
The use of herbicides and pesticides was discussed. Mr. Rogers stated he
uses no insecticides. He uses Duo and Actozene. A. Manzi stated that
these are standard / acceptable products. Mr. Rogers uses no chemicals.
He uses fertilizer. On the corn he uses Bladex and Frowl. Soils tests and
water quality tests have been performed.
Mr. Barker stated that beavers blocked a culvert. M. Howard will check it.
t
North Andover Conservation Commission
June 5, 1996 3
M. Howard stated that the fees were due May 1, 1996 and he asked to
receive them.
242-725, 37 Anne Road, Eric W. Sided, Certificate of Compliance
Mr. Eric Sided addressed the commission. The Order was for a covered
bridge which he decided not to construct. M. Howard presented photos of
this site to the commission. A fence with no impact was installed.
Motion by A. Manzi to Issue the Certificate of Compliance for 242-725,
second by D. Feltovic. Vote: 6-0-0.
242-392, Rocky Brook Estates Phase 1, Extension Permit, Peter Breen
J. Parrino informed the commission that the applicant has received seven
Extension Permits. The final extension permit expired May 6, 1996. J.
Parrino sent a letter to the applicant requesting a detailed status report
along with as-builts; a letter from a qualified wetland scientist certifying the
replication area has been constructed according to the Order. She
requested that Peter Breen attend this meeting with the required
documents. Thomas E. Neve responded to J. Parrino's letter and stated
that the documents requested will be provided no later than July 15, 1996 as
the request includes a substantial amount of work.
Peter Breen addressed the commission and stated that he had planned to
take his time with this project to be sure it was done right. He gave a history
of the site. The replication area has seen six seasons There are nine lots
left to be developed. Not all are under the jurisdiction of the Conservation
Commission. Everything is haybaled. M. Howard does not want to shut this
project down. The plan was reviewed. All work is outside the 50' no build
zone. M. Howard would like to issue an Enforcement Order to allow the job
to be completed. G. Reich feels the lot in progress should have an
Enforcement Order to allow completion of Lot 17. M. Howard recommends
filings for lots not yet started. The Commission discussed issuing an
Enforcement Order for Lot 17 only. Only two 1-year extensions could be
granted. J. Parrino and M. Howard will work with Peter Breen to advise of
future filings. Thomas Neve is to meet the deadline of July 15, 1996.
•North Andover Conservation Commission
June 5, 1996 4
Motion by A. Manzi to Issue an Enforcement Order for Lot 17 Rocky Brook
Estates as the Order of Conditions has expired for the subdivision and other
lots subject to Conservation Commission jurisdiction will require additional
permits, second by R. Mansour. Vote: 6-0-0.
DECISIONS
242-801, Lot 1, 30 Sherwood Drive
M. Howard read the draft version of the Order of Conditions. The
Commission discussed the order.
Motion by J. Lynch to accept this Order, second by A. Manzi. Vote: 6-0-0.
242-806, Lot 14, 83 Sherwood Drive
M. Howard read the draft version of the Order of Conditions. The
Commission discussed the order.
Motion by J. Lynch to accept this Order, second by A. Manzi Vote: 6-0-0.
242-807, Lot 2, 44 Sherwood Drive
M. Howard read the draft version of the Order of Conditions. The
Commission discussed the order.
Motion by J. Lynch to accept this Order, second by A Manzi. Vote: 6-0-0
242-808, Lot 10, 125 Sherwood Drive
M. Howard read the draft version of the Order of Conditions. The
Commission discussed the order.
Motion by J. Lynch to accept this Order, second by A. Manzi. Vote: 6-0-0.
North Andover Conservation Commission
June 5, 1996 i5
242-809, Lot 11. 115 Sherwood Drive
M. Howard read the draft version of the Order of Conditions. The
Commission discussed the order.
Motion by J. Lynch to accept this Order, second by A. Manzi. Vote: 6-0-0.
242-810, Lot 13, 93 Sherwood Drive
M. Howard read the draft version of the Order of Conditions. The
Commission discussed the order.
Motion by J. Lynch to accept this Order, second by A. Manzi Vote: 6-0-0.
242-804, Lot 6C Salem Turnpike
M. Howard read the draft version of the Order of Conditions. The
Commission discussed the order.
Motion by J. Lynch to accept this Order, second by A. Manzi. Vote: 6-0-0.
PUBLIC HEARINGS
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Property Near 777 Great Pond,Road, Stephen J. Scully, Hayes Engineering
Continued from May 15, 1996
William Bergeron of Hayes Engineering addressed the Commission. This
was continued from May 15, 1996 so that the site could be re-flagged. He
presented a plan revised 6/3/96 for review by the Commission. The site
was re-flagged. M. Howard inspected the site and stated this plan is
accurate. No BLSF is confirmed at this time. M. Howard recommends a
Positive Determinationconfirming an isolated "Local" Wetland and BVW
only. The Determination will reference all flags with the exception of BLSF.
Also, a ditch not subject to jurisdiction is noted and approved on the plan.
Elevation 1,29' is not approved under this RDA.
North Andover Conservation Commission
June 5, 1996 6
Motion by A. Manzi to Issue a Positive Determination referencing flags,
second by D. Feltovic. Vote: 6-0-0.
Lot 1 Forest Street Extension, Hancock Environmental Consultants
Bill Manuell of Hancock Environmental Consultants addressed the
Commission. He stated that the original Notice was submitted in 1992 and
has subsequently expired. This Request is for a proposed dwelling and
driveway 65' from the wetland line. An Order of Conditions (242-595) was
issued in 1992 for this site. He requests a Negative Determination with
conditions that the old business (the former Order) be taken care of. This
site is stabilized and he requests a Certificate of Compliance. The force
main is in place. M. Howard stated that is accurate. M. Howard has a
problem issuing a Negative Determination. He requested the Commission
to approve the line and issue a Positive Determination agreeing with the line
only (which has been modified from the previous filing) and require a Notice
of Intent filing for the remaining work. Mr. Manuell asked if the old business
was taken care of, could this Request have a Negative Determination. He
stated that the house is beyond the buffer zone.
Again, M. Howard recommends a Positive Determination requiring the filing
of a Notice of Intent.
A. Manzi questioned the history. He remembers walking the site. M.
Howard stated a letter was sent to Hancock Environmental requiring the
information necessary to issue a Certificate of Compliance. R. Mansour
stated that the Order expired with no as-built The RDA is on the force main
which has not been tested. Mr. Manuell stated he reviewed the Order and it
did not require pressure testing of the force main. R. Mansour'stated that it
did require an as-built. He stated that the RDA should not be dealt with
until the former Order is dealt with. A Certificate of Compliance is to be
requested to clear the former Order and a Notice of Intent is to be filed.
Abutter, Scott Roth, stated the applicant filed with the Board of Health and
he received abutter notification. He opposes a barrier wall. Abutter, John
Myers, stated he had not been notified. A. Manzi checked the certified
abutters list and stated that the former owner of his property was notified.
North Andover Conservation Commission
June 5, 1996 7
Mr. Myers stated he is concerned with the sewer being pumped and he is
concerned with blasting and debris.
Motion by A. Manzi to Issue a Positive Determination, second by D. Feltovic.
Vote: 6-0-0.
40 Granville Lane, Lot 23, Robert Constantino, N. E. Engineering Services
Benjamin Osgood, Jr. of N. E. Engineering Services addressed the
Commission. He presented plans. He stated that the septic system failed.
It is under water. The lot is one acre. The septic system is behind the
house. The wetland is fed by a drainage pipe. Two test pits were done, the
soil is sand. He designed a minimum size bed. The system is 65' from the
wetlands. A variance from the Board of Health was applied for. The
construction should take two weeks from start to finish.
M. Howard is concerned with the stockpile locations. The grading is outside
the 25' no-disturbance zone. Mr. Osgood stated that the existing system is
sifting diagonally across from the proposed system. R. Mansour has a
concern that if the Board of Health does not give approval, then the plan
could change. Mr. Osgood stated that the Health Agent requested him to
show two trenches and one bed on the plan.
M. Howard recommends a Negative Determination with additional erosion
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An abutter of 50 Granville Lane stated he is concerned with the slope and
surface runoff. He had water problems in his basement. M. Howard agrees
with the wetland shown on the plan. Mr. Osgood stated when sloping next
to a property line, a swale must be installed directing the water away from
the abutter. The proposed system is 5' higher. The slope will be 3.1 in the
direction is runs now. The current slope is 1%. The slope is steeper. The
abutter asked if drainage could be put in rather than a swale Mr. Osgood
responded that a drain pipe cannot be installed along side of septic system.
The swale may be on the abutter's property. The abutter asked if the septic
system could be in front of the house. Mr. Osgood stated that the soil is
better suited in the back of the house as there is ledge in the front, which
would require a bigger system. J. Lynch suggested a barrier wall be placed.
The abutter agreed to meet with the Health Agent and Ben Osgood, Jr.
J
North Andover Conservation Commission
June 5, 1996 8
Motion by J. Lynch to Issue a Negative Determination with Erosion Controls
at the direction of the Conservation Administrator, second by D. Feltovic.
Vote: 6-0-0.
Rosemont and Chestnut Streets, Map 9813, Parcel 3 and Map 98D, Parcel
66
Mark Jacobs of Wetlands Preservation, Inc. (WPI) addressed the
Commission. WPI represents the applicant, Kenneth Rea. Mr. Jacobs
stated that there were two A7 flags on the plan, one was changed to A8. He
stated that he delineated the site last December. He requests confirmation
of the boundary shown on the plan. M. Howard stated the plan is accurate.
At flag Al there is a culvert. M. Howard recommends a Positive
Determination for wetland line shown on the plan only
Dr. Cipro, an abutter, viewed the plan. M Howard informed him he has
wetlands on his property. Dr. Cipro asked about a buffer zone if building is
beyond the stone wall. G. Reich informed Dr. Cipro that there is no proposal
to build before the Commission. The plan simply reflects the wetland line.
Mr. Tom Billhymer, an abutter, stated the applicant can build without permits
from the NACC if he is outside 100' of the wetland. He stated he disagrees
with the wetland line. M. Howard informed Mr. Billhymer that he could
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is was clear that the abutter had no concept of wetland science. Mr.
Billhymer could not provide the name of one wetland plant as seen in the
field. Mr. Billhymer and M. Howard will meet in the field to identify the
vegetation.
Mr. Kevin Forman, 45 Rosemont Drive stated he is concerned about the
removal of trees. He wants his view maintained J. Lynch stated work
cannot be done within 25'. Trees cannot be cut in the wetland. The abutter
asked what is to be built on this site. Mark Jacobs stated he does not know
what is to be built on this site.
The plan was discussed again. The runoff from North Andover
Estates/Heights goes to two detention basins. M. Howard stated the
detention ponds will be made larger.
North Andover Conservation Commission
June 5, 1996 9
M. Howard recommends a Positive Determination.
Motion by A. Manzi to Issue a Positive Determination for Flags Al to B12;
WFC1 to WFC5 only, Plan entitled "Wetland Location Plan" dated REV
6/3/96, note: other wetlands do exist on property, second by D. Feltovic.
Vote: 6-0-0.
Notices of Intent
242-795, Lots 1 and 2 Berry Street, One Hundred Fourteen Trust, Cont.
from May 1
242-796, Lot 4 Berry Street, One Hundred Fourteen Trust, Cont. from May 1
242-797, Lot 6 Berry Street, One Hundred Fourteen Trust, Cont from May 1
242-798, Lot 5 Berry Street, One Hundred Fourteen Trust, Cont. from May 1
Mr. Ken Ahearn addressed the Commission and requested that the four ,
Berry Street filings be continued. Mr. Ahearn did not discuss the
outstanding RDA previously confirming the wetland line. The plan showing
all the property was reviewed. The wet meadow may be closer to the road.
M. Howard is working with Pat Garner. M. Howard stated the line on the
plan is incorrect. R. Mansour suggests closing and denying and the
applicant can re-file in order to get the line correct A. Manzi stated the
applicant needs a soils scientist and revised plans.
Motion by A. Manzi to Continue 242-795, to July 24, 1996, the applicant is to
re-notify the abutters and re-advertise the legal notices for all four Berry
Street filings, second by R. Manzi. Vote: 6-0-0.
Motion by A. Manzi to Continue 242-796, to July 24, 1996, the applicant is to
re-notify the abutters and re-advertise the legal notices for all four Berry
Street filings, second by R. Manzi. Vote: 6-0-0.
Motion by A. Manzi to Continue 242-797, to July 24, 1996, the applicant is to
re-notify the abutters and re-advertise the legal notices for all four Berry
Street filings, second by R. Manzi. Vote: 6-0-0.
North Andover Conservation Commission
June 5, 1996 10
Motion by A. Manzi to Continue 242-798, to July 24, 1996, the applicant is to
re-notify the abutters and re-advertise the legal notices for all four Berry
Street filings, second by R. Manzi. Vote: 6-0-0.
242-792, Chestnut Street, Woodlea Village, Continued from May 15
M. Howard stated the town consultant had no further comments. M Howard
recommends closing the public hearing. Mr. Thomas Laudani stated the
Planning Board closed and requested vegatative screening.
Motion by R. Mansour to Close the Public Hearing and Issue an Order of
Conditions within 21 days, second by A. Manzi. Vote: 6-0-0.
242-805, Lot 12 Sherwood Drive, Jerad IV, Timberland Builders, Cont. from
May 15
M. Howard stated the comments and DEP # have been provided There
were no other outstanding issues.
Motion by R. Mansour to Close the Public Hearing and Issue an Order of
Conditions within 21 days, second by A. Manzi. Vote: 6-0-0.
242-813, Lot 1, 36 Watkins Way, Middleton/No. Andover, Cont from May 15
M. Howard stated the comments and DEP # have been provided. There
were no other outstanding issues.
Motion by R. Mansour to Close the Public Hearing and Issue an Order of
Conditions within 21 days. Vote: 6-0-0.
242- , 410 Forest Street, Lot 1, Joseph Barbagallo, Jr.
Mr. Joseph Barbagallo addressed the Commission The Notice of Intent is
to alter land at 410 Forest Street, Lot 1 for the purposes of constructing a
residential home within the buffer zone of a wetland resource area. Mr.
Barbagallo stated the corner of the house is 85' away from the wetland. M
Howard stated he has no issues and is only waiting for the DEP # and
comments. M. Howard has no issue with the haybale line.
North Andover Conservation Commission
June 5, 1996 11
John King, an abutter across the street, stated there is a vernal pool in back
of this property. M. Howard stated it is not a certified vernal pool. M.
Howard stated he needs Mr. Barbagallo's approval to certify the vernal pool.
Mr. Barbagallo gave permission to M. Howard to have the vernal pool
certified. The septic is 100' from the well. Mr. King stated his well is 35' to
40' from the street and he feels the proposed septic system is too close to
his well. M. Howard stated Mr. King should check with the Board of Health
Agent as this is outside the jurisdiction of the Commission.
Motion to Continue to June 19, 1996 for DEP Comments and #, second by
A. Manzi. Vote: 6-0-0.
242- , 77 Sugarcane Lane, Lot 11, Catherine M. and Edward F. Shaw
Scott Giles addressed the Commission. Mr. and Mrs. Shaw are present
The Notice of Intent is to alter land at 77 Sugarcane Lane for the purposes
of proposed asphalt type tennis court within the buffer zone of a wetland
resource area. The commission reviewed the plans. The wall has to be
moved. The base of the wall will be at the 25' no-cut. M. Howard wants to
look at the flags. He has no problem with the proposal. The wetland line
has to be verified by M. Howard.
Motion to Continue to June 19, 1996 for DEP Comments and # and for
verification of wetland line, second by D. Feltovic. Vote* 6-0-0.
DECISIONS
242-784, Abbott Village Estates
M. Howard read the draft version of the Order of Conditions. The
Commission discussed the order.
Motion by A. Manzi to accept this Order, second by D. Feltovic. Vote: 6-0-0.
242-811, 12 Carriage Chase Road and 99 Coachman's Lane
M. Howard read the draft version of the Order of Conditions. The
Commission discussed the order.
North Andover Conservation Commission
June 5, 1996 12
Motion by A. Manzi to accept this Order, second by R. Mansour. Vote: 6-0-
0.
242-813, Lot 1 , 36 Watkins Way, Middleton/No. Andover
M. Howard read the draft version of the Order of Conditions. The
Commission discussed the order.
Motion by A. Manzi to accept this Order, second by R. Mansour. Vote: 6-0-
0.
ELECTION OF OFFICERS
Motion by George L. Reich to nominate Joseph W. Lynch, Jr. for Chairman,
second by A. Manzi. Vote: 6-0-0.
Motion by Robert L. Mansour to nominate Albert P. Manzi, Jr. for Vice
Chairman, second by D. Feltovic. Vote: 6-0-0.
The Commission members applauded Mr. Reich as he has served as the
Chairman of the,,Conservation Commission for five years.
Gorge L. Reich, Chairman